HomeMy WebLinkAbout9961 - Big Canyon Planned Community DevelopmentJAS! 26 1981
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RESOLUTION NO. 9961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING THE PLANNED COMMU-
NITY DEVELOPMENT FOR BIG CANYON TO DELETE
REFERENCE TO THE "TWO STORY" AND "THREE STORY"
LIMITS FOR RESIDENTIAL CONSTRUCTION, TO CHANGE
THE HEIGHT LIMIT OF 35 FEET TO 32 FEET IN ALL
RESIDENTIAL AREAS EXCEPT FOR AREA 10, TO
REDUCE THE PERMITTED NUMBER OF DWELLING UNITS
IN AREA 10, AND ACCEPTING THE ENVIRONMENTAL
DOCUMENT
WHEREAS, Section 20.51.045 of the Newport Beach
Municipal Code provides that final amendments to a Planned
Community Development Plan must be approved by a resolution of
the City Council setting forth full particulars of the amend-
ments; and
WHEREAS, the Planning Commission conducted a public
hearing on December 18, 1980, at which time it considered certain
amendments to the Planned Community Development Plan for Big
Canyon to delete reference to the "two story" and "three story"
limits for residential construction, to change the height limit
of 35 feet to 32 feet in all residential areas except for Area
No. 10, and to reduce the permitted number of dwelling units in
Area 10; and
WHEREAS, at said public hearing the Planning Commission
adopted Resolution No. 1060, recommending to the
that certain amendments to the Planned Community
for Big Canyon, as set forth in the Planning Comi
Of December 18, 1980, attached hereto as Exhibit
reference made a part hereof, be adopted; and
City Council
Development Plan
nission Minutes
"A" and by this
WHEREAS, the City Council finds and determines that said
amendments to the Planned Community Development Plan for Big
Canyon as set forth in said Exhibit "A" are desirable and neces-
sary; and
WHEREAS, the City Council has conducted a public hearing
on the proposed amendments in accordance with all provisions of
law,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby approves the proposed amendments
to the Planned Community Development Plan for Big Canyon to
delete reference to the "two story" and "three story" limits for
residential construction, to change the height limit of 35 feet
to 32 feet in all residential areas except for Area No. 10, and
to reduce the permitted number of dwelling units in Area No. 10,
as set forth in Exhibit "A" attached hereto.
BE IT FURTHER RESOLVED that the environmental documenta-
tion is hereby accepted.
ADOPTED this 9(,rh day of .rangy , 1981.
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ATTEST:
• City -Clerk
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012081
December 18, 1980
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Request to consider a traffic study for a pro-
posed thirty -two (32) unit residential condo-
minium project in the Big Canyon Planned
Community.
AND
MINUTES
Request to amend the Planning Community Devel-
opment Plan for Big Canyon so as to delete
reference to the "two story" and "three story"
limits for residential construction. The amend-
ment also proposes to change the height limit
of thirty -five (35) feet to thirty -two (32) feet
in all residential areas except for Area No. 10
where the existing 35 foot height limit shall be
maintained; reduce the permitted number of
dwelling units in Area 10; and the acceptance
of an Environmental Document.
AND
Request to create three (3) parcels of land so
as to allow the construction of a thirty -two
(32) unit residential condominium project in
the Big Canyon Planned Community.
AND
Request to permit the construction of a 32 -unit
residential condominium complex and related
garage spaces in the Big Canyon Planned
Community.
LOCATION: Portions of Block 55, 56 and 93 of
Irvine's Subdivision generally
bounded by Ford Road, MacArthur
Boulevard, San Joaquin Hills Road,
and Jamboree Road.
ZONE: P -C
APPLICANT: The Irvine Co., Newport Beach
OWNER: Same as applicant
The public hearing opened in connection with thes
items a.nd Mr. Peter Denniston, Project Manager fo
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TRAFFIC
STUDY
ITEM #10
RMT11
AMENDMENT
NO. 554
ITEM #11
AND
NTATIVE
AND
ALL
APPROVED
CONDI-
TI NALLY
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The Irvine Company which is responsible for Big
Canyon Area 10, appeared before the Commission.
