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HomeMy WebLinkAbout5.0.1 - Draft Resolution - PA2014-110 Attachment No. PC 1 Draft Resolution — Approval 19 V� Q� `-� �,P �� �� �P ,`�O �� �� �o RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2015-002 AND APPROVING TENTATIVE TRACT MAP NO. NT2014-002, PLANNED DEVELOPMENT PERMIT NO. PL2015-001, AND TRAFFIC STUDY NO. TS2014- 007 FOR THE CONSTRUCTION OF 81 SINGLE-UNIT RESIDENTIAL CONDOMINIUMS LOCATED AT 1560 PLACENTIAAVENUE (PA2014-110) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ebb Tide, LLC., with respect to property located at 1560 Placentia Avenue, and legally described as a portion of Lot 714 of First Addition to Newport Mesa Tract, requesting approval of a Tentative Tract Map, Planned Development Permit, and Traffic Study. 2. The applicant proposes the relocation or demolition of 73 mobile homes, and the construction of 81 single-unit residential condominiums, private streets, common open space, and landscaping on a 4.7-acre site. The application includes a request to exceed the 28-foot flat roof height limit by approximately 10 feet under the provisions of Zoning Code Section 20.28.060 (Height Overlay District). 3. The subject property is located within the Multiple Residential (RM) Zoning District in the Height (H) Overlay District, and the General Plan Land Use Element category is Multiple Residential (RM). 4. The subject property is not located within the coastal zone. 5. On January 27, 2015, the City Council deemed a Relocation Impact Report (RIR) adequate prior to the closure of the mobile home park pursuant to Government Code Section 65863.7. 6. A public hearing was held on August 6, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration (IS/MND) have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3. 21 Planning Commission Resolution No. Page 2 of 28 2. The draft Mitigated Negative Declaration was circulated for a 30-day comment period beginning on July 2, 2015, and ending on July 31, 2015. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. 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 effects 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. 4. The Mitigated Negative Declaration attached as Exhibit "A" and Mitigation Monitoring and Reporting Program attached as Exhibit "B" are hereby adopted. The document 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. SECTION 3. REQUIRED FINDINGS. Tentative Tract Map In accordance with Section 19. 70 ( kquirJFindings for Action on Tentative Maps) of the Newport Beach Municipal Code, a dings and facts in support of a tentative tract map are set forth: Finding: 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: 1. The Land Use Element of the General Plan designates the site as Multiple Residential (RM), which is intended to provide for areas appropriate for multiple-unit residential developments containing attached or detached dwelling units. The General Plan Land Use Element Figure LU8 allows a maximum density of 18 dwelling units per acre. The proposed project does not exceed the maximum allowable density of 84 units (4.7 X 18). 2. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires multi-family dwellings to be designed to convey a high quality architectural character in regards to building elevations, ground floor treatment, roof design, parking, open 03-03-2015 22 Planning Commission Resolution No. Page 3 of 28 space, and amenities. The ground treatment principles are not applicable because the dwelling unit entrances face the interior private streets. Parking is provided as attached garages integrated with the residential structures, while the guest spaces throughout the site are uncovered. Consistency with the remaining principles of LU 5.1.9 is ensured through compliance with development standards and the Planned Development Permit. 3. The proposed project is consistent with General Plan Policy LU 6.6.2, which promotes the development of a mix of residential types and building scales as the proposed project includes a detached product type that will contribute to the variety of housing types in the West Newport Mesa area. 4. The subject property is not located within a specific plan area. 5. The Public Works Department has reviewed the proposed tentative tract map and found it consistent with the Newport Beach Subdivisi6n Code (Title 19) and applicable requirements of the Subdivision Map Act. 6. The applicant will provide an in-lieu park dedication fee pursuant to Chapter 19.52 (Park Dedications and Fees), as required for park or recreational purposes in conjunction with the approval of a residential subdivision. The existing mobile home park has 73 mobile home spaces and the proposed project would increase the number of dwelling units to 81. The in-lieu park fee would be required for the eight additional dwelling units. Credit for the existing residential units is provided because the impact to park services is related to the increase in residents associated with the new units. 7. Conditions of approval have been included to ensure compliance with Title 19. Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The 4.7-acre site is regular in shape, has a slope of less than 20 percent, and is not within a zone deemed to be subject to seismically induced liquefaction potential. The site is large enough to accommodate the density proposed in compliance with all applicable Zoning requirements. The site is suitable for the type and density of development proposed in that the infrastructure serving the site and surrounding area has been designed and developed to accommodate the proposed project. As required by Condition of Approval Nos. 25 and 28, a drainage study and sewer demand study will be prepared to ensure that the storm drain and sewer main are adequate, and upgrades will be required if the infrastructure is not adequate. 