HomeMy WebLinkAbout2008-53 - 5515 River AvenueRESOLUTION NO. 2008- 53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING MITIGATED NEGATIVE
DECLARATION (SCH NO. 2008 -021075) & APPROVING
TENTATIVE TRACT MAP NO. 2007 -001, MODIFICATION
PERMIT NO. 2007 -044, USE PERMIT NO. 2007 -011 AND
COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2007-
001 FOR PROPERTY LOCATED AT 5515 RIVER AVENUE (PA
2007 -100)
WHEREAS, an application was filed by Seashore Village, LLC requesting
approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use
Permit No. 2007 -011 and Coastal Residential Development Permit No. 2007 -001, with
respect to property located at 5515 River Avenue, and legally described as Lot 105 of
Tract 3812, to develop 12 detached, single -unit residential structures and 6 detached,
two -unit (duplex) residential structures (24 units total). The site is currently developed
with a 54 -unit apartment complex that would be demolished to accommodate the
proposed development. Project implementation requires the approval of the following
applications: 1) Tentative Tract Map No. 2007 -001 to create a 24 -unit condominium
subdivision; 2) Modification Permit No. 2007 -044 to allow encroachments into the
required front and side yard setback areas and a reduction in the required distance
between detached buildings; 3) Use Permit No. 2007 -011 to allow each of the 6 duplex
structures to exceed the City's base height limit; and 4) Coastal Residential
Development Permit No. 2007 -001 to ensure compliance with Government Code
Section 65590 (Mello Act), which regulates the demolition of low and moderate income
(affordable) dwelling units in the Coastal Zone; and
WHEREAS, at a noticed public hearing held on April 17, 2008, the Planning
Commission considered the application, plans and evidence, both written and oral, and
adopted a Mitigated Negative Declaration (Sch. No. 2008021075) and approved
Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No.
2007 -011 and Coastal Residential Development Permit No. 2007 -001, subject to
findings and conditions of approval; and
WHEREAS, on April 29, 2008, Mrs. Lennie DeCaro, an adjacent property owner,
appealed the Planning Commission's approval citing three main reasons for the appeal:
1) improper notice; 2) improper public hearing; and 3) improper approval; and
WHEREAS, a public hearing was held on June 10, 2008, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting; and
WHEREAS, the Land Use Element of the General Plan sets forth objectives,
policies and limitations for development in the City and designates the general
distribution and location of land uses and residential and commercial densities. The
Land Use Element designates the project site as Multiple -Unit Residential (RM) with a
maximum development limit of 51 dwelling units. The RM designation is intended to
provide primarily for mufti- family residential development and for development containing
attached or detached dwelling units. The proposed subdivision is consistent with this
designation; and
WHEREAS, the proposed subdivision is consistent with Land Use Policy 5.1.9
that requires multi - family dwellings be designed to convey a high quality architectural
character. The project has been designed to be compatible with the development
pattern and character of the surrounding neighborhood, which generally consists of two -
and three -story, single -unit and two -unit dwellings. Each unit will feature either a
"Craftsman" or "Plantation" architectural style. Architectural details and enhancements
(i.e. batt and board wood siding, louvered window shutters, decorative trim, and stone
veneer) will be provided on all building elevations. The 2nd floor facades are setback
from the 1st floor on the rear elevations and cantilevered over the 1St floor on the front
elevations, providing articulation and modulation to the building mass. The 3`d floor of
each building is setback from the front and rear elevations, towards the interior portion
of each building envelope, to reduce the visual mass of the structures as viewed from
the streets; and
WHEREAS, the proposed subdivision is consistent with Land Use Policy 6.2.9
that requires open space and recreational facilities to be integrated into and preserved
in private residential development. A majority of the units have been designed with
small (approx. 300 sq. ft.) front patio areas, which are comparable in size to the outdoor
living areas of the surrounding residential development within the neighborhood. All
units are provided useable and functional 2nd level and 3`d level deck spaces (ranging
between 48 and 154 sq. ft.). West Newport Park, an active recreational park, is located
immediately west of the project site and the beach is located approximately 120 feet
south of the site; both the park and the beach will provide additional recreational
opportunities. A condition of project approval has been included that prohibits any floor
area additions to the approved building envelopes, which will preserve open patio and
deck areas proposed for each unit and the common landscaped and open space areas;
and
WHEREAS, the Housing Element of the General Plan sets forth goals and
policies to facilitate the attainment of the City's Regional Housing Needs Allocations and
to foster the availability of affordable housing to all income levels to the greatest extent
feasible. The demolition of the older, non - conforming, 54 -unit apartment complex and
development of 24 condominiums, will result in a total reduction of 30 dwelling units. As
discussed in the Population and Housing section of the Initial Study prepared for the
project, there are approximately 43,851 housing units in the City, of which
approximately 5,462 units are vacant. The rental vacancy rate is estimated at 7.7
percent with approximately 3,337 rental units vacant (American Community Survey
2006). Therefore, the reduction and change in housing type is not considered
significant, as there are sufficient existing rental units available to absorb the displaced
rental units. Additionally, Housing Program 1.1.3 requires the replacement of housing
demolished within the Coastal Zone when housing is, or has been, occupied by low -
income or moderate - income households. A total of 6 rental units have been identified to
have been occupied by low- income and moderate- income households, which the
applicant will be required to replace at an off -site location with restrictions to maintain
their affordability for a minimum of 30 years; and
WHEREAS, the Coastal Land Use Plan (CLUP) of the Local Coastal Program sets
forth goals, objectives, and policies that govern the use of land and water in the coastal
zone and addresses land use and development, public access and recreation, and coastal
resources protection in accordance with the California Coastal Act. The proposed
subdivision is consistent with the CLUP for the following reasons:
The subject property is located within an existing developed area of the coastal
zone and the proposed project density of 16.1 units per acre is below the maximum
density limit of 30 units per acre established for the RH -A designation of the CLUP.
