HomeMy WebLinkAboutWest 15th St Townhomes (PA2002-250)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
June 5, 2003
TO: PLANNING COMMISSION
FROM: Chandra Slaven, Assistant Planner
csiaven @city.newport- beach.ca.us (949) 644 -3231
SUBJECT: West 15th Street Townhomes (PA2002 -250)
869 -875 West 15th Street
Request for a Vesting Tentative Tract Map for the construction of a
42 -unit (attached) townhome project that encompasses
approximately 2.52 -acres in the West Newport area.
APPLICANT: The Olson Company
3020 Old Ranch Pkwy. #400
Seal Beach, CA 90740
RECOMMENDATION:
Hold a public hearing and adopt the draft Mitigated Negative Declaration and approve the
requested Vesting Tract Map No. 2002 -002 (PA2002 -250) subject to the findings and
conditions of approval within the draft resolution.
DISCUSSION:
Today's hearing is a continuation from the Planning Commission public hearing held on
April 17, 2003. During the hearing, the following issues were raised:
Affordable Housing: A comment was made that the project should provide
affordable housing per the Housing Element. Proposed conditions of approval
require the developer to pay in -lieu fees to compensate for the lack of affordable
housing. These fees will be utilized by the City to assist affordable housing projects
in the City. Staff continues to recommend a finding of consistency with the Housing
Element using the in -lieu fee suggested.
Front Yard Setback: The General Plan's Circulation Element states that a total of
24 feet (12 feet on each side) should be allocated for the widening of West 15th
Street in anticipation of the future Banning Ranch development. Some members of
the Commission commented that the front yard setback should be measured from
the future right -of -way. Planning Commissioners were concerned over the potential
negative impact to future residents of the project if the front yard setback does not
account for the potential future road alignment. The applicant re- designed the site
plan to incorporate the future right -of -way of 12 feet and the required setback of 20
feet, thus providing a total of 32 feet for the front yard setback.
• Side Yard Setback: Members of both the Planning Commission and the public
expressed concern over the encroachment into the side yard setbacks, due to the
adjacency of the proposed buildings to the neighboring residences. The applicant
re- designed the site plan to have an average of 27 feet for the side yard setbacks
to be fully compliant with the Code. As such, a Modification Permit is no longer
necessary.
Landscape Plan Detail: A comment was made that the level of detail was not
adequate within the conceptual landscape plan. Members of the Planning
Commission requested a more specific plan in terms of site usage and the type
and size of various plantings. Furthermore, the Commission expressed concern
over a lack of area devoted to landscaping and open space for the future
residents. The applicant submitted a more detailed landscape plan indicating
several community amenities and a planting palette.
• Site Suitability: Comments were made questioning the suitability of the 2.5 acre
site for the proposed type and density of development. The Commission opined
the proposed site plan with 18 units to the acre is an inappropriate density for this
housing type and suggested that this type of housing be plotted at approximately
12 units to the acre.
The Planning Commission continued the item to this meeting in order to give the
applicant the opportunity to redesign the project.
Revisions to the Project:
The applicant has re- designed the project as follows:
1. The number of residential units has been reduced from 45 to 42 units.
2. Increased the front yard setback by 12 feet to provide a total of 32 feet for the front
yard setback.
3. Increased side yard setbacks compliant with requirements. As such, a Modification
Permit for the side yard setback is no longer necessary.
4. Revision in floor plan square footages - Plan 1 is 1,704 square feet and Plan 2 is
1,785 square feet.
5. Minor re- design in architectural features of the units located on the southerly
portion of the property where the lot is narrower.
6. Added community amenities shown in a more detailed landscape plan including:
- Outdoor Fireplace
- Community Garden
- Outdoor Seating Areas
West I e Street Townhomes (PA2002 -250)
June 5, 2003
Page 2 of 5
Because of these changes, several of the numerical comparisons have changed:
1. The overall density has decreased from 18 units to 16.7 units to the acre.
2. Total building square footage has decreased from 80,466 square feet to 75,996
square feet.
3. The Floor Area Ratio for the project site has decreased from 0.73 to 0.69.
4. The amount of hardscape has increased from 32,800 square feet (30 %) to 34,580
square feet (30 %). The increase is due to the size of the turn around area located
at the entry (increased setback from West 15th Street and larger radii per traffic
requirements), additional trash enclosures and a wider main drive (26') due to fire
requirements.
5. The combination of landscape and open space area has increased from 18,661
square feet (17 %) to 42,359 square feet (including outdoor patios) (40 %).
Previously, the Planning Commission expressed the inability to make the finding
pertaining to site suitability for the housing type and density. From a regulatory standpoint,
the project is below the applicable Floor Area Limit and maximum density residential
standards. This however may not be considered sufficient for project approval from a
community design standpoint. Because of this, the Commission asked for a density and
product type comparison between the proposed project and the Sailhouse townhomes
located in Corona del Mar. A summary follows and a more complete comparison is
contained in Exhibit 2.
Project Comparison:
West 15th Street Townhomes
Sailhouse Multi - Family Residential
Density (Units/Acre)
16.7
16
Open Space/Landscaped
40%
25%
Areas
Paved Areas
30%
30%
Building Area
30%
45
Distance Between
+/- 35 ft.
Less than 10 ft.
Buildings
As indicated in the table above, the West 15th Street Townhomes has been re- designed
to be of similar density as the Sailhouse townhomes (16 units /acre); however the West
15t" Street Townhome site plan contains more landscaping and less building area overall.
To reduce the sense of density, the applicant re- designed each six -plex in the southerly
portion of the site to be one duplex and one triplex. This re- design contributes a greater
amount of landscaped /open space between the buildings. For these reasons, staff
believes that the site can be found to be physically suitable for the type and density of
development proposed.
The applicant has also provided a comparison of the West 15"' Street surrounding
neighborhood concerning density, open space, paving, building coverage and parking for
Planning Commission review (See Exhibit 2). The comparison shows that the proposed
West 1 e Street Townhomes (PA2002 -250)
June 5, 2003
Page 3 of 5
project is less dense and provides more open space than the surrounding residential
properties.
Although the site plan continues to lack a common recreational building or pool that might
be expected in a superior project, and the open space/landscape areas are of limited
value for recreational purposes; the revised site plan does satisfy the current standards
found in the Zoning and Subdivision Codes. The revised site plan does include a
community garden, an outdoor fireplace and several outdoor seating areas for the future
residents. There is no standard that establishes a minimum required amount of
landscaped area or recreational amenities within either Titles 19 or 20. Denial of the
project would be difficult in that the re- designed site plan complies with all applicable
zoning regulations and the City lacks implementation tools for design review which would
be helpful to establish facts to support denial findings.
The Commission may conclude that the project does not exhibit quality design features to
support a finding that the site is adequate to support the project. General Plan Policy F
states that the City shall develop and maintain suitable and adequate development
standards to insure the existing beauty and charm of residential neighborhoods. The City
has not adopted any design standards to implement this policy beyond the regulations in
Titles 19 and 20.
Environmental Review:
Staff has prepared a Mitigated Negative Declaration (MND) in accordance with the
implementing guidelines of the California Environmental Quality Act (CEQA). The MND
has been noticed and distributed for a 30 -day comment period that expired on April 14,
2003. As noted at the previous hearing, 5 comment letters were received (Department of
Transportation, District 12; Mesa Consolidated Water District; City of Costa Mesa;
Department of Conservation, Division of Oil, Gas, and Geothermal Resources and the
Department of Toxic Substances Control) by the City of Newport Beach. Although copies
of the comment letters were distributed at the previous hearing, duplicate copies have
been attached as Exhibit 2 for references purposes. In addition to the 5 comment letters,
a Mitigation Monitoring Program has been prepared for the adoption of mitigation
measures to be implemented at various stages of construction. The revised project is less
dense and would have a reduced impact on the environment compared to the previous
submittal. Therefore, the MND remains valid and does not require recirculation.
Furthermore, staff believes the MND adequately addresses the comments raised in the
attached letters and both the Draft Mitigated Negative Declaration and Mitigation
Monitoring Program can be adopted.
CONCLUSION:
In staffs opinion, the requirements and findings necessary for project approval can be
met and the 42 -unit townhome project would not prove detrimental to the area. Staff
believes that the revised project is an improvement over the original project due to the
increased open space, design details and density reduction. If the Planning Commission
West 15"' Street Townhomes (PA2002 -250)
June 5, 2003
Page 4 of 5
concurs with staffs evaluation, it would be appropriate to adopt the attached draft
resolution of approval included as Exhibit No.1. Staff has not found facts to support
findings for denial in this case. However, testimony received at the public hearing and the
deliberations of the Commission could identify the facts to support a denial.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits:
Draft Resolution No.
Prepared by:
CHANDRA SLAVEN
Assistant Planner
2. Applicant Submittal Package including revised Site Plan, Landscape Plan and
other associated drawings
3. 5 comment letters concerning the Mitigated Negative Declaration
4. Mitigation Monitoring Program
5. Minutes from April 17", 2003 Planning Commission hearing
West I Street Townhomes (PA2002 -250)
June 5, 2003
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RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING NEWPORT TRACT MAP NO. 2002-
002 (VESTING TENTATIVE TRACT MAP. NO. 16468) FOR THE
PROPERTY LOCATED AT 869 -875 WEST 15TH STREET (PA2002 -250).
The Planning Commission of the City of Newport Beach does hereby find, resolve and
order as follows:
Section 1. An application was filed by The Olson Company with respect to
properly located at 869 -875 West 15th Street (PA2002 -250) and legally described as
Lot 917 of the Newport Mesa Tract. The applicant seeks approval of a Vesting Tentative
Tract Map for the construction of 42 residential units on a lot that encompasses
approximately 2.52 acres in the West Newport area.
Section 2. A public hearing was first held on April 17, 2003, at 6:30 P.M. at
which time the project was continued to June 5, 2003 at 6:30 P.M. in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given. Evidence, both written and oral, was
presented to and considered by the Planning Commission at the meeting.
Section 3. The Planning Commission finds as follows:
Consistency with the General Plan
The Land Use Element (LUE) designates the project site for Multi - Family Residential
(MFR) uses. The Multi - Family Residential land use designation allows a maximum of
one dwelling unit for each 2,178 square feet of buildable lot area. The project
complies by proposing a total of 42 units where a total of 50 units would be allowed.
Therefore, the project is consistent with the LUE.
2. The project as conditioned provides for an irrevocable offer of dedication (IOD) from
the applicant for the future expansion of West 15th Street; and therefore is
consistent with the Circulation Element of the General Plan.
