HomeMy WebLinkAbout1921 - RECOMMEND ADOPTION OF MND ND2013-001, APPROVAL OF GP2012-005, LC2013-001, CA2012-008, SD2013-001, AND NT2013-001 - 3303 AND 335 VIA LIDORESOLUTION NO. 1921
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO. ND2013 -001, APPROVAL OF
GENERAL PLAN AMENDMENT NO. GP2012 -005,
COASTAL LAND USE PLAN AMENDMENT NO. LC2013-
001, ZONING CODE AMENDMENT NO. CA2012 -008, SITE
DEVLOPMENT REVIEW NO. SD2013 -001, AND
TENTATIVE TRACT MAP NO. NT2013 -001 FOR
PROPERTIES LOCATED AT 3303 AND 3355 VIA LIDO
(PA2012 -146)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by DART Development Group, with respect to property
located at 3303 and 3355 Via Lido, and legally described as Lots 1201 to 1204
together with that portion of the adjoining alley of Tract 907, as shown on the map
recorded in Book 28, Pages 25 to 36, inclusive, of Miscellaneous Maps, records of
Orange County, California, together with that portion of Lots 4 and 5 of Tract 1117, in
the city of Newport Beach, County of Orange, State of California, as shown on a map
recorded in Book 35, Page 48 of Miscellaneous Maps, records of Orange County,
California, together with a portion of the 20 foot alley adjoining said Lots 4 and 5 as
abandoned by resolution of the City Council of Newport Beach on February 4, 1946, a
certified copy of said resolution being recorded March 11, 1946 in Book 1400, Page
149 of Official Records, requesting approval of a General Plan amendment (GPA),
Coastal Land Use Plan (CLUP) amendment, Zoning Code amendment, site
development review, and tentative tract map.
2. The proposed project consists of the demolition of a 3 -story commercial building, a
single -story church building (First Church of Christ, Scientist), and a 56 -space
surface parking lot to accommodate the development of 23 townhouse -style multi-
family condominium units on a combined 1.2 acre site.
3. The General Plan Land Use Element category of the subject property at 3303 Via Lido
is Private Institutions (PI, 0.75 FAR). The General Plan Land Use Element category of
the subject property at 3355 Via Lido is Multiple -Unit Residential (RM, 20 du /ac).
4. The requested change of the General Plan designation of 3303 Via Lido is from
Private Institutions (PI, 0.75 FAR) to Multiple -Unit Residential (RM, 20 du /ac) (General
Plan Amendment No. GP2012 -005).
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5. Council Policy A -18 requires that proposed General Plan amendments be reviewed
to determine if a vote of the electorate would be required pursuant to Section 423 of
the City Charter. If a General Plan Amendment (separately or cumulatively with
other GPA's within the previous 10 years) generates more than 100 peak hour trips
(AM or PM), adds 40,000 square feet of non - residential floor area, or adds more
than 100 dwelling units in a statistical area, a vote of the electorate would be
required if the City Council approves the GPA.
6. This is the fourth General Plan Amendment that affects Statistical Area 85 since the
General Plan update in 2006. The amendment results in seven additional dwelling
units and there is no change in square- footage of non - residential floor area. The
seven additional units result in an overall decrease in a.m. and p.m. peak hour trips
based on the residential /condominium townhouse trip rates provided in Council
Policy A -18. Including 80 percent of prior General Plan amendments results in a
total increase of 16,275 square feet of nonresidential floor area, 49 a.m. peak hour
trips, 65 p.m. peak hour trips, and nine residential dwelling units for Statistical Area
B5. As none of the thresholds specified by Charter Section 423 are exceeded, no
vote of the electorate is required if the City Council chooses to approve General
Plan Amendment No. GP2012 -005.
7. The subject property is located within the coastal zone. The Coastal Land Use Plan
category of 3303 Via Lido is Private Institutions (PI -B) and the Coastal Land Use Plan
category of 3355 Via Lido is Multiple -Unit Residential (RM -D).
8. The requested change to the Coastal Land Use category is consistent with the
recommended General Plan Amendment for 3303 Via Lido from Private Institutions
(PI -B) to Multiple -Unit Residential (RM -D). The CLUP amendment (LC2013 -001) will
not become effective until the amendment to the Coastal Land Use Plan is approved
by the Coastal Commission.
9. The Zoning designation of 3303 Via Lido is Private Institutions (PI, 0.75 FAR) and the
Zoning designation of 3355 Via Lido is Multi -Unit Residential (RM, 2178).
10. The requested change of the Zoning District designations for both portions of the
project site are to the PC- Planned Community Zoning District (Zoning Code
Amendment No. CA2012 -008). The application includes the adoption of the Lido Villas
Planned Community that will provide land use and development standards for the
construction and operation of a 23 -unit condominium development. A waiver of the 10
acre (developed) minimum site area is requested as part of the establishment of the
PC Zoning District. The resulting density under the PC Zoning District would be
equivalent to the density allowed under the RM 2178 designation and would allow for
a maximum of 23 dwelling units on -site (20 dwelling units per acre).
11. An informational meeting was held on August 22, 2013, in the City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach
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Municipal Code. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this meeting.
12. A public hearing was held on September 5, 2013, in the City Hall Council Chambers,
100 Civic Center Drive, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment
period beginning on July 12, 2013, and ending on August 13, 2013. The
environmental document and comments on the document were considered by
the Planning Commission in its review of the proposed project.
3. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program are attached as Exhibits "A" and "B ", respectively. The documents and
all material, which constitute the record upon which this decision was based, are
on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport
Beach, California.
4. On the basis of the entire environmental review record, the proposed project,
with mitigation measures, 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
anticipated in connection with the project. The mitigation measures identified and
incorporated in the Mitigation Monitoring and Reporting Program are feasible and
will reduce the potential environmental impacts to a less than significant level.
SECTION 3. REQUIRED FINDINGS.
1. Amendments to the General Plan, Coastal Land Use Plan, and Zoning Code are
legislative acts and neither the City nor State Planning Law set forth any required
findings for either approval or denial of such amendments. However,
amendments of the Coastal Land Use Plan must be found consistent with the
Coastal Act to be certified by the California Coastal Commission.
2. The requested GPA and resulting land use change is compatible with the existing
surrounding uses and planned land uses identified by the General Plan because
the project would introduce residential land uses on a property that abuts 3355
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Via Lido, which is already designated for residential land use. Additionally, the
proposed amendment from PI to RM will be compatible with adjacent residential
properties to the east, religious institutional use to the south, and commercial
uses to the west. 3355 Via Lido is an unusually shaped parcel and the proposed
amendment will create a larger shaped parcel making development more
efficient. The Lido Village Subarea has been characterized by underperforming
retail uses within the past decade and additional residential units would support
commercial properties within the area.
3. The requested GPA from PI to RM does not eliminate existing or future land uses
to the overall detriment of the community given the site's small size, location, and
surrounding uses. The site is developed with buildings designed for a religious
institution and the site does not provide adequate parking and is reliant upon off -
site and public street parking. Maintaining the site's PI land use designation
would maintain the existing religious institutional use, which is not considered a
traditional visitor — serving use, and maintain the inadequate parking arrangement.
The existing buildings would require extensive alterations to accommodate other
potential visitor - serving uses or other institutional uses under the existing PI land
use designation.
4. The requested GPA and resulting land use change is consistent with other
applicable land use policies of the General Plan. Consistent with General Plan
Policy 6.9.1 (Priority Uses) for Lido Village, the project site is located in an area
of Lido Village where multi - family uses are planned and encouraged. The size,
density and character of the proposed dwelling units complement the existing
land uses in the project area and include design elements consistent with Land
Use Element Policy 5.1.9 (Character and Quality of Multi- Family Residential) that
require multi - family dwellings to be designed to convey a high quality
architectural character. Consistent with General Plan Policy LU 6.2.1 (Residential
Supply), the provision of 23 townhomes on the site would help the City meet its
regional housing needs.
5. The requested CLUP amendment is necessary to maintain consistency with the
recommended GPA. The CLUP amendment is consistent with other applicable
policies of the CLUP related to land use, public access, and resource protection.
The project would not limit the potential to place coastal - development and
coastal - related land uses within Lido Village given the site's location and existing
adjacent and planned uses. The site is separated from Newport Bay by Via Lido
and private development and the majority of the site is designated for residential
use. The site is also separated from nearby commercial uses by public roadways
with the exception of the small commercial property to the north of the project
site. The site does not provide public access to the coast and development will
reduce demand for public parking with the elimination of the existing religious
institutional use that does not provide off - street parking. The proposed Planned
Community (PC) Zoning would apply appropriate site and project specific
setbacks and height limits to the project site given the site's urban location and
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all required parking is provided on -site. The site is fully developed and does not
support any natural resources and all potential environmental impacts associated
with the project are appropriately addressed through standard building permit
procedures and the mitigation measures identified in the Mitigated Negative
Declaration.
6. The requested Zoning Code Amendment to establish a Planned Community
Development Plan will provide appropriate land use regulations and development
standards ensuring that the project will meet the goals, objectives, and policies of
the General Plan, CLUP, and purpose of the PC district. Despite the requirement
that PC's be 10 acres to take advantage of larger -scale comprehensive planning,
the 1.2 -acre Lido Villas Planned Community provides for a coordinated and
comprehensive project establishing an urban standard more consistent with the
project's location within the larger commercial and mixed -use Lido Village area.
