HomeMy WebLinkAbout1787 - RESCIND RESOLUTIONS 1723, 1751 and 1761_RECOMMEND CERTIFICATION OF EIR AND APPROVE GP, CLUP AMENDMENT, CA, NEWPORT TRACT MAP, MD AND CR_ 201-205, 207 CARNATION AVE_101 BAYSIDE PLACERESOLUTION NO. 1787
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RESCINDING PLANNING COMMISSION
RESOLUTIONS 1723, 1751 and 1761 AND RECOMMENDING THAT
THE CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2007021054) AND APPROVE GENERAL PLAN
AMENDMENT NO. 2005 -006, COASTAL LAND USE PLAN
AMENDMENT NO. 2005 -002, CODE AMENDMENT NO. 2005 -009,
NEWPORT TRACT MAP NO. 2005 -004 (TTM 16882), MODIFICATION
PERMIT NO. 2005 -087 AND COASTAL RESIDENTIAL DEVELOPMENT
PERMIT NO. 2005 -002 FOR PROPERTY LOCATED AT 201 -205, 207
CARNATION AVENUE 101 BAYSIDE PLACE (PA 2005 -196).
WHEREAS, an application was filed by Advanced Real Estate Services, Inc. with
respect to property located at 201 -205, 207 Carnation Avenue, and 101 Bayside Place
to construct an 8 -unit residential condominium development on a 1.4 acre site. The
application includes:
1. General Plan Amendment No. 2005 -006 to change the land use designation of a
584 square -foot portion of a parcel identified as 101 Bayside Place from RT (Two -
Unit Residential) to RM (Multiple -Unit Residential, 20 dwelling units per acre).
2. Coastal Land Use Plan Amendment No. 2005 -002 to change the Coastal Land Use
Plan designation of the same 584 square -foot portion of a parcel identified as 101
Bayside Place from RH -D (High Density Residential - 50.1 to 60 dwelling units per
acre) to RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre).
3. Zone Change No. 2005 -009 to change the zoning designation of the 584 square -foot
portion of a parcel identified as 101 Bayside Place from R -2 (Two - Family
Residential) to MFR (Multifamily Residential, 2178 square feet per unit).
4. Newport Tentative Tract Map No. 2005 -004 (TTM16882) to combine the 584 square -
foot portion of a parcel identified as 101 Bayside Place with parcels identified as 201-
205 Carnation Avenue and 207 Carnation Avenue, and to subdivide the air space for
8 residential condominium units.
5. Modification Permit No. 2005 -087 to permit a 5 -foot subterranean building
encroachment and 42 -inch high protective guardrails within the required 10 -foot front
setback along Carnation Avenue; subterranean and above grade building
encroachments of 5 feet and 1 -foot, 7- inches into a required 10 -foot, 7 -inch side yard
setback between the project and 215 Carnation; and three balconies and one at
grade landing each with protective guard rails that exceed the maximum height of 6
feet from natural grade within the required 10 -foot, 7 -inch side yard abutting Bayside
Place.
City of Newport Beach
Planning Commission Resolution No. 1787
Page 2 of 37
6. Coastal Residential Development Permit No. 2005 -002 to allow demolition of the
existing dwelling units within the Coastal Zone pursuant to Chapter 20.86 of the
Municipal Code.
WHEREAS, on February 22, 2007, April 5, 2007, and May 17, 2007, the
Planning Commission held noticed public hearings in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California, at which time the applications,
project and a draft Mitigated Negative Declaration were considered. Notice of time,
place and purpose of the public hearing was given in accordance with law and
testimony was presented to and considered by the Planning Commission at the hearing.
At the conclusion of the public hearing, the Planning Commission adopted Resolution
No. 1723 recommending adoption of a draft Mitigated Negative Declaration (MND) and
approval of the applications to the City Council; and
WHEREAS, on August 14, 2007, the City Council held a noticed public hearing in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California,
at which time the applications, project and a draft Mitigated Negative Declaration were
considered. Notice of time, place and purpose of the public hearing was given in
accordance with law and testimony was presented to and considered by the City
Council at the hearing. At the conclusion of the public hearing the City Council identified
the predominant line of existing development ( PLOED) at 50.7 feet North American
Vertical Datum of 1988 (NAVD88). Since the proposed project was not consistent with
the PLOED as required by the policies of the 2005 Coastal Land Use Plan, further
consideration of the proposed project was postponed until such time that the project
was revised to conform to the PLOED; and
WHEREAS, subsequent to the August 14, 2007, City Council hearing, the
applicant revised the proposed project in accordance with the PLOED as established by
the City Council. Additionally, the applicant further revised the project to include a
proposed dock structure. A revised Mitigated Negative Declaration was prepared in
accordance with the California Environmental Quality Act.
WHEREAS, on February 21, 2008, the Planning Commission held noticed public
hearings in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, at which time the applications, the revised project and a revised draft
Mitigated Negative Declaration were considered. Notice of time, place and purpose of
the public hearing was given in accordance with law and testimony was presented to
and considered by the Planning Commission at the hearing. At the conclusion of the
public hearing, the Planning Commission adopted Resolution No. 1751 recommending
adoption of a revised draft Mitigated Negative Declaration (MND) for the revised project
and approval of the applications to the City Council; and
WHEREAS, on June 19, 2008, the Planning Commission held noticed public
hearings in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, at which time the applications, the revised project and a revised draft
City of Newport Beach
Planning Commission Resolution No. 1787
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Mitigated Negative Declaration were considered. Notice of time, place and purpose of
the public hearing was given in accordance with law and testimony was presented to
and considered by the Planning Commission at the hearing. At the conclusion of the
public hearing, the Planning Commission adopted Resolution No. 1761 recommended
adoption of a draft Mitigated Negative Declaration (MND) for the revised project and
approval of the applications to the City Council; and
WHEREAS, on July 8, 2008, the City Council held a noticed public hearing in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at
which time the applications, revised project and a revised draft Mitigated Negative
Declaration were considered. Notice of time, place and purpose of the public hearing
was given in accordance with law and testimony was presented to and considered by
the City Council at the hearing. The City Council expressed several concerns including
the project's potential visual impact on the area and the City Council took no action; and
WHEREAS, subsequent to the City Council hearing on July 8, 2008, the City and
the applicant mutually agreed that an Environmental Impact Report would be prepared
for the project pursuant to the California Environmental Quality Act; and
WHEREAS, on May 21, 2009, the Planning Commission held a noticed public
hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California, at which time the applications, project and a draft Environmental Impact
Report (SCH #2007021054) were considered. Notice of time, place and purpose of the
public hearing was given in accordance with law and testimony was presented to and
considered by the Planning Commission at the hearing.
WHEREAS, the project site has two separate land use designations assigned by
the Land Use Element of the General Plan (584 square -feet is designated RT (Two -Unit
Residential) and the remaining portion of the site, 60,700 square -feet, is designated RM
(Multi -Unit Residential, 20 dwelling units per acre). The proposed amendment changing
the land use designation of the 584 square -foot portion of the site to match the
remainder of the site will numerically allow 1 additional unit; however, the density
limitation as dictated by the Zoning Ordinance is more restrictive as it excludes
submerged lands and slopes in excess of 50% from the calculation. The density of the
proposed project is below the resulting maximum density permitted by the General Plan
(28 dwellings) and is consistent with the maximum density allowed by the existing MFR
zone (9 units). The residential condominium project is consistent with the proposed
Multi - Family Residential land use designation and is consistent with residential
developments within the area.
WHEREAS, Charter Section 423 requires that all proposed General Plan
Amendments be reviewed to determine if the square footage (for non - residential
projects), peak hour vehicle trip, or dwelling units thresholds would be exceeded as the
means to determine whether a vote by the electorate would be required to approve the
General Plan Amendment. Pursuant to Council Policy A -18, voter approval is not
City of Newport Beach
Planning Commission Resolution No. 1787
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required as the proposed General Plan Amendment represents an increase of 1
dwelling unit and an increase of 1 A.M. and 1 P.M. peak hour trip. Additionally, no prior
amendments have been approved within Statistical Area F3 and, therefore, the project
and prior amendments do not cumulatively exceed Charter Section 423 thresholds as to
require a vote of the electorate.
WHEREAS, the proposed project subject to conditions of approval is consistent
with General Plan Policy LU5.1.9 inasmuch as building elevations that face public
streets need to be treated to achieve the highest level of urban design and
neighborhood quality. Architectural treatment of building elevations and the modulation
of mass are to convey the character of separate living units or clusters of living units,
avoiding the appearance of a singular building volume. Street elevations are to be
provided with high quality materials and finishes to convey quality. Roof profiles are
modulated to reduce the apparent scale of large structures and to provide visual interest
and variety. Parking areas are designed to be integral with the architecture of the
development. Usable and functional private open space for each unit is incorporated as
each unit has an outdoor deck or patio that may include a fire pit and spa. Common
open space that creates a pleasant living environment with opportunities for recreation
is also included. Private storage areas for each unit are also provided. The project
design incorporates building articulation, roof modulation and a diverse architectural
style. Although specific exterior finishes or building materials are not identified at this
time, the applicant and architect are committed to providing the highest quality project
commensurate with the expense of the project and appropriate to their target buyer.