3. Per the Housing Element of the General Plan, this project requires, to the extent
feasible, to provide housing opportunities for low or moderate income households.
The applicant has not provided information regarding the infeasibility of providing
affordable housing units within the project; however, the applicant has requested the
opportunity to meet the affordable housing requirements of the General Plan by the
payment of an in -lieu fee. The City Council Affordable Housing subcommittee
evaluated the payment of in -lieu fees for smaller projects (less than 50 units), and
determined that the payment of an in -lieu fee of providing affordable units is
acceptable for developments such as the proposed project and consistent with the
City's goal to increase affordable housing opportunities as stated in the Housing
I
Element. The applicant has agreed to pay
constructed in -lieu of providing affordable
Housing Element of the General Plan.
Consistency with the Title 20 (Zoning)
Resolution No.
Page 2 of 14
$8,000.00 for every market rate unit
housing units in accordance with the
A total of 90 covered parking spaces (2 garage spaces for each unit) in addition to
22 guest spaces are proposed to serve the project and consequently meets the
parking requirements established in Chapter 20.66.
2. The 28/32 Foot Height Limitation Zone applies to all MFR districts. The project has
met this standard by setting the height of all buildings at exactly 28 feet from the
existing natural grade.
3. The project has met all applicable setbacks as currently designed.
Vesting Tract Map for 869 -875 West le Street
The subdivision as conditioned is consistent with the General Plan. Additionally, the
proposed subdivision is consistent with the Newport Beach Subdivision Code and
Subdivision Map Act and conditions of approval have been included to ensure
compliance.
2. The project site is flat, developed with urban uses with no environmental resources. No
other physical constraints to construction are known. Applicable planning policies and
codes permit multi -family residential to have a maximum gross floor area limit of 1.75
times the buildable area of the site. The proposed project is below this limit. Due to
these factors, the site is suitable for the type and density of development proposed.
3. A Mitigated Negative Declaration has been prepared for the project. It concludes that
the project will have a less than significant impact to the environment. The site is
developed in a highly urbanized area and no significant natural resources exist in the
area of the project site except for Newport Bay. The project includes a system of
filtering storm runoff on site before it is discharged to the storm water system. The
project also includes improvements to the local storm water system where a fossil type
filter will be installed to treat the first or low flow discharge prior to discharge to Newport
Bay. These features will mitigate and improve water quality thereby avoiding impacts to
fish or wildlife.
4. The project consists of 42 individual residential structures permitted by local ordinance
and the General Plan. No evidence is known to exist that would indicate that the
proposed subdivision pattern will generate any serious public health problems.
5. No public easements for access through or use of the property have been retained for
the use by the public at large. Public utility easements for utility connections that serve
the project site are present and will be modified, if necessary, to serve the new project.
Therefore the proposed subdivision will not impact public easements. Public
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Resolution No.
Page 3 of 14
improvements may be required of a developer per Section 19 of the Municipal Code
and Section 66411 of the Subdivision Map Act and public improvements may be
required of a developer per Section 20.91.040 of the Municipal Code.
6. The design of the proposed project provides each lot with direct southern exposure to
the maximum extent feasible; therefore, solar access and passive energy conservation
goals are met.
7. The proposed subdivision will create 42 market rate residential units. The project also
includes the payment of an in -lieu fee to the City which will be used by the City to
produce affordable housing within the City to comply with the Housing Element of the
General Plan and provide for a portion the City's portion of regional housing needs.
8. Waste discharge into the existing sewer will be consistent with residential use due to
the design and limitations of the use of the property established by existing zoning
regulations. It is not anticipated that waste discharge into the sewer from these uses
would violate any Regional Water Quality Control Board (RWQCB) requirements or
Orange County Sanitation District standards.
9. That public improvements may be required of a developer per Section 19 of the
Municipal Code and Section 66411 of the Subdivision Map Act.
Mitigated Negative Declaration
An Initial Study and Mitigated Negative Declaration (MND) have been prepared in
compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3. The Draft MND was circulated for public comment
between March 13, 2003 and April 14, 2003. Comments were received from the Mesa
Consolidated Water District, the California Department of Conservation, Division of Oil,
Gas, Geothermal Resources, City of Costa Mesa, Department of Transportation and
the Department of Toxic Substances Control of the State Environmental Protection
Agency.
2. The contents of the environmental document, including comments on the document,
have been considered in the various decisions on this project. On the basis of the
entire environmental review record, the proposed project will have a less than
significant impact upon the environment and there are no known substantial adverse
affects on human beings that would be caused. Additionally, there are no long -term
environmental goals that would be compromised by the project nor cumulative impacts
are anticipated in connection with the project. The mitigation measures identified are
feasible and reduce potential environmental impacts to a less than significant level.
The mitigation measures are applied to the project and are incorporated as conditions
of approval.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby adopts a Mitigated Negative Declaration and Approves Newport Vesting Tract
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Resolution No.
Page 4 of 14
Map No. 2002 -002 (Vesting Tentative Tract Map. No. 16468) subject to the conditions
set forth in Exhibit "A" attached.
Section 6. This action shall become final and effective fourteen (14) days after
the adoption of this Resolution unless within such time an appeal is filed with the City Clerk
or this action is call for review by the City Council in accordance with the provisions of Title
20, Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS a DAY OF JUNE, 2003.
la
3i
AYES:
NOES:
ABSENT:
Steve Kiser, Vice Chairman
Patricia L. Temple, Ex- Officio Secretary
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Resolution No.
Page 5 of 14
Exhibit "A'
Conditions of Approval
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. Project approvals shall expire unless exercised within 36 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in
accordance with applicable regulations.
3. In -lieu of providing affordable housing units in accordance with the Housing Element
of the General Plan, a fee of $8,000 per unit built for a total of $336,000.00 shall be
paid to the City prior to the issuance of building permits for new construction. Should
payment of this in -lieu fee not be paid for any reason, the project shall provide a
minimum of 20% of the total units (9 units) for moderate income households for a
minimum of 20 years. Should the affordable units be provided, the applicant shall
enter into an agreement with the City to provide said units. The agreement shall be
reviewed and approved by the City Attorney and shall be executed prior to the
recordation of the final map or the issuance of a building or grading permit for the
proposed subdivision.
4. Each individual unit shall be protected with an automatic fire suppression sprinkler
system subject to the review and approval of the Newport Beach Fire Department.
5. A fire protection system acceptable to the Fire Department will be installed by the
developer and tested by the Fire Department prior to storage of any combustible
materials or start of any structural framing.
6. 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.
7. The future homeowners association shall be responsible for contracting for refuse
pickup. The applicant shall provide a minimum of four (4) common trash enclosures
evenly distributed throughout the project site. The size, design and location of trash
enclosures shall be subject to the review and approval of the Public Works and
Planning Departments prior to issuance of a building permit for new construction.
The enclosures shall be located on a four inch concrete pad screened by a six foot
high decorative concrete block wall that is compatible with the architectural design of
the residential buildings. The enclosures shall incorporate a cover of decorative
beams or other roofing material to provide security and visual screening from above.
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Resolution No.
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8. The enclosed garages shall be available for the exclusive use of the residential
occupants for parking purposes only. No conversion of the garage spaces to other
use shall be permitted.
9. The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect. These plans shall incorporate drought tolerant plantings and
water efficient irrigation practices, and the plans shall be approved by the Planning
Director and the General Services Department prior to the issuance of a building
permit. All planting areas shall be provided with a permanent underground automatic
sprinkler irrigation system of a design suitable for the type and arrangement of the
plant materials 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.
10.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.
11. All vehicular access rights to West 15th Street shall be released and relinquished to
the City of Newport Beach, except for the proposed entrance driveways.
12. Prior to the recordation of the map or prior to the issuance of building permits for the
new construction, the applicant shall record an irrevocable offer of dedication (IOD)
for a 12 -foot wide easement along the entire West 15th Street frontage to the City of
Newport Beach. The IOD shall be subject to the review and approval of the Newport
Beach Public Works Department and City Attorney prior to recordation.
13. The project must comply with the interior and exterior noise standards for residential
uses of the Noise Ordinance. The interior noise standard is 45dBA between the
hours of 7:OOAM and 10:OOPM and 40dBA between the hours of 10:OOPM and
7:OOAM. The exterior noise level standard is 55dBA between the hours of 7:OOAM
and 10:OOPM and 50dBA between the hours of 10:OOPM and 7:OOAM. An acoustic
study shall be performed by a qualified professional that demonstrates compliance
with these standards of the Noise Ordinance. This acoustic study shall be performed
and submitted to the City Planning Department prior to occupancy of the project. If
the exterior noise levels exceed applicable standards, additional mitigation shall be
required which may include the installation of additional sound attenuation devices
as recommended by the acoustic study and subject to the approval of the Planning
Director.
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Resolution No.
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14. Each residential unit shall be separately served with an individual water service and
sewer lateral connection to the public water and sewer systems unless otherwise
approved by the Public Works Department and the Building Department.
15.The intersection of the private streets or drives with West 15th Street shall be
designed to provide sight distance for a speed of 40 miles - per -hour. Slopes,
landscape, walls and other obstructions shall be considered in the sight distance
requirements. Landscaping within the sight line shall not exceed twenty-four inches
in height. The sight distance requirement may be modified at non - critical locations,
subject to approval of the Traffic Engineer.
16. If it is desired to have a control gate at the entrance, a turnaround shall be provided
prior to the gate. The design of the controlled entrance shall be reviewed and
approved by the Public Works Department and Fire Department with respect to
turnaround radii, guest entry kiosk placement, etc. A minimum length of 60 feet of
vehicle stacking before the entry kiosk is required.
17. Easements for public emergency and security ingress, egress and public utility
purposes on all private streets shall be dedicated to the City and that all easements
be shown on the final tract map(s).
18. That asphalt or concrete access roads shall be provided to all public utilities, vaults,
manholes, and junction structure locations, with width to be approved by the Public
Works Department.
19.All improvements within the public right of way shall be constructed as required by
Ordinance and the Public Works Department.
20. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements. The applicant shall
prepare a construction phasing plan and construction delivery plan that includes
routing of large vehicles prior to the issuance of building permits for new
construction. Large construction vehicles shall not be permitted to travel narrow
streets and alleys as determined by the Public Works Department.
21.Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
obtain a building permit prior to completion of the public improvements.
22.A hydrology and hydraulic study shall be prepared by the applicant and approved by
the Public Works Department, along with a master plan of water, sewer and storm
drain facilities for the on -site improvements and public improvements prior to
recording of the tract map. Any modifications or extensions to the existing storm
drain, water and sewer systems shown to be required by the study shall be the
responsibility of the developer.