2. Public services and infrastructure are currently available and serve the proposed
development (8" sewer and water lines are located in both the Seashore Drive and
River Avenue rights -of -way), and all applicable improvements required by Section
19.28 (Subdivision Improvements) of the Subdivision Code are required to be
constructed by the applicant.
3. The proposed development has been designed to comply with all applicable Multi-
Family Residential (MFR) development regulations of the City's Zoning Code,
including density, floor area, open space, and parking, to insure design
compatibility with the surrounding neighborhood. Although deviations from the
required setbacks and the base height limit are proposed, these deviations will not
result in a site plan that is inconsistent with the character and development pattern
of the surrounding residential neighborhood.
4. The proposed project will not impact coastal resources nor the ability of the public
to reach, use or view the shoreline of coastal waters or inland coastal recreation
areas and trails.
5. The project includes 63 parking spaces, which exceeds the minimum parking
requirements of the Zoning Code.
6. Gated vehicular access is prohibited, and as a result, the internal roadway will
provide unrestricted vehicular access through the project from River Avenue and
Neptune Avenue and will not inhibit public access to the beach.
7. The project site is not located near the vicinity of a designated public view point
or coastal view road requiring view protection and will not impact any public
views or degrade the visual qualities of the coastal zone.
WHEREAS, subject property is located within the Multi - Family Residential (MFR)
Zoning District . The proposed detached, single -unit and two -unit residential structures
are permitted uses within this zoning designation. With the exception of the increased
setback encroachments, reduction in the minimum distance between buildings, and
building height increase, all of the applicable development regulations of the MFR
zoning regulations have been met; and
WHEREAS, Section 20.93.030 (Modification Permits) of the Newport Beach
Municipal Code requires findings and facts in support of such findings for approval of a
modification permit for the encroachments into the required 20 -foot front yard setbacks
and 25 -foot side yard setbacks, and deviation from the minimum 10 -foot building
separation. Such findings and facts to support such findings are as follows:
1. Finding: The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Facts in Support of Finding:
a. While the MFR District permits the proposed single -unit and two -unit
residences, the development setback and building separation standards were
intended to apply to larger, multiple -unit buildings, such as the 3 -story, 54 -unit
apartment building that exists on -site today. The legislative intent of required
setbacks is to ensure adequate light, air, privacy and open space for each
dwelling unit. Given that a larger, single structure building would result in more
visual and physical massing, a larger setback would be preferred for that
development type.
b. The applicant has proposed 24 single -unit and two -unit residences designed to
appear as if they were situated on individual 30 -foot -wide lots and setbacks
comparable to surrounding R -1 and R -2 lots. Utilizing the R -1 and R -2
development standards as a guide for determining acceptable setbacks and
building separation is appropriate in this case.
c. Given that the MFR District permits the proposed detached development, but
doesn't provide corresponding development standards, strict application of the
Code would result in a physical hardship that is inconsistent with the intent of
the Code.
2. Finding: The requested modification will be compatible with the existing
development in the neighborhood.