03-03-2015 23 Planning Commission Resolution No. Page 4 of 28 Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. The proposed project is not located near fish or wildlife habitat and the design of the subdivision will not cause substantial damage to habitat. An IS/MND has been prepared for the project consistent with the implementing regulations of CEQA. 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 and hazardous materials. The mitigation measures identified in the IS/MND are feasible and reduce potential environmental impacts to a less than significant level. The site is developed in a highly urbanized area and no significant natural resources exist on the project site or in the area of the project site. eA qpm , 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: 1. The proposed Tentative Tract Map is for condominium purposes. All construction for the project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Municipal Code Section 19.28.010 (General Improvement Requirements) and Section 66411 (Local agencies to regulate and control design of subdivisions) of the Subdivision Map Act. Furthermore, the proposed project conforms to all applicable City ordinances. 2. Mitigation measures identified in the IS/MND reduce potential impacts associated with air quality, cultural resources, and hazards and hazardous materials to a level that is less than significant. 3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 03-03-2015 24 Planning Commission Resolution No. Page 5 of 28 Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. The design of the development does not conflict with any easements acquired by the public at large for access through or use of property within the proposed development as there are no public easements that are located on the property. Sufficient site access is provided from the abutting public right-of-way (Placentia Avenue) with the proposed parcel map. 2. Public improvements, including removal and replacement of damaged concrete curb, gutter, and sidewalk along Placentia Avenue will be required of the applicant pursuant to the Municipal Code and the Subdivision Map Act. Each residential unit will be required to provide separate water service/meter and sewer lateral and cleanout. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: 1. The property is not subject to the Williamson Act. The subject property is not designated as an agricultural preserve and is less than 100 acres. Finding: G. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. 03-03-2015 215 Planning Commission Resolution No. Page 6 of 28 Facts in Support of Finding: 1. California Business and Professions Code Section 11000.5 was repealed by the Legislature in 2006 via Assembly Bill 2711. However, the proposed subdivision is not a "land project," as defined in prior California Business and Professions Code Section 11000.5 because it does not consist of 50 or more parcels. 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: 1. The proposed Tentative Tract Map includes detached dwelling units with open space, private streets, and walkways further separating the units. The proposed subdivision design allows for solar access and future passive or natural heating and cooling opportunities. The proposed building height is 38 feet, which is compatible with other structures in the area. Of the 81 units, 59 are aligned east-west and all units will have sufficient setbacks to provide southern exposure. 2. The proposed improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards based on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: 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. The maximum residential density allowed for the site will remain unchanged with project approval. The proposed 81 dwelling unit project is consistent with the RM General Plan land use designation which allows a maximum of 84 residential units on the property. The minor reduction in units will not affect the City's ability to meet its regional housing goals. 03-03-2015 20 Planning Commission Resolution No. Page 7 of 28 Finding: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. Wastewater discharge from the project into the existing sewer system has been designed to comply with the Regional Water Quality Control Board (RWQCB) requirements. 2. A National Pollutant Discharge Elimination System (NPDES) permit is required from the RWQCB for the proposed construction activities. Additionally, a Water Quality Management Plan (WQMP) has been prepared, pursuant to the requirements of the NPDES permit. 3. 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 will specify the Best Management Practices (BMP's) that the project will 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. 4. The conditions of approval include the requirement for a sewer demand study to determine if the existing sewer main on Placentia Avenue will be able to handle the sewage flows from the proposed development. 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. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Facts in Support of Finding: 1. The subject property is not located within the Coastal Zone. Planned Development Permit In accordance with Section 20.52.060 (Planned Development Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: 03-03-2015 27 Planning Commission Resolution No. Page 8 of 28 Finding: L. The proposed development would: a. Include only uses allowed within the base zoning district, b. Be substantially consistent with the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan; c. Be substantially consistent with the purpose and intent of the base zoning district; d. Include sustainable improvement standards and protection of environmental resources; and e. Be compatible with other development within the zoning district and general neighborhood of the proposed project. Facts in Support of Finding: 1. The Land Use Element of the General Plan and the Zoning Code designate the site as Multiple Residential (RM), which is intended to provide primarily for multiple-unit residential developments containing attached or detached dwelling units. The proposed 81-unit detached residential development is consistent with these designations. 2. See Facts Al, A2, and A3 in support of this finding. 3. The subject property is not located within a specific plan district. 4. The proposed project is consistent with the development standards within Section 20.18.030 (Residential Zoning Districts General Development Standards), including density, lot area, lot width, floor area, setbacks, open space, and parking. The proposed two-car garages for provide a clear interior dimension of 17 feet 6 inches wide by 19 feet deep, which is the minimum size required for narrow lots pursuant to Section 20.40.090 (Parking Standards for Residential Uses). The Planned Development Permit can authorize the minimum interior dimensions requested as part of the application due to the lot configurations and condominium plan proposed. Each residential unit is approximately 21 feet wide with 6-foot separations between the adjacent units; therefore, it is appropriate to apply the narrow lot garage standards. In addition, each garage is slightly larger is areas (approximately 20 feet by 20 feet) to allow for refuse container storage. The proposed setbacks are consistent with the purpose and intent of the RM district and the deviations are allowed with an approved Planned Development Permit. Setbacks ensure adequate light and air between structures. The proposed 13-foot setback is adequate and compatible with surrounding uses. The increased building height is allowed with an approved Planned Development Permit if certain findings can be made. See Facts in support of Findings R-X in support of the increased building height. 5. The proposed project includes a 15-foot landscaped setback at the front property line with an additional 10-foot setback or greater to the buildings, site walls and landscaping along the side and rear property lines, and adequate setbacks between structures and from the property lines. The proposed height is compatible with the 03-03-2015 22 Planning Commission Resolution No. Page 9 of 28 single-, two-, and three-story multiple-unit residential, industrial, medical, and commercial uses in the general neighborhood. The property to the north, within the city of Costa Mesa, is in an area which allows live/work units up to 60 feet in height. The nearest existing structure to the north is more than 30 feet from the property line. The property to the southwest is an apartment development facing Placentia Avenue and is two stories with sloped roofs and heights estimated at 28 feet. The structures on abutting properties to the south are between 15 and 25 feet away from the property line. Within 400 feet of the southerly property line and 250 feet of the easterly property line there are four-story medical office buildings exceeding 38 feet in height. 6. The structures are designed to be energy efficient and will allow for the future installation of photovoltaic solar panels. Finding: M. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. Facts in Support of Finding: 1. The proposed project provides increased open space compared to the minimum required by the Zoning Code, additional landscaped areas, and recreational amenities including a pool and spa, lounge areas, seating and gathering areas, shade structures, and an outdoor kitchen area. The proposed project will provide quality building design through complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood-like siding, stucco, and metal/steel elements. The colors of the materials will include white, beige, and brown, with red, blue, green, and grey accent colors. Any stucco on the building will have a smooth finish. The reduction in side setbacks by two feet allows for increased separation between buildings, walkways, landscaping, and an efficient vehicular access design with the private streets. 2. The increased height allows for additional private open space on roof decks above three-story structures. The total gross floor area for all units is significantly below what is allowed for the site, and the vertical design allows for significant building separation and open space throughout the site. The added height also allows for taller floor to ceiling heights common in today's housing market providing better livability within the larger rooms provided. Finding: N. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. 03-03-2015 �9 Planning Commission Resolution No. Page 10 of 28 Facts in Support of Finding: 1. The subject property is 4.7 acres, rectangular in shape, and has a slope of less than 20 percent, which is adequate to accommodate the proposed 81 detached dwelling units, private streets, open space, and landscaping within the minimum and maximum density allowed by the Zoning Code and General Plan. Finding: O. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses. Facts in Support of Finding: 1. The proposed project provides adequate separation from structures to adjacent properties. The recreational area is located towards the center of the property, which will reduce any potential noise or odor impacts to the neighborhood. 2. The conditions of approval will ensure compliance with applicable rules and regulations, reduce potential lighting gare impacts, and ensure maintenance of landscaping. V)OWN _ Finding: P. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and/or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc. Facts in Support of Finding: 1. The site design includes a mix of east-west and north-south oriented buildings that provide variety of structure placement to promote visual interest. The proposed dwelling units each have a separate entrance. The units range in size between 2,170 and 2,572 square feet of gross floor area. Private open space is provided for each unit by back yards, second floor decks, and roof decks. The total private open space per unit varies for each plan type and unit, but each unit significantly exceeds the minimum requirement. The back yards are approximately 300 square feet. The second floor decks range from 45 to 172 square feet and the roof decks range from 393 to 846 square feet. Each unit includes a 2-car garage and 44 guest parking spaces are provided throughout the site. 03-03-2015 so Planning Commission Resolution No. Page 11 of 28 2. A recreational area is provided for the residents for use by both adults and children, including a pool/spa, restroom, seating and lounge areas, a barbeque, entertainment counter, wood deck areas, turf area, enhanced paving, short-term bicycle parking, and landscaping. Landscaping is proposed throughout the site, with significant plantings along the front and side property lines, at the project entrance, and in the recreational area. 3. The proposed design includes several complementary materials, building articulation and modulation, and varied roof planes to provide increased visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood-like siding, stucco, and metal/steel elements. The structures are designed to be energy efficient and compatible with future installation of photovoltaic solar panels. A minimum of 70 percent of the landscaping will be drought tolerant with low water demands. Finding: Q. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. Facts in Support of Finding: V*>*N** 1. The project is located in the RM Zoning District in the West Newport Mesa area and is compatible with the existing and allowed uses in the area including multiple-unit residential, industrial, medical, and commercial uses. The project meets the minimum and maximum density standards of the Zoning Code and General Plan. The maximum floor area allowed pursuant to Section 20.18.030, Table 2-3 is 336,682 square feet, and the proposed project includes a total of 191,100 square feet. 2. The use will remain residential and the operational characteristics will not change remarkably as a result of the proposed project; and the use will remain compatible with the allowed multiple-unit residential, industrial, medical, and commercial uses in the vicinity. 3. The proposed subdivision provides a driveway aligned with Production Place, which will promote safe and convenient vehicle entry. 4. The proposed design as shown in architectural drawings includes several complementary materials, building articulation and modulation, and varied roof planes to provide visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood-like siding for enhanced durability, stucco, and metal/steel elements with several materials used on each elevation to provide visual interest. With the quality design, proposed setbacks, landscaping, open space, and the total floor area significantly below the allowed gross floor area, the 03-03-2015 31 Planning Commission Resolution No. Page 12 of 28 proposed project with parapet heights at up to 38 feet is compatible with the existing and future uses in the area. 5. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views). Height In accordance with Section 20.30.060 (Height Limits and Exceptions) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: R. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities incde, but are not limited to: i. Additional landscaped open space; ii. Increased setback and open areas; iii. Enhancement and protection of public views. Facts in Support of Finding: 1. Pursuant to Section 20.18.030, multiple-unit residential projects are required to provide 75 square feet per unit of common open space and 5 percent of the gross floor area for each unit of private open space; the proposed project exceeds both requirements. The common open space is provided in the recreational area towards the center of the property and provides over 3,000 square feet above the minimum requirement. Landscaping is proposed throughout the site, with significant plantings along the front and side property lines, at the project entrance, and in the common recreational area. Walkways and additional landscaping are also provided along the private streets. The back yards are fenced in for each unit providing private open space and these yards will be landscaped. 