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Resolution No.
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23.The applicant shall provide wheel stops or other approved protective barrier
methods as necessary within the parking areas. The parking spaces shall be marked
with approved traffic markers subject to the approval of the Public Works
Department or painted white lines not less than 4 inches wide.
24.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.
25. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 19.24.140 of the Municipal Code unless it is
determined by the City Engineer that such undergrounding is unreasonable or
impractical.
26. The applicant shall replace the pole- mounted streetlights along the West 15th Street
frontage with standard concrete poles served by underground conduits and
connectors prior to the occupancy of the units.
27. Prior to recordation of a final tract map, the subdivider shall provide written
documentation from the southwesterly situated property owner that the proposed
access gate for emergency vehicles may be constructed through the existing
boundary wall including any alterations of improvements or landscaping on the
adjoining property necessary to accommodate such access.
28.Any Edison transformers serving the site shall be located outside the sight distance
planes as described in City Standard 110 -L.
29.A final map shall be recorded. That the final map be prepared so that the Bearings
relate to the State Plane Coordinate System. The final map shall be prepared on the
California coordinate system (NAD83) and that prior to recordation of the final map,
the surveyor /engineer preparing the map shall submit to the County Surveyor and to
the City of Newport Beach a digital- graphic file of said map in a manner described in
Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. That prior to recordation of the final map,
the surveyor /engineer preparing the map shall tie the boundary of the map into the
Horizontal Control System established by the County Surveyor in a manner
described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron
pipe with tag) shall be set on each lot corner unless otherwise approved by the
Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
30.A standard subdivision agreement and accompanying surety shall be provided in
order to guarantee satisfactory completion of the public improvements if it is desired
to record a tract map or obtain a building permit prior to completion of the public
improvements.
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Resolution No.
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31.The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review by the Traffic Engineer.
32. Street, drainage and utility improvements shall be shown of standard improvement
plans prepared by a licensed civil engineer and approved by the City Engineer. All
non - standard improvements shall be shown on standard improvement plans
prepared by a licensed civil engineer and approved by the City Engineer and the
City Council.
33.The on -site storm drain system shall be privately maintained. Fossil filters or
equivalent measures shall be included as part of the design of catch basins and curb
inlets. An on -site clarifier shall be provided.
34. The design of the private streets and drives shall conform to the City's Private Street
Policy (L-4), except as approved by the Public Works Department. The basic
roadway width shall be a minimum of 24 feet. The location, width, configuration,
sight distance and concept of the private street and drive systems shall be subject to
further review and approval by the City Traffic Engineer.
35. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, street trees shall be required and shall
be subject to the review and approval of the General Services and Public Works
Departments.
36.A site plan shall be provided prior to recordation of any tract map or issuance of a
building permit for new construction showing the location of all proposed street
lights, fire hydrants, trees, landscape, vents and other obstructions.
37.The applicant shall be responsible for the payment of all applicable City plan check
and inspection fees.
38. County Sanitation District fees shall be paid prior to issuance of any building permits.
39. That curb and gutter be reconstructed along the West 15th Street frontage under an
encroachment permit issued by the Public Works Department to replace the existing
driveways. Existing sidewalk shall be replaced with a minimum four -foot wide
sidewalk located adjacent to the right -of -way along the entire West 15th Street
frontage.
40. Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
create a public nuisance. "Walpak" type fixtures are not permitted. Parking area
lighting shall have zero cut -off fixtures.
41.The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in
the opinion of the Planning Director, the illumination creates an unacceptable
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Resolution No.
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negative impact on surrounding land uses or environmental resources. The applicant
shall prepare a photometric study in conjunction with a final lighting plan for approval
by the Planning Director prior to the issuance of a building permit. The Planning
Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated
Mitigation Measures of the Mitigated Negative Declaration —
42. Design, locate and arrange all new on -site lighting so as to reflect the light away
from surrounding residential properties and ensure that low intensity, non - blinking
lamps are used.
43. If conventional paints and coating are used, construction is anticipated to create
significant ROG emissions associated with the application of these products and
mitigation is warranted to reduce this impact to less than significant levels.
Applicable mitigation includes the requirement that the construction contractor use
low volatility paints and coatings as discussed below:
• All primers shall contain less than 0.85 pound per gallon (102 gram /liter) VOC.
• All top coats shall contain less than 0.07 pound per gallon (8 grams /liter) VOC
44. If buried historical resources are discovered during ground - disturbing activities work
will stop in that area and within 100 feet of the find until a qualified historian can
assess the significance of the find and, if necessary, develop appropriate treatment
measures in consultation with the City of Newport Beach and other appropriate
agencies.
45. If buried archaeological resources are discovered during ground - disturbing activities
work will stop in that area and within 100 feet of the find until a qualified
archaeologist can assess the significance of the find and, if necessary, develop
appropriate treatment measures in consultation with the City of Newport Beach and
other appropriate agencies.
46. If buried paleontological resources are discovered during ground- disturbing activities
work will stop in that area and within 100 feet of the find until a qualified
paleontologist can assess the significance of the find and, if necessary, develop
appropriate treatment measures in consultation with the City of Newport Beach and
other appropriate agencies.
47. If any human remains are discovered or recognized in any location other than a
dedicated cemetery, there will be no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie adjacent human remains until the
coroner has been informed and has determined that no investigation of the cause of
death is required.
0
Resolution No.
Page 11 of 14
48. If the remains found are of Native American origin there will be no further excavation
or disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains until the coroner has been informed and has determined
that no investigation of the cause of death is required. In addition, the human
remains and any associated grave goods shall be treated or disposed of with
appropriate dignity as provided in Public Resources Code Section 5097.98.
49. All grading shall be accomplished under the observation and testing of the project
geotechnical engineer and engineering geologist in accordance with the Earthwork
Specifications of the Pacific Soils Engineering, Inc Geotechnical Investigation
produced for the proposed site.
50.All loose, compressible artificial fill and natural soils should be removed and
replaced with compacted fill. On -site, excavated soils shall be sampled prior to
disposal. If contaminated, on -site soils shall be properly disposed of using Land
Disposal Restrictions as required. In addition, all imported soils shall be tested prior
to their use to ensure that they are free of contamination. All fill and processed
natural ground should be compacted to a minimum relative compaction of 90% as
determined by ASTM Test Method: D- 1557 -91. Compaction shall be achieved at
slightly above the optimum moisture content. Compaction shall be achieved with the
use of sheepsfoot rollers or similar kneading type equipment. Mixing and moisture
conditioning will be required in order to achieve the required moisture conditions.
51.After removals, scarification, and compaction of in -place materials are completed,
additional fill may be placed. Fill should be placed in thin lifts (8 -inch bulk), moisture
conditioned to slightly above optimum, compacted and tested as grading progresses
until final grades are attained.
52.A comprehensive asbestos survey and a comprehensive Lead Based Paint (LBP)
survey shall be conducted in order to determine the presence or non - presence of
asbestos or lead in on -site structures.
53. For renovation and demolition construction activities that will disturb asbestos -
containing materials, a qualified asbestos abatement contractor will remove and
clean the area in accordance with SCAQMD and California OSHA requirements
prior to commencement of construction activities.
54.All construction contractors shall comply with SCAQMD regulations, including Rule
1113, which regulates architectural coatings, and Rule 1403, which specifies actions
to control asbestos emissions during demolition activities. Construction contractors
shall provide documentation to the City of Newport Beach that they will comply with
all applicable SCAQMD regulations and the mitigation measures.
55. For demolition or construction activities that will disturb areas containing lead -based
paint (LBP) a Lead Management Program shall be prepared, and implemented, to
avoid incidental, and /or accidental disturbance of lead -based paint. The program
shall set forth operational and maintenance guidelines to minimize lead exposure.
�b
Resolution No.
Page 12 of 14
Prior to demolition, or major construction, specifications shall be property modified to
incorporate the appropriate handling and /or removal of lead -based paint. The Lead
Management Program shall be submitted to the City of Newport Beach for review
prior to disturbance of any affected areas.
56. Personal and random area air monitoring shall be conducted during lead removal
and /or demolition.
57. Contractors shall keep debris piles wet after demolition to prevent lead particles from
becoming airborne.
58.All construction contractors shall comply with precautionary measures in accordance
with the guidelines set forth by the EPA, the Occupational Safety and Health
Administration (OSHA) and other regulatory agencies. Construction contractors
shall provide documentation to the City Newport Beach that they will comply with all
applicable regulations and mitigation measures.
59. All known and observed hazardous materials will be remediated in accordance with
the outlined recommendations included in Section 3.7 concerning asbestos, lead,
contaminated soils, and methane within the project's Mitigated Negative Declaration
and conducted by a regulatory agency that has jurisdiction to oversee hazardous
waste cleanups. If soil and /or groundwater locations where spillage of fluids or
contamination from prior activities or hazardous materials are discovered during
construction activities, these construction activities shall be curtailed until the area is
evaluated. Based upon the evaluation such areas shall be remediated as
determined appropriate using Health and Safety procedures. Removal of petroleum
contamination will also alleviate the generation of hydrogen sulfide and its attendant
odor. Prior to the issuance of a building permit for new construction, the applicant
must provide evidence that no further action regarding environmental cleanup of the
site is necessary to the California Environmental Protection Agency and /or the local
enforcing agencies.
60. Prior to the construction of any structures, proximate soil gas testing shall be
performed to ensure that methane or other soil gases do not permeate the buildings.
This testing program shall be developed and applied in consultation with SCAQMD
staff. If gaseous constituents are found to be above regulatory levels, the Applicant
shall work with these agencies to develop methods to ensure that unsafe levels do
not accumulate within the proposed structures.
61.To ensure proper review of building projects, the project applicant shall contact the
Cypress Office of the DCDOG for a copy of the site - review packet entitled,
"Construction Project Site Review and Well Abandonment Procedure" that outlines
the information a project developer must submit to the DCDOG for review.
62.After on -site structures and paving has been removed, any abandoned well or sump
suspected to be the source of methane emissions on the site shall be investigated
I
Resolution No.
Page 13 of 14
and identified on future project maps and a legible copy of the final project map shall
be submitted to DCDOG's District Office in Cypress.
63. The source of the methane shall be mitigated, such as through proper abandonment
or reabandonment of the well if that is determined to be the cause of the emissions.
