HomeMy WebLinkAbout1990 - TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, TRAFFIC STUDY, AND MITIGATED NEGATIVE DECLARATION - 1560 Placentia Ave RESOLUTION NO. 1990
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE
DECLARATION NO. ND2015-002 AND APPROVING TENTATIVE
TRACT MAP NO. NT2014-002, PLANNED DEVELOPMENT
PERMIT NO. PL2015-001, AND TRAFFIC STUDY NO. TS2014-
007 FOR THE CONSTRUCTION OF 81 SINGLE-UNIT
RESIDENTIAL CONDOMINIUMS LOCATED AT 1560
PLACENTIA AVENUE (PA2014-110)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ebb Tide, LLC., with respect to property located at 1560
Placentia Avenue, and legally described as a portion of Lot 714 of First Addition to
Newport Mesa Tract, requesting approval of a Tentative Tract Map, Planned
Development Permit, and Traffic Study.
2. The applicant proposes the relocation or demolition of 73 mobile homes, and the
construction of 81 single-unit residential condominiums, private streets, common open
space, and landscaping on a 4.7-acre site. The application includes a request to exceed
the 28-foot flat roof height limit by approximately 10 feet under the provisions of Zoning
Code Section 20.28.060 (Height Overlay District).
3. The subject property is located within the Multiple Residential (RM) Zoning District in the
Height (H) Overlay District, and the General Plan Land Use Element category is Multiple
Residential (RM).
4. The subject property is not located within the coastal zone.
5. On January 27, 2015, the City Council deemed a Relocation Impact Report (RIR)
adequate prior to the closure of the mobile home park pursuant to Government Code
Section 65863.7.
6. A public hearing was held on August 6, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration (IS/MND) have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K-3.
Planning Commission Resolution No. 1990
Page 2 of 29
2. The draft Mitigated Negative Declaration was circulated for a 30-day comment period
beginning on July 2, 2015, and ending on July 31, 2015. The contents of the
environmental document and comments on the document were considered by the
Planning Commission in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse effects on human beings that would be
caused. Additionally, there are no long-term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration attached as Exhibit "A" and Mitigation Monitoring
and Reporting Program attached as Exhibit "B" are hereby adopted. The document
and all material, which constitute the record upon which this decision was based, are
on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach,
California.
SECTION 3. REQUIRED FINDINGS.
Tentative Tract Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
Newport Beach Municipal Code, the following findings and facts in support of a tentative tract
map are set forth:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the site as Multiple Residential
(RM), which is intended to provide for areas appropriate for multiple-unit residential
developments containing attached or detached dwelling units. The General Plan Land
Use Element Figure LU8 allows a maximum density of 18 dwelling units per acre. The
proposed project does not exceed the maximum allowable density of 84 units (4.7 X
18).
2. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires
multi-family dwellings to be designed to convey a high quality architectural character in
regards to building elevations, ground floor treatment, roof design, parking, open
03-03-2015
Planning Commission Resolution No. 1990
Page 3 of 29
space, and amenities. The ground treatment principles are not applicable because the
dwelling unit entrances face the interior private streets. Parking is provided as
attached garages integrated with the residential structures, while the guest spaces
throughout the site are uncovered. Consistency with the remaining principles of LU
5.1.9 is ensured through compliance with development standards and the Planned
Development Permit.
3. The proposed project is consistent with General Plan Policy LU 6.6.2, which promotes
the development of a mix of residential types and building scales as the proposed
project includes a detached product type that will contribute to the variety of housing
types in the West Newport Mesa area.
4. The subject property is not located within a specific plan area.
5. The Public Works Department has reviewed the proposed tentative tract map and
found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable
requirements of the Subdivision Map Act.
6. The applicant will provide an in-lieu park dedication fee pursuant to Chapter 19.52 (Park
Dedications and Fees), as required for park or recreational purposes in conjunction with
the approval of a residential subdivision. The existing mobile home park has 73 mobile
home spaces and the proposed project would increase the number of dwelling units to
81. The in-lieu park fee would be required for the eight additional dwelling
units. Credit for the existing residential units is provided because the impact to park
services is related to the increase in residents associated with the new units.
7. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The 4.7-acre site is regular in shape, has a slope of less than 20 percent, and is not
within a zone deemed to be subject to seismically induced liquefaction potential. The site
is large enough to accommodate the density proposed in compliance with all applicable
Zoning requirements. The site is suitable for the type and density of development
proposed in that the infrastructure serving the site and surrounding area has been
designed and developed to accommodate the proposed project. As required by
Condition of Approval Nos. 25 and 28, a drainage study and sewer demand study will be
prepared to ensure that the storm drain and sewer main are adequate, and upgrades will
be required if the infrastructure is not adequate.