Mr. Denniston stated that a major objective in
this development is for the compatibility with
the existing Big Canyon Community development.
Mr. Denniston referred to Condition of Approval
No. 43 of the staff report and stated that they
are objecting to this requirement, which would
provide for car wash facilities. He stated that
according to their buyer profiles, they anticipat
that a substantial number of the residents will
wash their cars at commercial car wash facilities
He stated that it would be difficult to enforce
where the residents wash their cars, for those
residents who may decide to do so themselves. He
stated that they are requesting deletion of this
condition.
Commissioner Beek suggested that a couple of the
guest parking spaces be covered, so that they may
be utilized as car washing facilities. Mr.
Denniston stated that this would not be compatibl
with the layout of the development, because the
guest parking spaces are located in front of the
units. He added that a cover in front of a unit
would destroy the street -scape view of the unit.
Planning Director Hewicker stated that this is
not the first application where the condition for
a car wash facilities has been imposed. He ex-
plained the needs to connect a car wash facility
to the City sewer system and having the facility
covered, but he questioned the practicality of
such a requirement.
Commissioner Thomas stated that the idea of car
washing facilities was developed to keep urban
runoff, such as oil, grease and soap, out of the
bay. The intent was generated as a means of ac-
commodating development without putting an onerou
burden on the developer to completely prevent any
runoff from entering the watershed.
Commissioner Allen asked if any of the recent
developments that are required to have car wash
facilities have the provision included in their
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Covenants, Conditions and Restrictions. Mr.
Burnham, Assistant City Attorney, stated that
he is not aware of any, but that he would questio
the enforceability of where a person may or may
not wash their car.
Commissioner Thomas referred to the EIR and
stated that he was concerned with building on a
wetland and a slope. He then referred to the
.3 acre marsh adjacent to the seep area, as
found in Exhibit 12, and questioned the geologica
stability. He added that wet surfaces slide and
that building on a wetland is not in conformance
with the building regulations.
Mr. Fred Talarico, Environmental Coordinator,
stated that the slope stabilization program has
been reviewed quite carefully with the City's
Grading Engineer to insure safe building sites.
He stated that they do not anticipate any abnorma
problems that can not be corrected. Mr. Talarico
stated that a seep on the site is causing the
wetland vegetation. He stated that it was not
felt that this was the intent of the wetland
policy in the General Plan, to apply that defini-
tion to this site.
Commissioner Thomas stated that the biological
report clearly identifies seeps and wetlands. He
then referred to the biological assessments as
found in the EIR.
Mr. Denniston stated that most of the water on
the site is the result of irrigation water from
San Joaquin Hills Drive. He.stated that most
of this water will be diverted with the grading
work and subdrain systems that are being pro-
posed. He added that the site would become more
stable with the proposed work. Commissioner Thom
stated that subdrain systems may or may not work.
Mr. Talarico stated that there are no rare, en-
dangered plants or plant species in this area.
He stated that he did feel that the policies
dealing with marshes would be applicable on this
site.
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Planning Director Hewicker stated that there may
be a difference of opinion as to what constitutes
a ;wetland marsh, as to whether it has occurred
naturally over a period of time; or has occurred
due to neglect because or irrigation from a land-
scaped street.
Commissioner Thomas stated that while some of the
marsh may be due from the irrigation from Newport
Center, it is still considered to be a wetland
area.
Chairman Haidinger asked Commissioner Thomas if
it was his desire to retain the marsh in that
area, or was he concerned with the slope stability.
Commissioner Thomas stated that there should be
more information obtained on the seepage and how
to deal with it. Commissioner Thomas also stated
that perhaps a hold harmless agreement should be
obtained so that the City is not held liable in
the future for slipping and seepage.
Commissioner Thomas referred to Exhibit 3 of the
EIR and stated that he was concerned with the
coastal sage scrub located on the lower end of
the site. He stated that the EIR calls this site
out as a natural vegetation community and is com-
patible with the surrounding wildlife corridor.