Further, if any plugged and abandoned or unrecorded wells are damaged or
uncovered during excavation or grading, the DCDOG's Cypress office shall be
contacted to obtain information on the requirements for and approval to perform
remedial operations. Prior to the issuance of a building permit for new construction,
the applicant must provide evidence that no further action regarding environmental
cleanup of the site is necessary to the DCDOG Cypress Office and/or the local
enforcing agencies.
64. If the source of methane emissions is determined to be an oil sump, a plan for
removal shall be developed and implemented. If the source of the methane
emissions cannot be eliminated by oil well abandonment and /or sump removal, an
active remediation system shall be imposed upon the project. That system may
include, but shall not be limited to, methane extraction and emission control
equipment including the placing of an adequate gas venting system over the well
should any construction be proposed over the well as a part of this project.
65. SECOR and the City of Newport Beach Fire Department shall evaluate the proposed
project site and evaluate residual emissions for active control; these entities shall
also develop and implement a methane gas monitoring plan.
66. Passive methane controls shall be planned into the development. These controls
shall include methane gas barriers beneath the proposed townhome structures;
utility methane controls; methane detectors in all homes near higher methane
concentrations; and a building set back from the future located and re- abandoned
well. These measures shall also include other measures established by the City of
Newport Beach Fire Department as deemed necessary.
67. Prior to site preparation, grading or construction of the proposed project, the
construction contractor shall prepare a WQMP. The WQMP shall identify the BMPs
that will be used on -site to control predictable pollutant runoff.
68.The applicant will obtain an NPDES permit from the Santa Ana Regional Water
Quality Control Board (SARWQCB) that will stipulate permissible waste discharge
requirements (WDRs) for the operations phase of the project. Low phosphate
fertilizers will be used in minimal amounts. The applicant will adhere to the WDRs.
Water quality and compliance oversight will be monitored and provided by the City of
Newport Beach Planning Department's Code Enforcement Division.
69. The Applicant shall provide forced air ventilation to all residential units.
P
Resolution No.
Page 14 of 14
70. Construction equipment shall be equipped with mufflers and sound control devices
(e.g., intake silencers and noise shrouds) no less effective than those provided on
the original equipment and no equipment shall have an unmuffled exhaust.
71. Construction equipment shall be maintained properly and tuned -up to minimize
noise emissions.
72. Stationary source equipment (e.g., compressors) shall be located so as to maintain
the greatest distance from residential dwellings.
73.AII equipment servicing during construction activities shall be performed so as to
maintain the greatest distance from the dwellings.
74. The name and telephone number of a contact person shall be posted on -site.
EXHIBIT 2
APPLICANT SUBMITTAL PACKAGE INCLUDING DRAWINGS
m
EXHIBIT 3
5 COMMENT LETTERS CONCERNING
THE MITIGATED NEGATIVE DECLARATION
�3
`�...
.e
STATE OF CALIFORNIA
Governor's Office of Planning and Research
State Clearinghouse o
Gray Davis
Tal Finney
Governor
- Interim Director
ACKNOWLEDGEMENT OF RECEIPT
DATE:
March 18, 2003 RECEIVED BY
PLANNING DEPART! iEi 17
TO:
Chandra Slaven C17Vr f•" ^ ^-- --- ,�„
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
RE: 15th Street Townhomes
SCH #: 2003031053
2003
Art1�,'1
7189110111112: -, i2i ; zI3IfJ
This is to acknowledge that the State Clearinghouse has received your environmental document
for state review. The review period assigned by the State Clearinghouse is:
Review Start Date: March 13, 2003
Review End Date: April 11, 2003
We have distributed your document to the following agencies and departments:
California Coastal Commission
California Highway Patrol
Caltrans, District 12
Department of Conservation
Department of Fish and Game, Region 5
Department of Parks and Recreation
Department of Water Resources
Native American Heritage Commission
Office of Historic Preservation
Regional Water. Quality Control Board, Region 8
Resources Agency
State Lands Commission
The State Clearinghouse will provide a closing letter with any state agency comments to your
attention on the date following the close of the review period.
Thank you for your participation in the State Clearinghouse review process.
1400 TENT1I STREET P.0. 130X 3(44 .SACRAM ENTO. CALIFORNIA ')531' -3014
(916)445 -0613 F,AX016173 -3018 a "vw.opr.n.gov
" 26
a `l
DEPARTMENT OF TRANSPORTATION
District 12
3337 Michelson Drive, Suite 380
Irvine, CA 92872 -8894
April 9, 2003
Ms. Chandra Slaven
City of Newport Beach
3300 Newport Boulevard
Newport Beach CA 92658 -8915
Subject: le Street Town Homes
Dear Ms. Slaven,
RECENED BY
PLANNING DEPAR 1 MIRNT Be eefdewll
CITY r.- 1A
•.� %; w � 2003 Pi�,l
AM
4 O
71819; .10;1 ; �1;: ;,; i 1510
File: IGR/CEQA
SCH #: 2001031053
Log #: 1228
SR: SR -55
Thank you for the opportunity to review and comment on the Mitigated Negative
Declaration dated March 11, 2003 for the I r Street Town Homes project The Olson
Company proposes to develop 45 two -story homes in a gated area. The project is
located on 869 -875 15`" Street in the City of Newport Beach and the nearest state route
is SR -55.
Caltrans District 12 status is a reviewing agency on this project and has no comments
at this time. However, in the event of any activity in Caltrans' right -of -way, an
encroachment permit will be required. Applicants are required to plan for sufficient
permit processing time, which may include engineering studies and environmental
documentation.
Please continue to keep us informed of this project and other future developments,
which could potentially impact our transportation facilities. If you have any questions or
need to contact us, please do not hesitate to call Maryam Molavi at (949) 724 -2267.
Sincerely,
Robert F. Joseph, Chief
IGR/Community Planning Branch
C: Terry Roberts, Office of Planning and Research
Ron Helgeson, HQ IGR/Community Planning
'5
"Caltm improves mobility across California " a
i ate° o
6944iP
Gray Davis
Governor
, t°r
STATE OF CALIFORNIA i a
Governor's Office of Planning and Research =�
State Clearinghouse � • °`
g t- s=CE���`O BY Tal Finney
p� 4;v G O4^ Tr,�FN? y
LA Interim Director
TV
April 14, 2003
PAM Ill
Chandra Slaven
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Subject: 15th Street Townhomes
SCH #: 2003031053
Dear Chandra Slaven:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. The review period closed on April 11, 2003, and no state agencies submitted comments by that
date. This letter acknowledges that you have complied with the State Clearinghouse review requirements
for draft environmental documents, pursuant to the California Environmental Quality Act.
Please call the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the
environmental review process. If you have a question about the above -named project, please refer to the
ten -digit State Clearinghouse number when contacting this office.
Sincerely,
Te %bents
Director, State Clearinghouse
1400TENTHSTREET P.O.UO. \3044 SACRAMENTO, CALIFORNIA 9iN'-3044
(916)44j.0613 FArU161� ,45 3 -301% www.opcca.gov
11
Document Details Report
State Clearinghouse Data Base
SCH# 2003031053
Project Title 15th Street Townhomes
Lead Agency Newport Beach, City of
Type Neg Negative Declaration
Description The project applicant, The Olson Company, proposes to develop 45 two -story town homes in a gated
area on the 2.52 -acre property at 869 -875 15th Street between Monrovia and Placentia Avenues.
Each town home would have 3 bedrooms and a two -car garage. Two different floor plans would be
offered to proposed residents. Plan 1 would encompass 1,762 square feet; Plan 2 would encompass
1,913 square feet. Total proposed building area is 40,300 square feet and proposed paved area in
32,800 square feet.
Lead Agency Contact
Name Chandra Sloven
Agency City of Newport Beach
Phone 949 - 644 -3200 Fax
email
Address 3300 Newport Boulevard
City Newport Beach State CA Zip 92658 -8915
Project Location
County
City
Region
Cross Streets
Parcel No.
Township
Proximity to:
Highways
Airports
Railways
Waterways
Schools
Land Use
Orange
Newport Beach
W. 15th Street and Placentia] Ave.
Range
SR -55
Section
Base
Current land use: Commercial/Industrial; Zoning: Multi- Family Residential: MFR -2178
Projectissues Aesthetic/Visual; Air Quality; Archaeologic- Historic; Geologic/Seismic; Noise; Soil
Erosion/Compaction/Grading; Toxic /Hazardous; Water Quality
Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish
Agencies and Game, Region 5; Office of Historic Preservation; Department of Parks and Recreation;
Department of Water Resources; California Highway Patrol; Caltrans, District 12; Regional Water
Quality Control Board, Region 8; Native American Heritage Commission; State Lands Commission
Date Recelved 03!1312003 Start of Review 03/1312003 End of Review 04111/2003
d
Note: Blanks in data fields result from insufficient information provided by lead agency.
Mesa Consolidated
Water District
This letter provides comments to the proposed mitigated negative
COLEEN SCARMINACH
Diiand Secretary
declaration provided to Mesa with the subject notice of intent. In section
RECEiVED BY
*-3.16 Utilities and Service Systems on pa a 88, subsections b) and d)
Treasurer /Auditor
PU`,NN1NG 1)hRA= °.1F..r)"
WILES&GAN NONNE
Beach. This property is served and will continue to be served by Mesa
Attorney
BOARD OF DIRECTORS
March 25, 2003
2003
JAMES F. ATKINSON
water supplies to serve the project and these descriptions can be attributed
A N! 171
President
Division IV
7 9 I ii -'
R. MICHAEL HEALEY
Chandra Slaven, Assistant Planner•
First Vice President
City of Newport Beach
�1
DlvisionV
FRED BOCKMILLER
3300 Newport Boulevard
Vice President
Newport Beach, California 92660
Division
TRUDY OHLAG -HALL
V'ovson Icell °t
Subject: Notice of Preparation of a Mitigated
Negative Declaration
PAULSHOENseRGER
for the 15 It Street Townhomes Residential Project
Vice President
Division 11
Dear Ms. Slaven:
DIANA M. LEACH
General Manager
This letter provides comments to the proposed mitigated negative
COLEEN SCARMINACH
Diiand Secretary
declaration provided to Mesa with the subject notice of intent. In section
MARGARET M. W. RUTLEDGE
*-3.16 Utilities and Service Systems on pa a 88, subsections b) and d)
Treasurer /Auditor
erroneously describe water service being provided by the City of Newport
WILES&GAN NONNE
Beach. This property is served and will continue to be served by Mesa
Attorney
Consolidated Water District (Mesa). I agree with your descriptions-
regarding the capacity o existing water facilities and the sufficiency of
water supplies to serve the project and these descriptions can be attributed
to Mesa's water system and water supplies.