WHEREAS, the proposed project subject to conditions of approval is consistent
with General Plan Policy LU 5.1.8 that requires adequate enclosed parking considering
the number of bedrooms. One unit has 2 bedrooms, five units have 3 bedrooms, one
unit has 4 bedrooms and one unit has 5 bedrooms. Five of the units have other rooms
that could be modified and used as bedrooms and the unit sizes range from 2,662 to
4,990 square feet. The project provides two spaces for each of 2 units without vehicle
lifts, and three spaces for each of 6 units with vehicle lifts. Six guest parking spaces,
one service vehicle space and 2 golf cart spaces are provided for a total of 31 covered,
vehicle spaces. An area for motorcycle or bicycle parking is also included. Provided
parking is in excess of the minimum required pursuant to the Zoning Code (2.5 parking
spaces per unit or a total of 20 spaces for 8 units proposed).
WHEREAS, the proposed project is consistent with General Plan Policy CE7.1.8
and Policy CE7.1.1 as well as Coastal Land Use Policy 2.9.3 -1 that require new
development to avoid the use of parking configurations or parking management
programs that are difficult to maintain and enforce and that new development is required
to provide adequate, convenient parking for residents. All parking is enclosed on site
with access to lower parking levels taken from two vehicle elevators. Five of the six
guest parking spaces and parking for one unit are located at street level where access
to the vehicle elevators is not necessary. No gates are planned that could possibly
inhibit access to the street -level parking. Only seven of the eight units and one guest
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Planning Commission Resolution No. 1787
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parking space will require the use of the vehicle elevators. The below -grade parking
configuration accessed by elevators is sufficiently convenient in that two vehicle
elevators to access the garage are proposed, which will reduce vehicle wait times to
avoid significant conflicts entering or exiting the elevators. Emergency power generators
are required so that vehicle access is maintained if electrical power is lost. The vehicle
maneuvering areas within the parking areas meet or will be modified prior to the
issuance of a building permit consistent with applicable standards required by the City
Traffic Engineer.
WHEREAS, the Land Use and Natural Resources Elements of the General Plan
contain general policies regarding the protection of public views, visual resources,
coastal bluffs and other natural resources and the Coastal Land Use Plan (CLUP)
reflects these same policies and includes additional policies that expand upon the topics
addressed in the Land Use and Natural Resources Elements of the General Plan and
are applicable only within the Coastal Zone such that a finding of consistency with the
CLUP is an implicit finding of consistency with the Land Use Element of the General
Plan. Accordingly, based upon facts in support of findings that the project is consistent
with the relevant CLUP policies as indicated below, the project is determined to be
consistent with all resource protection policies within the Land Use and Natural
Resources Elements.
WHEREAS, the Coastal Land Use Plan (CLUP) designates the majority of the
site RM -A (Medium Density Residential - 6.1 to 10 dwelling units per acre) and a 584
square -foot portion of the site is designated RH -D High Density Residential - 50.1 to 60
dwelling units per acre. The proposed amendment of the land use designation for the
584 square -foot portion of the site will result in a land use designation the same as the
larger portion of the site and will numerically increase the maximum permissible project
density by 1 unit, from 13 to 14, but not the maximum permissible density pursuant to
the RM -A Zoning for the site.
WHEREAS, the proposed project is consistent with applicable policies within Chapter 2
(Land Use and Development) of the Coastal Land Use Plan based upon the following:
1. Policy 2.7 -1. Continue to maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of established
neighborhoods and to protect coastal access and coastal resources.
The project conforms to the height limit of the MFR zone and no deviation is proposed.
The project proposes 61,709 gross square feet, below the maximum 75,868 square feet
allowed by the existing MFR zone standard. The proposed project does not exceed the
28/32 foot height limitation of the Zoning Code. The proposed 8 -unit project is below the
maximum permissible density established by the RM -A (Medium Density Residential -
6.1 to 10 dwelling units per acre). Setback encroachments are primarily subterranean
and would not impact the character of the area. The above - ground encroachments are
minor in nature. The project provides a 9 -foot setback area to the north abutting 215
Carnation Avenue creating a public view where none presently exists due to current site
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Planning Commission Resolution No. 1787
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conditions. The setback proposed will provide adequate separation from the building to
the north and the encroachments will not impact fragile resources as the
encroachments are located on the opposite side of the building away from the bluff and
bay.
2. Policy 2.7 -2. Continue the administration of provisions of State law relative to the
demolition, conversion and construction of low and moderate- income dwelling units
within the coastal zone.
Government Code Section 65590 (Mello Act) regulates the demolition or conversion of
low and moderate income units within the Coastal Zone. All units were vacated in
December of 2001 and only a caretaker and the applicant's family reside at the project
site. No low or moderate income residents currently reside within the project and,
therefore, Government Code Section 65590 is not applicable.
3. Policy 2.8.1 -1. Review all applications for new development to determine potential
threats from coastal and other hazards.
Policy 2.8.1 -2. Design and site new development to avoid hazardous areas and
minimize risks to life and property from coastal and other hazards.
Policy 2.8.1 -3. Design land divisions, including lot line adjustments, to avoid
hazardous areas and minimize risks to life and property from coastal and other
hazards.
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 17, 2007,
a report titled Bluff and Shoreline Reconnaissance by GeoSoils Inc., dated June 11,
2007, and a third party review of all geotechnical reports prepared by GMU
Geotechnical, Inc. dated October 29, 2009, collectively support that potential hazards
due to seismic ground shaking, coastal bluff retreat due to erosional forces and
tsunamis are minimal. Seismic issues are mitigated with the implementation of the
Building Code and coastal bluff retreat is not expected to impact the project during the
75 year economic life of the building. Inundation by wave action or tsunami is
considered very remote and the proposed residential improvements are well above
wave action.
4. Policy 2.8.1 -4. Require new development to assure stability and structural integrity,
and neither create nor contribute significantly to erosion, geologic instability, or
destruction of the site or surrounding area or in any way require the construction of
protective devices that would substantially alter natural landforms along bluffs and
Cliffs.
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Planning Commission Resolution No. 1787
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Policy 2.8.3 -1. Require all coastal development permit applications for new
development on a beach or on a coastal bluff property subject to wave action to
assess the potential for flooding or damage from waves, storm surge, or seiches,
through a wave uprush and impact reports prepared by a licensed civil engineer with
expertise in coastal processes. The conditions that shall be considered in a wave
uprush study are: a seasonally eroded beach combined with long -term (75 years)
erosion; high tide conditions, combined with long -term (75 year) projections for sea
level rise; storm waves from a 100 -year event or a storm that compares to the
1982183 El Nino event.
Policy 2.8.6 -10. Site and design new structures to avoid the need for shoreline and
bluff protective devices during the economic life of the structure (75 years).
Policy 2.8.7 -3. Require applications for new development, where applicable [i.e., in
areas of known or potential geologic or seismic hazards], to include a
geologic /soils/geotechnical study that identifies any geologic hazards affecting the
proposed project site, any necessary mitigation measures, and contains a statement
that the project site is suitable for the proposed development and that the
development will be safe from geologic hazard. Require such reports to be signed by
a licensed Certified Engineering Geologist or Geotechnical Engineer and subject to
review and approval by the City.
A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 17, 2007,
a report titled Bluff and Shoreline Reconnaissance by GeoSoils Inc., dated June 11,
2007, and a third party review of all geotechnical reports prepared by GMU
Geotechnical, Inc. dated October 29, 2009, collectively indicate that the project will not
be subject to nor contribute to erosion, geologic instability, geologic hazard nor require
shoreline protective devices during the economic life of the structure (75 years).
5. Policy 2.8.6 -9. Require property owners to record a waiver of future shoreline
protection for new development during the economic life of the structure (75 years)
as a condition of approval of a coastal development permit for new development on
a beach, shoreline, or bluff that is subject to wave action, erosion, flooding,
landslides, or other hazards associated with development on a beach or bluff.
Shoreline protection may be permitted to protect existing structures that were legally
constructed prior to the certification of the LCP, unless a waiver of future shoreline
protection was required by a previous coastal development permit.
A waiver of future shoreline protective devices is included as a condition of approval.
6. Policy 2.9.3 -10 Require new development to minimize curb cuts to protect on- street
parking spaces and close curb cuts to create new public parking wherever feasible.
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Planning Commission Resolution No. 1787
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The project will reduce the width of existing curb cuts creating 3 additional street spaces
available to the public.