03-03-2015
Planning Commission Resolution No. 1990
Page 4 of 29
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision-making
body may nevertheless approve such a subdivision if an environmental impact report
was prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
Facts in Support of Finding:
1. The proposed project is not located near fish or wildlife habitat and the design of the
subdivision will not cause substantial damage to habitat. An IS/MND has been
prepared for the project consistent with the implementing regulations of CEQA. On the
basis of the entire environmental review record, the proposed Project will have a less
than significant impact upon the environment with the incorporation of mitigation
measures for air quality, cultural resources, and hazards and hazardous materials.
The mitigation measures identified in the IS/MND are feasible and reduce potential
environmental impacts to a less than significant level. The site is developed in a highly
urbanized area and no significant natural resources exist on the project site or in the area
of the project site.
Finding.
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. The proposed Tentative Tract Map is for condominium purposes. All construction for
the project will comply with all Building, Public Works, and Fire Codes, which are in
place to prevent serious public health problems. Public improvements will be required
of the developer per Municipal Code Section 19.28.010 (General Improvement
Requirements) and Section 66411 (Local agencies to regulate and control design of
subdivisions) of the Subdivision Map Act. Furthermore, the proposed project conforms
to all applicable City ordinances.
2. Mitigation measures identified in the IS/MND reduce potential impacts associated with
air quality, cultural resources, and hazards and hazardous materials to a level that is
less than significant.
3. No evidence is known to exist that would indicate that the planned subdivision pattern will
generate any serious public health problems.
03-03-2015
Planning Commission Resolution No. 1990
Page 5 of 29
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision-making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones previously
acquired by the public. This finding shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to the City Council to determine that the public at large has
acquired easements for access through or use of property within a subdivision.
Facts in Support of Finding:
1. The design of the development does not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development
as there are no public easements that are located on the property. Sufficient site
access is provided from the abutting public right-of-way (Placentia Avenue) with the
proposed parcel map.
2. Public improvements, including removal and replacement of damaged concrete curb,
gutter, and sidewalk along Placentia Avenue will be required of the applicant pursuant
to the Municipal Code and the Subdivision Map Act. Each residential unit will be
required to provide separate water service/meter and sewer lateral and cleanout.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding:
1 . The property is not subject to the Williamson Act. The subject property is not
designated as an agricultural preserve and is less than 100 acres.
Finding:
G. That, in the case of a "land project" as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to
be included within the land project, and (b) the decision-making body finds that the
proposed land project is consistent with the specific plan for the area.
03-03-2015
Planning Commission Resolution No. 1990
Page 6 of 29
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 was repealed by the
Legislature in 2006 via Assembly Bill 2711. However, the proposed subdivision is not
a "land project," as defined in prior California Business and Professions Code Section
11000.5 because it does not consist of 50 or more parcels.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act.
Facts in Support of Findinq:
1. The proposed Tentative Tract Map includes detached dwelling units with open space,
private streets, and walkways further separating the units. The proposed subdivision
design allows for solar access and future passive or natural heating and cooling
opportunities. The proposed building height is 38 feet, which is compatible with other
structures in the area. Of the 81 units, 59 are aligned east-west and all units will have
sufficient setbacks to provide southern exposure.
2. The proposed improvements are subject to Title 24 of the California Building Code that
requires new construction to meet minimum heating and cooling efficiency standards
based on location and climate. The Newport Beach Building Division enforces Title 24
compliance through the plan check and inspection process.
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding:
1. The maximum residential density allowed for the site will remain unchanged with
project approval. The proposed 81 dwelling unit project is consistent with the RM
General Plan land use designation which allows a maximum of 84 residential units on
the property. The minor reduction in units will not affect the City's ability to meet its
regional housing goals.
03-03-2015
Planning Commission Resolution No. 1990
Page 7 of 29
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding:
1. Wastewater discharge from the project into the existing sewer system has been
designed to comply with the Regional Water Quality Control Board (RWQCB)
requirements.
2. A National Pollutant Discharge Elimination System (NPDES) permit is required from the
RWQCB for the proposed construction activities. Additionally, a Water Quality
Management Plan (WQMP) has been prepared, pursuant to the requirements of the
NPDES permit.
3. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality
Control Program involves the preparation and implementation of a Stormwater
Pollution Prevention Plan (SWPPP) for construction-related activities, which will
specify the Best Management Practices (BMP's) that the project will be required to
implement during construction activities to ensure that all potential pollutants of
concern (including sediment) are prevented, minimized, and/or otherwise appropriately
treated prior to being discharged from the subject property.
4. The conditions of approval include the requirement for a sewer demand study to
determine if the existing sewer main on Placentia Avenue will be able to handle the
sewage flows from the proposed development. Sewer connections have been
conditioned to be installed per City Standards, the applicable provisions of Chapter
14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing
Code.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding:
1. The subject property is not located within the Coastal Zone.
Planned Development Permit
In accordance with Section 20.52.060 (Planned Development Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
03-03-2015
Planning Commission Resolution No. 1990
Page 8 of 29
Finding:
L. The proposed development would:
a. Include only uses allowed within the base zoning district;
b. Be substantially consistent with the purpose, intent, goals, policies, actions, and
land use designations of the General Plan, and any applicable specific plan;
c. Be substantially consistent with the purpose and intent of the base zoning district;
d. Include sustainable improvement standards and protection of environmental
resources; and
e. Be compatible with other development within the zoning district and general
neighborhood of the proposed project.