I am the contact person at Mesa and can be reached at (949) 631 -1291 or
,Mesa Consolidated
BobM@mesawater.org if you have any comments or questions.
Water District's mission:
Dedicated to
Very truly yours,
Satisfying our
Community's
Water Needs
Robert R. McVicker
District Engineer
C: Mike Sinacori, City of Newport Beach
Diana Leach, General Manager
P.O. Box 5008 • 1965 Placentia Avenue (92627) a Costa Mesa, California 92628 -5008
Telephone (949) 631 -1200 FAX (949) 574 -1036
April 7, 2003
CITY OF COSTA MESA
P.O. BOX 1200 - 77 FAIR DRIVE - CALIFORNIA 92628.1200
DEVELOPMENT SERVICES DEPARTMENT RECEVED r,%
C1Tyy PPJI ^;C nEP:aR'' IEN7
(IgIt�11C .r L,
� }AAi4 }it }4. °jV }�
Ms. Chandra Slaven
Assistant Planner
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Subject: IS /MND FOR 15TH STREET TOWNHOMES
Dear Ms. Slaven:
Thank you for the opportunity to review and comment on the Initial
Study /Mitigated Negative Declaration for the 15" Street Townhomes project. The
proposed project is for the development of 45 two -story townhomes in a gated
area on a 2.52 -acre property at 869 -875 151" Street between Monrovia and
Placentia Avenues. Due to the scale of the project and reduction in vehicle trips,
the redevelopment of this existing industrial property would have less than
significant impacts to the City of Costa Mesa. Therefore, the City has no
comments or concerns related to the proposed project.
The City appreciates being informed of this project and looks forward to receiving
information on future developments that may affect Costa Mesa. If you have any
questions or comments, please contact me at (714) 754 -5610.
Sincerely, .
R. kCHAEL ROBINSON, AICP
Planning & Redevelopment Manager
c: Donald D. Lamm, Deputy City Mgr. -Dev. Svcs. Dir. .
Claire Flynn, Associate Planner
Building Division (714) 7545273 • Code Enforcement (714) 754 -5623 • Planning Division (714) 7545245
FAX (714) 754-4856 - TDD (714) 7545244 - w .acosta- mesa.ca.us
DIVISION OF OIL,
GAS, & GEOTHERMAL
RESOURCES
5816 CORPORATE AVE.
SUITE 200
CYPRESS
CALIFORNIA
90630 -4731
PHONE
916/816 -6847
FAX
916/816 -6853
INTERNET
consrv.ca.gov
GRAY DAVIS
GOVERNOR
DEPARTMENT OF CONSERVATION
S T A T E O F C A L I F O R N I A
,;'CE \J ART ^.ie.� 1
C•...
March 18, 2003
Chandra Slaven, Assistant Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92685 -8915
Subject: Notice of Preparation of a Mitigated Negative Declaration, Project Title: 151h
Street Townhomes Residential Project, Orange County
The Department of Conservation's Division of Oil, Gas, and Geothermal
Resources (Division) has reviewed the above referenced project. The
Division supervises the drilling, maintenance, and plugging and
abandonment of oil, gas, and geothermal wells in California. We offer the
following comments for your consideration.
"NIP proposed project is located within the administrative boundaries of
the Newport oil field. There is one plugged and abandoned well within
the project boundaries. This well is identified on Division map 136 and
records. The Division recommends that all wells within or in close
proximity to project boundaries be accurately plotted on future project
maps.
Building over or in the proximity of plugged and abandoned wells should - Jn -,�.
be avoided if at all possible. If this is not possible, it may be necessary tor:Irr
plug or re -plug wells to current Division specifications. Also, the State Oil
and Gas Supervisor is authorized to order the reabandonment of
previously plugged and abandoned wells when construction over or in the
proximity of wells could result in a hazard (Section 3208.1 of the Public
Resources Code). If reabandonment is necessary, the cost of operations
is the responsibility of the owner of the property upon which the structure
will be located.
Furthermore, if any plugged and abandoned or unrecorded wells are
damaged or uncovered during excavation or grading, remedial plugging
operations may be required. If such damage or discovery occurs, the
Division's district office must be contacted to obtain information on the
requirements for and approval to perform remedial operations.
�J�
Chandra Slaven, Assistant Planner
March 18, 2003
Page 2
To ensure proper review of building projects, the Division has published an
*informational packet entitled, "Construction Project Site Review and Well Abandonment
Procedure" that outlines the information a project developer must submit to the Division
for review. Developers should contact the Division's Cypress district office for a copy of
the site - review packet.
Thank you for the opportunity to comment on the NOP. If you have questions on our
comments, or require technical assistance or information, please call me at the Cypress
district office: 5816 Corporate Avenue, Suite 200, Cypress, CA 906304731; phone
(714) 816 -6847.
Sincerely,
David Curtis
Environmental Engineer
31
r
dz ,a
Gray Davis
Governor
STATE OF CALIFORNIA`,°
Governor's Office of Planning and Research �2911111*
State Clearinghouse OF rM*F
Tal Finney
Interim Director
April 22, 2003
Chandra Slaven
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Subject: 15th Street Townhomes
SCH #: 2003031053
Dear Chandra Slaven:
The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse
after the end of the state review period, which closed on April 11, 2003. We are forwarding these
comments to you because they provide information or raise issues that should be addressed in your final
environmental document.
The California Environmental Quality Act does not require Lead Agencies to respond to late comments.
However, we encourage you to incorporate these additional comments into your final environmental
document and to consider them prior to taking final action on the proposed project.
Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions concerning the
environmental review process. If you have a question regarding the above -named project, please refer to
the ten -digit State Clearinghouse number (2003031053) when contacting this office.
Sincerely, (�},
�erts
Senior Planner, State Clearinghouse
Enclosures
cc: Resources Agency
RECEIVED BY
PLANNING DEPARTI iFNT
CITY 0;� h1 ~t` ^r ^T CEA:.l-I
y.ra
AM 2.003 PiA
71f3191�.011�1121I�,I�IPal516
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 Fl ,
(916) 445 -0613 F.AX(916)323 -3018 www.opr.ca.gov
Winston H. Hickox
Agency Secretary
California Environmental
Protection Agency
April 14, 2003
Department of Toxic Substances Control
Edwin F. Lowry, Director
5796 Corporate Avenue
Cypress, California 90630
Ms. Chandra Slaven
Assistant Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92685 -8915
�3i 053
PR 2003
Gray Davis
Governor
NEGATIVE DECLARATION FOR THE 15TH STREET TOWNHOMES RESIDENTIAL
PROJECT
Dear Ms. Slaven:
The Department of Toxic Substances Control (DTSC) has received your Negative
Declaration (ND) for the above- mentioned Project.
Based on the review of the document. comments are as follows:
1) A copy of the ND should be filed with the State Clearing House, 1400 Tenth
Street, Sacramento, California 95814 if you haven't done so.
2) The mitigation measures specified in Section 3.7 of the report should be
implemented as mentioned in the report. In addition to the mitigation measures
mentioned in 3.7, following items should be addressed.
3) The ND needs to identify and determine whether current or historic uses at the
Project site have resulted in any release of hazardous wastes /substances at the
Project area.
4) The ND needs to identify any known or potentially contaminated site within the
proposed Project area. For all identified sites, the ND needs to evaluate whether
conditions at the site pose a threat to human health or the environment.
5) The ND should identify the mechanism to initiate any required investigation
and /or remediation for any site that may require remediation, and the
government agency to provide appropriate regulatory oversight.
The energy challenge facing California is real. Every Californian needs to take Immediate action to reduce energy consumption.
For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at www.dtsc.ca.gov. n
e Printed on Recycled Paper ✓1
Ms. Chandra Slaven
April 14, 2003
Page 2 of 3
6) Any hazardous wastes /materials encountered during construction should be
remediated in accordance with local, state, and federal regulations. Prior to
initiating any construction activities, an environmental assessment should be
conducted to determine if a release of hazardous wastes /substances exists at
the site. If so, further studies should be carried out to delineate the nature and
extent of the contamination. Also, it is necessary to estimate the potential threat
to public health and /or the environment posed by the site. It may be necessary
to determine if an expedited response action is required to reduce existing or
potential threats to public health or the environment. If no immediate threat
exists, the final remedy should be implemented in compliance with state
regulations and policies rather than excavation of soil prior to any assessments.
7) All environmental investigation and/or remediation should be conducted under
a Workplan which is approved by a regulatory agency that has jurisdiction to
oversee hazardous waste cleanups. Complete characterization of the soil is
needed prior to any excavation or removal action.
8) If any of the adjacent properties of the project site are contaminated with
hazardous chemicals, and if the proposed project is within 2,000 feet from a
contaminated site, then the proposed development may fall under the "Border
Zone of a Contaminated Property." Appropriate precautions should be taken
prior to construction if the proposed project is on a "Border Zone Property."
9) The project construction may require soil excavation and soil filling in certain
areas. Appropriate sampling is required prior to disposal of the excavated soil.
If the soil is contaminated, properly dispose of it rather than placing it in another
location. Land Disposal Restrictions (LDRs) may be applicable to these soils.
Also, if the project is planning to import soil to backfill the areas excavated,
proper sampling should be conducted to make sure that the imported soil is
free of contamination.
10) The concentrations of trichloroethene (TCE) and tetrachloroethene (PCE)
detected in soil is compared with the United States Environmental Protection
Agency (U.S. EPA), Region IX Preliminary Remediation Goals (PRGs) and
concluded that no further action is needed. U.S. EPA's PRGs are not
acceptable to DTSC. DTSC recommends a site specific health risk assessment
rather than a comparison with PRGs. In the absence of a complete
characterization of the site, your recommendation of no further action is
questionable to DTSC. Possible groundwater contamination also be evaluated
based on the depth to the upper aquifer.
3�
Ms. Chandra Slaven
April 14, 2003
Page 3 of 3
11) If during construction the project, soil and /or groundwater contamination are
suspected, construction in the area should cease and appropriate Health and
Safety procedures should be implemented. If it is determined that contaminated
soil and /or groundwater exist, the ND should identify how any required
investigation and/or remediation will be conducted, and the government agency
to provide appropriate regulatory oversight.
DTSC provides guidance for the Preliminary Endangerment Assessment (PEA)
preparation and cleanup oversight through the Voluntary Cleanup Program (VCP).
For additional information on the VCP, please visit DTSC's web site at www.dtsc.ca.gov.
if you have any questions regarding this letter, please contact Mr. Johnson P. Abraham,
Project Manager at (714) 484 -5476.