WHEREAS, the proposed project is consistent with Chapter 3 (Public Access) of the
Coastal Land Use Plan based upon the following:
Policy 3.1.1 -1. Protect, and where feasible, expand and enhance public access to and
along the shoreline and to beaches, coastal waters, tidelands, coastal parks, and trails.
Policy 3.1.2 -1. Protect, and where feasible, expand and enhance public access to and
along coastal bluffs.
Policy 3.1.2 -2. Site, design, and maintain public access improvements in a manner to
avoid or minimize impacts to coastal bluffs.
Policy 3.1.1 -11. Require new development to minimize impacts to public access to and
along the shoreline.
Policy 3.1.1 -9. Protect, expand, and enhance a system of public coastal access that
achieves the following:
• Maximizes public access to and along the shoreline;
• Includes pedestrian, hiking, bicycle, and equestrian trails;
• Provides connections to beaches, parks, and recreational facilities;
• Provides connections with trail systems of adjacent jurisdictions;
• Provides access to coastal view corridors;
• Facilitates alternative modes of transportation;
• Minimizes alterations to natural landforms;
• Protects environmentally sensitive habitat areas;
• Does not violate private property rights.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -13. Require a direct dedication or an Offer to Dedicate (O TD) an easement
for lateral public access for all new shorefront development causing or contributing to
adverse public access impacts. Such dedication or easement shall extend from the
limits of public ownership (e.g. mean high tide line) landward to a fixed point seaward of
the primary extent of development (e.g. intersection of sand with toe or top of
revetment, vertical face of seawall, dripline of deck, or toe of bluff.
Policy 3.1.1 -14. Require a direct dedication or an Offer to Dedicate (OTD) an easement
for vertical access in all new development projects causing or contributing to adverse
public access impacts, unless adequate access is available nearby. Vertical
accessways shall be a sufficient size to accommodate two -way pedestrian passage and
landscape buffer and should be sited along the border or side property line of the
City of Newport Beach
Planning Commission Resolution No. 1787
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project site or away from existing or proposed development to the maximum feasible
extent.
Policy 3.1.1 -24. Encourage the creation of new public vertical accessways where
feasible, including Corona del Mar and other areas of limited public accessibility.
Policy 3.1.1 -26. Consistent with the policies above, provide maximum public access
from the nearest public roadway to the shoreline and along the shoreline with new
development except where (1) it is inconsistent with public safety, military security
needs, or the protection of fragile coastal resources or (2) adequate access exists
nearby.
Policy 3.1.1 -27. Implement public access policies in a manner that takes into account
the need to regulate the time, place, and manner of public access depending on the
facts and circumstances in each case including, but not limited to, the following:
• Topographic and geologic site characteristics;
• Capacity of the site to sustain use and at what level of intensity;
• Fragility of natural resource areas;
• Proximity to residential uses;
• Public safety services, including lifeguards, fire, and police access;
• Support facilities, including parking and restrooms;
• Management and maintenance of the access;
• The need to balance constitutional rights of individual property owners and the
public's constitutional rights of access.
The project site has no dedicated public access easements or physical access to the
coastal bluff or bay. No abutting vertical or lateral public access presently exists that
would connect to any access that might be considered within the development. The
steep topography of the site makes vertical access a safety concern and access for the
disabled could not be accommodated. Public support facilities presently do not exist nor
are they planned and parking in the area is constrained. Lastly, access through the site
would be in close proximity to residential uses.
The lower portion of the bluff face (below 50.7 feet MSQ, submerged lands and
tidelands will remain in their existing condition, with the exception of the construction of
a new dock system to replace the existing one. Public access to the sheltered cove from
the water will not be affected due to the location of the proposed dock system. Access
to the designated view point at the end of Carnation Avenue will also remain unaffected
and the public view from that point and Ocean Boulevard will be enhanced with project
approval with the installation of a bench and /or other public amenity at the corner to
improve the experience. The project will create 3 new parking spaces along Carnation
Avenue with the reduction in the width of the existing driveway approaches. These new
public parking spaces will enhance access to the area. With the reduction in residential
density and the fact that no access rights or prescriptive access rights exist, the project
will not impact or impede public access.
City of Newport Beach
Planning Commission Resolution No. 1787
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Public access to the bay is currently provided in the vicinity at China Cove, Lookout
Point and at a street -end located in the 2300 block of Bayside Drive. These access
points are located approximately 450 feet to the east, 1,125 feet to the east and
approximately 480 feet to the northwest, respectively. Based upon the forgoing,
requiring public access easements or outright dedication of land for public access is not
necessary.
WHEREAS, the proposed project is consistent with Policy 4.1.3 -1 of the Coastal
Land Use Plan that states "Utilize the following mitigation measures to reduce the
potential for adverse impacts to ESA natural habitats from sources including, but not
limited to, those identified in Table 4.1.1." Only Subsections E, F, G, and N are
applicable to the proposed project as the other subsections are clearly inapplicable as
they relate to different physical and operational aspects of Newport Bay.
E. Limit encroachments into wetlands to development that is consistent with Section
30233 of the Coastal Act and Policy 4.2.3 -1 of the Coastal Land Use Plan.
The residential portion of the project will not encroach into wetlands or open coastal
waters. The expanded boating facility (replacement docks) is a permitted encroachment
within open coastal waters pursuant to Section 30233 of the Coastal Act and Policy
4.2.3 -1 that specifically allows new or expanded boating facilities, including slips,
access ramps, piers, and marinas in open coastal waters provided that the impacts of
construction are appropriately mitigated. Adequate measures are contained within the
Environmental Impact Report and are required as conditions project approval.
F. Regulate landscaping or revegetation of blufftop areas to control erosion and invasive
plant species and provide a transition area between developed areas and natural
habitats.
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to only allow native and non - invasive plantings
indigenous to the California coastal bluff environment.
G. Require irrigation practices on blufftops that minimize erosion of bluffs.
An irrigation plan is required pursuant to conditions of approval for the project and
temporary irrigation on the bluff face may only be to be used to establish vegetation.
N. Prohibit invasive species and require removal in new development.
A condition of approval requires all non - native plantings on the bluff to be removed and
revegetation of the bluff face is regulated to allow only native and non - invasive plantings
indigenous to the California coastal bluff environment.
WHEREAS, the proposed project is consistent with the following policies of
Chapter 4 (Coastal Resource Protection) based upon the following:
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Planning Commission Resolution No. 1787
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Policy 4.3.1 -5. Require development on steep slopes or steep slopes with erosive soils
to implement structural best management practices (BMPs) to prevent or minimize
erosion consistent with any load allocation of the TMDLs adopted for Newport Bay.
Policy 4.3.1 -6. Require grading /erosion control plans to include soil stabilization on
graded or disturbed areas.
Policy 4.3.1 -7. Require measures be taken during construction to limit land disturbance
activities such as clearing and grading, limiting cut -and fill to reduce erosion and
sediment loss, and avoiding steep slopes, unstable areas, and erosive soils. Require
construction to minimize disturbance of natural vegetation, including significant trees,
native vegetation, root structures, and other physical or biological features important for
preventing erosion or sedimentation.
Policy 4.3.2 -22. Require beachfront and waterfront development to incorporate BMPs
designed to prevent or minimize polluted runoff to beach and coastal waters.
Policy 4.3.2 -23. Require new development applications to include a Water Quality
Management Plan (WQMP). The WQMP's purpose is to minimize to the maximum
extent practicable dry weather runoff, runoff from small storms (less than 314" of rain
falling over a 24 -hour period) and the concentration of pollutants in such runoff during
construction and post- construction from the property.
An Erosion and Sediment Control Plan, Stormwater Pollution Prevention plan and a
Water Quality Management Plan are required by conditions of approval and they must
include best management practices to ensure that erosion is controlled to the maximum
extent feasible.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -4. of the Coastal
Land Use Plan that states "On bluffs subject to marine erosion, require new accessory
structures such as decks, patios and walkways that do not require structural foundations
to be sited in accordance with the predominant line of existing development in the
subject area, but not less than 10 feet from the bluff edge. Require accessory structures
to be removed or relocated landward when threatened by erosion, instability or other
hazards."
No new accessory structures are proposed. The policy also requires that accessory
structures be removed or relocated landward when threatened by erosion, instability or
other hazards. A condition of approval is included such that the existing accessory
structures (concrete pad, staircase and walkway) will be removed if threatened by
erosional processes in the future.
WHEREAS, the proposed project is consistent with Policy 4.4.3 -11 of the Coastal
Land Use Plan that states "Require applications for new development to include slope
stability analyses and erosion rate estimates provided by a licensed Certified
Engineering Geologist or Geotechnical Engineer"
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Planning Commission Resolution No. 1787
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A Grading Plan Review Report prepared by Neblett & Associates, August 2005, the
Coastal Hazard Study prepared by GeoSoils Inc., dated October 2006, a Stormwater
Pollution Prevention Plan prepared by Hunsaker and Associates dated March 17, 2007,
a report titled Bluff and Shoreline Reconnaissance by GeoSoils Inc., dated June 11,
2007, and a third party review of all geotechnical reports prepared by GMU
Geotechnical, Inc. dated October 29, 2009, collectively indicate that the project will not
be subject to nor contribute to erosion, geologic instability, geologic hazard nor require
shoreline protective devices during the economic life of the structure (75 years).