Facts in Support of Finding:
1. The Land Use Element of the General Plan and the Zoning Code designate the site as
Multiple Residential (RM), which is intended to provide primarily for multiple-unit
residential developments containing attached or detached dwelling units. The
proposed 81-unit detached residential development is consistent with these
designations.
2. See Facts Al, A2, and A3 in support of this finding.
3. The subject property is not located within a specific plan district.
4. The proposed project is consistent with the development standards within Section
20.18.030 (Residential Zoning Districts General Development Standards), including
density, lot area, lot width, floor area, setbacks, open space, and parking. The
proposed two-car garages for provide a clear interior dimension of 17 feet 6 inches
wide by 19 feet deep, which is the minimum size required for narrow lots pursuant to
Section 20.40.090 (Parking Standards for Residential Uses). The Planned
Development Permit can authorize the minimum interior dimensions requested as part
of the application due to the lot configurations and condominium plan proposed. Each
residential unit is approximately 21 feet wide with 6-foot separations between the
adjacent units; therefore, it is appropriate to apply the narrow lot garage standards. In
addition, each garage is slightly larger is areas (approximately 20 feet by 20 feet) to
allow for refuse container storage. The proposed setbacks are consistent with the
purpose and intent of the RM district and the deviations are allowed with an approved
Planned Development Permit. Setbacks ensure adequate light and air between
structures. The proposed 13-foot setback is adequate and compatible with surrounding
uses. The increased building height is allowed with an approved Planned
Development Permit if certain findings can be made, See Facts in support of Findings
R-X in support of the increased building height.
5. The proposed project includes a 15-foot landscaped setback at the front property line
with an additional 10-foot setback or greater to the buildings, site walls and
landscaping along the side and rear property lines, and adequate setbacks between
structures and from the property lines. The proposed height is compatible with the
03-03-2015
Planning Commission Resolution No. 1990
Page 9 of 29
single-, two-, and three-story multiple-unit residential, industrial, medical, and
commercial uses in the general neighborhood. The property to the north, within the city
of Costa Mesa, is in an area which allows live/work units up to 60 feet in height. The
nearest existing structure to the north is more than 30 feet from the property line. The
property to the southwest is an apartment development facing Placentia Avenue and is
two stories with sloped roofs and heights estimated at 28 feet. The structures on
abutting properties to the south are between 15 and 25 feet away from the property
line. Within 400 feet of the southerly property line and 250 feet of the easterly property
line there are four-story medical office buildings exceeding 38 feet in height.
6. The structures are designed to be energy efficient and will allow for the future
installation of photovoltaic solar panels.
Finding:
M. The project would produce a development of higher quality and greater excellence of
design than that might otherwise result from using the standard development
regulations.
Facts in Support of Finding:
1. The proposed project provides increased open space compared to the minimum
required by the Zoning Code, additional landscaped areas, and recreational amenities
including a pool and spa, lounge areas, seating and gathering areas, shade structures,
and an outdoor kitchen area. The proposed project will provide quality building design
through complementary materials, building articulation and modulation, and varied roof
planes to provide increased visual interest. The applicant describes the proposed
design as contemporary coastal architecture with clean sleek design lines. The
materials will include a combination of carefully detailed wood-like siding, stucco, and
metal/steel elements. The colors of the materials will include white, beige, and brown,
with red, blue, green, and grey accent colors. Any stucco on the building will have a
smooth finish. The reduction in side setbacks by two feet allows for increased
separation between buildings, walkways, landscaping, and an efficient vehicular
access design with the private streets.
2. The increased height allows for additional private open space on roof decks above
three-story structures. The total gross floor area for all units is significantly below what
is allowed for the site, and the vertical design allows for significant building separation
and open space throughout the site. The added height also allows for taller floor to
ceiling heights common in today's housing market providing better livability within the
larger rooms provided.
Finding:
N. The subject site is adequate in terms of size, shape, topography, and circumstances to
accommodate the proposed development.
03-03-2015
Planning Commission Resolution No. 1990
Page 10 of 29
Facts in Support of Finding:
1. The subject property is 4.7 acres, rectangular in shape, and has a slope of less than
20 percent, which is adequate to accommodate the proposed 81 detached dwelling
units, private streets, open space, and landscaping within the minimum and maximum
density allowed by the Zoning Code and General Plan.
Finding:
O. The project, as conditioned, will not have a substantial adverse effect on surrounding
properties or allowed uses.
Facts in Support of Finding:
1 . The proposed project provides adequate separation from structures to adjacent
properties. The recreational area is located towards the center of the property, which
will reduce any potential noise or odor impacts to the neighborhood.
2. The conditions of approval will ensure compliance with applicable rules and
regulations, reduce potential lighting glare impacts, and ensure maintenance of
landscaping.