Sincerely,
Haissam Y. Salloum, P.E.
Unit Chief
Southern California Cleanup Operations Branch
Cypress Office
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812 -3044
Mr. Guenther W. Moskat, Chief
Planning and Environmental Analysis Section
CEQA Tracking Center
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812 -0806
35
EXHIBIT 4
MITIGATION MONITORING PROGRAM
3�
Mitigation Monitoring Program
ISth Street Townhomes
This monitoring program has been prepared pursuant to Public Resources Code Section 21081.6, which
requires adoption of a reporting or monitoring program for projects in which the agency has required
changes or adopted mitigation to avoid significant environmental effects. Specific reporting and/or
monitoring requirements to be enforced during project implementation must be defined prior to final
approval of the project proposal by the responsible decision maker(s).
Each required mitigation measure is listed in the table below and categorized by impact area. Mitigation
measures are also designated the phase of the project during which time the measure shall be
implemented, i.e., Pre- construction, During construction, Prior to occupancy and /or Post occupancy.
15th Street Townhomes
Measure
Date
Design, locate and arrange all new
on -site lighting so as to reflect the
light away from surrounding pre construction &During construction
residential properties and ensure that
low intensity, non - blinking lamps are
Air wuarny;:
If conventional paints and coating are
used, construction is anticipated to
create significant ROG emissions
associated with the application of
these products and mitigation is
warranted to reduce this impact to
less than significant levels.
Applicable mitigation includes the
requirement that the construction
contractor use low volatility paints and During construction
coatings as discussed below:
• All primers shall contain less
than 0.85 pound per gallon
(102 gramRiter) VOC.
• All top coats shall contain
less than 0.07 pound per
gallon (8 grams/liter) VOC
F :WSERSWLNShareffA5WAS- 2002WA2002 -250 1t1gatBCN8g_0e P.t 31
C.tfgtural'Res'eurges ,
3. If buried historical resources are
discovered during ground - disturbing
activities work will stop in that area
and within 100 feet of the find until a
qualified historian can assess the
During construction
significance of the find and, if
necessary, develop appropriate
treatment measures in consultation
with the City of Newport Beach and
other appropriate a encies.
4. If buried archaeological resources are
discovered during ground - disturbing
activities work will stop in that area
and within 100 feet of the find until a
qualified archaeologist can assess the
significance of the find and, if
During construction
necessary, develop appropriate
treatment measures in consultation
with the City of Newport Beach and
other appropriate agencies.
5. If buried paleontological resources
are discovered during ground -
disturbing activities work will stop in
that area and within 100 feet of the
find until a qualified paleontologist
can assess the significance of the find
and, if necessary, develop
During construction
appropriate treatment measures in
consultation with the City of Newport
Beach and other appropriate
agencies.
6. If any human remains are discovered
or recognized in any location other
than a dedicated cemetery, there will
be no further excavation or
disturbance of the site or any nearby
area reasonably suspected to overlie
During construction
adjacent human remains until the
coroner has been informed and has
determined that no investigation of
the cause of death is required.
7. If the remains found are of Native
American origin there will be no
further excavation or disturbance of
the site or any nearby area
reasonably suspected to overlie
adjacent human remains until the
coroner has been informed and has
During construction
determined that no investigation of
the cause of death is required. In
addition, the human remains and any
associated grave goods shall be
treated or disposed of with
appropriate dignity as provided in
Public Resources Code Section
U
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5097.98. _T
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8. All grading shall be accomplished
under the observation and testing of
the project geotechnical engineer and
engineering geologist in accordance
with the Earthwork Specifications of
Pre- construction & During construction
the Pacific Soils Engineering, Inc
Geotechnical Investigation produced
for the proposed site.
9. All loose, compressible artificial fill
and natural soils should be removed
and replaced with compacted fill. On-
site, excavated soils shall be
sampled prior to disposal. If
contaminated, on -site soils shall be
properly disposed of using Land
Disposal Restrictions as required.
In addition, all imported soils shall
be tested prior to their use to
ensure that they are free of
contamination. All fill and processed
natural ground should be compacted
to a minimum relative compaction of
Pre- construction & During construction
90% as determined by ASTM Test
Method: D- 1557 -91. Compaction shall
be achieved at slightly above the
optimum moisture content.
Compaction shall be achieved with
the use of sheepsfoot rollers or similar
kneading type equipment. Mixing and
moisture conditioning will be required
in order to achieve the required
moisture conditions.
10. After removals, scarification, and
compaction of in -place materials are
completed, additional fill may be
placed. Fill should be placed in thin
lifts (8 -inch bulk), moisture
conditioned to slightly above
During construction
optimum, compacted and tested as
grading progresses until final grades
are attained.
tElaza[ds atisEHazardous Ntaterials
11. A comprehensive asbestos survey
and a comprehensive Lead Based
Paint (LBP) survey shall be
conducted in order to determine the
pre - construction
presence or non - presence of
asbestos or lead in on -site structures.
F:% USERS \PLNShar M Ns1PM- 20021PA2002- 2WMifigabc�_Neg._DeMMPAm !b `
12. For renovation and demolition
construction activities that will disturb
asbestos- containing materials, a
qualified asbestos abatement
contractor will remove and clean the
area in accordance with SCAQMD
Pre - Construction
and California OSHA requirements
prior to commencement of
construction activities.
13. All construction contractors shall
comply with SCAQMD regulations,
including Rule 1113, which regulates
architectural coatings, and Rule 1403,
which specifies actions to control
asbestos emissions during demolition
activities. Construction contractors
During construction
shall provide documentation to the
City of Newport Beach that they will
comply with all applicable SCAQMD
regulations and the mitigation
measures.
14. For demolition or construction
activities that will disturb areas
containing lead -based paint (LBP) a
Lead Management Program shall be
prepared, and implemented, to avoid
incidental, and /or accidental
disturbance of lead -based paint. The
program shall set forth operational
and maintenance guidelines to
minimize lead exposure. Prior to
demolition, or major construction,
Pre - construction
specifications shall be property
modified to incorporate the
appropriate handling and/or removal
of lead -based paint. The Lead
Management Program shall be
submitted to the City of Newport
Beach for review prior to disturbance
of any affected areas.
15. Personal and random area air
monitoring shall be conducted during
lead removal and /or demolition.
During construction
16. Contractors shall keep debris piles
wet after demolition to prevent lead
particles from becoming airborne.
During construction
F: WSERSIPLMShamd% PA' sIPAs- 2002WA2002- 2- %UtigaleG_Neg._DedMMP.dac �"
Hu construction contractors snan
comply with precautionary measures
in accordance with the guidelines set
forth by the EPA, the Occupational
Safety and Health Administration
(OSHA) and other regulatory
agencies. Construction contractors
shall provide documentation to the
City Newport Beach that they will
comply with all applicable regulations
and mitigation measures.
materials will be remediated in
accordance with the
recommendations included in Section
3.7 of this document and conducted
by a regulatory agency that has
jurisdiction to oversee hazardous
waste cleanups. If soil and /or
groundwater locations where
spillage of fluids or contamination
from prior activities or hazardous
materials are discovered during
construction activities, these
construction activities shall be
curtailed until the area is evaluated.
Based upon the evaluation such
areas shall be remediated as
determined appropriate using Health
and Safety procedures. Removal of
petroleum contamination will also
alleviate the generation of hydrogen
sulfide and its attendant odor. Prior to
the issuance of a building permit for
new construction, the applicant must
provide evidence that no further
action regarding environmental
cleanup of the site is necessary to the
California Environmental Protection
Agency and /or the local enforcing
agencies.
rrior to me construction or any
structures, proximate soil gas testing
shall be performed to ensure that
methane or other soil gases do not
permeate the buildings. This testing
program shall be developed and
applied in consultation with SCAQMD
staff. If gaseous constituents are
found to be above regulatory levels,
the Applicant shall work with these
agencies to develop methods to
ensure that unsafe levels do not
accumulate within the proposed
structures.
During construction
Pre - construction & During construction
Pre - construction
F:% USERSIPL" hareo )PXSAPAe- 20DZPA2002- 250uriigat d_ Neg. _De MMP.doc
To ensure proper review of building
projects, the project applicant shall
contact the Cypress Office of the
DCDOG for a copy of the she- review
packet entitled, "Construction Project
Site Review and Well Abandonment Pre - construction
Procedure" that outlines the
information a project developer must
submit to the DCDOG for review.
has been removed, any abandoned
well or sump suspected to be the
source of methane emissions on the
site shall be investigated and
identified on future project maps and Pre-construction
a legible copy of the final project map
shall be submitted to DCDOG's
District Office in Cypress.
22. The source of the methane shall be
mitigated, such as through proper
abandonment or reabandonment of
the well if that is determined to be the
cause of the emissions. Further, if any
plugged and abandoned or
unrecorded wells are damaged or
uncovered during excavation or
grading, the DCDOG's Cypress office
shall be contacted to obtain
information on the requirements for Pre -construction
and approval to perform remedial
operations. Prior to the issuance of a
building permit for new construction,
the applicant must provide evidence
that no further action regarding
environmental cleanup of the site is
necessary to the DCDOG Cypress
Office and /or the local enforcing
agencies.
F: WSERSXPLMShareMPXA PAS- 200ZPA2002 -2S0 Wgaz _Neg_DedMMPAOe
23. If the source of methane emissions is
determined to be an oil sump, a plan
for removal shall be developed and
implemented. If the source of the
methane emissions cannot be
eliminated by oil well abandonment
and/or sump removal, an active
remediation system shall be imposed
upon the project. That system may
Pre-construction
include, but shall not be limited to,
methane extraction and emission
control equipment including the
placing of an adequate gas venting
system over the well should any
construction be proposed over the
well as a part of this project.
24. SECOR and the City of Newport
Beach Fire Department shall evaluate
the proposed project site and
evaluate residual emissions for active
control; these entities shall also
Pre - construction
develop and implement a methane
gas monitoring plan.
25. Passive methane controls shall be
planned into the development. These
controls shall include methane gas
barriers beneath the proposed
townhome structures; utility methane
controls; methane detectors in all
homes near higher methane
concentrations; and a building set
Pre -construction
back from the future located and re
abandoned well. These measures
shall also include other measures
established by the City of Newport
Beach Fire Department as deemed
necessary.
26. Prior to site preparation, grading or
construction of the proposed project,
the construction contractor shall
prepare a WQMP. The WQMP shall
identify the BMPS that will be used
Pre - construction
on -site to control predicable pollutant
runoff.
