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HomeMy WebLinkAbout2012-10 - Newport Beach Country Club Conversion and Deny Transfer of Development RightsRESOLUTION NO. 2012 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE CONVERSION OF 17 TENNIS COURTS TO 27 HOTEL UNIT, SITE DEVELOPMENT PERMIT NO. SD2011 -002, LIMITED TERM PERMIT NO. XP2011- 004, AND VESTING TENTATIVE MAP NO. NT2005 -003 AND DENYING TRANSFER OF DEVELOPMENT RIGHTS NO. TD2010 -003 FOR THE NEWPORT BEACH COUNTRY CLUB PROPERTY LOCATED AT 1600 & 1602 EAST COAST HIGHWAY (PA2005 -140) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Golf Realty Fund, with respect to property located at 1600 & 1602 East Coast Highway, and legally described as Parcels 1 and 3 of Parcel Map No. 79 -704 and Parcel 1 and Parcel 2 of Parcel Map 94 -102, requesting an approval to redevelop the existing private golf course and tennis club of the Newport Beach Country Club. The application included the following requests: a. A Planned Community Development Plan adoption to provide development standards and design guidelines for the golf course and tennis club and their ancillary uses, pursuant to Chapter 20.63 of the Municipal Code. b. A Transfer of Development Rights to transfer 27 hotel units from Anomaly No. 43 (Newport Beach Marriott Hotel and Spa site) to Anomaly No. 46 (the Tennis Club site), pursuant to General Plan Land Use Policies LU4.3 and LU6.14.3. C. A Site Development Permit to allow the construction of 35,000 square -foot golf clubhouse and parking lot, twenty -seven (27) hotel units with a 2,170 square - foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis clubhouse, and one lighted stadium - center tennis court, pursuant to the Section 4.3 of the Newport Beach Country Planned Community Development Plan. d. A Vesting Tentative Tract Map to create separate lots for five (5) single -unit residential dwellings, twenty (27) hotel units, tennis club facility, lettered lots for common areas and a private street, pursuant to Title 19 of the Municipal Code. e. A Limited Term Permit (Temporary Structures and Uses) to allow temporary use of structures during construction pursuant to Section 20.60.015 of the Municipal Code. f. A Development Agreement pursuant to Section 15.45.020.A.2.c of the Municipal Code which requires a development agreement as the project includes a zoning code amendment and new non - residential development in City Council Resolution No. 2012 -10 Paqe 2 of 21 Statistical Area L1 (Newport Center /Fashion Island) and General Plan Land Use Policy LU6.14.8 which requires a development agreement since the proposed project is a mixed -use development project and the proposed five (5) single - family units will be drawn from the 450 residential units allocated for the Newport Center /Fashion Island. 2. The application was deemed complete on November 5, 2009; and pursuant to Ordinance No. 2010 -21, the application is being considered and evaluated pursuant to the Zoning Code in effect prior to November 25, 2010. 3. The Planning Commission held public hearings on August 4, 2011, October 20, 2011, and November 17, 2011. At the November 17th hearing with a vote of 3 -2, the Planning Commission adopted Resolution No. 1861, recommending the City Council to: a. Adopt Mitigated Negative Declaration No. ND2010 -008, an Errata to the Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program; b. Approve Planned Community Development Plan No. PC2005 -002, as proposed by staff, for the entire project site which includes the Golf Club and Tennis Club sites; C. Approve a conversion of 17 tennis court to 27 hotel units and deny Transfer of Development Rights No. TD2010 -003; d. Approve Site Development Permit No. SD2011 -002 and Limited Term Permit No. XP2011 -004, as proposed by the applicant, for the improvements to the Tennis Club portion of the project site reserving for future consideration the identification of improvements to the Golf Club portion of the project site; e. Approve Vesting Tentative Tract Map No. NT2005 -003 as proposed by the applicant; and f. Approve Development Agreement No. DA2008 -001. 4. The City Council public hearing was held on January 24, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Pace 3 of 21 2. The Mitigated Negative Declaration, an Errata to the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program were adopted by City Council on January 24, 2012, by adopting certain CEQA determinations containing within Resolution No. 2012 -9, which are hereby incorporated by reference. 3. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS. 1. Tennis Courts Conversion. Finding: A. The conversion will not result in any adverse traffic impacts and is consistent with the General Plan. Facts in Support of Finding: A -1. The twenty -seven hotel units generate 15 A.M., 16 P.M. and 221 average daily trips based upon Institute of Traffic Engineers (ITE) Trip Generation Rates (7th Edition). This increase in traffic is entirely off -set by the traffic associated with the elimination of 17 tennis courts (22 A.M, 56 P.M and 658 average daily trips based upon ITE Trip Generation Rates). As a result, traffic generated by the proposed project would decrease by 389 daily trips, 3 A.M. trips, and 35 P.M. trips. A -2 The design regulations for the hotel rooms set forth in the Planned Community Development Plan will ensure that the proposed hotel use and the physical improvements for the hotel rooms will not lend themselves to conversion to higher traffic - generating uses. A -3. In order to accommodate the development of the proposed 27 hotel -unit development (bungalows), the 17 tennis courts shall be converted to 27 hotel units. The conversion of eliminated 17 tennis courts to 27 hotel units is consistent with the General Plan based upon the recognition that the General Plan provides for additional retail opportunities at Fashion Island, hotel rooms, and housing units within Newport Center. Additionally, the proposed conversion revitalizes an area wherein the General Plan encourages hotel development and the conversion does not create traffic impacts. 2. Site Development Review — The applicant proposes a Site Development Review to allow the redevelopment of the existing golf clubhouse and tennis club, pursuant to the Section 4.3 of the PCDP. Tmplt 03/08/11 City Council Resolution No. 2012 -10 Paae 4 of 21 Finding: A. The Site Development Plan shall be in compliance with all other provisions of the Newport Beach Country Club Planned Community Development Plan. Facts in Support of Finding: A -1. A site development review application has been submitted in accordance to Section 4.0 of the draft PCDP. The portion of the application that applies to the Tennis Club site meets the intent specified in Section 20.52.080 (Site Development Review) of the Municipal Code as the portion of the site based upon the plans provides a coordinated and comprehensive project and will result in a superior built environment thereby creating an amenity for the community. The Golf Club site has been reserved for future consideration. Finding: B. The Site Development Plan shall be compatible with the character of the neighboring uses and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City. Facts in Support of Finding: B -1. The portion of the application that applies to the Tennis Club site includes California Coastal architecture, landscaping components, circulation design, all other project components reflected in the site development review application for the development of the tennis club site are compatible with the character of the neighboring uses and surrounding sites. As a result, the proposed development for the tennis club site is not detrimental to the orderly and harmonious development of the surroundings and the City. The Golf Club site has been reserved for future consideration. Finding: C. The Site Development Plan shall be sited and designed to maximize of aesthetic quality of the Newport Beach Country Club Planned Community Development Plan as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on East Coast Highway. Facts in Support of Finding: C -1. The portion of the application that applies to the Tennis Club site provides one and two story building masses that are carefully sited and represent a comprehensive and coordinated plan. The size, mass and location of structures, the architectural detailing, landscaping, circulation, and signage maximize the aesthetic quality of the project. The proposed villas and bungalows are located over 300 feet from East Coast Highway Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Paqe 5 of 21 and adequate landscaping and open space separate the proposed development from East Coast Highway. The Golf Club site has been reserved for future consideration. Finding: D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development. Facts in Support of Finding: D -1. The site plan proposed for the Tennis Club site and layout of its buildings, parking areas, pedestrian and vehicular access ways, landscaping, and other site features maximize the functionality of the proposed uses, while avoiding conflicts between uses and activities. The villas, bungalows, tennis club, and each of their related amenities have been carefully designed and sited to function cohesively not only with each other, but also with the existing adjacent golf club uses. The Golf Club site has been reserved for future consideration. 3. Vesting Tentative Tract Map. The applicant proposes a vesting tentative tract map on the Tennis Club site to create separate lots for the five (5) single -unit residential dwellings, twenty -seven (27) hotel units, tennis club facility, their common open space areas and a private street to support the propose uses. In accordance with Section 19.12.070 of the Newport Beach Municipal Code, and the following finding and facts in support of such findings are set forth: Findings 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 applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The project is consistent with the Parks and Recreation designation for the golf club site and Mixed Use Horizontal 3 /Park and Recreation (MU- H3 /PR) designation for the tennis club site. A -2. The Public Works Department has reviewed the proposed tentative map and finds it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. A -3. Conditions of approval have been included to ensure compliance with Title 19 and applicable requirements of the Subdivision Map Act. Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Paae 6 of 21 Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: B -1. The existing Tennis Club site is entirely developed and does not support any environmental resources. The Tennis Club site is adequate in size to accommodate the proposed development. There are no topographic /geologic constraints. B -2. The subject site is located in Newport Center /Fashion Island and currently improved with a private golf course (Newport Beach Country Club) and a private tennis club (former Balboa Bay Racquet Club). Given its location which is adjacent to the Fashion Island mixed -use of retail, office, and residential development and major road intersections, this site is ideal for the development of recreation and mixed use development as allowed by the General Plan Land Use Element. Findings C. That the design of the subdivision or the proposed improvements will not 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: C -1. A Mitigated Negative Declaration has been prepared and supports a finding that no significant environmental impacts will result with proposed development of the Tennis Club site in accordance with the proposed subdivision map. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D -1. The proposed Tract Map is for the subdivision parcels in order to accommodate the development of the tennis club and courts, five (5) single -unit residential dwellings, and twenty -seven (27) hotel units on the Tennis Club site. 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. Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Page 7 of 21 D -2. All mitigation measures will be implemented as outlined in the Mitigated Negative Declaration to ensure the protection of the public health. D -3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 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 easements previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: E -1. No other public easements for access through or use of the property have been retained for use by the public at large. 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: F -1. The property is not subject to the Williamson Act since the subject property is not considered 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. Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Paae 8 of 21 Facts in Support of Finding: G -1. The property is not a "land project" as defined in Section 11000.5 of the California Business and Professions Code. G -2. The project is not located within a specific plan area. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Facts in Support of Finding: H -1. The proposed Tract Map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process. Finding: I. 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 Findin 1 -1. The proposed Tract Map does not involve the elimination of residential units and therefore will not affect the City's ability to meet it's share of housing needs. 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: J -1. Waste discharge into the existing sewer system will be consistent with the existing commercial use of the property and does not violate Regional Water Quality Control Board (RWQCB) requirements. J -2. 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. Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Paae 9 of 21 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: K -1. The subject property is located in the Coastal Zone but is not located in proximity to nor provides public access to any beaches, shoreline, coastal waters, tidelands, coastal parks or trails. The existing recreational uses (golf course and tennis club) are private and the elimination of 17 tennis courts does not impact use of public recreational opportunities. SECTION 4. DECISION. 1. The City Council of the City of Newport Beach does hereby: a. Approve the conversion of eliminated 17 tennis courts to 27 hotel units and deny Transfer of Development Rights No. TD2010 -003; b. Approve Site Development Review No. SD2011 -002 for the improvements to the Tennis Club site only (twenty -seven (27) hotel units with a 2,170 square -foot concierge and guest meeting facility and a 7,490 square -foot spa /fitness center, five (5) single -unit residential dwellings, a 3,725 square -foot tennis clubhouse, and one lighted stadium - center tennis court); G. Approve Vesting Tentative Tract Map No. NT2005 -003 for the creation of separate lots for five (5) single -unit residential dwellings, twenty (27) hotel units, tennis club facility, lettered lots for common areas and private street; and d. Approve Limited Term Permit No. XP2011 -004 for the temporary modular buildings to be located on the Tennis Club site only, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference. 2. This resolution shall take effect thirty (30) days after the effective date of Planned Community Development Plan by Ordinance No. 2012 -2. 