He referred to Condition No. 24 of the staff
report for Tentative Tract Map No. 10814 and
stated that it should be expanded to preserve the
area as identified in the mapping of Exhibit No.
12, with the exception of the narrow arm which
extends up into the site.
Commissioner Balalis stated that he would support
a condition for a hold harmless agreement for
the building on the slopes. He then referred to
Condition No. 24 and stated that perhaps the
wording "to the maximum extent practicable" shoul
be changed to the word "protect ". Commissioner
Balalis added that in the past, the term wetland
has applied to an area immediately adjacent to
the bay. He stated that he did not feel as thoug
this particular site would apply.
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Mr. Burnham stated that a hold harmless agreement
would be an agreement to indemnify and defend,
so that the City would not incur any liability.
Motion
Motion was made to approve the Traffic Study with
All Ayes
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X
X
YX
X
the following findings, which MOTION CARRIED:
TRAFFIC STUDY
FINDINGS:
1. That a Traffic Study for the proposed pro-
ject has been prepared in accordance with
Chapter 15.40 of the Newport Beach Munici-
pal Code and City Policy S -1, and; that
based on the Traffic Study,
2. The traffic projected one year after project
completion during any 2.5 hour peak traffic
period on each leg of each critical inter-
section will be increased less than 1% by
traffic generated from the project during
that 2.5 hour period.
Motion
X
Motion was made to approve the "Big Canyon Area
All Ayes
X
X
X
X
X
X
10 - Draft EIR" and recommend that the City Council
certify the Environmental Document is complete,
direct staff to prepare a Statement of Facts and
make the findings listed below, which MOTION
CARRIED:
DRAFT EIR
FINDINGS:
1. That the environmental document is complete
and has been prepared in compliance with
the California Environmental Quality Act
(CEQA), the State EIR Guidelines and City
Policy.
2. That the contents of the environmental docu-
ment have been considered in the various
decisions on this project.
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Motion
All Ayes
Motion
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That based on the information contained in
the environmental document, the project
incorporates sufficient mitigation measures
to reduce the adverse effects of the pro-
ject, and that the economic benefits that
would accrue to the community, as demostrated
in the document, together with the mitigation
measures override the anticipated negative
effects of the project.
Motion was made to adopt Resolution No. 1060, RESOLUTION
approving Amendment No. 554 and recommen3ing same N0. 1060
to the City Council for adoption with the findings
listed below, which MOTION CARRIED:
AMENDMENT NO. 554
FINDINGS:
That the environmental document is complete
and has been prepared in compliance with
the California Environmental Quality Act
(CEQA), the State EIR Guidelines and City
Policy.
That the contents of the environmental docu-
ment has been considered in the decision
of this portion of the project.
That based on the information contained in
the environmental document, the project in-
corporates sufficient mitigation measures
to reduce the adverse effects of the pro-
ject, and that the economic benefits that
would accrue to the community, as demon-
strated in the document, together with
the mitigation measures override the
anticipated negative effects of the project.
Motion was made for approval of Tentative Tract
Map No. 10814, subject to the following changes
Condition No. 12 - To be revised as proposed
by staff: 12) The width of the concrete
sidewalk to be constructed along the northerly
side of San Joaquin Hills Road is to be sub-
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City of Newport Beach
ject to the review and approval of the
Director of Public Works. Handicapped access
ramps are to be constructed at both inter-
sections of Big Canyon Drive and San Joaquin
Hills Road. Top of slope along San Joaquin
Hills Road shall be two feet behind property
line.
Condition No. 24 - To be worded as follows:
4 The existing coastal sage scrub in the
northern portion of the project shall be
maintained in a natural condition.
Condition No.. 43 - This condition will remain as
a part of the motion.
Condition No. 57 - This added condition will be
worded as follows: 57) That the existing
fresh water marsh as called out in the EYR,
the .3 acres shall not be built upon as per
the guidelines adopted in General Plan
Amendment No. 79 -1.
Condition No. 58 - This added condition will be
worded as follows: 58) That the applicant
shall supply the City with a hold harmless
agreement.