Facts in Support of Finding: The proposed project has been designed to appear
as if each unit is situated on a 30- foot -wide lot with setbacks comparable to the
surrounding R -1 and R -2 lots. Those reductions in the setbacks and building
separation to accommodate the smaller detached, residential units arguably results
in a site plan that is more compatible and consistent with the historic development
pattern of the area rather than a single, larger apartment - complex. The following
facts support compatibility of the proposed project with the existing neighborhood:
R -1, R -2, and 30 to 40- foot -wide MFR lots only require 3 to 4 -foot side yard
setbacks. The proposed 6 -foot separation between buildings within the project
is consistent with the required 3 -foot side yard setbacks of many of the 30 -foot
wide lots in the surrounding neighborhood, which results in a total distance of 6
feet between buildings.
b. The proposed project is designed to appear as if each unit is situated on a 30-
foot -wide lot, the setbacks provided to the east property line are consistent and
compatible with the required 3 -foot side yard setbacks of the surrounding 30-
foot and 40- foot -wide lots in the neighborhood. The single -unit building fronting
Seashore Drive that is proposed to encroach 21 feet into the required side yard
setback adjacent to the east property line will maintain a 4 -foot setback. The
duplex unit fronting River Avenue that encroaches 17.5 feet into the required
side yard setback adjacent to east property line will maintain a 7.5 -foot setback.
c. The 6 single -unit structures adjacent to West Newport Park are proposed to
encroach 15 feet into the required side yard setback, maintaining a 10 -foot
setback to the property line. Due to the orientation of these units, this setback
area is equivalent to their front yards and is consistent with the majority of the
front yard setbacks in the immediate vicinity of this project that range between 0
and 10 feet.
d. The 6 units fronting Seashore Drive are proposed to encroach 10 feet into the
required 20 -foot setback, maintaining a 10 -foot setback to the property line. The
proposed 10 -foot setback exceeds the required 0 to 5 -foot front yard setbacks
that are required on a majority of the properties fronting Seashore Avenue in the
immediate vicinity of this project
e. The 6 duplex structures and 1 single -unit structure adjacent to River Avenue are
proposed to encroach between 5 and 10 feet into the required 20 -foot setback,
maintaining a minimum 10 to 15 -foot setback to the property line. These
proposed setbacks are consistent with, or exceed, the required 5 to 10 -foot front
yard setbacks that are required on a majority of the other existing properties
fronting River Avenue in the immediate vicinity of this project.
3. Finding: The granting of such an application will not adversely affect the health or
safety of persons residing or working in the neighborhood of the property and will
not be detrimental to the general welfare or injurious to property or improvements
in the neighborhood.
Facts in Support of Finding:
a. The project has been designed to include setbacks comparable to the setback
requirements of the surrounding R -1 and R -2 lots. Similar setback and
distancing requirements are common throughout the City and have not proven
detrimental.
b. To minimize the impact of building heights on the neighboring R -2 properties, a
condition of project approval has been included requiring the two structures that
encroach into the side yard setback area immediately adjacent to the east
property line to incorporate hip roof features.
WHEREAS, the site is located in the 28/32 -foot height limitation zone that
permits buildings and structures to exceed the 28 -foot height limit up to a maximum of
32 -feet through the approval of a use permit. Ridges of pitched roofs are permitted to
exceed the height limit by 5 additional feet. The proposed project exceeds the 28 -foot
base height limit. The proposed roof midpoints of the 6 duplex buildings are at 28 feet 10
inches, as measured from the finished pad elevation. The ridges of the buildings are
comforming with a height of approximately 31 feet 4 inches measured from the finished
pad elevation. Section 20.65.055 of the Zoning Code requires the Planning Commission
to make certain mandatory findings in order to approve a use permit to exceed the base
height limit. Such findings and facts to support such findings are as follows:
1. Finding: The increased building height would result in more public visual open
space and views than is required by the basic height limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the percentage
of ground cover, and the treatment of all setback and open areas.
Facts in Support of Finding:
a. The 6 duplex units that are proposed to exceed the 28 -foot base height limit
have been designed with low- pitched gable roof lines, resulting in a maximum
midpoint elevation of 28 feet 10 inches (10 inches over the maximum limit)
and a maximum ridge elevation of 31 feet 4 inches (1 foot 8 inches under the
maximum ridge limit).
b. A conforming roof plan can easily be accomplished by designing a taller
structure with longer roof spans, thereby lowering the midpoint below the 28-
foot limit. This quirk in the City's method of measuring roof midpoints results
in conforming roof midpoints but increases the overall height of the building to
the maximum 33 -foot ridge limit. Therefore, the 10 -inch height increase to the
midpoint allowance actually results in a 1 -foot 8 inch overall height reduction
of the proposed buildings, resulting in increased public visual open space and
views than could otherwise be afforded with a conforming roof plan.
c. A single, large multiple -unit building that conforms to the minimum setbacks
and maximum height could be constructed, which would likely result in a more
visually massive and bulky structure. Such a project could result in a 63
percent total maximum lot coverage. The proposed project, with 18 smaller
detached single -unit and two -unit structures results in a substantially smaller
36 percent lot coverage. This reduction in lot coverage not only increases the
public visual open space and view opportunities through the site, but also
allows for increased landscaping of the site, which is proposed at 28 percent
of the lot (the existing development of the site provides only 14.4 percent
landscaping).