FAUSERSMLNk8harecRPXsAPAs- 20021PA2002 .25=tkgale0_Neg_UeWMP.tl 3
27. The applicant will obtain an NPDES
permit from the Santa Ana Regional
Water Quality Control Board
(SARWQCB) that will stipulate
permissible waste discharge
requirements (WDRs) for the
operations phase of the project. Low
phosphate fertilizers will be used in
pre - construction, During construction &
minimal amounts. The applicant will
post Occupancy
adhere to the WDRs. Water quality
and complicance oversight will be
monitored and provided by the City of
Newport Beach Planning
Departmenfs Code Enforcement
Division.
28. The Applicant shall provide forced air
ventilation to all residential units.
During construction
29. Equipment shall be equipped with
mufflers and sound control devices
(e.g., intake silencers and noise
shrouds) no less effective than those
provided on the original equipment
During construction
and no equipment shall have an
unmuffled exhaust.
30. Construction equipment shall be
maintained property and tuned -up to
minimize noise emissions.
During construction
31. Stationary source equipment (e.g.,
compressors) shall be located so as
to maintain the greatest distance from
During construction
residential dwellings.
32. All equipment servicing shall be
performed so as to maintain the
greatest distance from the dwellings.
Pre- oonstruction
33. The name and telephone number of a
contact person shall be posted on-
site,
Pre - construction & During construction
F: WSERS WLMShwediPXs1PAs- 200ZPA2002- 25MidgeWtl_Neg_Dec1MMP.dm ��
EXHIBIT 5
MINUTES FROM APRIL 17, 2003 PLANNING COMMISSION HEARING
45
City of Newport Beach
Planning Commission Minutes
April 17, 2003
INDEX
SUBJECT: Balboa Bay Club Alcohol Licensing (PA2003-064)
Item 1
1221 W. Coast Highway
PA2003 -064
Use Permit pursuant to the Alcoholic Beverage Outlet (ABO) ordinance to convert
Approved .
an existing Type 57 ABC license to a Type 47 license for the Balboa Bay Club.
Chris Procter, representing Rick Blake and Associates, attorneys for the applicant,
of 2700 North Main Street, Santa Ana noted the applicant agrees to the findings
and conditions in the staff report.
Public comment was opened.
Public comment was closed.
Motion was made by Commissioner Agajanian to approve the Use Permit No.
2003 -009 (PA2002 -064) subject to the findings and conditions of approval within
the resolution.
Ayes: Toerge, Agajanian, McDaniel, Gifford, Selich,
Absent: Kiser, Tucker
SUBJECT: City of Newport Beach (PA2003 -090
Item 2
2754 East Coast Highway
PA2003 -090
Amendment to Chapter 20.89 (Alcoholic Beverage Outlets) of the Newport Beach
Recommended for
Municipal Code to prohibit off -sale alcoholic beverage outlets from selling or
Approval
storing alcoholic beverages outside of the exterior walls of the establishment.
Public comment was opened.
Public comment was closed.
Motion was made by Commissioner Toerge to adopt Resolution No. 1595
recommending approval of Code Amendment No. 2003 -004 to the City Council.
Ayes: Toerge, Agajanian McDaniel, Gifford, Selich,
Absent: Kiser, Tucker
SUBJECT: The Olson Company (PA2002 -250)
Item 3
869 -875 West 15th Street
PA2002 -250
Request for a Vesting Tentative tract Map for the construction of a 45 -unit
Continued to
(attached) townhome project that encompasses approximately 2.52 acres in the
06/05/2003
City of Newport Beach
Planning Commission Minutes
April 17, 2003
West Newport area. Additionally, the applicant has requested a Modification
Permit for an encroachment into the required 17 -foot side yard setback.
Ms. Sloven, Assistant Planner made a slide presentation noting the following:
• Site and project vicinity map.
Townhomes of between 1,700 and 1,800 square feet are to be 3 bedrooms
with 2 -car garage.
• A gated entrance off a semicircular drive entrance from West 15th Street is
proposed.
26 guest parking spaces are provided, whereas 23 are required by Code.
• The application meets the General Plan land use as the project is
designated multi - family residential, though it is presently industrial use.
• An offer of dedication is being required for West 15th Street to be in
compliance with the Circulation Elements for right -of -way. This is based on
the future expansion of 15th St for the proposed Banning Ranch
development. The dedication is for 12 feet on the side of the project site.
The setbacks will become non - conforming and the access to the gate will
be shortened. However, staff believes this does not affect the functionality
of the site and conditions will compel redesign of the front staircases into
the front units given the 12 foot right -of -way.
• In -lieu fees are being paid in exchange for affordable housing units.
• The Residential Development Standards have been met per Chapter 20 of
the Code.
• A modification is being asked for the side yard setback of 9.6 feet due to
the building encroaching 7 feet out of the 17 foot yard.
The application meets all the findings for a vested tract map under
Chapter 19.
• A Mitigated Negative Declaration has been done that noted two issues:
the cumulative traffic analysis with less than 1 %, increase will occur with this
new project (72 trips) which is acceptable to the City, the next issue is the
abandoned oil well. Both Phase 1 and Phase 2 assessments have been
made and once the site is opened a determination will be made as the
abandoned oil well is currently under a building.
• Proposed elevations were shown with a proposed 45 unit complex.
The parking sites are open space and provide privacy, light and air and
will not be detrimental to the neighborhood.
The project site will remove a non - conforming use and implement a
residential use. The reduced setback and parking lot /open space will be
sufficient for the purposes between the town homes and the adjacent
properties and meets all the vesting tentative tract map requirements in
the Subdivision Code.
She then proceeded to go through a revised resolution with changes
necessitated for finding 3 regarding in -lieu fees; finding 4 for consistency
with Title 20 to maintain a minimum distance of 7 feet, 6 inches and 10 feet
between the town homes; Finding 7 under Vesting tract map regarding in-
lieu fees based on 45 units verbiage; under Mitigated Negative
Declaration finding 1 added comments from regulatory agencies; change
in language for in -lieu fees in conditions of approval; condition 7 given a
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City of Newport Beach
Planning Commission Minutes
April 17, 2003
choice on type of refuse collection, either private or large areas for trash
collection; and conditions 51, 60 and 64 changes per the Mitigated
Negative Declaration for the control /handling of hazardous materials.
Commissioner Selich asked the following:
• Why are we not requiring the front yard setback to be measured from the
future right of way line?
Ms. Temple answered that there is no planned program to actually
implement the Master Plan of Streets and Highways. Staff feels it is
necessary to require the offer of dedication in order to determine
compliance with the General Plan. The overall function of the project and
site plan would not be harmed if the right of way is taken. Not requiring
the additional setback could be considered as it is currently on the Master
Plan as a four lane street.
How many units would be lost if the side yard modifications were not
approved? Not approving the modification would reduce this by nine
units?
Ms. Sloven answered that a total of nine units would be lost, three on the
northwestern side and six on the southeastern side. The six units adjacent
to the boat storage facility could be moved inward to accommodate the
setback requirement. Yes.
• How many units would be lost if the front setback was measured from the
future right of way line?
Ms. Sloven answered that six would be lost. Six would have to be moved
back and the six in the middle would have to be removed to make way.
Asked for a comparison of this project to the Sailhouse project in Corona
del Mar, specifically, the density; landscape /open space area; parking;
floor area; and the area devoted to streets and driveways:
Density - this project is 18 units per acre and Sailhouse was 12 units per
acre.
Landscaping - This project is 17% of the site and for Sailhouse was
approximately 22% of the site.
Parking - This project 2 cars per garage for 45 units plus 26 guest spaces
and for Sailhouse 2 garage spaces per unit with 46 open guest spaces.
Floor area - This project 80,466 square feet (less than 1.75 times the
buildable area of the site excluding 400 square feet of garage area as
permitted in the MFR District) and Sailhouse is 193,350 square feet (30% of
the allowable square feet permitted - less than 1.75 times the buildable
area of the site, excluding 400 square feet of garage area as permitted in
the MFR District).
INDEX
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City of Newport Beach
Planning Commission Minutes
April 17, 2003
Area devoted to streets /driveways - This project is 32,800 square feet i54 %j
and the Sailhouse project is approximately 39 %.
• Asked for and received two cross sections: One through units 6/1 R and
8/2R showing driveways from centerline, unit cross sections, and open area
between units. And another one across units 18/1 and 25/1 going from
property line to property line showing the same information.
Copies of the cross sections were then referenced to the site plan for the
edification of the audience and fellow Commissioners.
• Why is this being processed as a Vesting Tentative Map? What is the
benefit to the applicant? What is the benefit to the City? What is the
difference between a regular tentative map and a vesting tentative map?
Ms. Clauson answered:
➢ The Vesting Tentative Map provisions are provided for in State Law
and have been incorporated and provided for in the City's
Subdivision Ordinance.
They require certain findings as well as findings for a regular
tentative subdivision map.
➢ The difference is that a vesting map locks in all the ordinances,
policies and standards that are in effect as of the date the
application was deemed complete by the City.
➢ Other than noticed hearings for ordinance changes or motions or
other kinds of initiations of changes, ordinances and policies and
standards, that is all you can apply to the vested map; that which
exist at the time when deemed completed. In other words, if at
the time that the application is made prior to the time that the
application is deemed complete, the City is in the process of
making changes and those are per noticed hearings for initiation,
than those can be applied, but if they do not get noticed before
hand, and the procedures are not going through and come after
the fact, then they don't apply.
➢ The additional findings that have to be made, one that it complies
with the General Plan and the other that it has to not be
dangerous related to health and safety matters, that would be a
basis for not approving the map.
➢ There is no particular benefit to the City; it is provided for in the law
and it is the developer or the applicant's decision on whether to
apply for it or not. Most of these types require a General Plan
Amendment, but in this case, the zoning is the same and did not
need to be changed.
What does the Vesting Tentative finding on page 8, 'that the site is
physically suitable for the type and density of development,' mean. Could
you elaborate on what latitude we have or don't have in making this
finding?
INDEX
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City of Newport Beach
Planning Commission Minutes
April 17, 2003
Ms. Clauson answered that finding is actually under Subdivision Map Act
for a regular tentative map, not a vesting one. Physical suitability is up to
the Planning Commission to determine the type of conditions of the site,
i.e., shape, topography, how it can be developed with the uses and the
circulation. Not in the sense of a site plan review, but more than if it could
physically be developed with the project that is being proposed.