WHEREAS, the proposed project is consistent with the following policies of
Chapter 4 (Coastal Resource Protection) that regulate the protection of public views
based upon the following:
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of
the coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -4. Where appropriate, require new development to provide view
easements or corridors designed to protect public coastal views or to restore public
coastal views in developed areas.
Policy 4.4.1 -6. Protect public coastal views from the following roadway
segments... Ocean Boulevard. (Figure 4 -3 of the CLOP identifies the intersection of
Carnation Avenue and Ocean Boulevard as a "view point.')
Policy 4.4.1 -7. Design and site new development, including landscaping, on the edges
of public coastal view corridors, including those down public streets, to frame and
accent public coastal views.
Policy 4.4.2 -2. Continue to regulate the visual and physical mass of structures
consistent with the unique character and visual scale of Newport Beach.
Policy 4.4.2 -3. Implement the regulation of the building envelope to preserve public
views through the height, setback, floor area, lot coverage, and building bulk regulation
of the Zoning Code in effect as of October 13, 2005 that limit the building profile and
maximize public view opportunities.
A public view presently exists over the southeastern portion of the site from Ocean
Boulevard and Carnation Avenue to the south and southwest between the existing 14-
unit apartment building and improvements on the adjoining property to the southeast.
The siting of the proposed building would provide a greater separation between these
buildings than exists today. Presently, the horizontal view window measures 25 degrees
and with the project, the view window will increase to 44 degrees. Based upon the
City of Newport Beach
Planning Commission Resolution No. 1787
Page 13 of 37
visual simulations prepared for the project presented within the Environmental Impact
Report, the public view from Ocean Boulevard to the west will be improved due to the
position of the proposed building.
Although the proposed building is taller than the existing building, there is no public view
over the buildings; therefore, the taller building proposed will not impact a public view.
The project is consistent with the 28/32 -foot height limitation zone of the Zoning Code
as demonstrated by the project plans and verified by staff, and with other building
envelope restrictions with the exception of setback encroachments as proposed.
Based upon the visual simulations prepared for the project presented within the
Environmental Impact Report, and since the residential portion of the proposed will not
extend below 50.7 feet MSL and is consistent with the predominant line of existing
development as identified by the City Council on August 14, 2007, impacts to public
views of the site from the south, west and from Begonia Park are not significantly
impacted so as to be inconsistent with CLUP policy.
The visual impact of the proposed docks as depicted in the project visual simulations
presented within the Environmental Impact Report do not represent a significant impact.
The expanded docks with boats create a transient impediment to viewing the project
bluff and rocks depending upon the viewer's location. The closer to the site the viewer
is, the more prominent the boats in the docks would be in a particular view; however,
views of the project site would be provided as one "cruises" in and out of the harbor and
the bluff, rocks and cove below the proposed residential building are not being
physically altered or covered.
The proposed residential building provides a 9 -foot setback to the property line abutting
215 Carnation Avenue. Improvements within this setback area are low to the ground
and would not be high enough to obstruct public views from Carnation Avenue to the
west. This view does not presently exist given existing site improvements to be removed
with project construction. Other setback encroachments are below the grade of the
street and would not impact a public view. Project encroachments into the required side
yard setback abutting Bayside Place do impact public views from Begonia Park or other
vantage points from the northwest as the balconies and walkway do not project beyond
the silhouette of the remainder of the building that conforms to setback regulations. No
other public views exist from the street through the site due to the position of the current
buildings. Therefore, the proposed project will not have an impact upon existing public
views through the site to the south and west. The recordation of a public view easement
to protect the public views over the site from Ocean Boulevard and Carnation Avenue is
required as a condition of approval.
WHEREAS, the proposed project is consistent with the following policies of
Chapter 4 (Coastal Resource Protection) as they related to the scenic and visual
qualities of the coastal zone and to minimizing the alteration of the coastal bluff based
upon the following:
City of Newport Beach
Planning Commission Resolution No. 1787
Page 14 of 37
Policy 4.4.1 -1. Protect and, where feasible, enhance the scenic and visual qualities of
the coastal zone, including public views to and along the ocean, bay, and harbor and to
coastal bluffs and other scenic coastal areas.
Policy 4.4.1 -2. Design and site new development, including landscaping, so as to
minimize impacts to public coastal views.
Policy 4.4.1 -3 Design and site new development to minimize alterations to significant
natural landforms, including bluffs, cliffs and canyons.
Policy 4.4.3 -8. Prohibit development on bluff faces, except private development on
coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in
Corona del Mar determined to be consistent with the predominant line of existing
development or public improvements providing public access, protecting coastal
resources, or providing for public safety. Permit such improvements only when no
feasible alternative exists and when designed and constructed to minimize alteration of
the bluff face, to not contribute to further erosion of the bluff face, and to be visually
compatible with the surrounding area to the maximum extent feasible.
Policy 4.4.3 -9. Where principal structures exist on coastal bluff faces along Ocean
Boulevard, Camation Avenue and Pacific Drive in Corona del Mar, require all new
development to be sited in accordance with the predominant line of existing
development in order to protect public coastal views. Establish a predominant line of
development for both principle structures and accessory improvements. The setback
shall be increased where necessary to ensure safety and stability of the development.
Policy 4.4.3 -12. Employ site design and construction techniques to minimize alteration
of coastal bluffs to the maximum extent feasible, such as:
A. Siting new development on the flattest area of the site, except when an
alternative location is more protective of coastal resources.
B. Utilizing existing driveways and building pads to the maximum extent
feasible.
C. Clustering building sites.
D. Shared use of driveways.
E. Designing buildings to conform to the natural contours of the site, and
arranging driveways and patio areas to be compatible with the slopes and
building design.
F. Utilizing special foundations, such as stepped, split level, or cantilever
designs.
G. Detaching parts of the development, such as a garage from a dwelling
unit.
H. Requiring any altered slopes to blend into the natural contours of the site.
The City Council has interpreted Policies 4.4.3 -8 and 4.4.3 -9 to mean that development
on bluff faces is prohibited, except private development on coastal bluff faces along
City of Newport Beach
Planning Commission Resolution No. 1787
Page 15 of 37
Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to
be consistent with the predominant line of existing development. Additionally, public
improvements on coastal bluff faces that are allowable are those that provide public
access, protect coastal resources, or provide for public safety when no feasible
alternative exists and when they are designed and constructed to minimize alteration or
further erosion of the bluff face and are visually compatible with the surrounding area to
the maximum extent feasible. In all cases where the predominant line of existing
development is used to establish a development limit, it shall not be the only criteria
used for this purpose. All coastal land use policies shall be considered in determining
the appropriate extent of new development and size of new structures. The City Council
made these clarifications by adopting Coastal Land Use Plan Amendment No. 2007-
003, which has not yet been considered by the California Coastal Commission.
Existing development of the site is located on the face of a coastal bluff. Identification of
the project site as a coastal bluff is based upon the professional opinion of Sidney
Neblett, a Certified Engineering Geologist. The coastal bluff transitions from northwest -
facing to southwest - facing roughly southwest of the intersection of Ocean Boulevard
and Carnation Avenue almost bisecting the project site. This transition point extends
down to the northwest to the western extent of a small pocket beach unofficially known
as Carnation Cove. North of the transition point of this bluff, is a series of residential
structures developed on Carnation Avenue between 42 and 58 feet NAVD88. East of
the transition point along Ocean Boulevard is a series of residential structures that were
developed much farther down the bluff face with several at the water's edge. The City
Council reviewed this existing development pattern at a noticed public hearing on
August 14, 2007, and determined that the predominant line of existing development is
50.7 NAVD88, which is similar to and consistent with the development pattern
established by the project site and development to the north along Carnation Avenue.
The visible portion of the residential component of the project does not extend below the
50.7 NAVD88 contour except where it connects with an existing access staircase on the
bluff face leading to the docks below. The exit below the 50.7 NAVD88 contour is
recessed and screened from public view. The project minimizes alteration of the coastal
bluff and protects public views of the coastal bluff by not altering the bluff face below the
predominant line of existing development and preserving the majority of the visible bluff.
The project is required to blend any altered slopes outside of the building footprint to the
natural contours, native rocks or soils of the site. For these reasons, the project protects
the scenic and visual qualities of the coastal zone, minimizes alteration of the bluff and
is consistent with CLUP Policies 4.4.1 -1, 4.4.1 -2, 4.4.1 -3, 4.4.3 -8, 4.4.3 -9, 4.4.3 -12 and
Coastal Land Use Plan Amendment No. 2007 -003.