2. Finding: The increased building height would result in a more desirable
architectural treatment of the building and a stronger and more appealing visual
character of the area than is required by the basic height limit in any zone.
Facts in Support of Finding:
a. The low- pitched gable roof lines result in building heights that are generally
more compatible with the heights and architectural styles of the development
in the surrounding neighborhood.
b. The design of a conforming roof plan results in increased overall building
heights and visual massing as viewed from the street elevation and also
results in less desirable architectural treatment of the side elevations, with
more drastic roof lines that are less visually appealing.
3. Finding: The increased building height would not result in undesirable or abrupt
scale relationships being created between the structure and existing
developments or public spaces. Particular attention shall be given to the total
bulk of the structure including both horizontal and vertical dimensions.
Facts in Support of Finding:
a. The proposed street facing elevations will be scaled down by concentrating
the highest portions of the building mass away from the street frontages.
Through this design, the front and rear masses of the buildings are minimized
and allow more light and ventilation to the immediate neighbors.
b. With the exception of the existing R -2 properties to the east, the project site is
separated from other uses by River Avenue, Seashore Drive, and the West
Newport Park. This separation, in conjunction with the design of the buildings
to limit the bulk and mass of the third floor to the center of the lots, eliminates
any undesirable or abrupt scale relationships between the project and existing
developments.
c. A condition of approval has been included to minimize the impact of building
heights on the neighboring R -2 properties, requiring the roofs of the two
structures that encroach into the side yard setback area, immediately adjacent
to the east property line, to slope away from the R -2 properties with use of hip
roof features.
4. Finding: The structure shall have no more floor area than could have been
achieved without the use permit.
Facts in Support of Finding:
a. The proposed floor area ratio for the project is 1.23 FAR, which is below the
maximum of 1.75 FAR; therefore the project does not achieve any additional
floor area due to the additional height.
b. The additional allowance in height only affects roof lines and results in an
architecturally superior product than would be achieved through a roof design
that conforms to the height limit.
WHEREAS, the applicant is requesting the approval of a tentative tract map, for
condominium purposes, to create 24 airspace condominium units Pursuant to Section
19.12.070 of the City Subdivision Code, certain findings and facts in support of such
findings shall be made for approval of a tentative tract map. Such findings and facts to
support such findings are as follows:
1. Finding: That the proposed map and the design or improvements of the
subdivision are consistent with 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. The project is consistent with the Multiple Unit Residential General Plan
designation of the site.
b. The Public Works Department has reviewed the proposed tentative map and
believes it is consistent with the Newport Beach Subdivision Code (Title 19)
and applicable requirements of the Subdivision Map Act.
c. Conditions of approval have been included to ensure compliance with Title
19.
2. Finding: That the site is physically suitable for the type and density of
development.
Facts in Support of Finding:
a. The existing site is entirely developed and does not support any environmental
resources.
b. The site is relatively flat and based on the geologic investigation performed for
the site, no signs of unstable or expansive soils are evident, nor is the site
subject to erosion.
C. The geologic investigation revealed that the underlying soil of the site has a
significant liquefaction potential if subject to heavy vibration; however, mitigation
measures have been incorporated, as recommended by the site - specific
geotechnical investigation, that will reduce impacts to a less than significant
level.
d. The site is currently developed with multiple - family dwelling units at a density
greater than that proposed.
3. Finding: That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially and avoidably
injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the
decision- making body may nevertheless approve such a subdivision if an
environmental impact report was prepared for the project and a finding was made
pursuant to Section 21081 of the California Environmental Quality Act that
specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact report.
Facts in Support of Finding: A Mitigated Negative Declaration has been prepared
and concludes that no significant environmental impacts will result with proposed
development of the site in accordance with the proposed subdivision map.
4. Finding: 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:
a. The project consists of 24 residential units as permitted by the Zoning Code and
the General Plan.
b. No evidence is known to exist that would indicate that the planned subdivision
pattern will generate any serious public health problems.
c. All mitigation measures will be implemented as outlined in the Mitigated
Negative Declaration to ensure the protection of the public health.
5. Finding: 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:
a. An easement through the site will be retained by the City to ensure access
rights for public emergency and security ingresstegress, public utility
purposes, and weekly trash pick -up.
b. A 6 -foot sidewalk easement currently exists along the Seashore Drive
frontage and the applicant is required to construct full -width sidewalks.
c. No other public easements for access through or use of the property have
been retained for use by the public at large.
d. Public utility easements for utility connections that serve the project site are
present and will be modified, if necessary, to serve the proposed project.