2. The required front setback along Placentia Avenue is 20 feet. A 6-foot high subdivision wall is located 15 feet from the front property line with landscaping between the wall and public sidewalk. The proposed front setback includes a 15-foot landscape setback and an additional 10-foot or greater setback to the buildings that is provided as a rear yard to the units along Placentia Avenue. The proposed residential units are three stories with a roof deck. The roof decks provide additional private open space beyond the minimum code requirements and allow residents enjoy panoramic views, including views of the Pacific Ocean. The recreational area, walkways, private streets, guest parking, and setbacks between structures provide increased setback and open areas throughout the property. 3. The increased building height allows for 9- and 10-foot ceiling plate heights that are common in today's housing market and is a desirable amenity. The higher ceilings 03-03-2015 32 Planning Commission Resolution No. Page 13 of 28 increase natural light within the buildings, improve the livability, and make the larger rooms more proportional. 4. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views). However, the enhanced landscaping and 25-foot front setback to the primary structures improve the view of the site from Placentia Avenue. Finding: S. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. Facts in Support of Finding: 1. The proposed design as shown in architectural drawings includes several complementary materials, building articulation and modulation, and varied roof planes to provide visual interest. The applicant describes the proposed design as contemporary coastal architecture with clean sleek design lines. The materials will include a combination of carefully detailed wood-like siding for enhanced durability, stucco, and metal/steel elements with several materials used on each elevation to provide visual interest. V*I�N Finding: T. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: 1. The increased height will not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent development due to the large distance between the proposed buildings and the buildings in the vicinity. The project site is surrounded by multiple-unit residential, industrial, medical, and commercial buildings that include three story buildings. A minimum 25-foot setback is provided from the front property line along Placentia Avenue to the structures. The property to the north within the city of Costa Mesa is in an area targeting live/work units and that are allowed to be up to 60 feet in height. The property to the southwest is an apartment development facing Placentia Avenue and is two stories with sloped roofs and heights estimated at 28 feet. Within 400 feet of the southerly property line and 250 feet of the easterly property line there are four-story medical office buildings exceeding 38 feet in height. 03-03-2015 SS Planning Commission Resolution No. Page 14 of 28 Finding: U. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The maximum floor area allowed pursuant to Section 20.18.030, Table 2-3 is 336,682 square feet. The proposed project includes a total of 191,100 square feet; therefore, the proposed project will have no more floor area than could have been achieved without the approved building height increase. In accordance with Section 20.28.060 (Height Overlay District) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: V. The proposed project provides increased building setbacks from public streets and property lines above code requirements. Facts in Support of Finding: 1. A minimum 20-foot front setback is required from the front property line along Placentia Avenue. Because the project includes a subdivision application, a minimum front setback of 25 feet that includes a 15-foot landscape setback is provided. The proposed project includes a subdivision wall located 15 feet from the front property line, which improves the public streetscape along Placentia Avenue. 2. Adequate separation is provided within the project site between dwelling units and a 13-foot setback is proposed from the side property lines. The proposed layout improves the views through the property along the side and rear property lines. Finding: W The proposed project provides project enhancements and on-site recreational amenities for the residents above code requirements. Facts in Support of Finding: 1. Walkways and landscaping are provided throughout the site as project enhancements affording residents the ability to walk to the common recreational area without needing to walk exclusively in the driveways. 2. The common open space required is 75 square feet per unit (6,075 square feet total), and the proposed project provides 9,061 square feet, exceeding the requirement by approximately 3,000 square feet. The common open space is provided as a recreational area that contains a pool/spa, restroom, seating and lounge areas, a 03-03-2015 3.4 Planning Commission Resolution No. Page 15 of 28 barbeque, entertainment counter, wood deck areas, turf area, enhanced paving, short- term bicycle parking, and landscaping. Specific recreational amenities are not required by the Zoning Code for the common open space and are proposed as an amenity to the residents. Finding: X. The proposed project provides quality architecture and quality materials. Facts in Support of Finding: 1. The building elevations include variation in the vertical plane, several different materials, articulation and modulation, and quality architectural treatment. The colors of the materials will include white, beige, and brown, with red, blue, green, and grey accent colors. Any stucco on the building will have a smooth finish. 