The Multiple -Unit Residential (RM) development standards reflect a suburban
standard and establishing urban standards through a Planned Community are
necessary in order to better integrate the proposed project with the surrounding
area. Larger scale, comprehensive planning for Lido Village has been
accomplished through the recently approved Lido Village Design Guidelines, and
thus, a waiver of the 10 acre area requirement for the establishment of a Planned
Community is appropriate for the proposed project under these circumstances.
7. The future development of the property affected by the proposed amendments
will be consistent with the goals and policies of the Land Use Element of the
General Plan and the Coastal Land Use Plan; and will be consistent with the
purpose and intent of the proposed Lido Villas Planned Community (PC) Zoning
District of the Newport Beach Municipal Code.
Site Development Review
A site development review is required for the construction of five or more residential
units processed in conjunction with a tentative tract map. The site development review
analyzes the project as a whole for compatibility with the site and surrounding land
uses. In accordance with Section 20.52.080 (Site Development Review) of the Zoning
Code, the following findings and facts in support of a site development review are set
forth:
Finding:
A. Allowed within the subject Zoning district;
Facts in Support of Finding:
A -1. The proposed Site Development Review for a 23 -unit condominium project is
consistent with the proposed Lido Villas Planned Community that would allow 23
residential units.
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Finding:
B. In compliance with all of the applicable criteria (below];
a. Compliance with this Section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related
to the use or structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
development; and whether the relationship is based on standards of good
design;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and
the use of water efficient plant and irrigation materials; and
f. The protection of significant views from public right(s) -of -way and
compliance with Section 20.30. 100 (Public View Protections); and
Facts in Support of Finding:
B -1. Refer to facts 1 through 7 under Required Findings, above that discuss the
project's consistency with the proposed Multiple -Unit Residential (RM) General
Plan land use designation, RM -D Coastal Land Use Plan category, and the Lido
Village Planned Community (PC) Zoning District.
B -2. The project has been designed as 23, 3 -story units within five building structures
and provides for effective private open space, light, and air for each unit. The
project is integrated as a unified development through the use of similar
architectural style and design elements, shared use of parking, and internal
pedestrian circulation.
B -3. Access to the site, on -site circulation, and parking areas are designed to provide
standard -sized parking spaces, 26- foot -wide, two -way driveways, and the
minimum vehicle turning radius to accommodate and provide safe access for
residents and guests (including the disabled), emergency vehicles, delivery
trucks, and refuse collections vehicles, as determined by the City Traffic
Engineer.
B -4. The front setbacks along each street frontage are appropriate to support
pedestrian connectivity within Lido Village and each dwelling unit provides
separate and well- defined entries.
B -5. Mechanical equipment for the residential units has been located within
enclosures at the roof deck level to reduce noise impacts and the enclosures will
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provide effective screening below the roof deck parapet level to minimize
aesthetic impacts.
B -6. The project has been designed to avoid conflicts among uses, such as noise,
vibration, lighting, odors, and similar impacts. A 6 -foot block wall provides a
buffer between the proposed residential units and the existing commercial units
to the north of the project site and is designed to maintain privacy and protection
for the residential tenants.
B -7. The height, bulk, and scale of the residential units are comparable to the existing
35- foot -high commercial building on -site at 3355 Via Lido. Each dwelling unit is
designed to provide variation and modulation between building units and along
the rooflines for visual interest. The front facades include both vertical and
horizontal off -sets and utilize a variation of building materials to provide
enhanced visual relief. The massing of the project is broken up into five separate
buildings, which vary in size and placement throughout the project site breaking
up building massing.
B -8. The proposed project is consistent with the Lido Village Design Guidelines. The
proposed project combines coastal and modern architectural styles into the
residential project in a way that is conscious of coastal living lifestyles and
provides a modern loft style reminiscent of the historic coastal warehouses found
in adjacent Cannery Village. The residential units provide separate and well -
defined entries. All residential units are oriented toward adjacent streets to
maximize the pedestrian relationship of the development to the surrounding Lido
Village area. The greater setback of the lower level affords a covered porch and
the reduced setback at the second level creates a greater interface with the
adjacent rights -of -way to ensure compatibility with the pedestrian environment.
B -9. The proposed units are appropriate in relationship to existing and adjacent
development in the area. The unified design theme of the residential units
provides for an architectural pattern with the mixed -use structure at 3388 Via
Lido to the northeast and historic coastal warehouses located further to the south
in Cannery Village.
B -10. The units are oriented toward the adjacent right -of -way to support pedestrian
connections in the Lido Village Subarea. Walkways and egress are sufficient
throughout the site as reviewed by the Building Division and the City Traffic
Engineer.
B -11. The project provides 46 residential parking spaces, and 12 residential guest
parking spaces, which can be provided entirely on -site. Each residential unit will
be afforded a private enclosed two -car garage with direct interior access to their
units. All guest parking spaces are provided in the surface parking areas.
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B -12. The project would relocate three on- street parking spaces along Via Malaga,
resulting in no net change in the 30 total on- street parking spaces currently
provided.
B -13. The site design provides only two curb cuts with ingress and egress access from
Via Oporto and Via Malaga to minimize potential conflicts with use of the streets.
The project provides adequate sight distance at each driveway, as determined by
the City Traffic Engineer.
B -14. The parking area complies with the landscape parking lot requirements of NBMC
Sec. 20.40.070.D.3 (Development Standards for Parking Areas) and includes
adequate and effective use of ground cover, hedges, and shade trees.
Landscaping is provided throughout the site in areas that are not utilized by the
existing units or areas for parking circulation. All setback areas are landscaped.
A variation of ornamental groundcover, vines, shrubs, and trees are utilized to
help soften and buffer the massing of the condominium units.
8 -15. New street trees will be provided along all three street frontages adjacent to Via
Lido, Via Malaga, and Via Oporto.
B -16. The project is subject to the City's Water- Efficient Landscape Ordinance
(Chapter 14.17 of NBMC) and compliance will be confirmed at plan check prior to
issuing building permits.
B -17. The proposed residential development provides a series of common outdoor
living areas that includes open plazas and landscaped seating areas between the
residential buildings. Additionally, a water feature is proposed at the corner of Via
Lido and Via Malaga. Each unit is afforded a covered porch area and
landscaping, private outdoor living space in the form of large balconies, and
private roof decks.
B -18. The site is visible from two key vantage points identified by the General Plan.
However, these vantage points are oriented toward water views of Newport Bay.
The urban view from these vantage points will not be changed significantly but
rather will be improved by replacement of an uninspiring commercial building with
a new modern coastal development. The portion of Via Lido, Via Oporto, and Via
Malaga, on which the project is located, are not designated as coastal view roads
and do not provide coastal views requiring public view protection.
Finding:
C. The proposed development is not detrimental to the harmonious and orderly
growth of the City, or endanger jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons
residing or working in the neighborhood of the proposed development.
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Facts in Support of Finding:
C -1. The residential project has been designed to ensure that potential conflicts with
surrounding land uses are minimized to the extent possible to maintain a healthy
environment for both businesses and residents by limiting access points and
providing an architecturally pleasing project with articulation and building
modulations to enhance the urban environment consistent with the Lido Village
Design Guidelines.
C -2. The proposed surface parking lot has been designed to accommodate and
provide safe access for emergency vehicles, delivery trucks, and refuse
collection vehicles, as determined by the City Traffic Engineer. The size, design,
location, and screening of the refuse enclosures will comply with the
requirements of NBMC Sec. 20.30.120 (Solid Waste & Recyclable Materials
Storage) ensuring compatibility with the on -site and adjacent uses. Adequate
access to individual refuse containers would be provided through each individual
unit.
C -3. Noise and visual impacts with the adjacent commercial property to the north
would be minimized due to the 6 -foot block wall, and landscaping.
C -4. The project is subject to the City's Outdoor Lighting requirements contained
within Section 20.30.070 of the Zoning Code.
C -5. Roof -top mechanical equipment for each unit would be fully enclosed within an
equipment screen and would not be visible from the right -of -way.
C -6. The new construction will comply with all Building, Public Works, and Fire Codes.
All ordinances of the City and all conditions of approval will be complied with.
Tentative Tract Map
A tentative tract map is requested for residential condominium purposes, to create 23
condominium units. The map would also serve to consolidate six parcels and portions of
adjacent vacated alleys into one lot. In accordance with Section 19.12.070 (Required
Findings for Action on Tentative Maps) of the Newport Beach Municipal Code, the
following findings and facts in support of a tentative tract map are set forth:
Fin" ding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
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Facts in Support of Finding:
A -1. Refer to facts 1 through 4 under Required Findings, above, that discuss the
project's consistency with the proposed Multiple -Unit Residential (RM) General
Plan land use designation.
A -2. The Tentative Tract Map provides for the development of a cohesive planned
community with a pattern of building orientations and vehicle circulation that
provide a pedestrian - friendly environment with strong connectivity to adjacent
commercial and office areas.