Finding:
P. The project includes improved quality of life provisions and enhanced amenities,
including an additional and appropriate variety of structure placement and orientation
opportunities, appropriate mix of structure sizes, high quality architectural design,
common open space, landscaping, parking areas, private open space, public art,
recreational amenities for adults and/or children, private or separated entrances,
sustainable improvement standards (e.g., energy efficient building design,
construction, and operation; convenient pedestrian and bicycle circulation; water and
resource conservation), etc.
Facts in Support of Finding:
1. The site design includes a mix of east-west and north-south oriented buildings that
provide variety of structure placement to promote visual interest. The proposed
dwelling units each have a separate entrance. The units range in size between 2,170
and 2,572 square feet of gross floor area. Private open space is provided for each unit
by back yards, second floor decks, and roof decks. The total private open space per
unit varies for each plan type and unit, but each unit significantly exceeds the minimum
requirement. The back yards are approximately 300 square feet. The second floor
decks range from 45 to 172 square feet and the roof.decks range from 393 to 846
square feet. Each unit includes a 2-car garage and 44 guest parking spaces are
provided throughout the site.
03-03-2015
Planning Commission Resolution No. 1990
Page 11 of 29
2. A recreational area is provided for the residents for use by both adults and children,
including a pool/spa, restroom, seating and lounge areas, a barbeque, entertainment
counter, wood deck areas, turf area, enhanced paving, short-term bicycle parking, and
landscaping. Landscaping is proposed throughout the site, with significant plantings
along the front and side property lines, at the project entrance, and in the recreational
area.
3. The proposed design includes several complementary materials, building articulation
and modulation, and varied roof planes to provide increased visual interest. The
applicant describes the proposed design as contemporary coastal architecture with
clean sleek design lines. The materials will include a combination of carefully detailed
wood-like siding, stucco, and metal/steel elements. The structures are designed to be
energy efficient and compatible with future installation of photovoltaic solar panels. A
minimum of 70 percent of the landscaping will be drought tolerant with low water
demands.
Finding:
Q. The design, location, operating characteristics, and size of the project would be
compatible with the existing and future uses in the vicinity, in terms of aesthetic values,
character, scale, and view protection.
Facts in Support of Finding:
1. The project is located in the RM Zoning District in the West Newport Mesa area and is
compatible with the existing and allowed uses in the area including multiple-unit
residential, industrial, medical, and commercial uses. The project meets the minimum
and maximum density standards of the Zoning Code and General Plan. The maximum
floor area allowed pursuant to Section 20.18.030, Table 2-3 is 336,682 square feet,
and the proposed project includes a total of 191,100 square feet.
2. The use will remain residential and the operational characteristics will not change
remarkably as a result of the proposed project; and the use will remain compatible with
the allowed multiple-unit residential, industrial, medical, and commercial uses in the
vicinity.
3. The proposed subdivision provides a driveway aligned with Production Place, which
will promote safe and convenient vehicle entry.
4. The proposed design as shown in architectural drawings includes several
complementary materials, building articulation and modulation, and varied roof planes
to provide visual interest. The applicant describes the proposed design as
contemporary coastal architecture with clean sleek design lines. The materials will
include a combination of carefully detailed wood-like siding for enhanced durability,
stucco, and metal/steel elements with several materials used on each elevation to
provide visual interest. With the quality design, proposed setbacks, landscaping, open
space, and the total floor area significantly below the allowed gross floor area, the
03-03-2015
Planning Commission Resolution No. 1990
Page 12 of 29
proposed project with parapet heights at up to 38 feet is compatible with the existing
and future uses in the area.
5. The subject property is not located at or near a public view point or corridor as
identified in the General Plan Figure NR3 (Coastal Views).
Height
In accordance with Section 20.30.060 (Height Limits and Exceptions) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
R. The project applicant is providing additional project amenities beyond those that are
otherwise required. Examples of project amenities include, but are not limited to:
i. Additional landscaped open space;
ii. Increased setback and open areas;
iii. Enhancement and protection of public views.
Facts in Support of Finding:
1. Pursuant to Section 20.18.030, multiple-unit residential projects are required to provide
75 square feet per unit of common open space and 5 percent of the gross floor area
for each unit of private open space; the proposed project exceeds both requirements.
The common open space is provided in the recreational area towards the center of the
property and provides over 3,000 square feet above the minimum requirement.
Landscaping is proposed throughout the site, with significant plantings along the front
and side property lines, at the project entrance, and in the common recreational area.
Walkways and additional landscaping are also provided along the private streets. The
back yards are fenced in for each unit providing private open space and these yards
will be landscaped.
2. The required front setback along Placentia Avenue is 20 feet. A 6-foot high subdivision
wall is located 15 feet from the front property line with landscaping between the wall
and public sidewalk. The proposed front setback includes a 15-foot landscape setback
and an additional 10-foot or greater setback to the buildings that is provided as a rear
yard to the units along Placentia Avenue. The proposed residential units are three
stories with a roof deck. The roof decks provide additional private open space beyond
the minimum code requirements and allow residents enjoy panoramic views, including
views of the Pacific Ocean. The recreational area, walkways, private streets, guest
parking, and setbacks between structures provide increased setback and open areas
throughout the property.
