HomeMy WebLinkAbout2013-78 - Approving Site Development Review No. SD2013-001 and Tentative Tract Map No. NT2013-001 for the Lido Villas Project Located at 3303 and 3355 Via Lido (PA2012-146)RESOLUTION NO. 2013 -78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING SITE DEVLOPMENT
REVIEW NO. SD2013 -001 AND TENTATIVE TRACT MAP
NO. NT2013 -001 FOR THE LIDO VILLAS PROJECT
LOCATED AT 3303 AND 3355 VIA LIDO (PA2012 -146)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS,
1. 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 adoption of a mitigated negative declaration and
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. A site development review
and tentative tract map are required to allow the development of the 23 unit
condominium project on the project site.
3. The requested General Plan Amendment and Coastal Land Use Plan Amendment for
3303 Via Lido to the RM (Multi -Unit Residential) land use designation will provide
consistency with the proposed land use and development for the project site. The
requested Zoning Code amendment for both parcels on the project site to the PC
Zoning District and adoption of the Lido Villas Planned Community will provide
consistency with the proposed land use and development for the project site.
4. The Planning Commission considered a staff report on the application 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 Municipal Code. The Planning Commission
continued the item to the September 5, 2013, Planning Commission Meeting.
5. A public hearing was held by the Planning Commission 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 hearing. At the conclusion of
the public hearing, the Planning Commission voted (7 ayes and 0 noes) to adopt
Planning Commission Resolution No. 1921 recommending City Council adoption of
the Mitigated Negative Declaration and approval of the General Plan Amendment,
Coastal Land Use Plan Amendment, Zoning Code Amendment, Site Development
Review, and Tract Map.
6. A public hearing was held by the City Council on November 12, 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 .City Council at this hearing.
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 City Council in its review of the proposed project.
3. 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.
5. The City Council finds that judicial challenges to the City's CEQA determinations
and approvals of land use projects are costly and time consuming. In addition,
project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is
appropriate that such applicants should bear the expense of defending against
any such judicial challenge, and bear the responsibility for any costs, attorneys'
fees, and damages which may be awarded to a successful challenger.
Therefore, to the fullest extent permitted by law, applicant and property owner
shall defend, indemnify, release and hold harmless the 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 the project, the project`s approval based on the City's
CEQA determination and /or the City's failure to comply with the requirements of
any federal, state, or local laws, including, but not limited to, CEQA, General Plan
and zoning requirements. 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, or proceeding whether
incurred by applicant, City, and /or the parties initiating or bringing such
proceeding.
SECTION 3. REQUIRED FINDINGS.
Site Development Review
A site development review is required pursuant to Section 20.52.080 (Site Development
Review) of the Zoning Code for the construction of five or more residential units
processed in conjunction with a tentative tract map. 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 project, consisting of a a 23 -unit condominium project is consistent
with the proposed Lido Villas Planned Community Zoning District that allows 23
residential condominium units.
A -2. The existing discretionary approvals on the project site will be rescinded because
these uses are no longer supported by the land uses and development
authorized under the Lido Villas project. These approvals will become null and
void upon the demolition of the existing development on the project site.
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 rights) -of -way and
compliance with Section 20,30. 100 (Public View Protections); and
Facts in Support of Finding:
B-1. The project is consistent with the 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 for the project site.
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 as promoted by the General Plan.
B -5. Mechanical equipment for the residential units has been located within
enclosures at the roof level to reduce noise impacts and the enclosures will
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
development 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 fagades 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 are 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.
B -12. The project will relocate three on- street parking spaces along Via Malaga,
resulting in no loss of on- street parking spaces currently provided. 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 will provide adequate sight distance at each driveway, as determined by
the City Traffic Engineer and as required by the conditions of approval.
B -13. 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 for parking circulation and all setback areas are otherwise
landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are
utilized to help soften and buffer the massing of the condominium units.
Landscaping consists of drought tolerant landscaping, consistent with the
standards prescribed by the Lido Village Design Guidelines.
B -14. New street trees will be provided along all three street frontages adjacent to Via
Lido, Via Malaga, and Via Oporto.
B -15. 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 -16. The proposed residential development provides a series of common outdoor
living areas that includes open plazas and landscaped seating areas between the
residential buildings. 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 -17. 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.
. .
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.
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 vehicular access
points and providing an architecturally pleasing project with articulation and
building modulation 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 (Outdoor Lighting) 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 public rights -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:
_....... _._..
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.
Facts in Support of Finding:
A -1. The proposed project, consisting of a a 23 -unit condominium project is consistent
with the proposed Lido Villas Planned Community Zoning District that would
allow 23 residential condominium units.
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 subject to conditions of
approval 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 Quatemary alluvial and fluvial sedimentary
deposits and the area of the subject site is considered seismically active.
Groundwater was measured at approximately 5 feet 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 recommendations for construction of
the proposed project to ensure the safety and suitability of the proposed
development that will be implemented during project design and 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.
8 -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.
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 29081 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.
G2. 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.
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 enforced.
_•
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 private main
within the project site that will connect to an existing public 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.
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.
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:
N -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.
r s
1. 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 shareand park fees for the development of the new dwelling units
as conditions of approval.
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 and will be applied and
enforced.
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.
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.
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 due to the change from PI to RM (loss of an
existing religious institution). The majority of the 1.2 acre project site is currently
designated for Multiple -Unit Residential (RM -D) land uses. 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 and existing public street parking is not
reduced.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
hereby resolves as follows:
The City Council of the City of Newport Beach hereby approves Site Development
Review No. SD2013 -001 and Tentative Tract Map No. NT2013 -001, subject to the
conditions of approval, attached as "Exhibit A ".