Ms. Temple added that the Subdivision Map Act does not provide
agencies guidance as to what a definition of suitability is. Conventional
practices might say that if the General Plan and Zoning Code assign a
certain density than someone must have thought about the
appropriateness of that density. There are other variations through
development standards, notably the encroachments into the required
setbacks. Without said encroachments, you could not build the density of
the project as proposed at least not as currently designed. There is
judgment that the Planning Commission can render based on their
discussion and what is heard at the hearing as to whether that finding can
be made.
Commissioner Toerge noted that the cross sections appear that Site Section B
shows a distance between buildings of 25 feet and Site Section A shows a
distance between buildings of approximately 28 feet. However, the site plan does
not appear to be consistent and appears less in Site Section A than it is in Site
Section B, which is inconsistent with what is stated on the drawings.
Public comment was opened.
Kim Priiatel, Vice President of Development for the Olson Company stated that
she has been working on this project for approximately one year. She
complimented City staff for their hard work. She noted that Olson Company had
been in business since 1988 and has had two projects in Newport Beach. The floor
plans and elevations presented are aesthetically pleasing and meet the
standards of the Newport Beach buyers. The elevations are individualized through
color and materials. A lot of studying was done to come up with the floor plans.
She held two community meetings last summer and invited the townhome
community adjacent on Placentia and met with homeowners within a 500 foot
radius. The people who came out looked at the plans and were supportive of the
project. The civil architect and engineer are present to answer any questions of
the Planning Commission.
Jeff Chelwick, Principal in charge of multi family for William Hezmalhalch
Architects, Inc. noted that the sections noted by Commissioner Toerge are in error.
From the site plan point of view, the footage described is incorrect. He
apologized for the error and noted that it is a larger setback than what is shown
on the section and should be 33 feet and .94 inches from door to door. Site
Section A shows that the doors are recessed and is between lots 8 and b. The
width for Section B occurs at the garage drive aisle with 30 feet clearance from
INDEX
City of Newport Beach
Planning Commission Minutes
April 17, 2003
garage to garage, and 25 feet clear from the cantilever.
Alan Short, Civil Engineer stated he prepared the site plan and that the distances
are from ground level. The architects do have some cantilevered areas in the
drive alley ways that pop out up higher and encroach and that is why they show
the 25 foot dimension on the section. That will not appear on the site plan as it is
not on the ground. Site Section B the ground floor dimension is 30 feet and the
distance between bedrooms on upper stories is 25 feet. Site Section A the
approximate 28'/] feet is correct for upper stories and for down on the patio level,
the door to door dimension is about 34 feet. The actual distance between patios
is nearly 20 feet.
Commissioner Selich, referring to the landscape plan, asked how the landscape
areas are being used. What is being used and how and where is it being used?
What are the sizes of the trees?
Darin Forinsworth of FORMA answered that the open areas are planned with
enhanced paving, a low seating wall surrounded by turf and shrubs and tree
enclosures. There will be approximately 4 of these areas and are to be used for
picnic use and neighbors gathering. There are no specific tree types planned
however, there will be three or four varieties based on the Planning Commission
recommendations. The landscape plan does not necessarily reflect where the
trees will be planted. That will come at the next phase when the specific varieties
and locations and sizing are determined. This plan is only conceptual.
Jennifer Irani, resident at Newport Knolls spoke as their representative. Referring to
the site plan noted that they will be affected by this development on two sides.
Her group is concerned with moving the encroachment closer to their community
and asked about the space between the development and the residences. The
15th Street apartments are also concerned with the encroachment on that side of
the development. She asked for a lower density for this project as the street is
busy and she noted that more green belts /open space would be nice. She had
asked at one of the open meetings if the applicants could incorporate a circle
inside the development so that fire trucks and emergency vehicles could go in
through the development instead of through the back on the easement. What
does the term media area mean? We are concerned about our property values
and what will be right behind us. Traffic issues are something to also consider. She
asked for a friendly coexistence as they support the project but don't want to feel
crowded out of their residences. At Commission inquiry she noted that the boat
storage yard is not affiliated with the apartment development on the east side.
Commissioner Toerge asked how the boat storage yard was accessed and was
told that it is off Medical Lane, a small private lane,
Public comment was closed.
Commissioner Agajanian noted his concern with circulation inside the plan.
Would it be possible to bring a ring road around the perimeter of the property as
INDEX
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City of Newport Beach
Planning Commission Minutes
April 17, 2003
opposed to the central access roadway? We know that the City is interested in
low mod housing and we have an opportunity to provide for nine units. Why is it
that we have rejected the developer coming in with the low mod housing?
Mr. Edmonston answered that the circulation in the proposed project is
acceptable primarily due to the amount of traffic that would be in that dead
end, which in this case would be a very limited number and therefore would
function. It would be possible to have a perimeter ring, but that would devote
more of the property to hardscape rather than landscape and development.
Ms. Temple added that the applicant is not interested in providing that housing
on site. Staff asked that this be considered early in the process, but it was not
feasible. The main issue at the Affordable Housing Task Force was that when you
are doing a for sale project the affordable housing can be very difficult to
manage in the long term. On initial construction and sale, a developer with many
units to finance can often times find unique funding mechanisms for the
affordable units. When they are for sale units, every subsequent sale transaction is
really from one individual to the next and so those people need to work within the
confines of the affordable contract but also be able to find financing for it. It can
be quite a challenge over the long term and for those reasons, the Council
Committee thought that in this particular case it was at least a viable option to
require in -lieu fees. At Commission inquiry, she noted that it is a requirement of the
Housing Element that the issue of affordable housing be addressed in this project.
As noted in the staff report, our existing Housing Element does not authorize a
payment of in -lieu fees, however, starting with the One Ford Road project and a
couple of other subdivisions since then, the City has considered and ultimately
authorized or approved the payments of a fee in lieu of providing the housing.
We have actually produced no affordable housing units, but staff is hopeful that
With the Coastal approval the Bayview Affordable Housing site will be using a
significant amount of those fees. This housing for that project is age and income
restricted.
Commissioner Agajanion noted that with this project we can offer nine affordable
housing units for somebody under 55.
Ms. Temple answered that if the Commission decided that in order to find
conformity with the General Plan Housing Element that the units should be on site,
the policies clearly state that is the City's inclusionary program.
Commissioner Gifford asked how much money in lieu fees is unspent for
affordable housing. She was answered that it was under approximately 2 '/Z
million.
Vice Chairman McDaniel asked for clarification of the traffic and the media
center concerns brought up during earlier testimony.
Ms. Sloven answered that the referenced media center is actually on the floor
plan of some of the units, a kind of nook that stood outside the main building. It
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represents along with the fireplace about 30% of the overall building that actually
encroaches 10 feet.
Mr. Edmonton answered that the traffic study done for this project found that
there were no significant contributions to traffic based on the Traffic Phasing
Ordinance or the City's CEQA analysis that include additional future projects to
be considered by the Commission.
Ms. Temple added that the Fire Department always likes to have a secondary
way of getting out of a project and even with the larger turn- around within the
property would still want to have available access out the rear.
Commissioner Selich noted:
• This housing type is usually developed around a density of 12 units to the
acre not 18 units to the acre and that is why I asked staff to do the
calculations and comparisons.
• This is an inappropriate density for this housing type. This is more suitable to
go in for 12 units per acre.
• Looking at the comparisons, the Sailhouse project came in at 12 units per
acre with a very similar building prototype.
• My conclusion is, if they want to pursue this housing type, I think the
property is more suitable to hold 30 units rather than 45, which would bring
a lot of the other statistics into conformance with a normal 12 unit per acre
project with this type of housing. The open space would possibly remove
the need for the modifications.
• The front yard setbacks should be measured from the ultimate right of way
line of 15th Street and not as it is shown on the City's Master Plan. That is
what we make the findings for so that they are in conformance with the
City's General Plan. If the General Plan says the setback should be x
number of feet, than our setbacks should be measured from that
irrespective of whether it is dedicated now or an irrevocable offer in the
future. I don't know of many cities that allow development to go in and
not have their setbacks measured from the right of way as the streets are
shown on the Master Plan. That is why you adopt the Master Plans.
• If you eliminate the modifications and you eliminate that it brings you
down to 30 units which means 12 units per acre. It starts coming up to be
a 30 unit project for this housing type. If they want to go with stacked
condos or stacked flats or some other housing I don't have a problem with
the density, it is the fact that the housing type that is proposed is not
appropriate for this piece of property. It is too many units in too small of an
area.
• The irregular shape does not help the project.
• The applicant needs to go back and redesign the project.
Commissioner Toerge noted his concern of the density of the project particularly
with the boat storage yard. We are being asked to allow a modification to build
closer to it but I don't know how much longer that will be used for boat storage. It
is still MFR and may remain that. The request for the modification on the westerly
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property line creates concerns as well. I can not find that the site is physically
suitable for the type and density of development to satisfy the Subdivision Map
Act. I will not be supporting the project.
Commissioner Agajanian noted his support of the project in that it is a good
transition over to residential uses, but concurs with the previous testimony that this
housing type is too dense for what is there now. We can try to eliminate some of
those setbacks then there would not be a problem at all. It is a valuable project
but there are too many units.
Commissioner Gifford noted she concurs with the previous testimony adding that
the Sailhouse project seems dense as it is and she could not make the finding that
is required about the suitability of the location.
Vice Chairman McDaniel stated that this proposal is not going to make it tonight.
He asked if the applicant would like to continue this to another time and bring it
back with some changes that the Commissioners have suggested. He asked the
applicant, do you want us to vote on it or continue it?
Ms. Pnjatel answered that she has reasons for the way they designed the project
the way they did and ended by requesting this item be continued.
Vice Chairman McDaniel noted that the Commission has spoken on what they
believe they would be willing to approve. 30 units is more like what they are
interested in approving.
Motion was made by Commissioner Selich to continue this item to June 5, 2003.
Ayes: Toerge, Agajanian, McDaniel, Gifford, Selich
Absent: Kiser, Tucker
ADDITIONAL BUSINESS:
a) City Council Follow -up - Ms. Temple noted that the City Council on March
25th, adopted Code Amendment 2002 -007 regarding Landmark Buildings;
and approved both positions to the Planning Department in this budget year
b) Oral report from Planning Commission's representative to the Economic
Development Committee - no report as Commissioner Selich had been
excused from the meeting.
c) Report from Planning Commission's representatives to the General Plan
Update Committee - Commissioner Toerge noted that the traffic study
had been presented. At the next meeting, the economic model report will
be presented as well as some revisions to traffic model executive summary
previously reviewed based on comments from GPAC and GPUC.
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INDEX
Additional Business
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