3. The increased building height allows for 9- and 10-foot ceiling plate heights that are
common in today's housing market and is a desirable amenity. The higher ceilings
03-03-2015
Planning Commission Resolution No. 1990
Page 13 of 29
increase natural light within the buildings, improve the livability, and make the larger
rooms more proportional
4. The subject property is not located at or near a public view point or corridor as
identified in the General Plan Figure NR3 (Coastal Views). However, the enhanced
landscaping and 25-foot front setback to the primary structures improve the view of the
site from Placentia Avenue.
Finding:
S. The architectural design of the project provides visual interest through the use of light
and shadow, recessed planes, vertical elements, and varied roof planes.
Facts in Support of Finding:
1. The proposed design as shown in architectural drawings includes several
complementary materials, building articulation and modulation, and varied roof planes
to provide visual interest. The applicant describes the proposed design as
contemporary coastal architecture with clean sleek design lines. The materials will
include a combination of carefully detailed wood-like siding for enhanced durability,
stucco, and metal/steel elements with several materials used on each elevation to
provide visual interest.
Finding:
T. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed structure(s) and existing adjacent
developments or public spaces. Where appropriate, the proposed structure(s) provides
a gradual transition to taller or shorter structures on abutting properties.
Facts in Support of Finding:
1. The increased height will not result in undesirable or abrupt scale changes between
the proposed structure and existing adjacent development due to the large distance
between the proposed buildings and the buildings in the vicinity. The project site is
surrounded by multiple-unit residential, industrial, medical, and commercial buildings
that include three story buildings. A minimum 25-foot setback is provided from the front
property line along Placentia Avenue to the structures. The property to the north within
the city of Costa Mesa is in an area targeting live/work units and that are allowed to be
up to 60 feet in height. The property to the southwest is an apartment development
facing Placentia Avenue and is two stories with sloped roofs and heights estimated at
28 feet. Within 400 feet of the southerly property line and 250 feet of the easterly
property line there are four-story medical office buildings exceeding 38 feet in height.
03-03-2015
Planning Commission Resolution No. 1990
Page 14 of 29
Finding:
U. The structure will have no more floor area than could have been achieved without the
approval of the height increase.
Facts in Support of Finding:
1. The maximum floor area allowed pursuant to Section 20.18.030, Table 2-3 is 336,682
square feet. The proposed project includes a total of 191,100 square feet; therefore,
the proposed project will have no more floor area than could have been achieved
without the approved building height increase.
In accordance with Section 20.28.060 (Height Overlay District) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
V. The proposed project provides increased building setbacks from public streets and
property lines above code requirements.
Facts in Support of Finding:
1. A minimum 20-foot front setback is required from the front property line along
Placentia Avenue. Because the project includes a subdivision application, a minimum
front setback of 25 feet that includes a 15-foot landscape setback is provided. The
proposed project includes a subdivision wall located 15 feet from the front property
line, which improves the public streetscape along Placentia Avenue.
2. Adequate separation is provided within the project site between dwelling units and a
13-foot setback is proposed from the side property lines. The proposed layout
improves the views through the property along the side and rear property lines.
Finding:
W. The proposed project provides project enhancements and on-site recreational
amenities for the residents above code requirements.
Facts in Support of Finding:
1. Walkways and landscaping are provided throughout the site as project enhancements
affording residents the ability to walk to the common recreational area without needing
to walk exclusively in the driveways.
2. The common open space required is 75 square feet per unit (6,075 square feet total),
and the proposed project provides 9,061 square feet, exceeding the requirement by
approximately 3,000 square feet. The common open space is provided as a
recreational area that contains a pool/spa, restroom, seating and lounge areas, a
03-03-2015
Planning Commission Resolution No. 1990
Page 15 of 29
barbeque, entertainment counter, wood deck areas, turf area, enhanced paving, short-
term bicycle parking, and landscaping. Specific recreational amenities are not required
by the Zoning Code for the common open space and are proposed as an amenity to
the residents.
Finding:
X. The proposed project provides quality architecture and quality materials.
Facts in Support of Finding:
1. The building elevations include variation in the vertical plane, several different
materials, articulation and modulation, and quality architectural treatment. The colors
of the materials will include white, beige, and brown, with red, blue, green, and grey
accent colors. Any stucco on the building will have a smooth finish.
2. The conditions of approval will include requirements for lighting and building upkeep to
ensure the quality of the architecture remains intact.
In accordance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
Y. That a traffic study for the project has been prepared in compliance with this chapter
[15.40]and Appendix A.
Facts in Support of Finding:
1. A traffic study, for the proposed project dated April 17, 2015, was prepared by DKS
Associates under the supervision of the City Traffic Engineer for the project in
compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) and
Appendix A.