Mr. Burnham suggested that it may be appropriate
Ito impose the condition of the hold harmless agree'
ment on both the tentative tract map and the use
permit.
Mr. Denniston stated that the golf course area
will be preserving much of the coastal sage area.
He stated that the have tried to also preserve
some of the existing native sage. He requested
that Condition No. 24 and Condition No. 57, as
proposed by Commissioner Thomas not be imposed,
as these conditions will cause major development
problems.
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Amendment
Amendment
Revision
Ayes X
Noes X
4
m
Commissioner McLaughlin asked Mr. Denniston if
he would object to the original wording of Con-
dition No. 24. Mr. Denniston stated that they
do not object to the original wording.
Commissioner Thomas stated that the slide area
is not in the coastal sage area, according to the
map. Mr. Denniston referred to Exhibit 11 and
described the area that would be involved. Com-
missioner Balalis suggested that the area needs
to be identified more clearly. Commissioner
Thomas referred to Exhibit 3 and Exhibit 12 and
stated that they be combined to form an overlay.
He stated that he was not including the narrow
extended arm of coastal sage scrub.
Mr..Demniston stated that it was his understandim
that tVe major concern was to preserve the arroyo
area, which has been preserved in the conceptual
grading plan. He stated that they are only pro-
posing a °32 unit project and that Condition No.
24 as proposed, will take a cut of approximately
2 units from the project.
Amendment to the motion was made that the wording
in Condition No. 24, "to the maximum extent
practicable" as found in the staff report, be
included.
Revision to the amendment was made that the
wording "to the maximum extent practicable" be
included, and to add, "that in no event shall
the arroyo at the north boundary of the parcel
be disturbed."
Commissioner Thomas stated that this is the oppor
tune time to preserve a biological community that
is compatible with the existing development of
the area and does not place a financial hardship
on the developer of the property.
Amendment to Condition No. 24 by Commissioner
McLaughlin, as revised by Commissioner Balalis
was now voted on, which MOTION CARRIED.
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X
Amendment to the motion was made to delete Con-
dition No. 43 from the requirements.
Commissioner McLaughlin stated that the conditq,'on
for the car wash facility is an attempt to pre-
serve part of the bay. She stated that it would
not cause an unreasonable hardship on the developer
to do so. Commissioner Balalis stated that he
felt as though the facilities would not be
utilized.
Ayes
Y
X
X
X
Amendment to the motion by Commissioner Balalis
Noes
X
X
X
to delete Condition No. 43 was now voted on,
which MOTION CARRIED.
Motion
X
Amendment to the motion was made to delete Con -
Ayes
X
X
X
X
dition No. 57 as proposed by Commissioner Thomas,
Noes
X
N
which would not allow for the wetland to be built
upon, which MOTION CARRIED.
Chairman Haidinger stated that the condition for
the hold harmless agreement would now become
the last condition.
Ayes
X
X
XX
X
Motion by Commissioner Thomas as amended, was
Noes
X
X
now voted on for the approval of Tentative Tract
Map No. 10814, with the findings and revised
conditions as follows, which MOTION CARRIED:
TENTATIVE TRACT MAP NO. 10814
FINDINGS:
1. That the environmental document is complete
and has been prepared in compliance with
California Environmental Quality Act (CEQA),
the State EIR Guidelines and City Policy.
2. That the contents of the environmental docu-
ment have been considered in the decisions
of this portion of the project.
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3. That based on the information contained in
the environmental document, the project
incorporates sufficient mitigation mea-
sures to reduce the adverse effects of
the project, and that the economic benefits
that would accrue to the community, as
demonstrated in the document, together
with the mitigation measures override the
anticipated negative effects of the pro-
ject.
4. That the proposed project in consistent
with the Newport Beach General Plan and
the Big Canyon Planned Community District.
5. That the map meets the requirements of
Title 19 of the Newport Beach Municipal
Code, all ordinances of the City, all
applicable general or specific plans, and
the Planning Commission is satisfied with
the plan of subdivision.
6.
That the
proposed subdivision presents.no
problems
from a planning standpoint.
7.
That the
site is physically suitable for
the type
of development, :proposed.