WHEREAS, the granting of the Modification Permit allowing above grade and
below grade encroachments into the front and side yard setbacks 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 for the following reasons:
City of Newport Beach
Planning Commission Resolution No. 1787
Page 16 of 37
The site is irregular in shape, has steep topography and has submerged lands which
make it difficult to design a project at the density proposed while providing required
parking and avoiding significantly altering the bluff. Approximately 43% of the site is
submerged or has slopes in excess of 50 %. The requirement to provide on -site parking
requires that a significant portion of the building area be allocated for the parking,
thereby reducing available area for residential units. The required side yard setback is
also larger than the required front yard setback and the application of this standard
represents a practical difficulty given the relatively small buildable area available on the
entire site.
WHEREAS, the granting of the Modification Permit allowing above grade and
below grade encroachments into the front and side yard setbacks will be compatible
with the existing development in the neighborhood and the granting of the permit
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 for the following reasons:
The requested encroachments within the front yard setback, with the exception of the
42 -inch high protective guardrails, will be entirely subterranean and will not be visible.
The proposed guardrails wi II have an open design allowing visibility through while
providing adequate protection to pedestrians on the public sidewalk from falling over the
proposed (and allowable) retaining wall located within the required front yard setback.
Building encroachments within the required side yard setback on levels below the street
will not be visible. The requested above - grade, 1 -foot, 7 inch, building encroachment in
the required side yard setback adjacent to 215 Carnation Avenue will provide a 9 -foot
setback that will create a public view from Carnation Avenue. This public view presently
does not exist given the location and nature of existing improvements. The provided
setback exceeds typical 4 -foot setbacks between buildings along Camation Avenue.
This 9 -foot setback will provide sufficient separation between the project and the
abutting residence to the north. The encroachments of balconies, including protective
guard railings, within the side setback abutting Bayside Place should not impact these
residents given the change in topography, the separation provided by Bayside Place, a
private roadway, and the fact that these residences are oriented toward Newport Bay
and not project. The encroachments within the side setback abutting Bayside Place also
do not encroach within a public view from Begonia Park or other vantage points from
the west any more than the proposed building does which is compliant with the setback.
The encroaching balconies and guard railings will encroach into private views of
residents to the north on Carnation Avenue, but the majority of the view to the west and
southwest will remain unchanged.
WHEREAS, Newport Tract No. 2005 -004 (TTM16882) can be approved based
upon the following findings:
1. The modified project is consistent with the current land use designation including the
proposed amendment. The project is consistent with Land Use Element Policy
LU5.1.9 regarding the character and quality of multi - family residential development.
City of Newport Beach
Planning Commission Resolution No. 1787
Page 17 of 37
The project is consistent with Land Use Element and Natural Resources Element
policies related to the protection of public views, visual resources, coastal bluffs and
other natural resources based upon the project's consistency with the Coastal Land
Use Plan. The site is not subject to a specific plan. Minimum lot sizes established by
the Zoning Ordinance are also maintained as required by the City Subdivision Code.
The tentative tract map, pursuant to the conditions of approval, is consistent with the
Newport Beach Subdivision Code (Title 19) and applicable requirements of the
Subdivision Map.
2. The buildable area of the site is relatively small compared to the entire 1.4 acre site.
The development of the site is not likely to be subject to coastal erosional processes
or hazards during the 75 -year economic life of the project. No earthquake faults were
found on -site and there is not likely to be an incidence of landslide, lateral spreading,
subsidence, liquefaction, or collapse of soils on -site or near the site given site soil
conditions. These factors indicate that the site is suitable for the development
proposed.
3. The design of the subdivision and proposed improvements, subject to conditions of
approval, will not cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat based upon the Environmental Impact
Report (SCH# 2007021054) and the adoption of mitigation measures as conditions of
project approval.
4. The tract map would recombine two lots and a small portion of a third lot and
subdivide the planned airspace of the proposed building for residential condominium
purposes. The subdivision is not expected to cause serious public health problems
given the use of typical construction materials and practices. No evidence is known to
exist that would indicate that the proposed subdivision will generate any serious
public health problems. All mitigation measures as outlined in the Environmental
Impact Report and the Building, Grading and Fire codes will be implemented to
ensure the protection of public health.
5. The proposed subdivision will not conflict with easements, acquired by the public at
large, because a utility and sewer easement that affects the site is presently not in
use and can be abandoned. The design of the proposed subdivision will avoid and
protect in place an existing storm drain easement and storm drain. The storm drain
easement will appear on the final map. 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. The site is not subject to a Williamson Act contract.
7. The subdivision is subject to Title 24 of the California Building Code that requires new
construction to meet minimum heating and cooling efficiency standards depending on
location and climate. The Newport Beach Building Department enforces Title 24
compliance through the plan check and field inspection processes. The site has a
City of Newport Beach
Planning Commission Resolution No. 1787
Page 18 of 37
western exposure and incorporates curved roof elements that will provide some
shading of windows and passive solar cooling. Significant exterior wall segments are
below grade which will benefit from passive cooling.
8. 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 needs although the proposed subdivision will have the effect of
reducing the residential density on the site from 15 units to 8 units. The reduction is
insignificant given the City's current housing supply and projected housing needs.
Although the reduction in units does not assist the City in reaching its production
goals, no affordable housing units are being eliminated based upon the fact that the
project was not occupied by low or moderate income households. The reduction in
density is consistent with existing density limitations of the Municipal Code.
9. Wastewater discharge into the existing sewer system will be consistent with existing
residential use of the property, which does not violate Regional Water Quality
Control Board (RWQCB) requirements.
10.The proposed subdivision is entirely within the coastal zone and the site is not
presently developed with coastal - related uses, coastal- dependent uses or water
oriented recreational uses that would be displaced by a non - priority use. The project
site is constrained by topography and public access exists nearby making on -site
vertical and lateral access unnecessary. Public access to the area is enhanced as a
result of increasing public parking opportunities on Carnation Avenue afforded by 3
on street parking spaces to be added with closure of existing driveway curb cuts.
The position of the proposed building enhances public views from Ocean Boulevard
and Carnation Avenue by increasing the view angle between the development on
the project site and adjacent development as well as creating a view corridor
between the proposed building and 215 Carnation Avenue where a public view
presently does not exist. The modified project developed in accordance with the
conditions of approval will minimize alteration of the coastal bluff and preserve the
scenic and visual quality of the coast by preserving the bluff below 50.7 feet
NAVD88. Lastly, the project will not impact sensitive marine resources with the
implementation of the conditions of approval including the mitigation measures
identified in the AERIE Environmental Impact Report (SCH #2007021054).
WHEREAS, the project includes the demolition of 15 dwelling units within the
Coastal Zone within 2 buildings and pursuant to Chapter 20.86 of the Zoning Code,
units proposed for demolition and occupied by low or moderate income households
must be replaced if such replacement is determined to be feasible. The 15 units are not
occupied by low or moderate income households and, therefore, no replacement units
are required. Households potentially meeting the low or moderate income limits were
not evicted for the purpose of avoiding a replacement requirement within the previous
12 months.
City of Newport Beach
Planning Commission Resolution No. 1787
Page 19 of 37
WHEREAS, a draft Environmental Impact Report (SCH #2007021054) has been
prepared pursuant to the Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3. The DEIR was circulated for a 45 -day comment
period beginning on March 20, 2009, and concluding on May 4, 2009. Comments and
responses to the comments were considered by the Planning Commission in its review
of the proposed project.
WHEREAS, 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, with the exception of short-term construction
noise. 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 are feasible and reduce potential
environmental impacts to a less than significant level, with the exception of short-term
construction noise. The mitigation measures are applied to the project and are
incorporated as conditions of approval.
WHEREAS, the record further supports a Statement of Overriding
Considerations pursuant to the California Environmental Quality Act in that the project
includes benefits that outweighs the short-term construction - related impacts of the
proposed project.
WHEREAS, the Planning Commission 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.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council certify the AERIE Environmental Impact
Report (SCH #2007021054).
Section 2. Based on the aforementioned findings and information contained in
the administrative record, the Planning Commission hereby recommends that the City
Council adopt a Statement of Overriding Considerations specifically identifying project
benefits that outweigh the short-term construction - related impacts of the proposed
project.
Section 3. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2005-
006 per Exhibit "A ", Coastal Land Use Plan Amendment No. 2005 -002 per Exhibit "B ",
Code Amendment No. 2005 -009 per Exhibit "C "; and approve Newport Tentative Tract
City of Newport Beach
Planning Commission Resolution No. 1787
Page 20 of 37
Map No. 2005 -004 (TTM 16882), Modification Permit No. 2005 -087 and Coastal
Residential Development Permit No. 2005 -002 (PA 2005 -196) subject to conditions of
approval attached as Exhibit "D ".
Section 3. Planning Commission Resolution Nos. 1723, 1751 and 1761 are
hereby rescinded.