Site Development Review No. SD2013 -001 and Tentative Tract Map No. NT2013-
001 shall not become effective until the effective date of approval by the California
Coastal Commission of the amendment to the Coastal Land Use Plan, LC2013-
001.
3. This resolution supersedes Use Permit No. UP1208 and Variance No. VA489 for
3303 Via Lido and Use Permit No. UPI 963, Use Permit No. UP0913, Use Permit
No. UP0315, Use Permit No. UP0202, Use Permit No. UP0034, Variance No.
VA0261, Variance No. VA0911, Telecom Permit No. TP2011 -001 (PA2011 -002),
and Abatement Extension (PA2011 -153) for 3355 Via Lido, which upon issuance
of demo permits for the existing development, shall become null and void.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
the 12th day of November, 2013.
ATTEST:
Keith D. Curry, Mayor
"IJ ;1
Leilani I. Brown, City Clerk
EXHIBIT "A„
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.)
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.
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. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval. 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
approval.
4. 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. A credit for
the existing commercial square footage shall be applied toward this fee and any
remaining balance shall be charged to the applicant.
5. 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.
6. 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 as provided in Exhibit
"B" of City Council Resolution No. 2013 -76 for the project.
7. The floor plans and building envelopes for each residential unit are approved as
precise plans, unless minor revisions are approved by the Community
Development Director. Revisions may not authorize floor area additions or
changes to the building envelopes. 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.
8. A total of 46 enclosed garage parking spaces and 12 ground level guest parking
spaces shall be provided as illustrated on the approved plans.
9. 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).
10. 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.
11. 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.
12. 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
11 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,
inform and notice the responsible party, and, as appropriate, cite the responsible
party and/or shut off the irrigation water.
14. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards
15. 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.
16. 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.
17. All parking area and walkway light fixtures shall be full cut -off fixtures.
18. 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.
19. 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.
20. 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.
21. Storage outside of buildings in any parking areas, landscape areas, or setback
areas shall be prohibited.
22. 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.
23. 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.
24. 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.
25. 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
26. 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
refer to Newport Beach Guideline C.01 and C.02 for fire lane requirements and
approved marking of fire lane.
27. 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.
28. Fire Department connections are required to be located within 150 feet of a
public hydrant.
29. Smoke detectors are required and are to be located as per the California Building
Code,
Building Division Conditions
30. 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 Califomia Building Code. The construction plans
must meet all applicable State Disabilities Access requirements.
31. 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.
32. Prior to the issuance of building permits, accessible parking shall be provided
within the common parking area.
33. 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.
34. 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.
35. 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.
36. Prior to the issuance of building permits, mechanical units shall comply with
sound rating requirements.
37. 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.
38. The applicant shall employ the following best available control measures
( "BACNis ") to reduce construction- related air quality impacts:
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.
39. 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.
40. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) 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.
41. 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.
42. 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
43. 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.
44. 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 CARD
standards. Scanned images will not be accepted.
45. Prior to recordation of the parcel map, the surveyorlengineer 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.
46. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
47. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk
panels, curb and gutter along the Via Oporto, Via Malaga, and Via Lido
frontages.
48. 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.
49. 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.
50. All existing private, non - standard improvements within the public right -of -way (i.e,
non- standard sidewalks and brick paving) and /or extensions of private, non-
standard improvements into the public right -of -way fronting the development site
shall be removed. Reconstruct the improvements per City Standard.
51. 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.
52. 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 the way 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.
51 An encroachment permit is required for all work activities within the public right -
of -way.
54. 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 and shall be revised to comply
with this standard.
55. 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.
56. All on -site drainage shall comply with the latest City Water Quality requirements.
57. AMR (Automated Meter Reading) water meters shall be installed at owner's
expense.
58. Project shall maintain a looped water system through the project site. The water
line shall connect to the 6 -inch main in Via Malaga,
59. Service lines shall be a minimum of 10 inches and the City does not permit half
sized lines.
60. Irrigation and meter fire service, if proposed, shall be protected by a City
approved backflow assembly.
61. Lampholes shall be installed at all main line dead ends.
62. All unused sewer laterals shall be capped at the property line.
63. All unused water services shall be capped at the main (corporation stop).
64. No trees shall be planted within a public utilities easement.
65. Water and sewer mains shall have a minimum separation of 10 feet.
66. Water service laterals and sewer laterals shall have a minimum separation of 5
feet.
67. The relocation of the project driveway on Via Oporto will require a street light
relocation. The applicant shall install a new street light per City Standard and any
new street lights shall match the existing street lights in the surrounding area.
68. Edison vents along Via Malaga shall be relocated as part of the proposed project.
One vent is located within the project's proposed driveway.
69. 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).
70. Any non - standard improvements within the easement areas require an
Encroachment Agreement with the City.
71. 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.
72. Tree types and sizes shall be clearly identified on the improvement plans.
73. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
74. Prior to issuance of building permits for the construction of 23 dwelling units, the
Final Tract Map shall be recorded to merge the underlying parcel lines and
establish a 23 -unit condominium tract.
75. In compliance with the requirements of Chapter 9.04, Section 505.1 (Premises
Identification), 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.
76. County 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.
77, 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.
78. 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
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.
i. 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } M
CITY OF NEWPORT BEACH }
1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -78 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 12"' day of November, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13"' day of November, 2013.
4* - rft�--
City Cler
Newport Beach, California
(Seal)