2. The conditions of approval will include requirements for lighting and building upkeep to ensure the quality of the architecture remains intact. In accordance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: Y. That a traffic study for the ha en prepared in compliance with this chapter [15.40]and Appendix A. Facts in Support of Finding--,- 1. A traffic study, for the proposed project dated April 17, 2015, was prepared by DKS Associates under the supervision of the City Traffic Engineer for the project in compliance with Municipal, Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A. Finding: Z. That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (8) can be made: Facts in Support of Finding: 1. Construction of the project is anticipated to be completed in 2018, within 60 months. If the project is not completed within 60 months of this approval, preparation of a new traffic study would be required. 2. The traffic study included 12 study intersections that were analyzed for potential impacts based on the City's Intersection Capacity Utilization (`ICU") analysis and 03-03-2015 S5 Planning Commission Resolution No. Page 16 of 28 Highway Capacity Manual ("HCM") analysis. Utilizing the ICU and HCM analyses, the traffic study determined that the 12 primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance. Finding: AA. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Facts in Support of Finding: 1. No improvements or mitigation is necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. 03-03-2015 Planning Commission Resolution No. Page 17 of 28 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby adopts Mitigated Negative Declaration No. ND2015-002 as depicted in Exhibit "A" and the Mitigation Monitoring and Reporting Program as depicted in Exhibit "B" of this resolution. 2. The Planning Commission of the City of Newport Beach hereby approves Tentative Tract Map No. NT2014-002, Planned Development Permit No. PL2015-001, and Traffic Study No. TS2014-007, subject to the conditions set forth in Exhibit "C, which is attached hereto and incorporated by reference. 3. The Mitigated Negative Declaration, Planned Development, and Traffic Study actions shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. The Tentative Parcel Map action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF AUGUST, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 03-03-2015 37 Planning Commission Resolution No. Page 18 of 28 EXHIBIT "A" Initial Study/Mitigated Negative Declaration SCH No. 2015071007 (Available separate due to document size) http://www.newportbeachca.gov/cegadocuments 03-03-2015 �g Planning Commission Resolution No. Page 19 of 28 EXHIBIT "B" Mitigation Monitoring Report Program 03-03-2015 39 Mitigation Monitoring and Reporting Program for the Ebb Tide Residential Project Newport Beach, California Prepared for.- City or:City of Newport Beach Community Development Department, Planning Division 100 Civic Center Drive Newport Beach, CA 92658 949.644.3200 Contact: Fern Nueno, AICP, Associate Planner Prepared by: AECOM 999 Town and Country Road Orange, CA 92868 714.567.2400 July 2015 40 § ~ { © E \ } ! o ! 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C (:E- &® ` \ �-" ` ` 00 LD t5 )\ \q § � � Co( r � ) Em / D-fa) , " B ` / R E ( - o � r = ] ® �y2 § /! 2 = ! -E /f� E -00 \) R t7 / \ } E 2 : / 0ma) 00c \ f / Jt � � ° ; ° ° � § % fes \/ 2a) rn \ ƒj . f f ƒ ) { \ \ \ � \ f / � £ § 55cc 3 \ § ` ' ± EE ¥ f ' E - a $ § no0 -2 E e § 2 ) f � ( § � /'o { = G /f § ` § E0 » = m > » = w = 2z / qa = 3 = E _ ! ! \ ) § ` { * It { ) ( >: ° � \ c \ k � ) ) /\ 3 = &� (D0 M � o3I 02 0 E E) ` � j ( 0 0 0 cc = S § ] f m — § ] (n Nn ° o { C6 E cu r- ' a) 'E y = § 0 co2fcc f/ \ / Lr— / } / / / 22 / } c / & u — { c ) m 0 k { / \ IX a)a " " � \ 0 § �k u / C) ! { \ ) E7 \ ) \ \\ \\ \ \ / 0 § )ca ( B ) . . . . » a) U) ! ! \ ) Planning Commission Resolution No. Page 25 of 28 EXHIBIT "C" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and photographic simulations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. Future additions, including enclosing decks, are prohibited. Major changes in building color, materials, or architecture require approval by the Community Development Director. 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 because for revocation of this Use Permit. 4. A copy of the Resolution, including conditions of approval Exhibit "C" shall be incorporated into the Building Division and field sets of°OW- ns prior to issuance of the building permits. 5. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 6. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 7. 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. 8. The fair share traffic contribution in effect at the time of building permit issuance shall be paid in accordance with the Municipal Code. 9. Prior to the recordation of the Tract Map, park dedication fees shall be paid consistent with the fee amount in effect at the time of payment as established by the City of Newport Beach Municipal Code. 10. 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 consistent with the Municipal Code 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, 03-03-2015 45 Planning Commission Resolution No. Page 26 of 28 replacements, repairs, and cleaning as part of regular maintenance. A minimum of 70 percent of the landscaping shall be drought tolerant with low water demands. 11. The private open space provided as back yards shall include landscaping. 