Finding:
Z. That, based on the weight of the evidence in the administrative record, including the
traffic study, one of the findings for approval in subsection (8) can be made:
Facts in Support of Finding:
1. Construction of the project is anticipated to be completed in 2018, within 60 months. If
the project is not completed within 60 months of this approval, preparation of a new
traffic study would be required.
2. The traffic study included 12 study intersections that were analyzed for potential
impacts based on the City's Intersection Capacity Utilization ("ICU") analysis and
03-03-2015
Planning Commission Resolution No. 1990
Page 16 of 29
Highway Capacity Manual ("HCM") analysis. Utilizing the ICU and HCM analyses, the
traffic study determined that the 12 primary intersections identified will continue to
operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance.
Finding:
AA. That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with
all conditions of approval.
Facts in Support of Finding:
1. No improvements or mitigation is necessary because implementation of the proposed
project will neither cause nor make worse an unsatisfactory level of traffic service at
any impacted primary intersection within the City of Newport Beach.
03-03-2015
Planning Commission Resolution No. 1990
Page 17 of 29
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby adopts Mitigated
Negative Declaration No. ND2015-002 as depicted in Exhibit "A" and the Mitigation
Monitoring and Reporting Program as depicted in Exhibit "B" of this resolution.
2. The Planning Commission of the City of Newport Beach hereby approves Tentative Tract
Map No. NT2014-002, Planned Development Permit No. PL2015-001, and Traffic Study
No. TS2014-007, subject to the conditions set forth in Exhibit "C, which is attached
hereto and incorporated by reference.
3. The Mitigated Negative Declaration, Planned Development, and Traffic Study actions
shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
4. The Tentative Parcel Map action shall become final and effective 10 days after the
adoption of this Resolution unless within such time an appeal is filed with the City
Clerk in accordance with the provisions of Title 19 Subdivisions, of the Newport Beach
Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF AUGUST, 2015.
AYES:
NOES:
ABSTAIN:
ABSEfjI�.
BY: �/ OtA4
vJ
M�orya7r, dhAir
BY:
eter Koe I
ing, ecreta
03-03-2015
Planning Commission Resolution No. 1990
Page 18 of 29
EXHIBIT "A"
Initial Study/Mitigated Negative Declaration
SCH No. 2015071007
(Available separate due to document size)
http://www.newportbeachca.gov/cegadocuments
03-03-2015
Planning Commission Resolution No. 1990
Page 19 of 29
EXHIBIT "B"
Mitigation Monitoring Report Program
03-03-2015
Mitigation Monitoring and Reporting Program
for the Ebb Tide Residential Project
Newport Beach, California
Prepared for.-
City
or.City of Newport Beach
Community Development Department, Planning Division
100 Civic Center Drive
Newport Beach, CA 92658
949.644.3200
Contact: Fern Nueno, AICP, Associate Planner
Prepared by:
AECOM
999 Town and Country Road
Orange, CA 92868 _
714.567.2400
August 6, 2015
Table 1: City of Newport Beach—Ebb Tide Residential Project(PA2014-110)—Mitigation Monitoring and Reporting Program
Section 4.3-Air Quality
AQ-1. Residential Disclosure. The Applicant/Seller Prior to Project Applicant in
shall provide disclosure notice to initial home occupancy coordination with
buyers/residents only clearly outlining the issues Community Development
associated with living in a mixed-use environment that Director or designee
includes industriallmanufacturing uses. The language
for this disclosure shall be specified by the Community
Development Director. Copies of each signed
disclosure shall be made available for review upon
written request of the City.
AQ-2. Prior to occupancy of the first residential unit, Prior to Project Applicant in
the Project Applicant shall provide evidence to the City occupancy coordination with
that incremental cancer risk levels associated with Community Development
operation of the existing metal finishing facility at 829 Director or designee
Production Place do not exceed the SCAQMD
recommended cancer risk threshold of 10 in one million
(1.OE-05) at the Project Site. In the event that the risk
threshold is not met, the Project Applicant shall install
Minimum Efficiency Reporting Value (MERV) filters
rated 14 or better with the ventilation systems at all
residential units and inform property owners of
subsequent maintenance and replacement schedules
per filter specifications.
Ebb Tide MMRP(PA2014-110)
Page
-' Verification of
Mitigation gatioWAe,asure. ReiponsibleAqbficy/PirtyT'
onpeion��.,�',','
Date Initial `"4,
Section 4.5—Cultural Resources
CUL-1. In the event that archaeological resources are During City's Project Manager
encountered during grading and construction, all construction (Community Development
construction activities shall be temporarily halted or Department) in
redirected to permit the sampling, identification, and coordination with
evaluation of archaeological materials as determined by Project Construction
the City, who shall establish, in cooperation with the Contractor
project applicant and a certified archaeologist, the
appropriate procedures for exploration and/or salvage
of the artifacts.