6. Finding: 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: The site is not subject to a Williamson Act contract.
7. Finding: 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: The subject property is not located within the
boundaries of a specific plan.
8. Finding: 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:
a. Title 24 of the Uniform Building Code requires new construction to meet
minimum heating and cooling efficiency standards depending on location and
climate.
b. The Newport Beach Building Department will enforce Title 24 compliance
through the plan check and field inspection processes for the construction of
any future proposed residences.
9. Finding: 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:
a. To compensate for the demolition of 6 units currently occupied by persons of
lower or moderate income, the applicant will be required to replace the units
at an off -site location within the City for a minimum period of 30 years.
b. Public services are available to serve the proposed development of the site
and the Mitigated Negative Declaration prepared for the project indicates that
the project's potential environmental impacts are expected to be less than
significant.
10. Finding: 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:
a. Waste discharge into the existing sewer system will be consistent with the
existing residential use of the property and does not violate Regional Water
Quality Control Board (RWQCB) requirements.
b. 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.
11. Finding: 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:
a. The project has been designed and conditioned for consistency with the City's
Local Coastal Program Land Use Plan.
b. The project site is not located adjacent to the shoreline of the Pacific Ocean
and is not presently developed with coastal - related uses, coastal- dependent
uses or water - oriented recreational uses.
WHEREAS, Chapter 20.86 of the Zoning Code (Low and Moderate Income
Housing within the Coastal Zone) requires the processing of a coastal residential
development permit (CRDP) to ensure compliance with Government Code Section
65590 (commonly known as the 1982 Mellow Act). The Mellow Act prohibits the City
from approving the demolition or conversion of existing housing units occupied by low -
or moderate - income households located within the Coastal Zone, unless provisions are
made for their replacement with new affordable units. If feasible, all or any portion of the
replacement units must be located on the site of the demolished structure or elsewhere
in the Coastal Zone. If location on -site or within the Coastal Zone is not feasible, the
units must be located within three miles of the Coastal Zone's inland boundary; and
WHEREAS, based on an income survey performed in June of 2007 by the Las
Brisas property manager, Allen Properties, it was determined that a total of 6 units in the
existing apartment complex are occupied by low- and moderate- income households. It
has been determined to be feasible for the applicant to commit $1.35 million which the
applicant will use to provide a minimum of 6 affordable housing units at an off -site
location, or locations, for a minimum period of 30 years; and
WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have
been prepared in compliance with the Environmental Quality Act (CEQA), the State
CEQA Guidelines; and, City Council Policy K -3. The Draft MND was circulated for public
comment between February 21 and March 21, 2008. Comments were received from the
Southern California Gas Company, Native American Heritage Commission, Lennie
DeCaro, California Department of Transportation, and Department of Toxic Control
Substances. The contents of the environmental document, including comments on the
document, have been considered in the various decisions on this project; and
WHEREAS, on the basis of the entire environmental review record, the proposed
project will have a less than significant impact upon the environment and there are no
known substantial adverse affects on human beings that would be caused. Additionally,
there are no long -term environmental goals that would be compromised by the project,
nor cumulative impacts anticipated in connection with the project. The mitigation
measures identified and incorporated in the Mitigated Monitoring and Reporting
Program are feasible and reduce potential environmental impacts to a less than
significant level; and
WHEREAS, 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; and
NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Newport Beach does hereby find, on
the basis of the whole record, that there is no substantial evidence that the project will
have a significant effect on the environment and that the Mitigated Negative Declaration
reflects the City Council's independent judgment and analysis. The City Council hereby
adopts Mitigated Negative Declaration SCH No. 2008 - 021075, including the Mitigation
Monitoring and Reporting Program attached as Exhibit "A ". The document and all
material, which constitute the record upon which this decision was based, are on file
with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach,
California.
Section 2. Based on the aforementioned findings, the City Council hereby
approves Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use
Permit No. 2007 -011 & Coastal Residential Developm Permit No. 2007 -001, all subject
to the Conditions of Approval in Exhibit "B" attached reto and mpd"ereof.
PASSED, APPROVED AND ADOPTED THIS
A17 Ty%
CITY CLERK
MAYOR
Exhibit "A"
SEASHORE VILLAGE RESIDENTIAL PROJECT
MITIGATION MONITORING PROGRAM (SCH# 2008021075)
CITY OF NEWPORT BEACH
Measure
Air Quality
Seashore Village
Phase of I Responsible
1. The construction contractor for the property
During construction
City's Project
owner /developer shall implement additional dust
Manager in
control measures during demolition as follows:
coordination with
• The project contractor shall apply nontoxic
the Project
chemical dust suppressants (e.g., polymer
Construction
emulsion) to buildings being demolished to
Contractor
reduce fugitive dust from active demolition
activities.