PASSED, APPROVED AND ADOPTED THIS 4th DAY June, 2009.
AYES: Eaton, Unsworth, Hawkins,
Peotter, McDaniel and Hillgren
NOES: Toerge
BY: AW
Scott Peotteir, Chairman
Barry .U-
City of Newport Beach
Planning Commission Resolution No. 1787
Page 21 of 37
Exhibit "A"
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City of Newport Beach
Planning Commission Resolution No. 1787
Page 22 of 37
Exhibit "B"
City of Newport Beach
Planning Commission Resolution No. 1787
Page 23 of 37
Exhibit "C"
City of Newport Beach
Planning Commission Resolution No. 1787
Page 24 of 37
Exhibit "D"
CONDITIONS OF APPROVAL
Newport Tract No. 2005 -004 (Tentative Tract Map No. 16882)
Modification Permit No. 2005 -087
(Project - specific conditions are in italics)
Planning Department
The applicant shall comply with all federal, state, and local laws. Material violation
of any of those laws in connection with the use will be cause for revocation of this
permit. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
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.
4. The development shall be in substantial conformance with the approved plans
stamped and dated May 21, 2009, except as modified by the conditions of approval.
All provisions contained within the Construction Management Plan dated March 17,
2009, shall be implemented throughout implementation of the project to the
maximum extent possible. The construction management plan shall be revised to
incorporate the following additional project design features: 1) the use of a steel
sleeve for the drilling of holes for dock piles and procedures for the containment of
tailings from the drilling process; 2) the placement of a silt curtain across the entrance
to the cove; and 3) the placement of a protective barrier (15 mil Stegowrap or
equivalent) under the upper fixed pier walkway prior to the repair and renovation of
the walkway.
5. Project approvals shall expire unless exercised within 36 months from the effective
date of approval. Reasonable extensions may be granted by the Planning Director
in accordance with the Municipal Code and Subdivision Map Act.
6. The applicant shall obtain a Coastal Development Permit from the California
Coastal Commission prior to the issuance of any building, grading or demolition
permit for the project.
7. The Covenants, Conditions, and Restrictions (CC &Rs) for the proposed
condominium association shall provide for the long term maintenance of the project
City of Newport Beach
Planning Commission Resolution No. 1787
Page 25 of 37
and shall be reviewed and approved by the Office of the City Attorney prior to their
recordation. The CC &Rs shall include a provision that residents shall park only
operable vehicles within the parking garage that are in active use (i.e. no long term
storage of vehicles).
8. Prior to the issuance of a grading or building permit, the applicant shall provide the
City with a performance bond or its equivalent to ensure timely completion of all
improvements represented on plans and drawings submitted for permit approval in
the event construction of improvements consistent with project approval is
abandoned. The performance bond or its equivalent shall be an amount equal to
100% of the cost of completing project improvements from the start of grading
activities up to completion of the building shell and shall be issued with the City as
beneficiary by an insurance company currently authorized by the Insurance
Commissioner to transact business of insurance in the State of Califomia and shall
have an assigned policyholders' Rating of A (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide
unless otherwise approved by the City Risk Manager. The bond or equivalent shall
be released in 25% increments upon completion of each quarter of construction of
the building shell.
9. Prior to the issuance of a gradinq or building permit for new construction, the
applicant shall execute a waiver of all claims against the City for future liability or
damage resulting from the approval to build the project. The form and content of
the waiver shall be in a form acceptable to the office of the City Attorney and the
waiver shall be recorded against the property in question.
10. 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 (SC 4.5.1).
11. Prior to the issuance of a building permit, the applicant shall prepare a photometric
study in conjunction with a final lighting plan for approval by the Planning Director.
The site shall not be excessively illuminated as excessive illumination may be
determined consistent with the luminance recommendations of the Illuminating
Engineering Society of North America or by the Planning Director in the event the
illumination creates an unacceptable negative impact on surrounding land uses or
environmental resources.
12. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code Enforcement Division
to confirm control of light and glare. The Planning Director may order the dimming
of light sources or other remediation upon finding that the site is excessively
illuminated (SC 4.5 -2).
City of Newport Beach
Planning Commission Resolution No. 1787
Page 26 of 37
13. Prior to the issuance of a building ,permit, a landscape and irrigation plan prepared
by a licensed landscape architect shall be submitted for review and approval by the
Planning Director. The plans shall incorporate native drought tolerant plantings and
water efficient irrigation practices. All planting areas, with the exception of bluff
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. The proposed landscaping
adjacent to the back of sidewalk shall be designed with provisions that will prevent
irrigation and/or other runoff from spilling onto the sidewalk.
14. Bluff landscaping shall consist of native, drought tolerant plant species determined
to be consistent with the California coastal buff environment. Invasive and non-
native species shall be removed. Irrigation of bluff faces to establish re- vegetated
areas shall be temporary and used only to establish the plants. Upon
establishment of the plantings, the temporary irrigation system shall be removed
(SC 4.7 -2).
15. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an
inspection by the Code and Water Quality Enforcement Division to confirm that all
landscaping materials and irrigation systems have been installed in accordance
with the approved plans.
16. All 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, watering, 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.
17. A floating dock and boat slips may be developed, maintained and operated in open
coastal waters adjacent to the residential condominium development provided all
necessary permits are first obtained. The docks and slips shall be developed and
maintained in substantial conformance with the approved dock layout plan and must
be reviewed and approved by the Harbor Resources Manager prior to construction.
The maximum number of permanent boat slips shall be no greater than the total
number of residential units developed. Use of the boat slips shall be limited to
residents and their guests and the slips shall not be leased, subleased or allowed to
come into the control of non - residents of the condominium development.
18. Water leaving the project site due to over - irrigation of landscape shall be
minimized. If an incident such as this is reported, a representative from the Code
and Water Quality Enforcement Division of the City Manager's Office shall visit the
City of Newport Beach
Planning Commission Resolution No. 1787
Page 27 of 37
location, investigate, inform resident if possible, leave a note and in some cases
shut -off the water.
19. Watering should be done during the early morning or evening hours to minimize
evaporation (between 4:00 p.m. and 9:00 a.m., the following morning).
20. All irrigation system leaks shall be investigated by a representative from the Code
and Water Quality Enforcement Division of the City Manager's Office and the
applicant or future owners shall complete all required repairs.
21. Prior to the issuance of a building or grading permit, a waiver of future shoreline
protection during the economic life of the structure (75 years) shall be recorded
against the property. The waiver shall be binding upon all future owners and
assignees. The waiver shall be reviewed and approved by the Office of the Office
of the City Attorney prior to recordation (SC 4.9 -3).
22. Accessory structures shall be relocated or removed if threatened by coastal
erosion. Accessory structures shall not be expanded and routine maintenance of
accessory structures is permitted (SC 4.9 -4).
23. Prior to issuance of a certificate occupancv for the project the applicant shall
install a public bench within the public right -of -way as depicted on the site plan.
The specific design and location of the bench shall be approved by the Public
Works, Planning and General Services Departments prior to installation.
24. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
25. Noise - generating construction and /or maintenance activities may be permitted only
between the hours of 7:00 a.m. and 6:30 p.m. on weekdays and 8:00 a.m. to 6.00
p.m. on Saturdays. No noise - generating construction activities may occur at any
time on Sundays or on federal holidays. These days and hours shall also apply
any servicing of equipment and to the delivery of materials to or from the site (SC
4.4 -1).
26. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification of
costs or prior to the issuance of a Building Permit.
27. All altered slopes that are outside of the building envelope shall be contoured to
resemble the existing natural terrain. Any alteration or damage of the bluff face not
part of the approved grading or building plans shall be repaired and said repairs shall
resemble the existing natural terrain.
City of Newport Beach
Planning Commission Resolution No. 1787
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28. 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
AERIE Project including, but not limited to, the approval of General Plan
Amendment No. 2005 -006, Coastal Land Use Plan Amendment No. 2005 -002,
Code Amendment No. 2005 -009, Tentative Tract Map No. 2005 -004 (Tract 16882),
Modification Permit No. 2005 -087 and Coastal Residential Development Permit
No. 2005 -002 collectively referred to as PA 2005 -196; and /or the City's related
California Environmental Quality Act determinations, the adoption of a
Environmental Impact Report and a Mitigation Monitoring Program for the AERIE
Project. 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.
29. The project shall incorporate and implement an emergency power backup system so
the vehicle lifts will operate during a power outage. The location of the generator shall
be sound attenuated and screened from public view and subject to the review and
approval of the Planning Director.
30. Remote control operators for the vehicle elevators, in quantities equal to the number
of parking spaces assigned to each dwelling unit, shall be provided to occupants of
the respective units. The project shall incorporate an extemal indicating system to
alert drivers which vehicle elevator will be available for immediate use. The vehicle
elevator system shall be maintained for efficient use throughout the life of the project.