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Prior to the issuance of building permits, the applicant shall demonstrate that sound within bedrooms will be attenuated to meet City interior noise standards. 13. Gated vehicular access to the site shall be prohibited due to the design of the subdivision entry driveway that would not provide for an appropriate and safe vehicle turnaround in advance of the gate. 14. Building materials shall be high quality, durable, authentic to the architectural style, and applied in a quality fashion. Any stucco on the building shall have a smooth finish. 15. Lighting shall provide ambiance, safety, and security, without unnecessary spillover or glare. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America. If in the opinion of the Community Development Director the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources, the Director may order the dimming of light sources or other remediation. 16. Building owners and tenants shall keep the building exteriors and facades clean and in good repair. 17. A Tract Map shall be recorded for this development. The Tract Map shall be reviewed and approved by City Council. The Map shall be prepared on the California coordinate system (NAD83). 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. 18. Prior to recordation of the tract 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 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 Public Works Department. Monuments shall be protected in place if installed prior to completion of construction project. 19. All improvements shall be constructed as required by Ordinance and the Public Works Department. 03-03-2015 40 Planning Commission Resolution No. Page 27 of 26 20. An encroachment permit shall be required for all work activities within the public right- of-way. An encroachment agreement shall be required for any private improvements installed within the public right-of-way. 21. Proposed streets in this development shall be privately maintained streets. Proposed streets shall have no parking on both sides of the street. 22. The entry street to the development shall align with Production Place. 23. The existing damaged concrete curb, gutter, and sidewalk along the Placentia Avenue frontage shall be removed and replaced per City Standards. 24. The existing driveway approaches on Placentia Avenue not used as a part of this development shall be removed and replaced with new curb, gutter, and sidewalk per City Standards. 25. New curb access ramps shall be installed at the intersection of the new entry street and Placentia Avenue per City Standards. 26. All existing overhead utilities on-site shall be undergrounded. 27. A drainage study shall be prepared to determine if existing storm drain lines at Placentia Avenue and 15th Street can handle the drainage collected in the proposed storm drain line on Placentia Avenue. 28. Proposed storm drain line design within Placentia Avenue shall be reviewed and approved by the Public Works Department. This storm drain line shall be constructed per City Standards. 29. Improvement plans for the proposed private storm drain system on site shall be reviewed and approved by the Public Works Department. The private on-site system shall be privately maintained. 30. A sewer demand study shall be prepared to determine if the existing sewer main on Placentia Avenue will be able to handle the sewage flows from the proposed development. 31. Improvement plans for the proposed private sanitary sewer system on site shall be reviewed and approved by the Public Works Department. The private sewer system on-site shall be privately maintained. 32. A sewer manhole shall be placed at the property line on the new sewer main to the development to delineate the public sewer main from the private sewer main. 33. Each unit shall be served by its own individual water service/meter and sewer lateral and cleanout. 03-03-2015 47 Planning Commission Resolution No. Page 28 of 28 34. Water service shall be provided by the Mesa Water District. All proposed water system improvements for this development shall conform to their standards. 35. All existing sewer laterals on Placentia Avenue not used by this development shall be capped at the property line. 36. All improvements shall comply with the City's sight distance requirement per City Standard 110-L. 37. Easements for public utilities and for public emergency ingress/egress shall be granted to the City. 38. Proposed guest parking spaces shall conform to City Standard #805-L-A&B. 39. 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. 40. A geological study from a state-licensed and department approved individual or firm shall be required due to the proximately of the proposed project to a metal finishing facility. C.F.C. Sec. 319.2 N.B.F.D. Amendment. 41. No person shall use or store any amount of extremely Hazardous substances (EHS) equal to or greater than the disclosable amounts as listed in Appendix A part 355, Title 40, of the code of Federal Regulations in a residential zone or adjacent to property development with residential uses, unless approved mitigation measures are implemented and maintained as required by the fire code official. C.F.C. Sec. 5004.1.1 N.B.F.D. Amendment. 42. 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 Ebb Tide Residential Project including, but not limited to, the Tentative Tract Map No. NT2014-002, Planned Development Permit No. PL2015-001, Traffic Study No. TS2014-007, and Mitigated Negative Declaration No. ND2015-002. 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. 03-03-2015 42