A -3. The Public Works Department has reviewed the proposed tentative map and
found it consistent with the Newport Beach Subdivision Code (Title 19) and
applicable requirements of the Subdivision Map Act.
A -4. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The site is relatively flat and based on the Geotechnical Engineering Services
Report prepared by Professional Service Industries, Inc. on August 24, 2012, the
site is safe and suitable for development. The site is located within the Orange
County coastal plain and underlain by Quaternary alluvial and fluvial sedimentary
deposits and the area of the subject site is considered seismically active.
Groundwater was measured at approximately 5feet below existing grade on -site.
The Geotechnical Report prepared for the project site indicates the near surface
soils have a very low expansion potential. The Geotechnical Report identified the
following issues that will affect the construction of the development: surface and
subsurface disturbance during clearing and demolition, shallow groundwater,
potentially liquefiable soils, and soft soil deposits which will require the use of a
deep foundation system. A deep foundation system is also recommended to
address the presence of soft compressible soils and the shallow water table of the
project site. The Geotechnical Report provides additional recommendations for
construction of the proposed project to ensure the suitability for the proposed
development that will be required for construction.
B -2. The 1.2 acre site is large enough to accommodate 23 units while providing
sufficient landscape setback and open space areas as well as vehicle access and
guest parking areas that meet applicable standards. The existing developed site is
devoid of natural resources and it is located in an area that provides adequate
access to roadways and utilities.
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B -3. The General Plan estimates that future traffic noise exposure will be 60 dB CNEL
to the nearest residential facades to Via Lido and identifies that residential uses
are clearly compatible or normally compatible with the 60 dB CNEL. With
appropriate noise control measures under conventional construction and design
of the proposed project (e.g., closed windows, fresh air supply systems or air
conditioning), the interior noise levels would comply with the City and State
interior noise standard of 45 dB CNEL for residential units.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure
fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision - making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding:
C -1. Under existing conditions, the project site and surrounding land areas are fully
developed with urban uses and do not contain sensitive biological resources. The
vegetation that occurs on -site is ornamental in nature, including trees and
ornamental shrubs, groundcover, and vines growing on the existing building's
facades and screen walls.
C -2. No drainages traverse the property and no potential jurisdictional waters or
wetlands areas are present on or immediately adjacent to the site.
C -3. A Mitigated Negative Declaration (MND) was prepared for the proposed project and
impacts to biological resources were not identified in the initial study analysis. Thus,
mitigation measures for biological resources are not required to ensure the
protection of fish, wildlife, or their habitat. On the basis of the entire environmental
review record, the proposed Project will have a less than significant impact upon
the environment with the incorporation of mitigation measures for air quality,
cultural resources, and hazards & hazardous materials. The mitigation measures
identified in the MND are feasible and reduce potential environmental impacts to
a less than significant level. The mitigation measures would be applied to the
Project through the Mitigation, Monitoring and Reporting Program.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
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Facts in Support of Finding:
D -1. At full build -out, the residential project will decrease Green House Gas ( "GHG ")
emissions when compared to existing uses, as documented in the MND.
D -2. Mitigation measures identified in the MND reduce potential impacts associated
with air quality, cultural resources, hazards & hazardous materials to a level that
is less than significant.
D -3. No evidence is known to exist that would indicate that the planned subdivision
pattern will generate any serious public health problems.
D -4. All construction for the project will comply with Building, Public Works, and Fire
Codes. Public improvements will be required of the developer per Section 19.28.10
of the Municipal Code and Section 66411 of the Subdivision Map Act. All
ordinances of the City and all Conditions of Approval will be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the decision- making
body may approve a map if it finds that alternate easements, for access or for
use, will be provided and that these easements will be substantially equivalent to
ones previously acquired by the public. This finding shall apply only to
easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or
use of property within a subdivision.
Facts in Support of Finding:
E -1. Public improvements, consisting of retrofitted curb drains, roadway surfacing
along Via Malaga and Via Oporto, and ADA curb ramps along the Via Lido, Via
Malaga, and Via Oporto frontages will be required of the applicant per the
Municipal Code and the Subdivision Map Act. Each residential unit would be
required to provide separate sewer and water connections to a new main within
the project site that will connect to an existing main in Via Lido.
E -2. Existing sewer and utilities easements on -site would be abandoned as part of the
tract map. The tract map will establish new emergency access easements and
utility easements to accommodate the location of new structures as part of the
development. The design of the development will not conflict with any easements
acquired by the public at large for access through or use of property within the
proposed development.
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Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the California
Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or
the subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding;
F -1. The project site does not contain prime farmland, unique farmland, or farmland of
statewide importance and no portion of the Project site is covered by a
Williamson Act contract.
Finding:
G. That, in the case of a "land project' as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific plan
for the area to be included within the land project; and (b) the decision - making
body finds that the proposed land project is consistent with the specific plan for
the area.
Facts in Support of Finding:
G -1. The project site is not considered a "land project' as previously defined in Section
11000.5 of the California Business and Professions Code because the project
site does not contain 50 or more parcels of land nor is it located within the
boundaries of a specific plan.
Finding:
H. That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
Subdivision Map Act.
Facts in Support of Finding:
H -1. The proposed Tentative Tract Map and improvements are subject to Title 24 of
the California Building Code that requires new construction to meet minimum
heating and cooling efficiency standards depending on location and climate. The
Newport Beach Community Development Department enforces Title 24
compliance through the plan check and inspection process.
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Finding:
L That the subdivision is consistent with Section 66412.3 of the Subdivision Map
Act and Section 65584 of the California Government Code regarding the City's
share of the regional housing need and that it balances the housing needs of the
region against the public service needs of the City's residents and available fiscal
and environmental resources.
Facts in Support of Finding:
1 -1. There are no existing dwelling units on the project site. Rather the proposed
project includes the construction of 23 new condominium units to contribute to
the City's share of the regional housing need, 7 units above what is planned for
within the General Plan. The applicant will be responsible for the payment of
appropriate fair share, housing in -lieu, and park fees for the development of
these new dwelling units as conditions of approval.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed by
the Regional Water Quality Control Board.
Facts in Support of Finding:
J -1. A National Pollutant Discharge Elimination System ( NPDES) permit is required
from the Regional Water Quality Control Board (RWQCB) for the proposed
construction activities. A permit is required for all construction activities that include
clearing, grading, and /or excavation that disturb at least one acre of total land area.
Additionally, a Water Quality Management Plan (WQMP) has been prepared,
pursuant to the requirements of the NPDES permit.
J -2. Compliance with the NPDES permit and the Santa Ana River Basin Water
Quality Control Program involves the preparation and implementation of a
Stormwater Pollution Prevention Plan (SWPPP) for construction - related
activities, which would specify the Best Management Practices (BMP's) that the
project would be required to implement during construction activities to ensure
that all potential pollutants of concern (including sediment) are prevented,
minimized, and /or otherwise appropriately treated prior to being discharged from
the subject property.
J -3. Sewer connections have been conditioned to be installed per City Standards, the
applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the
latest revision of the Uniform Plumbing Code.
TmpIC 05/1612012
Planning Commission Resolution No. 1921
Paae 15 of 32
J -4. There is adequate sewer system capacity to serve the requirements of the
proposed Project. The proposed Project would be able to tie into the existing
sewer system without adversely affecting the system, causing any water quality
affects, or violating existing requirements prescribed by the Regional Water
Quality Control Board. Wastewater from the project will be generated by
residential build -out. There will be a reduction in wastewater from the site with
the demolition of the existing commercial building and construction of the
proposed dwelling units.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
Facts in Support of Finding:
K -1. The project site is located within the Coastal Zone. The applicant is requesting a
Coastal Land Use Plan amendment for the parcel at 3303 Via Lido to
accommodate the proposed development. The land use amendment and
subsequent coastal development permit (CDP) requests will be reviewed by the
California Coastal Commission following City Council approval of the proposed
project.. The proposed RM -D land use category does not significantly reduce
opportunities for coastal - related, coastal- dependant, or visitor - serving land uses
in the Lido Village neighborhood. The project is consistent with the proposed
Multiple -Unit Residential (RM -D) Coastal Land Use Plan land use amendment for
3303 Via Lido. Coastal access is not inhibited as the project site is an inland
parcel and is not designated for present or future horizontal or lateral coastal
access.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Mitigated Negative Declaration No. ND2013 -001 as
depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in
Exhibit "B" of this resolution.
2. The Planning Commission hereby recommends that the City Council of the City
of Newport Beach approve General Plan Amendment No. GP2012 -005 as
depicted in Exhibit "C ", changing the land use designation of 3303 Via Lido from
Private Institutions (PI) to Multiple -Unit Residential (RM, 20 du /ac)
TmpIL 05/16/2012
Planning Commission Resolution No. 1921
Page 16 of 32
The Planning Commission hereby recommends that the City Council of the City
of Newport Beach approve Coastal Land Use Plan Amendment No. LC2013 -001
as depicted in Exhibit "D ", changing the land use designation from Private
Institutions (PI -B) to Multiple -Unit Residential (RM -D).