31. Vehicle parking and maneuvering areas shall be restricted to the operation,
maneuvering and parking of operable vehicles and shall not be used for storage of
any kind including the long -term storage of vehicles not in regular use.
32. No idling of construction vehicles or equipment shall be allowed. Construction
vehicles and equipment shall be properly operated and maintained and shall be
tumed off immediately when not in use. Construction workers, equipment
operators or truck drivers shall not employ any form of audible signaling system
during any phase of construction.
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Planning Commission Resolution No. 1787
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33. Reclaimed water shall be used wherever available, assuming it is economically
feasible.
34. All plans and proposed uses within the project site shall to comply with all
applicable Federal, State, and local regulations pertaining to the transport, storage,
use and /or disposal of hazardous materials (SC 4.8 -1).
35. Residents of the project shall comply with California Code Title 14 (Natural
Resources), Section 29.05, which prohibits the taking of any marine organisms within
1,000 feet of the high tide line without a sport fishing license (SC 4.7 -1).
36. The applicant shall dedicate a view easement; however, it will only affect the
project site. Structures and landscaping within the easement area shall not be
permitted to block public views. The easement shall be recorded prior to the
issuance of a building permit for new construction and shall be reflected on the
final tract map (SC 4.5 -2).
37. If human remains are encountered, State Health and Safety Code Section 7050.5
states that no further disturbance shall occur until the County Coroner has made a
determination of origin and disposition pursuant to Public Resources Code Section
5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be Native American, the County Coroner will notify the
Native American Heritage Commission (NAHC), which will determine and notify a
Most Likely Descendant (MLD). With the permission of the landowner or his /her
authorized representative, the MLD may inspect the site of the discovery. The
MLD shall complete the inspection within 24 hours of notification by the NAHC.
The MLD may recommend scientific removal and nondestructive analysis of
human remains and items associated with Native American burials (SC 4.10 -1).
38. A qualified paleontologist shall be retained by the project applicant to develop a
Paleontological Resource Impact Mitigation Program (PRIMP) consistent with the
guidance of the Society of Vertebrate Paleontology (SVP). In the event that fossils
are encountered during construction activities, ground- disturbing excavations in
the vicinity of the discovery shall be redirected or halted by the monitor until the
find has been salvaged. Any fossils discovered during project construction shall
be prepared to a point of identification and stabilized for long -term storage. Any
discovery, along with supporting documentation and an itemized catalogue, shall
be accessioned into the collections of a suitable repository. Curation costs to
accession any collections shall be the responsibility of the project applicant (SC
4.10 -21).
Fire Department
39. One gumey - accommodating elevator shall be provided in accordance with Chapter
30 of the Califomia Building Code within the project that must access each level.
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Planning Commission Resolution No. 1787
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40. A Class 111 standpipe system shall be provided at the private dock in accordance with
Newport Beach Fire Department guidelines.
41. A public fire hydrant shall be provided at the comer of Carnation Avenue and Ocean
Boulevard. The hydrant shall be installed and tested prior to occupancy of the project,
unless required earlier by the Fire Department.
42. A fire alarm system with fire control room shall be provided within the project.
Monitored Automatic fire sprinklers shall be required for the entire structure to meet
NFA13, 2003 Edition and in accordance with Newport Beach Fire Department
requirements. Shut -off valves and a waterflow device shall be provided for each unit.
A Class 1 standpipe shall be provided at every level at all stairs. Standpipe and
sprinklers may be a combination system.
43. The project shall provide pressurized exit enclosures and vestibules in accordance
with the Building Code. Enclosures shall be a minimum two -hour fire rated
construction.
44. Approved numbers or addresses shall be placed on all new and existing buildings
in such a position that is plainly visible and legible from the street or road fronting
the property. Said numbers shall be of made of non - combustible materials, shall
contrast with their background, and shall be either internally or externally
illuminated to be visible at night. Number shall be no less than six inches in height
with a one -inch stroke.
Public Works
45. All parking stall dimensions shall comply with City's Standard Drawings STD -805-
L-A (SC 4.2 -1).
46. Driveway /drive aisle slopes shall comply with City Standard STD - 160 -L -C, which
accommodate a 15 percent maximum slope and a maximum change in grade of 11
percent. The building plans shall show detailed profile of each of the proposed
driveways (SC 4.2 -1).
47. Project driveways must conform to the City's sight distance standard 110 -L. The
project driveway to the parking area on the Second Level shall maintain a
minimum 20 -foot width. The overall design of vehicle access and parking areas
shall be reviewed and approved by the City Traffic Engineer (SC 4.2 -1, SC 4.2 -2 &
SC 4.2 -3).
48. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
49. Construction surety in a form acceptable to the City, guaranteeing the completion
of the various required public improvements and repairs, shall be submitted to the
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Planning Commission Resolution No. 1787
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Public Works Department for City Council approval prior to the issuance of Public
Works Department encroachment permit.
50. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
51. A water demand, a storm drain system capacity, and a sanitary sewer system
capacity study shall be submitted to the Public Works Department along with the
first building plan check submittal. The recommendations of these studies shall be
incorporated as a part of the submitted plans.
52. Street, drainage and utility improvements within the public right -of -way shall be
submitted on City standard improvement plan formats. All of the plan sheets shall
be wet sealed, dated, and signed by the California registered professionals
responsible for the designs shown on said plans.
53. All new landscaping within the public right -of -way shall be approved by the General
Services Department and the Public Works Department.
54. The applicant shall submit detailed plans for the on -site drainage system(s) to
demonstrate that it will prevent the underground garage from being flooded during
storm events.
55. The Developer shall file one (1) Final Tract Map (Map).
56. The roadway cross section shown on the Map with a 110 -foot right -of -way width
should be labeled as "Ocean Boulevard ".
57. The Map shall be prepared on the California coordinate system (NAD88). Prior to
Map recordation, 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 the Orange County Subdivision Code and Orange County
Subdivision Manual. 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.
58. Prior to recordation, the Map boundary shall be tied onto the Horizontal Control
System established by the County Surveyor in a manner described in Sections 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 City Engineer.
Monuments shall be protected in place if installed prior to completion of
construction project.
59. The applicant's request to vacate the existing sewer /utilities easement shall be
approved by the City Utilities Department prior to the issuance of a building permit
or the recordation of the final tract map if the easement is no longer needed. The
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existing private ingress/egress easement with the same width, length, and
alignment as the existing sewedutilities easement shall be vacated or permission
from the beneficiaries of the private easement shall be documented prior to the
issuance of a building permit or the recordation of the final tract map.
60. A 5 -foot wide public sewer and utilities easement as measured from the centerline
of the existing sewer main fronting the development site shall be recorded against
the property. The applicant shall prepare and submit the legal description for said
easement for City review and approval.
61. All easements of record shall be recorded as a part of the Final Map.
62. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings.
63. The sidewalk portion of the proposed new driveway approach shall be constructed
with 2% cross -fall per City Standards.
64. Temporary construction sheet piles shall be installed to protect all existing storm
drain and sanitary sewer mains within and adjacent to the development site.
65. No structures or construction tie -backs shall be constructed within the limits of any
easements or public right -of -way without the approval of an Encroachment
Agreement and Permit.
66. Full -width concrete sidewalk and curb and gutter shall be constructed along the
length of the Carnation Avenue and Ocean Boulevard frontages. The new sidewalk
shall join the existing sidewalk in front of 2501 Ocean Boulevard.
67. New concrete curbs shall be dowelled into sound concrete roadway pavement.
68. Trees shall not be installed at locations where mature tree roots could damage the
existing City sewer main.
69. Adequate safety provisions for pedestrians and W/B Ocean Boulevard vehicle
traffic along the length of the perimetedretaining walls along the Carnation Avenue
frontage shall be shown on building plans and shall be installed and maintained
throughout the life of the project.
70. Each dwelling unit shall be served by its individual water service and sewer lateral
connection and cleanout.
71. All utility connections shall be placed underground in accordance with the
Subdivision Code.
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Planning Commission Resolution No. 1787
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72. The on -site parking, vehicular circulation and pedestrian circulation systems shall
be subject to further review and approval by the Traffic Engineer and any
corrections /modifications shall be made to the satisfaction of the Traffic Engineer.
73. All non - standard improvements within the public right -of -way shall require an
Encroachment Agreement and Encroachment Permit.
74. Standard curb, gutter and sidewalk shall be installed within the public right of way
across the frontage of the project site. Curb cuts for vehicle driveway approaches
shall directly lead to the parking areas or vehicle elevators.
75. Gates shall not be designed to open out into the public right -of -way.
76. Raised planters shall not be permitted within the Public right -of -way. Planting
adjacent to the curb shall accommodate a vehicle car door opening. Project
landscape plans shall provide details of the planters and shall be reviewed and
approved by the Public Works Department prior to the issuance of a building
permit.
77. The driveway approaches within the public right -of -way shall be shall be narrowed
to the width of garage openings they serve. Six -inch curbs shall have a 3 foot flare.