8.
That the
site is physically suitable for
the proposed
density of development.
9.
That the
design of the subdivision or the
proposed
improvement will not substantially
and avoidably injure fish or wildlife or
their habitat.
10.
That the
design of the subdivision or the
proposed
improvements are not likely to
cause serious public health problems.
11.
That the
design of the subdivision or the
proposed
improvements will not conflict
with any
easements, acquired by the public
at large,
for access through or use of,
property
within the proposed subdivision.
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12. That the discharge of waste from the pro -
posed subdivision will not result in or
add to any violation of existing require-
ments prescribed by a California Regional
Water Quality Control Board pursuant to
Division 7 (commencing with Section 1300)
of the Water Code.
CONDITIONS:
1. That a final map(s) be filed.
2. That all improvements be constructed as re-
quired by Ordinance and the Public Works
Department.
3. That each dwelling unit be served with an
individual water service and sewer lateral
connection to the public and sewer
systems unless otherwise approved by the
Public Works Department.
4. That the design of the private streets and
drives conform with the City's private
street policy (L -4), except as approved by
the Public Works Department. The basic
right -of -way width shall be a minimum of
40 feet. The location, width, configuration,
and concept of the private street and drive
system shall be subject to further review
and approval by the City's Traffic Engineer.
5. That easements for ingress, egress and pub -
lic utility purposes on all private streets
be dedicated to the City and that all ease -
ments be shown on the tract map.
That the intersection of the private streets
and drives be designed to provide sight
distance for a speed of 25 miles per hour.
Slopes, landscaping, walls and other ob-
structions shall be considered in the sight
distance requirements. Landscaping within
the sight distance line shall not exceed
twenty four inches in height. The sight
distance requirement maybe approximately
modified at non - critical locations, subject
to approval of the Traffic Engineer.
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of Newport Beach
That all vehicular access rights to .San
Joaquin Hills Road be released and relin-
quished to the City.
8. That the final design of the on -site pede-
strian circulation be reviewed and approved
by the Public Works Department and the
Planning Department.
That the California Vehicle Code be enfor-
ced on the private streets and drives, and
that delineation acceptable to the Police
Department and Public Works Department.be
provided along the sidelines of the private
streets and'drives.
10. That the water capital improvement fees be
paid.
11. That an agreement and accompanying surety
guaranteeing completion of the public im-
provements be provided, if it is desired
to record a final map prior to the comple-
tion of the public improvements.
12. The width of the concrete sidewalk to be
constructed along the northerly side of
San Joaquin Hills Road is to be subject to
the review and approval of the Director of
Public Works. Handicapped access ramps are
to be constructed at both intersections of
Big Canyon Drive and San Joaquin Hills Road.
Top of slope along San Joaquin Hills Road
shall be two feet behind property line.
13. That street, drainage and utility improve-
ments be shown on standard improvement
plans prepared by a licensed civil engineer.
14. That a hydrology and hydraulic study be
prepared and approved by the Public Works
Department, along with a master plan of
water, sewer and storm drain facilities for
the on -site improvements prior to recording
of the final map. Any modifications or
extensions to the existing storm drain,
water and sewer systems.shown of be re-
quired by the study shall be the responsi-
bility of the developer. That asphalt or
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concrete access roads shall be provided to
all public utilities, vaults, manholes and
junction structure locations.
15. That easements dedicated to the City be a
minimum of ten feet in width, with wider
easements provided where required by the
Public Works Department.
16. That the architectural character and land-
scape design established within the exist-
ing Big Canyon P -C District shall be main-
tained.
17. A landscape and irrigati. -on plan for the
project shall be prepared by a licensed
landscape architect. The landscape plan
shall integrate and phase the installation
of landscaping with the.proposed construc-
tion schedule. (Prior to the occupancy
of any structure, the licensed landscape
architect-shall certify to the Planning
Department that the landscaping has been
installed:in accordance with the prepared
plan).
18. The landscape plan shall be subject to the
review of the Parks, Beaches and Recreation
Department and approval of the Planning
Department..