CUL-2. In the event that paleontological resources are During City's Project Manager
encountered during grading and construction construction (Community Development
operations, all construction activities shall be Department) in
temporarily halted or redirected to permit a qualified coordination with
paleontologist to assess the find for significance and, if Project Construction
necessary, develop a paleontological resources impact Contractor
mitigation plan (PRIMP) for the review and approval by
the City prior to resuming excavation activities.
Section 4.8—Hazards and Hazardous Materials
HAZ-1. Prior to demolition activities, a Soil Prior to Project Construction
Management Plan (SMP) shall be prepared to address demolition Contractor in coordination
the removal of the stormwater sump in the northern with City's Project
portion of the property and any impacted soil that may Manager(Community
be encountered during excavation and grading. As part Development Department)
of the plan, the sump should be removed and disposed
in accordance with local and state regulations.
Ebb Tide MMRP(PA2014-1 10)
Page 3
Verification
Mtigation.Measure ' 'TlIn
V.
esp?nsib
A
mp1e entation.
HAZ-2. During grubbing and grading operations, a During Project Construction
qualified environmental professional should be on-site construction Contractor in coordination
to identify issues that may arise. The SMP shall be with
used as guidance during this task. City's Project Manager
(Community Development
Department)
HAZ-3. Preventative barriers and venting systems During Project Construction
shall be installed beneath each structure. The venting construction Contractor in coordination
system shall be capable of conversion to an active with City's Project
system should monitoring results dictate. Manager(Community
Development Department)
HAZ-4.Utility trench dams shall be installed in all utility During Project Construction
trenches that extend beneath the building foundations. construction Contractor in coordination
with City's Project
Manager (Community
Development Department)
HAZ-5. Prior to Project completion, an operation and Prior to Project Applicant in
maintenance plan (O&M) shall be prepared for the occupancy coordination with City's
Project site that includes protocols for monitoring, data Project Manager
acquisition, performance evaluation, and reporting (Community Development
activities associated with the mitigation program. A firm Department)
and contractor experienced in the design and
installation of vapor mitigation measures shall be
employed. Selection, design, construction, operation
and monitoring of these mitigation measures shall be in
accordance with DTSC vapor intrusion guidance
documents.
Ebb Tide M M R P(PA2014-1 10)
Page 4
." -� Venfioafion of
Timin of
Mitigation Measure 9 Responsible Agency/Party Completion _,
Implerrienfafion _
Date.=z Indial
HAZ-6. During construction, stormwater runoff shall be During Project Construction
permanently controlled to prevent runoff from adjoining construction Contractor in coordination
properties entering the Project site. with City's Project
Manager (Community
Development Department)
HAZ-7. Visual inspections for areas of impact to soil During Project Construction
shall be conducted during site grading. If unknown or construction Contractor in coordination
suspect materials are discovered during construction by with City's Project
the contractor that are believed to involve hazardous Manager/City Engineer
wastes or materials, the contractor shall:
• Immediately stop work in the vicinity of the
suspected contaminant, removing workers and
the public from the area,
• Notify the City Engineer and Newport Beach
Fire Department;
• Secure the area(s) in question; and
• Implement required corrective actions, including
remediation if applicable.
Ebb Title WARP(PA2014-110)
Page 5
Planning Commission Resolution No. 1990
Page 25 of 29
EXHIBIT "C"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, building elevations, and photographic simulations stamped and dated with the
date of this approval, except as modified by applicable conditions of approval. Future
additions, including enclosing decks, are prohibited. Major changes in building color,
materials, or architecture require approval by the Community Development Director.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. A copy of the Resolution, including conditions of approval Exhibit "C' shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
5. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
6. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
7. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
8. The fair share traffic contribution in effect at the time of building permit issuance shall
be paid in accordance with the Municipal Code.
9. Prior to the recordation of the Tract Map, park dedication fees shall be paid consistent
with the fee amount in effect at the time of payment as established by the City of
Newport Beach Municipal Code.
10. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy
and growing condition consistent with the Municipal Code and shall receive regular
pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of
weeds and debris. All irrigation systems shall be kept operable, including adjustments,
03-03-2015
Planning Commission Resolution No. 1990
Page 26 of 29
replacements, repairs, and cleaning as part of regular maintenance. A minimum of 70
percent of the landscaping shall be drought tolerant with low water demands.
11. The private open space provided as back yards shall include landscaping.
12. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. Prior to the issuance of building permits, the applicant shall demonstrate that
sound within bedrooms will be attenuated to meet City interior noise standards.
13. Gated vehicular access to the site shall be prohibited due to the design of the
subdivision entry driveway that would not provide for an appropriate and safe vehicle
turnaround in advance of the gate.
14. Building materials shall be high quality, durable, authentic to the architectural style,
and applied in a quality fashion. Any stucco on the building shall have a smooth finish.
The expansion joints shall be properly located and constructed in a manner to prevent
and minimize damage to the stucco to the satisfaction of the Community Development
Director.
15. Lighting shall provide ambiance, safety, and security, without unnecessary spillover or
glare. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America. If in the
opinion of the Community Development Director the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources,
the Director may order the dimming of light sources or other remediation.