Drive approaches shall be modified to comply with ADA requirements.
78. Planters adjacent to the freight elevators shall be pulled back from the Camation
Avenue property line two feet to improve vehicle maneuvering. Planters in the front
yard shall not encroach into the projection of the garage door edge.
79. No structural support column shall be located in the middle of the driveway leading
to the parking area located on the Second Level.
80. Prior to the issuance of a building permit, the applicant shall prepare a study of the
existing drainage area and catch basin in Carnation Avenue to determine the
appropriate size of catch basin. The study shall be subject to the review and
approval by the City. The developer shall enlarge the existing catch basin
accordingly and shall bear all costs of design, permitting and construction.
81. Prior to the issuance of the building permit, Public Works Department plan check
and inspection fee shall be paid.
82. Prior to the issuance of a qradinq or building permit, the applicant shall prepare a
final Construction Management Plan that includes routing of large vehicles. The
plan shall include a haul route plan for review and approval of the Public Works
Department. Said plan shall specify the routes to be traveled, times of travel, total
number of trucks, number of trucks per hour, time of operation, and
safety /congestion precautions (e.g., signage, flagmen). Large construction vehicles
shall not be permitted to travel narrow streets and alleys as determined by the
City of Newport Beach
Planning Commission Resolution No. 1787
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Public Works Department. Traffic control and transportation of equipment and
materials shall be conducted in accordance with state and local requirements. The
plans shall include a provision that maintains the public right -of -way open to
vehicular and pedestrian traffic after working hours daily.
83. Where vehicles leave the construction site and enter adjacent public streets, any
visible track -out extending for more than fifty (50) feet from the access point shall
be swept within thirty (30) minutes of deposition.
84. Prior to commencement of demolition and grading, the applicant shall submit to the
City calculations showing the proposed travel route for haul trucks, the distance
traveled, and how many daily truck trips that can be accommodated to ensure that
the daily cumulative miles traveled is below the assumed total vehicle miles
traveled in the quantitative air quality assessment of the Environmental Impact
Report.
Building Department
85. The applicant is required to obtain all applicable permits for construction from the City
of Newport Beach. The final construction plans must comply with the most recent,
City - adopted version of the California Building Code. The facility shall be designed
to meet fire protection and safety requirements and shall be subject to review and
approval by the Newport Beach Building and Fire Departments (SC 4.3 -5, SC 4.6-
4, SC 4.9 -1, and SC 4.9 -2).
86. County Sanitation District fees shall be paid prior to issuance of any building
permits.
87. Prior to the issuance of the grading permit, a Stormwater Pollution Prevention Plan
( SWPPP) shall be prepared and approved by the City of Newport Beach as the
local permitting agency in accordance with the requirements of the Regional Water
Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate
and /or minimize stormwater pollution prior to, and during construction. The
SWPPP shall require construction to occur in stages and stabilized prior to
disturbing other areas and require the use of temporary diversion dikes and basins to
trap sediment from run -off and allow clarification prior to discharge (SC 4.6 -3).
88. Prior to the issuance of the grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area Management
Plan (DAMP). Particular attention should be addressed to the appendix section
"Best Management Practices for New Development." The WQMP shall clearly
show the locations of structural BMP's, and assignment of long term maintenance
responsibilities (which shall also be included in the Maintenance Agreement). The
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Planning Commission Resolution No. 1787
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plan shall be prepared to the format of the DAMP title "Water Quality Management
Plan Outline" and be subject to the approval of the City (SC 4.6 -2).
89. Prior to the issuance of the grading or building permit, the applicant shall obtain a
NPDES permit and /or coverage under the NPDES statewide General Construction
Activity Stormwater 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 (SC 4.6 -1).
90. Prior to the issuance of a grading or building permit, the applicant shall submit an
Erosion and Sediment Control Plan (ESCP) in a manner meeting approval of the
City Building Official, to demonstrate compliance with local and state water quality
regulations for grading and construction activities. The ESCP shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be properly covered, stored, and secured
to prevent transport into local drainages or coastal waters by wind, rain, tracking,
tidal erosion, or dispersion. The ESCP shall also describe how the applicant will
ensure that all Best Management Practices (BMPs) will be maintained during
construction of any future public right -of -ways. A copy of the current ESCP shall
be kept at the project site and be available for City of Newport Beach review on
request. The ESCP shall include and require the use of soil stabilization measures
for all disturbed areas.
91. Prior to issuance of the grading permit, the project applicant shall document to the
City of Newport Beach Building Department that all facilities will be designed and
constructed to comply with current seismic safety standards and the current City -
adopted version of the Uniform Building Code.
92. Prior to issuance of the grading permit, a geotechnical report shall be submitted
with construction drawings for plan check. The Building Department shall ensure
that the project complies with the geotechnical recommendations included in the
preliminary geologic investigation as well as additional requirements, if any,
imposed by the Newport Beach Building Department.
93. Prior to issuance of the building permit, school impacts fees will be paid to the
Building Department to assist in funding school facility expansion and educational
services to area residents.
94. The project shall strictly adhere to SCAQMD Rule 403, which sets requirements for
dust control associated with grading and construction activities (SC 4.3 -1).
95. The project shall strictly adhere to SCAQMD Rules 431.1 and 431.2, which require
the use of low sulfur fuel for stationary construction equipment (SC 4.3 -2).
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96. The project shall strictly adhere to SCAQMD Rule 1108, which sets limitations on
ROG content in asphalt (SC 4.3 -3).
97. The project shall strictly adhere to SCAQMD Rule 1113, which sets limitations on
ROG content in architectural coatings (SC 4.3 -4).
Mitigation Measures from Environmental Impact Report (SCH #2007021054)
98. All construction equipment, stationary and mobile, shall be equipped with properly
operating and maintained muffling devices, intake silencers, and engine shrouds
no less effective than as originally equipped by the manufacturer (MM 4.4 -1a).
99. The construction contractor shall properly maintain and tune all construction
equipment to minimize noise emissions (MM 4.4 -1b).
100. The construction contractor shall locate all stationary noise sources (e.g.,
generators, compressors, staging areas) as far from residential receptor locations
as feasible (MM 4.4 -1c).
101. The construction contractor shall post a contact name and telephone number of
the owner's authorized representative on -site (MM 4.4 -1d).
102. The construction contractor shall install temporary sound blankets or plywood
panels with a minimum Sound Transmission Class rating of 32 or higher and a
density of 1.5 pounds per square foot or greater (e.g., SoundSeal BBC -13 -2 or
equivalent) along the entire outer perimeter of the construction area. The
temporary sound blankets or plywood panels shall have a minimum height of six
feet. If plywood panels are selected, they must have a minimum density of four
pounds per square foot and have no perforations or gaps between the panels (MM
4.4 -1 e).
103. The construction contractor shall select quieter tools or construction methods
whenever feasible. Examples of this include the use of plasma cutters, which
produce less noise than power saws with abrasive blades and ordering precut
materials to specifications to avoid on -site cutting (MM 4.4 -1f).
104. The construction contractor shall maximize the use of enclosures as feasible. This
includes four -sided or full enclosures with a top for compressors and other
stationary machinery. This also includes locating activities, such as metal stud and
rebar cutting, within constructed walled structures to minimize noise propagation
(MM 4.4 -1 g).
105. Any repairs, renovations, removal or demolition activities that will impact the ACM
or inaccessible ACM shall be performed by a licensed asbestos contractor.
Inaccessible suspect ACM shall be tested prior to demolition or renovation. Air
emissions of asbestos fibers and leaded dust would be reduced to below a level of
City of Newport Beach
Planning Commission Resolution No. 1787
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significance through compliance with existing federal, state, and local regulatory
requirements. Proper safety procedures for the handling of suspect ACM shall
always be followed in order to protect the occupants of the building and the
asbestos workers (MM 4.8 -1).
106. A contractor performing paint removal work shall follow the OSHA lead standard
for the construction industry. The lead content of the paint should be considered
when choosing a method to remove the pain, as proper waste disposal
requirements and worker protection measures shall be implemented throughout
the removal process (MM 4.8 -2).
107. Project implementation shall adhere to the engineering recommendations for site
grading and foundation design and construction presented in the Conceptual
Grading Plan Review Report prepared by Nebeltt & Associates, Inc., and
subsequent detailed geotechnical engineering analyses (MM 4.9 -1 a).
108. Accessory structures shall be relocated or removed if threatened by coastal
erosion. Accessory structures shall not be expanded and routine maintenance of
accessory structures is permitted (MM 4.9 -1b).
109. During periods when boats would be exposed to excessive wave - induced motions,
boats should be sheltered at mooring can locations that are available inside
Newport Harbor to avoid damage (MM 4.9 -2a).
110. The dock design shall be based on the extreme wave conditions identified in the
coastal engineering study (Noble Consultants, Inc., 2008) (MM 4.9 -2b).