The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of Zoning Code Amendment No. CA2012 -008 as depicted in
Exhibit "E ", changing the Zoning designation of 3303 Via Lido from PI (Private
Institutions) to PC (Planned Community) and changing 3355 Via Lido from RM,
2178 (Multi -Unit Residential) to PC, waiving the 10 acre minimum PC area
requirement, and adopting the Lido Villas Planned Community Text as set forth in
Exhibit "E ".
5. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of Site Development Review No. SR2013 -001 and Tentative Tract
Map No. NT2013 -001, subject to the conditions of approval set forth in Exhibit "F.
PASSED, APPROVED AND ADOPTED THIS 5th DAY OF SEPTEMBER, 2013.
AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
NOES: None
ABSTAIN: None
Tmplt: 05/16/2012
Planning Commission Resolution No. 1921
Page 17 of 32
Exhibit "A"
Mitigated Negative Declaration
MND SCH No. 2010071050
(Available separate due to bulk)
http:// www. newnortbeachca .eov /index.asvx ?oaee =134'7
Tmpit: 05116/2012
Planning Commission Resolution No. 1921
Page 18 of 32
Mitigation Monitoring Report Program
Tmpll: 65/16/2012
®®
®o Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
6.0 Mitigation Monitoring and Reporting Program
AFTER EVEL OF
NG PARTY
MITIGATION
Air Quality
Threshold 4: During
MM AQ -1 Prior to grading permit issuance, the City
Project Applicant,
Prior to grading
Less than Significant
construction of the proposed
shall verify that the following notes are
Construction Contractor
permit issuance,
Project, maximum daily
included on the grading plan. Project
/ City of Newport Beach
prior to
combined emissions for. PMT,
contractors shall be required to ensure
Building Division
commencement of
and PM, emissions have the
compliance with the notes and permit
construction and
potential to exceed the LSTs
periodic inspection of the construction
during construction
before application of best
site by City of Newport Beach staff to
management practices and
confirm compliance. These notes also
mitigation measures.
shall be specified in bid documents issued
to perspective construction contractors.
The following notes shall be included on
the grading plan and in construction bid
documents to implement SCAQMD Rule
403:
• The construction contractor shall
ensure that all disturbed unpaved
roads and disturbed areas within the
Project site are watered at least
three (3) times daily during dry
weather. Watering, with complete
coverage of disturbed areas, shall
occur at least three (3) times a day,
preferably in the midmorning,
afternoon, and after work is done for
the day.
• The construction contractor shall
ensure that all construction vehicles
hauling earth materials or demolition
debris use covers on any material to
prevent the emission of dust during
material transport
• Disturbed areas shall be replanted as
Lido Villas Residential Development July 12, 2013
Lead Agency: City of Newport Beach Page 6 -1
No
®❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program
M
• s
IMJTIGATIONMEASUR.
RESPONSIBLE PARTY/
MONITORING
IMPLEJ�iENTATION
soon as practical following grading, if
such areas will not immediately be
paved or covered with buildings.
• The contractor shall ensure that
traffic speeds on all unpaved surfaces
of the Project site are reduced to 15
miles per hour or less.
MM AQ -2 Prior to grading permit issuance, the City
Project Applicant,
Prior to grading
shall verify that a note is included on the
Construction Contractor
permit issuance,
grading plan requiring a sign be posted
/ City of Newport Beach
prior to
on -site chat restricts the idling of diesel
Building Division
commencement of
engines to less than five minutes. The
construction and
sign shall be installed before construction
during construction
activities commence and remain in place
during the duration of construction
activities. Project contractors shall be
required to ensure compliance with idling
restriction and permit periodic inspection
of the construction site by City of
Newport Beach staff to confirm
compliance.. The idling restriction also
shall be specified in bid documents issued
to prospective construction contractors.
Cultural Resources
Threshold 2: Although unlikely,
MM CR -I Prior to the issuance of grading permits,
Project Applicant,
Prior to issuance of
Less than Significant
there is a remote possibility that
the City shall verify that the following
Construction Contractor
grading permits and
archaeological resources could
note is included on the grading plan(s).
and (if required) Project
during grading
be encountered during site
Archaeologist / City of
grading activities.
"if suspected archaeological resources are
Newport Beach Building
encountered during ground- disturbing
Division and Planning
construction activities, the construction
Division
contractor shall temporarily halt work in a
100 -foot radius around the find until a
qualified archaeologist can be called to the
site to assess the significance of the find,
Lido Villas Residential Development July 12, 2013
Lead Agency: City of Newport Beach Page 6 -2
NO
❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program
o s
e
s
MONITORING
ON
OF
MITIGATION
and, if necessary, develop appropriate
treatment measures in consultation with
the City of Newport Beach."
The grading contractor shall be
responsible for complying with the note.
If the archaeologist determines that the
find does not meet the CEQA standards
of cultural significance, construction shall
be permitted to proceed. However, if the
archaeologist determines thac further
information is needed to evaluate
significance, the City of Newport Beach
shall be notified and a data recovery plan
shall be prepared in consultation with the
City, which may include the
implementation of a Phase II and /or III
archaeological investigation per City
guidelines. All significant cultural
resources recovered shall be
documented on California Department of
Parks and Recreation Site Forms to be
filed with the California Historical
Resources Information System South
Central Coastal Information Center
(CHRIS- SCCIC). The archaeologist shall
incorporate analysis and interpretation of
any significant find(s) into a. final Phase IV
report that identifies the level of
significance pursuant to Public Resources
Code § 21083.2(G). The Project
Applicant, in consultation with the
archaeologist and the City; shall designate
repositories in the event that resources
are recovered.
Threshold 3: Although unlikely,
MM CR -2 Prior to the issuance of grading permits,
Project Applicant,
Prior to issuance of
Less than Significant
Lido Villas Residential Development July 12, 2013
Lead Agency: City of Newport Beach Page 6 -3
Mitigated Negative Declaration
6.0 Mitigation Monitoring and Reporting Program
o •
e
•
RESPNSIBLE
MONITORING
e
LEVEL OF
there is a remote possibility that
the City shall verify that the following
Construction
grading permits and
paleontological resources could
note is included on the grading plan(s).
Contractor, and (if
during grading
be encountered during site
required) Project
grading activities.
"if suspected paleontological resources
Archaeologist / City of
(fossils) are encountered during ground-
Newport Beach Building
disturbing construction activities, the
Division and Planning
construction contractor shall temporarily
Division
halt ground - disturbing activities within 100
feet of the find until a qualified
paleontologist can be called to the site to
assess the significance of the find, and, if
necessary, develop appropriate treatment
measures in consultation with the City of
Newport Beach."
The grading contractor shall be
responsible for complying with the note.
At the paleontologist's discretion, the
construction contractor may assist in
removing rock samples for initial
processing. If the paleontologist
determines that the find is not unique,
construction shall be permitted to
proceed. However, if the paleontologist
determines that further information is
needed to evaluate significance, the City
of Newport Beach shall be notified and a
treatment plan shall be prepared and
implemented in consultation with the
City to protect the identified
paleontological resource(s) from damage
and destruction.
HozardslHozordous Materials
Threshold I and 2: The existing
MM HM -1 The City of Newport Beach shall
Project Applicant,
Prior to issuance of
Less than Significant
buildings on the site that would
condition all demolition permits to
Construction
demolition permits
be demolished as part of the
comply with South Coast Air Quality
Contractor, Asbestos-
and during
Lido Villas Residential Development July 12, 2013
Lead Agency: City of Newport Beach Page 6 -4
®®
®❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program
• •
MITIGATION
REsPoNsisLE PARTY/
LEVEL OF
MITIGATION
Project contain friable asbestos
Management District (SCAQMD) Rule
abatement Contractor /
demolition
materials and materials coated
1403 with respect to asbestos containing
City of Newport Beach
with lead -based paint, both of
materials and the demolition contractor
Building Division
which have the potential to
shall be required to comply with Rule
expose construction workers
403. All asbestos - related work
and /or nearby sensitive
conducted during the demolition process
receptors to health risks during
shall be performed by a licensed
demolition activities. Asbestos-
Asbestos - abatement Contractor under
containing materials and
the supervision of a certified Asbestos
materials containing lead -based
Consultant Asbestos - containing
paints have the potential cc
construction materials (ACCMs) shall be
create a significant hazard to the
removed and disposed of in compliance
public or the environment
with notification and asbestos - removal
procedures outlined in SCAQMD Rule
1403 to reduce asbestos- related health
risks. During demolition, the demolition
contractor shall maintain all records of
compliance with Rule 1403, including, but
not limited to, the following: evidence of
notification of SCAQMD pursuant to
Rule 1403; contact information for the
Asbestos - abatement Contractor and
Asbestos Consultant; and receipts (or
other evidence) of off -site disposal of all
ACCMs. These records shall be made
available for City inspection upon
request.