• The project contractor shall prohibit
demolition activities when wind speed
exceeds 25 miles per hour.
• The project contractor shall install a
temporary construction fence and silt
barrier around the construction site as
shown in the Construction Staging and
Water Quality Control Plan submitted to the
City of Newport Beach for approval.
The project contractor shall install
construction tire wash areas at the entrance
to the project site on River Avenue and
Neptune Avenue. All construction clean -up
shall be done in construction sediment
basins. The construction fire wash area
shall be installed in accordance with the
Construction Staging and Water Quality
Control Plan submitted to the City of
Newport Beach for approval.
• The contractor will sweep adjacent streets
and roads a minimum of once per week.
• Material haul trucks leaving the project site
will have their loads either covered or
maintain a freeboard distance of two feet
from the stacked load to the top of the
trailer.
Cultural Resources
2. Prior to approval of a grading plan, the property
Preconstruction
City's Project
owner /developer shall submit a letter to the
Manager in
Planning Department, Planning Division,
coordination with
showing that a qualified archaeologist has been
the Project
hired to ensure that the following actions are
Construction
implemented:
Contractor
The archaeologist must be present at the
pregrading conference in order to establish
procedures for temporarily halting or
Seashore Village
Mitigation Monitoring Program
Mitigation Measure
Phase of
Implementation
Responsible
Monitoring Party
Completion
Date/lmhals
redirecting work to permit the sampling,
identification, and evaluation of artifacts if
potentially significant artifacts are
uncovered. If artifacts are uncovered and
determined to be significant, the
archaeological observer shall determine
appropriate actions in cooperation with the
property owner /developer for exploration
and /or salvage.
• Specimens that are collected prior to or
during the grading process will be donated
to an appropriate educational or research
institution.
• Any archaeological work at the site shall be
conducted under the direction of the
certified archaeologist. If any artifacts are
discovered during grading operations when
the archaeological monitor is not present,
grading shall be diverted around the area
until the monitor can survey the area.
A final report detailing the findings and
disposition of the specimens shall be
submitted to the City Engineer. Upon
completion of the grading, the
archaeologist shall notify the City as to
when the final report will be submitted.
3. The property owner /developer shall submit a
Preconstruction
City's Project
letter to the Public Works /Engineering
Manager in
Department, Development Division, and the
coordination with
Planning Department, Planning Division,
the Project
showing that a certified paleontologist has been
Construction
hired to ensure that the following actions are
Contractor
implemented:
The paleontologist must be present at the
pregrading conference in order to establish
procedures to temporarily halt or redirect
work to permit the sampling, identification,
and evaluation of fossils. If potentially
significant materials are discovered, the
paleontologist shall determine appropriate
actions in cooperation with the property
owner /developer for exploration and /or
salvage.
Specimens that are collected prior to or
during the grading process will be donated
to an appropriate educational or research
institution.
Any paleontological work at the site shall
be conducted under the direction of the
certified paleontologist. If any fossils are
discovered during grading operations when
the paleontological monitor is not present,
grading shall be diverted around the area
until the monitor can survey the area.
Seashore Village
Miti ation Monitoring Pro ram
Mitigation Measure
Phase of
Implementation
Responsible
Monitoring Party
Completion
Date/Initfals
A final report detailing the findings and
Manager in
disposition of the specimens shall be
coordination with
submitted. Upon the completion of the
the Project
grading, the paleontologist shall notify the
Construction
City as to when the final report will be
Contractor
submitted.
Geology and Soils
4. During construction, the construction manager
During construction
City's Project
shall ensure that measures listed in the
Manager in
geotechnical investigation (EGA Consultants,
coordination with
2007) or equivalent measures are implemented
the Project
to minimize the effects of liquefaction. The
Construction
measures shall include but are not limited to:
Contractor
Tie all pad footings with grade beams.
All footings should be a minimum of 24
inches deep, below grade.
Continuous footings should be reinforced
with two No. 5 rebar (two at the top and two
at the bottom).
Concrete slabs cast against properly
compacted fill materials shall be a minimum
of 6 inches thick (actual) and reinforced
with No. 4 rebar at 12 inches on center in
both directions. The reinforcement shall be
supported on chairs to insure positioning of
the reinforcement at mid - center in the slab.
• Dowel all footings to slabs with No. 4 bars
at 24 inches on center.
Hazards and Hazardous Materials.