19. The landscape plan shall include a mainten-
ance program which controls the use of
fertilizers and pesticides.
20. The landscape plan shall place heavy em-
phasis on the use of drought- resistant
native vegetation and be irrigated via a
system designed to avoid surface runoff
and over - watering.
21. The landscape plan shall place heavy em-
phasis on fire - retardant vegetation.
22. Street trees shall be provided along the
public streets as required by the Public
Works Department and the Parks, Beaches
and Recreation Department.
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23. Landscaping shall be regularly maintained
free of weeds and debris. All vegetation
shall be regularly trimmed and kept in a
healthy condition.
24. To the maximum extent practicable, the
existing coastal sage scrub in the northern
portion of the project shall be maintained
in the landscape plan, and that in no event
shall the arroyo at the north boundary of
the parcel be disturbed.
25. Development of the site shall be subject to
a grading permit to be approved by the
Building and Planning Departments.
26. That a grading plan shall include a com-
plete plan for temporary and permanent
drainage facilities, to'minimize any
potential impacts from silt, debris and
other water pollutants.
27. The grading permit shall include, if re-
quired, a description of haul routes,
access points to the site and a watering
and sweeping programs designed to minimize
impacts of haul operation.
28. An erosion, siltation and dust control plan
shall be submitted and be subject to the
approval of the Building Department and a
copy will be forwarded to the California
Regional Water Quality Control Board -
Santa Ana Region.
29. The velocity of concentrated run -off from
the project shall be evaluated and erosive
velocities controlled as part of the pro-
ject design.
30. That grading shall be conducted in accor-
dance with plans prepared by a Civil En-
gineer and based on recommendations of a
soil engineer and an engineering geologist
subsequent to the completion of a compre-
hensive soil and geologic investigation of
the site. Permanent reproducible copies
of the "Approved as Built" grading plans
on standard size sheets shall be furnished
to the Building Department.
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31. That the applicant provide for vacuum
sweeping of all private streets equal to
that service provided by the City for
residential area streets.
32. Prior to the issuance of the grading permit
the design engineer shall review and state
that the discharge of surface runoff from
the project will be performed in a manner
to assure that increased peak flows from
the project will not increase erosion im-
mediately downstream of the system, this
shall be reviewed and approved by the
Planning and Building Department.
33. That erosion control measures shall be
done on any exposed slopes within thirty
days after grading or as approved by the
Grading Engineer.
34. Control of infiltration to the groundwater
system from the project shall be provided
as part of the project design.
35. That mitigation measures 1 thru 9 contained
on pages 14 thru 16 of the "Big Canyon Area
No. 10 - Draft EIR" shall be incorporated
into the final project unless otherwise
modified by conditions of approval con-
tained herein or the City's Grading
Engineer.
36. A subdrain system shall be installed sub-
ject to the approval of the Building
Department.
37. That final design of the project shall
provide for the incorporation of water -
saving devices for project lavatories and
other water using facilities.
38. Prior to the occupancy of any buildings,
a program for the sorting of recyclable
material from other solid wastes shall be
developed and approved by the Planning
Department.
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39. That should any resources be uncovered
during construction, that a qualified
archaeologist or palenotologist evaluate
the site prior to completion of construc-
tion activities, and that all work on the
site be done in accordance with the City's
Council Policies K -5 and K -6.
40. That prior to the issuance of any building
permit authorized by the approval of this
project, the applicant shall deposit with
the City Finance Director, a sum propor-
tional to: the percentage of future addi-
tional traffic related to the project in
the subject area, but not to exceed
$5,350.00 to be used for the construction
of a wall on the westerly side of Jamboree
Road between Eastbluff Drive and Ford Road.
41. That the final design of on -site pedestrian
circulation be reviewed and approved by the
Public Works Department and the Planning
Department.
42. The project shall comply with the Uniform
Building Code - 19 Edition and /or the
California Administrative Code Titles 19
and 24.
43. That prior to the occupancy of any unit a
qualified accoustical engineer, retained
by the City at the applicant's expense
shall demonstrate to the satisfaction of
the Planning Director that the noise im-
pact from San Joaquin Hills Road on the
project does not exceed 65 db CNEL for
outside living areas and the requirements
of law for interior spaces.