MM HM -2 The City of Newport Beach shall
Project Applicant
Prior to issuance of
condition all demolition permits to
Construction
demolition permits
comply with Title 17, California Code of
Contractor, and
and during
Regulations (CCR), Division I, Chapter B
Certified Lead
demolition
(LBP Regulations), which addresses
Supervisor / City of
requirements for the removal of
Newport Beach Building
components painted with lead -based
Division
paint (LBP) during demolition of existing
Lido Villas Residential Development July 12, 2013
Lead Agency. City of Newport Beach Page 6 -5
No
❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Repotting Program
• s
RESNiNSIBLE PARTY/
LEVEL QF
ON
structures. The demolition contractor
shall be required to comply with these
provisions. Notification to the California
Department of Public Health (CDPH)
shall be conducted through completion
of an Abatement of Lead Hazards
Notification, CDPH Form 8551. The
removal of all LBP materials shall be
conducted:
• By a Certified Lead Supervisor or
Certified Lead Works, as defined by
§§ 35008 and 35009 of the LBP
Regulations, respectively:
• In accordance with the procedures
specified in Chapter 12: Abatement,
"Guidelines for the Evaluation and
Control of Lead -Based Paint Hazards
in Housing," U.S. Department of
Housing and Urban Development,
June 1995;
• Using containment and in a manner
which does not result in
contamination of non -work areas
with lead- contaminated dust. lead-
contaminated soil, or lead -based
paint debris; and
• In accordance with an abatement
plan prepared by a certified lead
supervisor, certified lead project
'
monitor, or certified lead project
designer, which includes all of the
requirements as specified in §
36100(4)(A) of the LBP Regulations
The Certified Lead Supervisor
Lido Villas Residential Development July 12, 2013
Lead Agency. City of Newport Beach Page 6 -6
MM
®❑ Mitigated Negative Declaration 6.0 Mitigation Monitoring and Reporting Program
THRESHOLD
.
LEVEL OF
SIGNIFicANCE AFTER
MITIGATION
conducting abatement shall retain
records of the notification to the CDPH,
and shall retain a copy of the abatement
plan on -site at all times during demolition
activities. The notification and
abatement plan shall be made available to
the City upon request for review. All
demolition activities shall be subject to
inspection by the CDPH and /or City
officials to ensure compliance with the
requirements of the LBP Regulations and
abatement plan. Following completion of
all abatement activities, a clearance
inspection shall be conducted by a
certified lead inspector /assessor or
certified lead project monitor in
accordance with §§ 36000(a) and
36000(c)(3) of Title 17, CCR, Division 1,
Chapter 8. A copy of the results of the
clearance inspection shall be provided to
the City Planning Division upon
completion of abatement and inspection
activities.
Lido Villas Residential Development July 12, 2013
Lead Agency. City of Newport Beach Page 6 -7
Planning Commission Resolution No. 1921
Page 19 of 32
Exhibit "C"
General Plan Land Use Map
ILI'u - , GT: 1
Tmpll: 05/1612012
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Existing Land Use:
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Proposed Land Use:
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GP2012 -005 (PA2012 -146) Feet
General Plan Amendment
3303 Via Lido
Document Name: PA2012 -146 GP2012 -005 Reso Exhibit
Planning Commission Resolution No. 1921
Pape 20 of 32
Exhibit "D"
Coastal Plan Land Use Plan
Amendment
Tmplt: 05/16/2012
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Document Name: PA2012 -146 LC2013 -001 Reso Exhibit
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Planning Commission Resolution No. 1921
Paae 21 of 32
Exhibit "E"
Zoning Map Amendment
And
Lido Villas Planned Community Text
Tmplt: 05/1612012
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Zoning Code Amendment
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0 125 250
Feet
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LIDO VILLAS
Planned Community Development Plan
Date: September 10, 2013
Ordinance No. 2013 -
Adopted
TABLE OF CONTENTS
1.0
Introduction and Purpose ................................................ ...............................
3
2.0
General Conditions and Regulations ............................... ...............................
4
3.0
Land Use and Development Regulations ........................ ...............................
8
3.1 Lido Villas ............................................................. ...............................
8
1. Number of Units ......................................... ...............................
8
2. Development Standards ............................. ..............................1
8
a. Lot Area ............................................... ...............................
8
b. Building Area ........................................ ...............................
8
c. Building Height ..................................... ...............................
8
d. Building Setbacks ................................. ...............................
8
e. Parking ................................................. ...............................
9
3.2 Signs ..................................................................... ...............................
9
A. Sign Allowance & Standards ........................... ...............................
9
4.0
Site Development Review ............................................... ...............................
10
4.1 Purpose ................................................................ ...............................
10
4.2 Application ............................................................ ...............................
10
4.3 Findings ................................................................ ...............................
10
4.4 Contents ............................................................... ...............................
11
4.5 Public Hearing — Required Notice ......................... ...............................
11
4.6 Expiration and Revocation Site Plan Review Approvals ......................
12
4.7 Fees..; ..................................................................................................
12
Exhibit Name Exhibit Number
ConceptualSite Plan ............................................................ ............................... A
4
1.0 INTRODUCTION AND PURPOSE
The Lido Villas Planned Community Development Plan (PCDP) is composed of 23
single family residential townhomes, totaling 63,592 square feet. It is located on the site
across from the former City Hall building and bounded by Via Lido, Via Oporto and Via
Malaga. The vision laid out in the City's Lido. Village Concept Plan is that this parcel is to
be part of a vibrant gateway village in the heart of the peninsula. The PCDP has been
developed in accordance with the Newport Beach General Plan and is consistent with
the Local Coastal Land Use Plan.
The purpose of this PCDP is to provide for the classification and development of
coordinated, cohesive, comprehensive planning project with 23 single -unit residential
townhomes called Lido Villas.
Whenever the regulations contained in the PCDP conflict with the regulations of the
Newport Beach Municipal Code, the regulations contained in the PCDP shall take
precedence. The Newport Beach Municipal Code shall regulate all development within
the PCDP when such regulations are not provided within the PCDP Regulations.
3
2.0 GENERAL CONDITIONS AND REGULATIONS
1. Archaeological /Paleontological Resources
Development of the site is subject to the provisions of City Council Policies K -4 and K -5
regarding archaeological and paleontological resources.
2. Architectural Design
All development shall be designed with high quality architectural standards and shall be
compatible with the surrounding uses. The development should be well- designed with
coordinated, cohesive architecture and exhibiting a high level of architectural and
landscape quality in keeping with the PCDP's prominent location on the Balboa
Peninsula. Massing offsets, variation of roof lines, varied textures, openings, recesses,
and design accents on all. building elevations shall be provided to enhance the
architectural style. Architectural treatments for all ancillary facilities shall be provided.
The residential dwelling units shall maintain an architectural theme consistent with a
Modern interpretation of Coastal architectural themes, drawing inspiration from yachts in
the adjacent Newport Harbor and coastal warehouses found within Lido Village.
Buildings shall incorporate a mix of high quality building materials including stained
cedar panels, concrete composite panels in cool white or gray colors, and glass
guardrails incorporating wooden handrails or a striped glazing pattern.
3. Building Codes
Construction shall comply with applicable provisions of the California Building Code and
the various other mechanical, electrical and plumbing codes related thereto as adopted
by the Newport Beach Municipal Code.
4. Flood Protection
Development of the subject property will be undertaken in accordance with the flood
protection policies of the City.
5. Grading and Erosion Control
Grading and erosion control measures shall be carried out in accordance with the
provisions of the Newport Beach Excavation and Grading Code and shall be subject to
permits issued by the Community Development Department.
4
6. Gross Floor Area
Gross floor area shall be defined as the total area of a building including the
surrounding exterior walls.
7. Height and Grade
The current site design for the proposed project includes 23 townhome units with flat
roof and heights that vary between 31 feet 10 inches (top of roof and roof deck), 35' -4"
(top of guardrail) and 39' (top of architectural feature and stairwell to the roof), 350 SF of
area for the Harbor Unit and 200 SF of area for the Island Unit) measured from existing
grade shown on the topographic survey prior to development of the site.
The architectural feature allows for a varied and interesting roofline as well as providing
access and privacy to the outdoor living areas on the roof. The height of any structure
within the PCDP shall not exceed thirty nine (39) feet, unless otherwise specified. The
height of a structure shall be the vertical distance between the highest point of the
structure and the grade directly below.
8. Landscaping /Irrigation
Landscaping and irrigation shall be provided in all areas not devoted to structures,
parking lots, driveways, walkways, private patios, and common area patios to enhance
the appearance of the development, reduce heat and glare, control soil erosion,
conserve water, screen adjacent land uses, and preserve the integrity of PCDP.
Landscaping and irrigation shall consist of a combination of trees, shrubs, groundcover
and hardscape improvements. Landscaping shall be prepared in accordance with the
Landscaping Standards and Water- Efficient Landscaping Sections of the Newport
Beach Municipal Code and installed in accordance with the approved landscape plans
prepared by a licensed landscape architect.
9. Fences and Walls
Fences, hedges and walls shall be in accordance with the Newport Beach Municipal
Code Property Development Standards. Such elements shall not exceed forty -two (42)
inches in height within the front setback. Where a nonresidential zoning district abuts a
residential zoning district, a solid masonry wall a minimum of six (6) feet in height shall
be required per the Newport Beach Municipal Code Property Development Standards
Section 20.30.040.
5
10. Lighting —Outdoor
All new outdoor lighting shall be designed, shielded, aimed, located and maintained to
shield adjacent uses /properties and to not produce glare onto adjacent uses /properties.
Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the
Newport Beach Municipal Code and shall be prepared by a licensed electrical
engineer. All lighting and lighting fixtures that are provided shall be maintained in
accordance with the approved lighting plans.
11. Lighting — Parking & Walkways
All lighting and lighting fixtures that are provided shall be maintained in accordance with
the approved lighting plans. Light standards within parking lots shall be the minimum
height required to effectively illuminate the parking area and eliminate spillover of light
and glare onto adjoining uses /properties and roadways.
Parking lots and walkways accessing buildings shall be illuminated with a minimum of
0.5 foot - candle average on the driving or walking surface. Lighting plans shall be
prepared in compliance with the Outdoor Lighting Section of the Newport Beach
Municipal Code and shall be prepared by a licensed electrical engineer.
If the applicant wishes to deviate from this lighting standard, a lighting plan may be
prepared by the applicant and submitted to the Community Development Director for
review and approval.
12. Parking Areas
Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping
areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of
the parking areas including striping, paving, wheel stops, walls, and light standards of
the parking lots shall be permanently maintained in good working condition. Access,
location, parking space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas Section of the Newport
Beach Municipal Code.
13. Sewage Disposal
Sewage disposal service facilities for the PCDP will be provided by the City of Newport
Beach and shall be subject to applicable regulations, permits and fees as prescribed by
the City.
on
14. Screening of Mechanical Equipment
All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and
exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and
emergency power generators) shall be screened from public view and adjacent land
uses. The enclosure design shall be approved by the Community Development
Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be
architecturally treated or screened from off -site views in a manner compatible with the
building materials prior to final building permit clearance for each new or remodeled
building. The mechanical appurtenances shall be subject to sound rating in accordance
with the Exterior Noise Standards Section of the Newport Beach Municipal Code.
Rooftop screening and enclosures shall be a maximum of 35' -4 "feet above finished
grade in accordance with the Height and Grade definition of Section 2.0 General
Conditions and Regulations of the PCDP.
15. Temporary Structures and Uses
Temporary uses may be allowed only upon the approval of a limited term permit per
Section 20.52.040 (Limited Term Permits) of the Zoning Code.
16. Trash Container Storage for Residential Dwellings
Trash container storage shall be located within each individual dwelling unit in a
designated storage area. Trash collection will occur along the interior driveway of the
Lido Villas property and will be provided by the City of Newport Beach. Each unit will
place their trash along the edge of the interior driveway for collection.
17. Water Service
Water service to the PCDP will be provided by the City of Newport Beach and will be
subject to applicable regulations, permits and fees as prescribed by the City.
7
3.0 LAND USE AND DEVELOPMENT REGULATIONS
3.1. LIDO VILLAS
Refer to Exhibit A - Conceptual Site Plan for the general location and placement
of the townhomes.
Number of Units
The maximum allowable number of single - family residential units shall be twenty
three (23) at a density of 20 dwelling units/ gross acre.
Permitted Uses
a. Condominiums
b. Recreation facilities ancillary to residential uses
Accessory structures and usesProhlblted Uses
Land uses that are not listed above are not allowed, except as provided by
Chapter 20.12 (Interpretation of Zoning Code Provisions) of the Zoning
Code or as required by State law.
Temporary Uses
Temporary uses may be allowed only upon the approval of a limited term
permit per Section 20.52.040 (Limited Term Permits) of the Zoning Code.
3. Development Standards
The following development standards shall apply to the townhomes:
a. Lot Area
The minimum lot size shall be 1 acre.
b. Gross Floor Area per Unit
2,400 sq ft minimum
3,200 sq ft maximum
c. Building Area
The maximum allowable gross floor area for the Lido Villas townhomes
shall be 63,600 square feet consistent with original project approval.
d. Building Height
The maximum allowable building height for the townhomes shall be 31
feet 10 inches, measured in accordance with the Height and Grade
definition of Section 2.0 General Conditions and Regulations of the
PCDP.
Exceptions to Building Height
Deck railings may exceed the building height limit and shall not exceed
35 feet 4 inches in height, measured in accordance with the Height and
Grade definition of Section 2.0 General Conditions and Regulations of
the PCDP. Roof deck railings shall consist of transparent materials
such as glass or frosted glass. Accessory structures on the roof deck
shall not be permitted to exceed 35' 4 ", measured in accordance with
the Height and Grade definition of Section 2.0 General Conditions and
Regulations of the PCDP.
Architectural projections up to 39 feet shall be allowed for an
architectural feature encompassing a vaulted ceiling and stairwell in
accordance with the Height and Grade definition of Section 2.0
General Conditions and Regulations of the PCDP. Harbor Units shall
be limited to a maximum of 350 SF for this architectural projection and
Island Units shall be limited to a maximum of 200 SF of area for this
architectural projection up to 39 feet in height.
e. Building Setbacks
Via Lido -front
9 feet, first floor
4 feet 5 inches, second floor
Via Malaga -front
7 feet 3 inches, first floor
6 feet 6 inches second floor
Via Oporto -front
6 feet, first floor
3 feet, second floor
Interior property line to the north
5 feet
X
f. Parking
Two (2) enclosed private parking spaces shall be provided for each
unit. Ya uncovered guest parking space shall be provided per unit for a
total of 12 guest parking spaces. Each garage shall provide minimum
clear interior dimensions of 17 feet 6 inches and shall be accessible to
vehicles.
All parking spaces shall be maintained clear of obstructions for the
parking of vehicles at all times. Vehicle parking and maneuvering areas
shall be restricted to the operation, maneuvering and parking of operable
vehicles and shall not be used for storage of any kind including the long-
term storage of vehicles not in regular use.
g. Open Space
Common Open Space: 1,725 sq. ft. of common open space shall be
provided for the community (at a rate of 75 sq. ft. per dwelling unit) with
a minimum dimension of 15 feet.
Private Open Space: 5 percent of the gross floor area shall be
provided as private open space with a minimum width dimension of 6 -ft
h. Landscaping
Minimum Landscape Requirements
• Landscaping shall incorporate current street tree species along Via
Lido (Gold Medallion Tree, Cassia Leptophylla), Via Malaga (Gold
Medallion Tree, Cassia Leptophylla) and Via Oporto (Water Gum,
Tristania Laurina).
• 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 City Traffic Engineer.
• All landscape materials and irrigation systems shall be maintained
in accordance with the approved landscape and irrigation plans. .
• 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.
10
• Landscape planting and irrigation plans and specifications shall be
submitted by the applicant for review and approval by the Building
Division or Planning Division prior to the issuance of a building
permit.
Site landscaping will be in accordance with Chapter 20.36
(Landscaping Standards) of the Zoning Code and Chapter 14.17
(Water- Efficient Landscaping) of the Newport Beach Municipal Code.
Plants shall be adapted to the coastal climate of Newport Beach and
appropriate to the specific soil, topographic, and sun /shade conditions
of the project site. Drought - tolerant plants shall be used to the
maximum extent practicable. Plant species having comparable water
requirements shall be grouped together for efficient use of irrigation
water. All plant materials shall conform to or exceed the plant quality
standards of the latest edition of American Standard for Nursery Stock
published by the American Association of Nurserymen, or the
equivalent. Plant selection shall be harmonious to the character of the
project and surrounding projects and shall not be listed as an invasive
species by the California Invasive Plant Council.
i. Irrigation Guidelines
An irrigation system shall be installed and shall incorporate appropriate
locations, numbers, and types of sprinkler heads and emitters to
provide appropriate amounts of water to all plant materials. Application
rates and spray patterns shall be consistent with the varying watering
requirements of different plant groupings.
Irrigation systems and controls shall include technology that minimizes
over watering by either: (a) directly measuring soil moisture levels,
plant types, and soil types and adjusting irrigation accordingly; or, (b)
receiving weather information on a least a daily basis via satellite or
similar transmission and adjusting irrigation accordingly. The irrigation
system shall be designed so as to prevent over - watering and minimize
overspray and runoff onto streets, sidewalks, driveways, buildings,
fences, and windows consistent with water conservation and pollution
run -off control objectives.
j. Lighting
Outdoor lighting standards will be in accordance with Section
20.30.070 (Outdoor Lighting) of the Zoning Code. Lighting of building
interior common areas, exteriors and parking areas shall be developed
11
in accordance with City Standards and shall be designed and
maintained in a manner which minimizes impacts on adjacent land
uses. Nighttime lighting shall be limited to that necessary for security.
The plans for lighting shall be prepared and signed by a licensed
electrical engineer and shall be subject to review and approval of the
Community Development Director or their designee.
k. Mechanical Equipment
Mechanical equipment shall not exceed 35 feet 4 inches in height and
shall comply with Section 20.30.020 (Buffering and Screening) of the
Zoning Code). All mechanical appurtenances on building roof tops and
utility vaults shall be screened in a manner meeting the approval of the
Director of Community Development or their designee.
I. Telephone, Gas and Electrical Service
All "on site" gas lines, electrical lines and telephone lines shall be
placed underground. Transformer or terminal equipment shall be
visually screened from view from streets and adjacent properties.
m. Grading
Grading of the development area shall be conducted and undertaken
in a manner both consistent with applicable grading manual, standards
and ordinances of the City of Newport Beach and in accordance with a
grading plan approved by the City of Newport Beach Building Division.
n. Outdoor Storage
The exterior of the units shall be maintained in accordance with
Section 10.50.020 (Nuisance) of the City of Newport Beach Municipal
Code.