5. Prior to demolition activity, a certified and
Prior to demolition
City's Project
licensed asbestos abatement contractor shall
Manager in
perform any removal of asbestos containing
coordination with
material (ACM). Also, an industrial hygienist
the Project
must be present to perform engineering control
Construction
and regulatory asbestos air monitoring during
Contractor
any abatement activity.
Noise
6. Demolition of the existing asphalt with a
During construction
City's Project
jackhammer within eight feet of the existing
Manager in
residential structures to the southeast of the site
coordination with
shall be prohibited. The construction contractor
the Project
shall utilize alternative asphalt demolition
Construction
methods such as a concrete saws and other
Contractor
nonvibratory construction equipment to remove
the pavement.
Exhibit "B"
Conditions of Approval
Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No.
2007 -011 & Coastal Residential Development Permit No. 2007 -001
(Project specific conditions are in italics)
Planning Department
1. The development shall be in substantial conformance with the plans stamped with the
date of this approval, except as modified by other conditions.
2. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. Project approvals shall expire unless exercised within 24 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in
accordance with applicable regulations.
5. The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
6. With the exception of the height modifications required per Condition No. 7, the floor
plans and building envelopes for each unit are approved as precise plans and future
floor area additions to the building envelopes shall be prohibited. The proposed open
patio and deck areas for each unit shall not be permitted to be enclosed and the
landscape and open space areas proposed throughout the development site shall be
preserved.
7. The two structures that encroach into the side yard setback area immediately adjacent
to the east property line shall be modified to incorporate design features (hip features)
to minimize building height impacts on the adjacent properties.
8. The applicant shall replace at least 6 affordable units within 3 years of the date of
issuance of a demolition permit. The units may be provided off -site at an approved
location, or locations, within the City. An amount not to exceed $1.35 million shall be
provided by the applicant and the applicant shall use such funds to replace at least 6
affordable units and to achieve a mix of income levels and bedroom counts, as
determined appropriate by the Planning Director. The applicant shall enter into an
agreement with the City to provide said units. The agreement shall be reviewed and
approved by the City Attorney and shall be executed and recorded prior to the
issuance of a demolition permit for the project.
9. Any very-low and low - income units provided in accordance with Condition No. 8
shall be maintained as rental units for a minimum period of 30 years. Any moderate
income units should be provided as `for - sale" units with a covenant maintaining the
affordability for a minimum period of 30 years.
10. Gated vehicular access through the site shall be prohibited.
11. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on -site lighting shall be shielded and confined within site boundaries. No direct rays
or glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have
zero cut -off fixtures and light standards shall not exceed 24 feet in height.
12.The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in
the opinion of the Planning Director, the illumination creates an unacceptable
negative impact on surrounding land uses or environmental resources. The Planning
Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
13. Prior to the issuance of a building permits, the applicant shall prepare photometric
study in conjunction with a final lighting plan for approval by the Planning
Department.
14.Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare specified in conditions of
approval Nos. 12 & 13.
15.AII proposed signs shall be in conformance with the provision of Chapter 20.67 of
the Newport Beach Municipal Code and shall be approved by the City Traffic
Engineer if located adjacent to the vehicular ingress and egress.
16. Trash container storage for the individual units shall be screened from view of
neighboring properties and public places, except when placed for pick -up by refuse
collection agencies. Trash containers shall not be located within the required parking
areas.
17.AII landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds
and debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
18. Prior to the issuance of a building permits, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Department and the General Services
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.
19. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
20. 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, attomey'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
Seashore Village Residential Development Project including, but not limited to, the
approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044,
Use Permit No. 2007 -011 & Coastal Residential Development Permit No. 2007 -001;
and /or the City's related California Environmental Quality Act determinations, the
certification of the Mitigated Negative Declaration and /or the adoption of a Mitigation
Monitoring Program for the project. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit attomeys' 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.
Building Department
21.The applicant shall be responsible for the payment of all applicable City plan check
and inspection fees.
22.The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
23. 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.
24. Prior to the issuance of the grading permit, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control Board
shall be given to the Building Department prior to issuance of grading permits.
25. 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 Department 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.
26.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.
Fire Department
27. The internal roadway shall be marked as a fire lane, per the direction and approval
of the Fire Department.
Public Works Department
28. A Final Tract Map (Map) shall be filed with the Public Works Department.
29.The Map shall be prepared on the California coordinate system (NAD88). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in
a manner described in Section 7 -9 -330. and 7 -9 -337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map
to be submitted to the City of Newport Beach shall comply with the City's
CADD Standards. Scanned images will not be accepted.