3. 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. 4. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of January, 2012, by the following vote, to wit: Tmplt: 03/08/11 Mm ATTEST: Leilani Brown, City Clerk Tmplt: 03108/11 City Council Resolution No. 2012 -10 Page 10 of 21 �r i Tmplt: 03108/11 City Council Resolution No. 2012 -10 Page 10 of 21 City Council Resolution No. 2012 -10 Paae 11 of 21 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) COMMUNITY DEVELOPMENT DEPARTMENT 1. Development shall be in substantial conformance with Vesting Tentative Tract Map No. NT2005 -003, Site Development Review No. SD2011 -002 for the improvements to the tennis club portion of the project site only, and Limited Term Permit No. XP2011 -004, stamped and dated with the date of this approval (Except as modified by applicable conditions of approval.) 2. Vesting Tentative Tract Map No. NT2005 -003 is approved for the development located on the Tennis Club site which consists of the subdivision of five (5) single -unit residential dwellings, twenty -seven (27) hotel units and related amenities, the tennis club facility, their common open space areas and a private street. 3. Vesting Tentative Tract Map No. NT2005 -003 shall expire in accordance with the Subdivision Code, unless an extension is otherwise granted consistent with the Subdivision Code and Subdivision Map Act. The expiration date shall be extended for the unexpired term of Development Agreement No. DA2008 -001. 4. Site Development Review No. SD2011 -002 is approved for the development of: a. A 3,725 square -foot tennis clubhouse and one lighted stadium- center tennis court. b. Twenty -seven (27) hotel units with a 2,170 square -foot concierge and guest meeting facility, and a 7,490 square -foot spa /fitness center. C. Five (5) single -unit residential dwellings. d. The Golf Club site has been reserved for future consideration. The plans shall be revised to remove all representations of future development on the Golf Club site. 5. Limited Term Permit No. XP2011 -004 is limited to the Tennis Club site and approved for the use of: a. Two (2) temporary modular buildings to accommodate on -going tennis club operation during the 18 -month construction of new tennis clubhouse. The modular buildings shall be located on the existing tennis courts, shall not interfere with the construction activities or parking, and shall be removed from the Tennis Club site upon completion /occupancy of the new clubhouse. Tmplt: 03/081 I City Council Resolution No. 2012 -10 Pape 12 of 21 6. Site Development Review No. SD2011 -002 and Limited Term Permit No. XP2011 -004 shall expire in accordance with the Zoning Ordinance, unless an extension is otherwise granted consistent with the Zoning Ordinance. The expiration date shall be extended for the unexpired term of Development Agreement No. DA2008 -001. 7. Any substantial change to the approved plans, shall require an amendment to Site Development Review No. SD2011 -002, Limited Term Permit No. XP2011 -004 and /or Vesting Tentative Tract Map No. NT2005 -003 or the processing of new permits. 8. A minimum of 28 parking spaces shall be provided and maintained for The Tennis Club (tennis courts and clubhouse) as provided on the approved plans. 9. A minimum of two (2) enclosed parking spaces shall be provided and maintained for Was #A, B, and E and a minimum of three (3) enclosed parking spaces shall be provided and maintained for Villas #C & D, as provided on the approved plans. Additionally, each of The Villas (single -unit residential dwellings) shall be provided with an open guest parking space which can be located on the private driveway. 10. A minimum of 34 parking spaces shall be provided and maintained for The Bungalows (27 -unit hotel development) as provided on the approved plans. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. 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. 13. Should this business or property be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 14. This Site Development Review and Limited Term Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed development, uses, and/ or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 15. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division and the Municipal Operations Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon Tmplt 03/08111 City Council Resolution No. 2012 -10 Paoe 13 of 21 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. 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, 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. Prior to the final of issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 18. Reclaimed water shall be used for all landscape areas. 19. Water leaving the project site due to over - irrigation of landscape shall be minimized to the maximum extent feasible. 20. Watering of landscape areas shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.). 21. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 22. Prior to issuance of any permit for development, approval from the California Coastal Commission shall be required. 23. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. Tmplt: 03/08/11 Between the hours of TOOAM and 10:OOPM Between the hours of 10:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 24. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Pape 14 of 21 and 6:00 p.m. on Saturday. Noise - generating construction activities are not permitted outside of these hours or on Sundays or Holidays. 25. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Community Development Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 26. Storage outside of buildings or within the parking lot of the property shall be prohibited, with the exception of the required trash container enclosure. 27. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 28. All proposed signs shall be in conformance with the provision of the Newport Beach Country Club Planned Community Development Plan and Chapter 20.42 of the Newport Beach Municipal Code and shall be reviewed and approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 29. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate vehicular sight distance is provided. 30. Lighting shall be in compliance with applicable standards of the Newport Beach Country Club Planned Community Development Plan and Section 20.30.070 of the Newport Beach Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" and up- lighting type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 31. The entire development shall not be excessively illuminated based on the outdoor lighting standards contained within Section 20.30.070 of the Newport Beach Municipal Code, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 32. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines. 33. Prior to issuance of the certificate of occupancy or final of building permits on the Tennis Club site the applicant shall schedule an evening inspection by the Code Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Pape 15 of 21 Enforcement Division to confirm control of all lighting sources. 34. Kitchen exhaust fans for the clubhouses shall be installed /maintained in accordance with the Uniform Mechanical Code and with pollution control units to filter and control odors. 35. The construction and equipment staging area for each phase of the development shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 36. A screen and security fence that is a minimum of six feet high shall be placed around the construction site during construction for each phase of the development. 37. Construction equipment and materials shall be properly stored on the site when not in use for each phase of the development. 38. Prior to the issuance of anv building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 39. Prior to the issuance of anv building, the applicant shall pay all applicable development fees (i.e. school, in -lieu park, fair share, and transportation corridor agency), unless otherwise addressed separately in the Development Agreement. 40. 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 Newport Beach Country Club development including, but not limited to Planned Community Development Plan No. PC2005 -002, Vesting Tentative Tract Map No. NT2005 -003, Transfer of Development Rights No. TD2010 -003, Development Agreement No. DA2008 -001, Limited Term Permit No. XP2011 -004, Mitigated Negative Declaration No. ND2010 -008, and Site Development Permit No. SD2011 -002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 41. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all Tmplt: 03108/11 City Council Resolution No. 2012 -10 Paae 16 of 21 applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 42. Prior to the issuance of grading permits for development, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 43. Prior to issuance of grading permits for development, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 44. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 45. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing /Earth - Moving a. Exposed pits (i.e., gravel, soil, dirt) with five percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. C. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). Tmplt: 03/08/11 City Council Resolution No. 2012 -10 Page 17 of 21 e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five minutes. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. M. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. Unpaved Staging Areas or Roads n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. FIRE DEPARTMENT 46. Automatic fire sprinklers shall be required for all new construction that exceeds 5,000 square feet in size, is located more than 150 feet from an approved fire access road, and /or based on occupancy classification. The sprinkler system shall be monitored by a UL certified alarm service company. 47. All buildings may require a fire alarm system depending upon occupancy classification. 48. Fire hydrant(s) shall be provided every 300 feet along fire access road. The number and location of the fire hydrant shall be determined by the Fire Department. Tmplt 03/08/11 City Council Resolution No. 2012 -10 Paoe 18 of 21 49. Fire Department turnarounds shall have a minimum diameter of 80 feet with no parking allowed. 