44. The applicant shall review, and to the
maximum extent practicable incorporate
the potential energy mitigation measures
described in Appendix I of the Big Canyon
Area No. 10 - Draft EIR, to the satisfac-
tion of the Planning Director.
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45. That prior to the issuance of building
permits, the Fire Department shall review
the proposed plans and may require auto-
matic fire sprinkler protection.
46. That any cul -de -sac, building address, and
street name shall comply with City Stan-
dards and shall be approved by the Fire
Department.
47. That the Fire Department access shall be
approved by the Fire Department.
48. That all buildings on the project site
shall be equipped with fire suppression
systems approved by the Fire Department.
49. That a "defensible space" concept shall be
incorporated to the construction and de-
sign of the project and be reviewed and
approved by the Police Department prior
to the issuance of any building permits.
50. The proposed project shall incorporate an
internal securing system (I.E. security
guards, alarms, access limits after hours)
that shall be reviewed by the Police and
Fire Departments and approved by the
Planning Department.
51. That all access to the buildings be
approved by the Fire Department.
52. That all on site fire protection (hydrants
and Fire Department connections) shall be
approved by the Fire and Public Works
Department.
53. That fire vehicle access, including the
proposed planter islands, shall be ap-
proved by the Fire Department.
54. Prior to the issuance of any building
permits for the site, the applicants shall
demonstrate to the satisfaction of the
Public Works Department and the Planning
Department that adequate sewer facilities
will be available.
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C MMIONER51 December 18; °1980 MINUTES
City of New t Beach
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55. That prior to the recordation of the final
tract map, the applicant shall dedicate
land or pay a fee in lieu thereof, or both,
at the option of the City, for park and
recreation purposes, in accordance with
Chapter 19.50 of the Newport Beach Munici-
pal Code ( "Park Dedication ").
56. That the applicant shall prepare and execute
an agreement approved as to form and content
by the City Attorney, the affect of which is
to obligate applicant to defend, indemnify
and hold harmless the City of Newport Beach
with respect to any claim, loss, damage or
injury that may arise from, or any way be
related to, the movement of earth and soil
within the project area.
The Commission determined that the hold harmless
agreement would not be included as a condition of
approval for Use Permit No. 1964.
Motion X Motion was made to approve Use Permit No. 1964
Ayes X X X X X with the findings and conditions as follows, whit
Noes X MOTION CARRIED:
USE PERMIT NO. 1964
FINDINGS:
1. That the environmental document is complete
and has been prepared in compliance with
California Environmental Quality Act (CEQA),
the State EIR Guidelines and City Policy.
2. That the contents of the environmental docu-
ment have been considered in the decisions
on this portion of the project.
3. That based on the information contained in
the Environmental Document, the project
incorporates sufficient mitigation measures
to reduce the adverse effects of the pro-
ject, and that the economic benefits that
would accrue to the community, as demon-
strated in the document, together with the
mitigation measures override the anticipated
negative effects of the project.
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COMMISSIONERS December 18, 1980 MINUTES
2 City of Newport Beach
ROLL CALL INDEX
•
it
4. That the proposed project is consistent
with the Newport Beach General Plan and
the Big Canyon Planned Community District.
5. The approval of Use Permit No. 1964 will
not, under the circumstances of this case
be detrimental to the health, safety,
peace, morals, comfort and general welfare
of persons residing and working in the
neighborhood or be detrimental or injurious
to property or improvements in the neigh-
borhood of the general welfare of the City.
6. That adequate on -site parking spaces are
available for the proposed residential
condominium development.
7. That each of the proposed units has been
designed as a condominium with separate
and individual utility connections.
CONDITIONS:
That all applicable conditions of Tentative
Tract No. 10814 be fulfilled.
2. That approval of Use Permit No. 1964 not be
effective until and unless Tentative Tract
No. 10814 is approved.
3. That development shall be in substantial
conformance with the approved plot plan,
floor plans and elevations.
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