30. Prior to recordation of the Map, the surveyor /engineer preparing the Map shall tie the
boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
31. All applicable City fees shall be paid prior to the processing of the Map.
32. Construction surety in a form acceptable to the City, guaranteeing the completion of
the various required public improvements, shall be submitted to the Public Works
Department prior to issuance of the Public Works Department approval of building
plans.
33. Easements for weekly trash pick -up by City crews shall be dedicated as part of the
Map.
34. Easements for public emergency and security ingress/egress, and public utility
purposes on private streets shall be provided to the City.
35.All improvements shall be constructed as required by Ordinance and the Public
Works Department.
36. A new full -width sidewalk shall be constructed within the limits of the existing Utilities
and Sidewalk easements along Seashore Drive fronting the project site. Existing
City street trees shall be removed to accommodate the sidewalk construction.
37. New City - designated street trees shall be planted along the River Avenue frontage.
All street trees shall be planted per City Standards and guidelines provided by the
City General Services Department.
38. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements.
39. On-site runoff shall be retained on -site.
40. Private storm drain piping shall not connect directly to the City's storm drain catch
basin.
41.A11 on -site utilities shall be owned, operated, and maintained by the
community /association.
42. Each unit shall be served by its individual water meter and sewer lateral and
cleanout. Each water meter and sewer cleanout in the vehicular traveled -way shall
be installed with a traffic -grade box and cover.
43. Individual water services per City Standards shall be provided in lieu of manifolds.
44. All on -site parking, vehicular and pedestrian circulation systems shall be reviewed by
the City Traffic Engineer.
45. The parking layout shall be in conformance with City Standard 805 -L -A and 805 -L -B.
46. An ADA compliant public pedestrian pathway, from River Avenue to Seashore Drive,
shall be provided through the development site.
47. The vehicular pathways shall be designed to support a fully loaded large trash truck.
48.Adequate turning radii and width shall be provided for large trash truck travel paths.
49.AII improvements (including, but not limited to, the landscaping in the parking lot
area and ingress /egress points to the development site) shall comply with the City's
sight distance requirement (City Standard 110 -L).
50.AII abandoned driveway approaches shall be removed per City Standard 165 -L.
51.All new driveway approaches shall comply with Council Policy L -2 and constructed
per City Standards.
52. Reconstruct any existing broken /damaged sidewalk, curb and gutter fronting the
development per City Standards.
53. No permanent structures can be built within the limits of the Utilities and Sidewalk
easement.
54. The construction work cannot impact the free flow of pedestrian and vehicular traffic
between Memorial Day and Labor Day. The staging and parking of all construction -
related equipment and vehicles shall take place on -site, and NOT in the public right -
of -way or City property.
55.A // utility service connections serving this development shall be made underground.
56. In case of damage done to public improvements surrounding the development site
by the private construction, additional reconstruction within the public right -of -way
may be required at the discretion of the Public Works Inspector.
57. The streets surrounding the project site is on the City's street/alley -cut Moratorium
List. Any damage done to said roadways by the project will require substantial
pavement repair work to be fully paid for by the Developer.
58.An encroachment permit is required for all work activities within the public right -of-
way.
59.An encroachment agreement shall be applied for and approved by the Public Works
Department for all non - standard private improvements within the public right -of -way.
60. The intersection of the internal roadways with River Avenue shall be designed to
provide adequate sight distance per City of Newport Beach Standard Drawing STD -
110-L. Slopes, landscaping, walls, signs and other obstructions shall be considered
in the sight distance requirements. Landscaping within the sight lines (sight cone)
shall not exceed 24- inches in height and the monument identification sign must be
located outside the line of sight cone. The sight distance may be modified at non-
critical locations, subject to approval by the Traffic Engineer.
61. The internal roadway shall be a minimum of 26 feet wide, unless otherwise approved
by the Traffic Engineer. The internal roadway shall align with Neptune Avenue. The
internal roadway curb cut on River Avenue shall be 26 feet wide minimum and
modified to comply with current ADA standards.
62. Guest parking stalls shall be 8.5 feet by 17 feet minimum. Parking stalls adjacent to
walls or other obstructions shall be 9- foot -wide minimum.
63.0n -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
64. The Califomia Vehicle Code shall be enforced on the private streets and drives, and
that the delineation acceptable to the Police Department and Public Works
Department be provided along the sidelines of the private streets and drives.
65. Prior to recordation of the Map . park dedication fees for 24 dwelling units shall be
paid in accordance with Chapter 19.52 of the Newport Beach Municipal Code. This
fee shall be paid at the time the map is submitted to the Public Works Department
for plan check.
Mitigation Measures
66. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (SCH No. 2008 - 021075) for the project.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2008 -53 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
10th day of June 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webh, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of June 2008.
(Seal)
r
-2�
City Clerk
Newport Beach, California