3.2 Signs
A. Sign Allowance & Standards
1. If three or more signs are proposed for the development, a sign
program for the Lido Villas Planned Community shall be submitted
for review and approved by the City of Newport Beach Community
Development Director or their designee. Sign allowance and
12
standards will be in accordance with Chapter 20.42 (Sign
Standards) of the Zoning Code.
13
4.0 SITE DEVELOPMENT REVIEW
4.1. Purpose
The purpose of the Site Development Review process is to ensure new development
proposals within the Lido Villas Planned Community Development are consistent with
the goals and policies of the General Plan, the Lido Village Design Guidelines, and
provisions of this Planned Community Development Plan.
4.2 Application
Prior to the issuance of building permits for the proposed project, a site development
review shall be required for the Lido Villas Planned Community development in
accordance with the applicability, application materials, application fees, review
authority, public notice and hearing procedures, findings and decision, minor changes
by Director, and expiration and post- decision procedures set forth in Section 20.52.080
(Site Development Reviews) of the Zoning Code.
14
EXHIBIT A
0
0
CL
0
a
VIA MALAGA
A (NSITEPLAN
15
i
r
C
Planning Commission Resolution No. 1921
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EXHIBIT "F"
CONDITIONS OF APPROVAL
Site Development Review Conditions
1. The development shall be in substantial conformance with the approved site plan,
floor plans, materials board, and building elevations stamped and dated with the
date of this approval. (Except as modified by these conditions of approval.)
2. This approval shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 (Time Limits and Extensions) of the
Newport Beach Municipal Code, unless an extension is otherwise granted.
3. Deleted.
4. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
5. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
6. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for
the new dwelling units (currently $2,359.00 per new additional dwelling unit) in
accordance with Chapter 15.38 of the Newport Beach Municipal Code. The
applicant shall be credited for the reduction in commercial square footage and the
remaining balance shall be charged or credited to the applicant.
7. Prior to issuance of building permits, approval from the California Coastal
Commission shall be required for the Coastal Land Use Plan Amendment and
Coastal Development Permit for the development of 23 residential dwelling units.
8. The applicant shall comply with all project design features, mitigation measures,
and standard conditions contained within the approved mitigation monitoring
reporting program (MMRP) of MND SCH No. 2010071050 for the project.
9. Development of the project shall comply with the development standards and
requirements of the Lido Villas Planned Community Development Plan and be in
substantial conformance with the approved Tentative Tract Map No. 17555 dated
May 16, 2013.
10. The floor plans and building envelopes for each residential unit are approved as
precise plans, unless revisions are approved by the Community Development
Director. Future floor area additions to the building envelopes shall be prohibited.
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The proposed open patio and deck areas for each unit shall not be permitted to
be enclosed and the landscape and common open space areas proposed
throughout the development site shall be preserved.
11. A total of 46 enclosed garage parking spaces and 12 ground level guest parking
spaces shall be provided as illustrated on the approved plans.
12. Prior to the issuance of building permits, the project plans shall provide an 8 -foot
2 -inch minimum clearance below the second story overhangs above the interior
drive aisles. Note that Van Accessible height requirements shall be met within
the drive aisles. The plans shall identify the width of the drive aisle around the
site that is unconstrained (i.e. open to the sky).
13. Prior to the issuance of building permits, documents /plans shall be submitted
demonstrating compliance with the requirements of Chapter 14.17 (Water -
Efficient Landscaping Ordinance) of the Municipal Code. Plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans
shall be approved by the Planning Division and the Municipal Operations
Department. All planting areas shall be provided with a permanent underground
automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected. The irrigation system shall be
adjustable based upon either a signal from a satellite or an on -site moisture -
sensor. Planting areas adjacent to vehicular activity shall be protected by a
continuous concrete curb or similar permanent barrier. Landscaping shall be
located so as not to impede vehicular sight distance to the satisfaction of the
Traffic Engineer.
14. All landscape materials and irrigation systems shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing,
mowing and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
15. Prior to the final of building permits the applicant shall schedule an inspection by
the Planning Division to confirm that all landscaping was installed in accordance
with the approved landscape plan
16. Prior to the issuance of building permits, a National Pollutant Discharge Elimination
System (NPDES) permit shall be obtained from the Regional Water Quality Control
Board (RWQCB) for the proposed construction activities.
17. Water leaving the project site due to over - irrigation of landscape shall be
minimized. If an incident such as this is reported, a representative from the Code
and Water Quality Enforcement Division shall visit the location, investigate,
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Planning Commission Resolution No. 1921
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inform and notice the responsible party, and, as appropriate, cite the responsible
party and /or shut off the irrigation water.
18. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards
19. Prior to the issuance of building permits, the applicant shall prepare a
photometric study in conjunction with a final lighting .plan for approval by the
Planning Division. The survey shall show that lighting values are one - foot - candle
or less at all property lines. Higher lighting levels are subject to the review and
approval of the Community Development Director where it can be shown to be in
compliance with the purpose and intent of the Outdoor Lighting section of the
Zoning Code.
20. 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 Community Development Director, the illumination creates
an unacceptable negative impact on surrounding land uses or environmental
resources. The Community Development Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
21. All mechanical appurtenances (e.g. air conditioning, heating ducts and exhaust
vents, swimming pool and spa pumps and filters, transformers, utility vaults and
emergency power generators) shall be screened from public view and adjacent
land uses. All rooftop equipment shall be architecturally treated or screened from
off -site views in a manner compatible with the building materials prior to final
building permit clearance for each new or remodeled building. The mechanical
appurtenances shall be subject to sound rating in accordance with the Section
10.26.025 (Exterior Noise Standards) of the Newport Beach Municipal Code.
Rooftop screening and enclosures shall not exceed 35 feet 4 inches above the
existing grade.
22. All trash shall be stored within the buildings for residential uses and screened
from view of neighboring properties, except when placed for pick -up by refuse
collection agencies.
23. Deleted.
24. Construction activities shall comply with Section 10.28.040 (Construction Activity -
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours
of noise - generating construction activities that produce noise to between the
hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00
p.m. on Saturday. Noise - generating construction activities are not allowed on
Sundays or Holidays.
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Planning Commission Resolution No. 1921
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25. Storage outside of buildings in any parking areas, landscape areas, or setback
areas shall be prohibited.
26. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
27. A copy of these conditions of approval shall be incorporated into the Building
Division and field sets of plans prior to issuance of the building permits.
28. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
29. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
30. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Lido Villas including, but not limited to, General Plan Amendment No. GP2013 -005,
Coastal Land Use Plan Amendment No. LC2013 -001, Zoning Code Amendment
No. CA2012 -008, Site Development Review No. SD2013 -001, Tract Map No.
NT2013 -001, and Mitigated Negative Declaration No. ND2013 -001 (PA2013 -146).
This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and /or the parties initiating or bringing such proceeding.
The applicant shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in
this condition. The applicant shall pay to the City upon demand any amount owed
to the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department Conditions
31. Emergency access will be required for the project which will include the drive
aisle which runs through the middle of the project. A site plan must be submitted
with the architectural drawings which indicate the proposed emergency access
roadway. The roadway should also include locations of existing and proposed fire
hydrants, and how the fire lane will be marked, "No Parking Fire lane ". Please
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refer to Newport Beach Guideline C.01 and C.02 for fire lane requirements and
approved marking of fire lane.
32. Automatic fire sprinklers shall be required for all new construction. The sprinkler
system shall be monitored by a UL certified alarm service company. A sprinkler
system NFPA 13R is proposed. Each unit will have its individual riser.
33. Fire Department connections are required to be located within 150 feet of a
public hydrant.
34. Smoke detectors are required and are to be located as per the California Building
Code.
Building Division Conditions
35. The applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
recent, City- adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements.
36. Prior to the issuance of building permits, a minimum of three ADA units shall be
provided with one ADA unit for each type of unit.
37. Prior to the issuance of building permits, accessible parking shall be provided
within the common parking area.
38. Prior to the issuance of building permits, an accessible route from the public
sidewalk, street, public transportation, parking and passenger loading shall be
clearly identified, and accessible parking shall be shown on the final approved
site plan. Accessible signage shall be clearly noted on the plan check submittal.
39. Prior to the issuance of building permits, a 3 -foot landing shall be provided on
each side of the upper level door serving the roof deck.
40. Egress from the roof deck shall comply with the applicable code. The floor area
of the roof deck shall be included for the purpose of egress analysis.
41. Prior to the issuance of building permits, mechanical units shall comply with
sound rating requirements.
42. Spa weight shall be considered in the lateral loading for the building. Where the
railing is less than 3 feet from edge of roof deck, the railing shall be 42 inches
above the spa edge.
43. The applicant shall employ the following best available control measures
( "BACMs ") to reduce construction - related air quality impacts:
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Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90 -day low -NOx tune -ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day
to ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content
in the top 6 -inch surface layer, subject to review /discretion of the
geotechnical engineer.
44. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NO[) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The
project applicant will provide the City with a copy of the NOI and their application
check as proof of filing with the State Water Quality Control Board. This plan will
detail measures and practices that will be in effect during construction to
minimize the project's impact on water quality.
45. Prior to issuance of grading permits, the applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement
Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur.
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46. A list of "good house - keeping" practices will be incorporated into the long -term
post- construction operation of the site to minimize the likelihood that pollutants
will be used, stored or spilled on the site that could impair water quality. These
may include frequent parking area vacuum truck sweeping, removal of wastes or
spills, limited use of harmful fertilizers or pesticides, and the diversion of storm
water away from potential sources of pollution (e.g., trash receptacles and
parking structures). The Stage 2 WQMP shall list and describe all structural and
non - structural BMPs. In addition, the WQMP must also identify the entity
responsible for the long -term inspection, maintenance, and funding for all
structural (and if applicable Treatment Control) BMPs.
Tract Map Conditions
47. Prior to recordation of the tract map, Park Fees shall be paid for the 23 new
dwelling units (currently $26,125.00 per unit) in accordance with City Council
Resolution No. 2007 -30.
48. Prior to recordation of the tract map an In -Lieu Housing fee for 23 new dwelling
units (currently $26,359.00 per dwelling unit) shall be paid in accordance with City
Council Resolution No. 2010 -44.
49. A parcel map shall be recorded. The Map shall be prepared on the California
coordinate system (NAVD88). Prior to recordation of the Map, the
surveyor /engineer preparing the Map shall submit to the County Surveyor and
the City of Newport Beach a digital - graphic file of said map in a manner
described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange county Subdivision Manual, Subarticle 18. The Map to be
submitted to the City of Newport Beach shall comply with the City's CADD
standards. Scanned images will not be accepted.
50. Prior to recordation of the parcel 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.
51. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
52. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk
panels, curb and gutter along the Via Oporto, Via Malaga, and Via Lido
frontages.
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53. All existing drainage facilities in the public right -of -way, including the existing curb
drains along Via Oporto, Via Malaga, and Via Lido frontage shall be retrofitted to
comply with the City's on -site non -storm runoff retention requirements.
54. Via Malaga and Via Oporto are part of the City's Moratorium List. Work
performed on said roadways will require additional surfacing requirements. See
City Standard 105- L -F.TR.
55. All existing private, non - standard improvements within the public right -of -way
and /or extensions of private, non - standard improvements into the public right -of-
way fronting the development site shall be removed.
56. Each unit shall be served by its individual water meter and sewer lateral and
cleanout. Each water meter and sewer cleanouts shall be installed with a traffic -
grade box and cover. Water meter and the sewer cleanout shall be located within
the public right -of -way or public utilities easement.
57. An encroachment permit is required for all work activities within the public right -
of -way.
58. All improvements shall comply with the City's sight distance requirement. See
City Standard 110 -L and Municipal Code 20.30.130. Proposed accent palm
landscaping at the corner of Via Malaga and Via Lido and the corner of Via
Malaga and Via Oporto do not meet STD - 110 -L.
59. In case of damage done to public improvements surrounding the development
site by the private construction, additional reconstruction within the public right -
of -way could be required at the discretion of the Public Works Inspector.
60. All on -site drainage shall comply with the latest City Water Quality requirements.
61. The new public utilities easement shall be aligned with the corner of the units'
overhang to allow water meters to be as close to the unit and out of large
vehicular traffic. Each sewer lateral shall have a corresponding sewer cleanout
per STD - 406 -L. Sewer cleanouts and water meters shall be placed along the
edge and within the utilities easement.
62. AMR (Automated Meter Reading) water meters shall be installed at owner's cost.
63. Project shall maintain a looped system through the project site. The water line
shall connect to the 6 -inch main Via Malaga.
64. Service lines shall be a minimum of 10 inches and City does not permit half sized
lines.
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65. Irrigation and meter fire service, if proposed, shall be protected by a City
approved backflow assembly.
66. Lampholes shall be installed at all main line dead ends.
67. All unused sewer laterals shall be capped at property line.
68. All unused water services shall be capped at main (corporation stop).
69. No trees shall be planted within public utilities easement.
70. Water and sewer mains shall have a minimum separation of 10 feet.
71. Water services and sewer laterals shall have a minimum separation of 5 feet.
72. Deleted.
73. The relocation of the project driveway on Via Oporto will require a street light
relocation. Install a new street light per City Standard. New street lights shall
match the existing street lights in the surrounding area.
74. Remove all non - standard improvements within the public right -of -way (i.e. non-
standard sidewalks and brick paving). Reconstruct the improvements per City
Standard.
75. Edison vents along Via Malaga shall be relocated as part of the proposed project.
One vent is located within the project's proposed driveway.
76. ADA compliant sidewalks are required around the proposed project. In
constrained areas (i.e. meter posts, street lights, Edison vents, fire hydrants,
proposed planter boxes, curb ramps, etc.), pedestrian easements may be
required to accommodate ADA path of travel (4- foot -wide minimum).
77. Any non - standard improvements within the easement areas requires an
Encroachment Agreement with the City.
78. Construct a new ADA curb ramp at the corners of Via Malaga /Via Lido and Via
Malaga /Via Oporto per City Standard STD - 181 -L. An easement for sidewalk
purposes may be required to accommodate an ADA compliant curb ramp at the
Via Malaga /Via Oporto intersection.
79. Tree types and sizes shall be clearly identified on plans.
80. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
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81. No building permits may be issued until the appeal period has expired, unless
otherwise approved by the Planning Division. Building permits for structures
located across the existing property lines shall not be issued until the tract map
has been recorded.
82. Subsequent to recordation of the Tract Map, the applicant shall apply for a
building permit for description change of the subject project development from
"duplex" to "condominium." The development will not be condominiums until
this permit is finaled. The building permit for the new construction shall not be
finaled until after recordation of the Tract Map.
83. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the
Newport Beach Municipal Code, approved street numbers or addresses shall be
placed on all new and existing buildings in such a location that is plainly visible
and legible from the street or road fronting the subject property. Said numbers
shall be of non - combustible materials, shall contrast with the background, and
shall be either internally or externally illuminated to be visible at night. Numbers
shall be no less than 4 inches in height with a one - inch -wide stroke. The
Planning Department Plan Check designee shall verify the installation of the
approved street number or addresses during the plan check process for the new
or remodeled structure.
84. Tentative Tract Map No. 17555 shall expire 24 months from the date of approval
pursuant to NBMC Chapter 19.16.010, unless an extension is otherwise granted by
the City for the period of time provided for in the Development Agreement pursuant
to the provisions of California Government Code Section 66452.6(a).
85. New development within the project site shall be subject to the state - mandated
school fees and Newport Mesa School District general obligation taxes based upon
assessed value of the residential and commercial uses.
86. Prior to Final Map approval, the applicant shall submit draft Covenants
Conditions and Restrictions (CC &Rs) that are prepared by an authorized
professional for review and approval by the Director of Community Development
and City Attorney, which will be recorded concurrently with the Final Map, and
which will generally provide for the following:
a. Creation of a Homeowner's Association, for the purpose of providing for
control over and long term maintenance at the expense of the
Homeowner's Association and /or Sub - associations of the common area
improvements. A provision shall be included that internal project
circulation areas, sidewalks, paths, drive aisles, common landscape areas
and irrigation, community walls and fencing, sewer laterals, water laterals,
common utilities not maintained by the utility provider, and drainage
facilities are private and shall be maintained by, and at the expense of the
Tmplt: 05/16/2012
Planning Commission Resolution No. 1921
Page 32 of 32
Homeowner's Association unless otherwise approved by the Director of
Public Works.
b. A provision that the architecture and exterior building materials of the
dwelling units shall be maintained in a quality, color, and type so the
appearance is consistent with the original project as developed.
c. A provision that residents shall park only operable vehicles within the
parking garage that are in active use (i.e. no long term storage of
vehicles).
d. A provision that all homeowners and residents will be provided, prior to
purchase closing or upon signing of rental agreement, the information and
requirements for water conservation pursuant to NBMC Chapter 14.16,
Water Conservation and Supply Level Regulations.
e. A provision that all appropriate written notifications shall be provided to all
initial and subsequent buyers, lessees, and renters within the Lido Villas
project notifying them that the area is subject to noise from existing land
uses, traffic on Via Lido, and construction within the project and
surrounding areas, and as a result, residents and occupants of buildings
may experience inconvenience, annoyance, or discomfort arising from
noise.
f. Information to be provided to future residents that uses and structures are
subject to the requirements of the approved Lido Villas Planned
Community Development Plan.
g. Provisions that the following recordation of the Final Map, the Association
formed for the subdivision shall submit to the Community Development
director a list of all current Officers of the Association after each election.
h. A provision requiring that proposed amendments to the CC &Rs shall be
submitted for review to the Community Development Director or designee,
and shall be approved by the city Attorney prior to the amendments being
valid.
L A provision that garage parking spaces shall be used only for parking of
operational vehicles and not for storage.
j. A provision that the City is a third -party beneficiary to the CC &R's and has
the right, but not the obligation, to enforce any of the provisions of the
CC &Rs.
Tmplt 05/16/2012