50. All elevators shall be gurney accommodating. 51. The use or storage of portable propane heaters is prohibited. Heaters for future outdoor areas shall be fixed and plumbed with natural gas. PUBLIC WORKS DEPARTMENT 52. The Final Tract Map shall be legible, scaled, dimensioned, and complete with all necessary pertinent information and details such as easement limits and descriptions; annotated lot lines, centerlines, and boundary lines; signature certificates; curve and line tables: etc. 53. The Final Tract 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 Final Tract Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 54. Prior to recordation, the Final 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. 55. A hydrology and hydraulic study and a master plan of water, sewer and storm drain facilities for the on -site improvements shall be prepared by the applicant and approved by the Public Works Department prior to Final Tract Map recordation. 56. Easements for public emergency and security ingress /egress, weekly refuse service, and public utility purposes on all private streets shall be dedicated to the City. 57. No structures shall be constructed within the limits of any utility easements. 58. All easements shall be recorded as a part of the Final Tract Map. 59. All applicable fees shall be paid prior to the City approval of the Final Tract Map. 60. Construction surety in a form acceptable to the City, guaranteeing the completion of the various required public improvements, shall be submitted to the Public Works Department prior to the City approval of the Final Tract Map. Tmplt: 03/08111 City Council Resolution No. 2012 -10 Paae 19 of 21 61. Street, drainage and utility improvements shall be submitted on City standard improvement plan formats. All plan sheets shall be sealed and signed by the California licensed professionals responsible for the designs shown on the Plans. 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. All storm drain and sanitary sewer mains shall be installed with MacWrap. 64. All runoff discharges shall comply with the City's water quality and on -site non -storm runoff retention requirements. 65. New concrete sidewalks, curbs, gutters, curb disabled access ramps, roadway pavement, traffic detector loops, traffic signal devices, and street trees shall be installed along the development's Coast Highway frontage. 66. Public improvements may be required along the development's Granville Drive frontage upon building permit plan check submittal. 67. All on -site drainage, sanitary sewer, water and electrical systems shall be privately owned, operated, and maintained. 68. All curb return radii shall be 5 -feet (5') minimum. 69. Each dwelling unit or bungalow building shall be served with an individual water service and sewer lateral connection. 70. All overhead utilities serving the entire proposed development shall be made underground. 71. ADA compliant curb ramps shall be installed within the interior parking area. 72. The intersection of the public streets, internal roadways, and drive aisle shall be designed to provide adequate sight distance per City of Newport Beach Standard Drawing STD - 110 -L. Slopes, landscaping, walls, signs, and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight lines (sight cone) shall not exceed 24- inches in height and the monument identification sign must be located outside the line of sight cone. The sight distance may be modified at non - critical locations, subject to approval by the Traffic Engineer. 73. Any damage to public improvements within the public right -of -way attributable to on- site development may require additional reconstruction within the public right -of -way at the discretion of the Public Works Inspector. 74. The parking lot and vehicular circulation system shall be subject to further review and approval by the City Traffic Engineer. Parking layout shall be per City Standard STD Tmplt: 03/08111 City Council Resolution No. 2012 -10 Page 20 of 21 805 -L -A and STD 805 -L -B. Parking layout shall be full dimensioned. On- street parking spaces shall be 8 feet wide by 22 feet long. Drive aisles to parking areas shall be 26 feet wide minimum. The one -way drive aisle adjacent to The Bungalow's concierge office and guest meeting building shall be 14 feet wide minimum with no parking, otherwise the drive aisle shall be widen to accommodate parking. 75. Cul -de -sacs shall comply with City Standard STD-1 02-L and STD -103 -1 and shall have a minimum diameter of 80 feet curb to curb. MITIGATION MEASURES 76. The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (Exhibit "A ") for the project. Tmplt: 03/08/11 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -10 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of January, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle Noes: Mayor Gardner Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2012. Lhk-,Ac) �M City Clerk Newport Beach, California (Seal)