16. Building owners and tenants shall keep the building exteriors and facades clean and in
good repair.
17. A Tract Map shall be recorded for this development. The Tract Map shall be reviewed
and approved by City Council. The Map shall be prepared on the California coordinate
system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the
Map shall submit to the County Surveyor and the City of Newport Beach a digital-
graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. The Map to be submitted to the City of Newport Beach shall comply with the City's
CADD Standards. Scanned images will not be accepted.
18. Prior to recordation of the tract map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise
approved by the Public Works Department. Monuments shall be protected in place if
installed prior to completion of construction project.
03-03-2015
Planning Commission Resolution No. 1990
Page 27 of 29
19. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
20. An encroachment permit shall be required for all work activities within the public right-
of-way, An encroachment agreement shall be required for any private improvements
installed within the public right-of-way.
21. Proposed streets in this development shall be privately maintained streets. Proposed
streets shall have no parking on both sides of the street.
22. The entry street to the development shall align with Production Place.
23. The existing damaged concrete curb, gutter, and sidewalk along the Placentia Avenue
frontage shall be removed and replaced per City Standards.
24. The existing driveway approaches on Placentia Avenue not used as a part of this
development shall be removed and replaced with new curb, gutter, and sidewalk per
City Standards.
25. New curb access ramps shall be installed at the intersection of the new entry street
and Placentia Avenue per City Standards.
26. All existing overhead utilities on-site shall be undergrounded.
27. A drainage study shall be prepared to determine if existing storm drain lines at
Placentia Avenue and 15th Street can handle the drainage collected in the proposed
storm drain line on Placentia Avenue.
28. Proposed storm drain line design within Placentia Avenue shall be reviewed and
approved by the Public Works Department. This storm drain line shall be constructed
per City Standards.
29. Improvement plans for the proposed private storm drain system on site shall be
reviewed and approved by the Public Works Department. The private on-site system
shall be privately maintained.
30. A sewer demand study shall be prepared to determine if the existing sewer main on
Placentia Avenue will be able to handle the sewage flows from the proposed
development.
31. Improvement plans for the proposed private sanitary sewer system on site shall be
reviewed and approved by the Public Works Department. The private sewer system
on-site shall be privately maintained.
32. A sewer manhole shall be placed at the property line on the new sewer main to the
development to delineate the public sewer main from the private sewer main.
03-03-2015
Planning Commission Resolution No. 1990
Page 28 of 29
33. Each unit shall be served by its own individual water service/meter and sewer lateral
and cleanout.
34. Water service shall be provided by the Mesa Water District. All proposed water system
improvements for this development shall conform to their standards.
35. All existing sewer laterals on Placentia Avenue not used by this development shall be
capped at the property line.
36. All improvements shall comply with the City's sight distance requirement per City
Standard 110-L.
37. Easements for public utilities and for public emergency ingress/egress shall be granted
to the City.
38. Proposed guest parking spaces shall conform to City Standard #805-L-A&B.
39. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could
be required at the discretion of the Public Works Inspector.
40. A geological study from a state-licensed and department approved individual or firm
shall be required due to the proximately of the proposed project to a metal finishing
facility. C.F.C. Sec. 319.2 N.B.F.D. Amendment.
41. No person shall use or store any amount of extremely Hazardous substances (EHS)
equal to or greater than the disclosable amounts as listed in Appendix A part 355, Title
40, of the code of Federal Regulations in a residential zone or adjacent to property
development with residential uses, unless approved mitigation measures are
implemented and maintained as required by the fire code official. C.F.C. Sec.
5004.1.1 N.B.F.D. Amendment.
42. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Ebb Tide Residential Project including, but not
limited to, the Tentative Tract Map No. NT2014-002, Planned Development Permit No.
PL2015-001, Traffic Study No. TS2014-007, and Mitigated Negative Declaration No.
ND2015-002. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
03-03-2015
Planning Commission Resolution No. 1990
Page 29 of 29
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
43. The building elevations facing Placentia Avenue shall include enhanced architectural
elements similar to the front elevations facing the interior private streets.
44. The block wall along Placentia Avenue shall include enhanced designs with stucco,
pilasters, vines, or other design elements to improve the view from the public realm to
the satisfaction of the Community Development Director.
45. The covenants, conditions, and restrictions (CC&Rs) shall prohibit resident parking in
guest parking spaces. The CC&Rs shall require that garages be used for vehicles and
not for storage of personal items that would otherwise impede storage of vehicles within
the garages.
46. The applicant shall notify homeowners of the requirement to maintain and replace the
filters, and importance of having the filters due to the proximity of the Hixson Metal
Plating facility and ongoing air quality concerns.
47. The final landscape plan shall be in compliance with the West Newport Mesa
Streetscape Master Plan. In the event that the Master Plan is not adopted prior to
building permit issuance for the project, the final landscape plan shall be reviewed and
approved by the Planning Commission.
03-03-2015