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HomeMy WebLinkAbout2063 -ULLMAN SAILS LOFTS: A CONDITIONAL USE PERMIT, MINOR SITE DEVELOPMENT REVIEW, COASTAL DEVELOPMENT PERMIT, AND TENTATIVE TRACT MAP TO DEMOLISH AN EXISTING COMMERCIAL STRUCTURE AND CONSTRUCT A MIXED-USE AND RESIDENTIAL INFILL CONSISTING OF TWO RETAIL T RESOLUTION NO. 2063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-025, CONDITIONAL USE PERMIT NO. UP2017-005, MINOR SITE DEVELOPMENT REVIEW NO. SD2017-003, AND TENTATIVE TRACT MAP NO. NT2017-001 FOR A MIXED-USE STRUCTURE (RETAIL/OFFICE AND ONE RESIDENTIAL DWELLING UNIT) AND THREE RESIDENTIAL DWELLING UNITS LOCATED AT 410 AND 412 29TH STREET (PA2017-059) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Berk Properties (Applicant), with respect to property located at 410 and 412 29th Street, and legally described as Lots 17, 18, and 19 of Block 225 of the Landscasters Addition of Newport Beach. 2. The Applicant requests a coastal development permit, conditional use permit, minor site development review, and tentative tract map to demolish an existing 9,600-square-foot commercial building to construct: (1) a new mixed-use structure with 1,145 square feet of retail/office floor area and one 2,360 square foot dwelling unit; and (2) three residential dwelling units ranging from 2,485 square feet to 2,515 square feet. A conditional use permit approval is necessary to reduce the required retail/office parking requirement by four spaces. A deviation of the subdivision design standards is necessary in conjunction with the tentative tract map to allow a lot width of less than 40 feet. 3. The subject property is located within the MU-CV/15th St. (Mixed-Use Cannery Village/15th Street)Zoning District and the General Plan Land Use Element category is MU-H4(Mixed- Use Horizontal). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-CV/15th St. (Mixed-Use Cannery Village/15th Street). 5. A public hearing was held on July 20, 2017 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NEMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 32 (Infill Development Planning Commission Resolution No. 2063 Page 2 of 27 Projects). This exemption applies to in-fill development projects in urban areas that are consistent with the General Plan and applicable development standards. In addition, the proposed development must occur on a site of no more than five acres, have no value as habitat for endangered, rare or threatened species, be adequately served by all utilities and public services, and must not result in any significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance. 2. An analysis and exemption determination was prepared for this project. CEQA Class 32 consists of projects characterized as in-fill development meeting the conditions described above. The project site is 0.18 acres in size, is located within an urban area, and can be adequately served by all required utilities and public services. Potential development of the project site was considered and analyzed in the City's 2006 General Plan Environmental Impact Report (EIR) for potential environmental impacts. Based on that analysis, there is no reasonable probability that the project will have a significant effect on the environment due to unusual circumstances, nor will the project result in any short-term or long-term impacts that were not previously considered in the Newport Beach General Plan and General Plan EIR. Implementation of the project will not result in any adverse effects on sensitive biological resources, traffic, air quality, noise orwater quality. The project is consistent with the General Plan designations and policies, and can be found consistent with all applicable zoning regulations upon approval of the requested applications. A geotechnical report, preliminary Water Quality Management Plan, and water/waste-water generation memorandum have been prepared. An analysis of the currently vacant property indicates that the project site and adjacent areas have no value as habitat for endangered, rare, or threatened species. The project is expected to have less than significant impacts related to traffic, noise, air quality, and water quality. The project site does not exceed five acres in area, is located in an urban area, and can be adequately served by all required utilities and public services. Therefore, the project meets all of the conditions described above for in-fill development and qualifies for a Class 32 exemption. SECTION 3. REQUIRED FINDINGS. Coastal Development Permit A coastal development permit is required to allow nonresidential development within the coastal zone. In accordance with NBMC Section 21.52.015(F) (Coastal Development Permits, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. 01-03-17 Planning Commission Resolution No, 2063 Pa e 3 of 27 a. The project complies with the FAR limitations for mixed-use development and multi- unit residential development (0.5 FAR maximum for nonresidential portion of the mixed-use component, 1.0 FAR maximum for residential component of mixed-use, and 1.5 maximum for residential). The project complies with 0.47 FAR for the non- residential portion of mixed-use, 0.97 FAR for the residential portion of mixed-use, and 1.43 FAR for the multi-family residential component. b. The development complies with the required setbacks, which are 0 feet along the front and side property lines and 10 feet along the rear property line abutting the alley. c. The highest guardrail is less than 26 feet from established grade and the highest ridge is approximately 31 feet from established grade, which comply with the maximum height requirements. d. The project includes residential garage and carport parking for a total of 10 vehicles, complying with the minimum two-car garage parking requirement for residential dwelling units and 0.5 space guest parking for residential units. e. The project includes one American's with Disabilities Act (ADA) nonresidential parking space where a total of five parking spaces are required under the Zoning Code. Local Coastal Program Section 21.40.110.D (Impact to Coastal Access Prohibited) prohibits a reduction in required off-street parking that impacts public parking available for coastal access. The reduction will not significantly impact the supply of parking available for coastal access. The project results in a net decrease in nonresidential parking demand on the street where the current parking demand is 39 spaces and the proposed nonresidential parking demand on the street will be four parking spaces. Additionally, the project will add two public street spaces to the parking supply in the area, street parking is available throughout the Cannery Village area, and there are two municipal parking lots within the vicinity of the project site. The nearest shoreline (Rhine Channel) is primarily a navigation channel with little recreational and visual value. The nearest sandy beach is over 1,000 feet away, which is served by public parking that is closer and more convenient to beach goers than the public parking in Cannery Village, 2. The neighborhood is predominantly developed with a mix of nonresidential uses, mixed- use structures, and multi-unit dwellings. The design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 01-03-17 Planning Commission Resolution No, 2063 Pa e 4 of 27 4. The property is not located within 200 feet of coastal waters. A construction erosion control plan has been provided to implement temporary Best Management Practices (BMPs) during construction and minimize erosion and sedimentation and to minimize pollution of runoff and coastal waters derived by construction chemicals and materials. 5. Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), since the project area replaces more than 5,000 square feet of impervious surface area on an already developed site, a Water Quality Management Plan (WQMP) is required. A WQHP prepared by CORE Structure Inc, dated May 15, 2017, has been reviewed by the City's Engineer Geologist. The WQMP includes a project description, potential stormwater pollutants, post-development drainage characteristics, Low Impact Development (LID) BMP selection and analysis, structural and non-structural source control BMPs, site design, and drainage, GIS coordinates for LID and Treatment Control BMPs, and a long term operation and maintenance plan. Construction plans will be reviewed for compliance with the approved WQMP prior to building permit issuance. 6. The property is not located near designated Public View Points or Coastal View Roads and will not impact public coastal views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline; the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available near the project site at the street ends of 29th Street, 30th Street, and Villa Way. Conditional Use Permit A conditional use permit is required to reduce the on-site parking requirement. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding C. The use is consistent with the General Plan and any applicable specific plan: 01-03-17 Planning Commission Resolution No. 2063 Page 5 of 27 Facts in Support of Finding 1. The General Plan Land Use Element designates the site as MU-H4 (Mixed-Use Horizontal), which is intended to establish the character of a distinct and cohesively developed district or neighborhood containing multi-family residential with clusters of mixed-use and/or commercial buildings. Mixed-use or commercial buildings are required on parcels at street intersections and are permissible but not required on other parcels. Development of the site will be consistent with General Plan policies as discussed below. The proposed mixed-use development at the corner parcel and multi- family residential development at the interior parcel are consistent with the land use intent for the subject properties. 2. Land Use Policy LU6.10.1 (Priority Uses) allows multi-family residential and mixed-use buildings that integrate residential above retail or live-work units throughout Cannery Village. Mixed-use, live-work, or commercial buildings are required on corner parcels. The proposed development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with multi-family residential units on the interior parcel. The retail/office uses are intended to serve local residents and will provide a visitor-serving use to the community. The residential dwelling units will further support the retail/office uses and provide a customer base in the neighborhood. The design of the buildings complement the marine and nautical character of the area, which is evocative of the prior sail loft building on-site. 3. Land Use Policy 5.3.6 (Parking Adequacy and Location) requires adequate parking be provided and that it is conveniently located to serve tenants and customers. All required parking garages and carports for the residential component are provided on-site, are readily accessible from the rear alley, and are screened from Villa Way by the proposed building. Adequate parking will be provided to serve the retail/office tenants and customers where a four parking space reduction is necessary for the retail/office component. Overall, the project reduces the nonresidential parking demand on the surrounding streets compared to the existing building on-site. The project adds two additional on-street public parking spaces, street parking is generally available throughout the Cannery Village neighborhood, and two City metered parking facilities are available in the area. 4. The subject properties are not part of a specific plan area. Finding D. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code: Facts in Support of Finding 1. The proposed retail use on the ground floor and office and residential unit at the second floor level within the mixed-use component are consistent with the MU-CV/15th St zoning district. 01-03-17 Planning Commission Resolution No. 2063 Pacie 6 of 27 2. Multi-unit residential condominiums are permitted uses within the MU-CV/15th St zoning district along interior parcels as proposed. 3. A parking management plan is necessary to mitigate impacts associated with a four space reduction in the number of required parking spaces for the nonresidential portion of mixed-use where five parking spaces are required. The development results in a net reduction in parking demand compared to the existing use, street parking is available on the adjacent streets in Cannery Village, and two municipal parking facilities are available in the vicinity. 4. All required residential parking is provided on-site. Finding E. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity: Facts in Support of Finding 1. The project incorporates a variety of features to ensure neighborhood compatibility. The proposed retail/office portion of the mixed-use component are consistent with the City's goals and objectives for Cannery Village. The design incorporates building materials that are consistent with other buildings in the Cannery Village community and are compatible with the nautical and marine uses of the area. The mixed-use entry and residential structures along the 29th Street and Villa Way frontages are designed with a zero setback at to enhance pedestrian connections with the street frontage. 2. All residential parking is provided on-site. 3. In a dense mixed-use environment with multiple uses within close proximity, each building may not need a full supply of parking. The location of land uses within walking distance of one another generates the opportunity for shared trips and there is a component of walk-in patronage from nearby areas. The retail/office uses would be compatible with the surrounding uses and parking demand would be lower due to shared trips. 4. Cannery Village contains on-street parking along 29th Street and Villa Way that is available to patrons. The project will also add two on-street parking spaces with the closure of existing driveways along Villa Way. Land uses in Cannery Village are within close proximity of one another and would generate the opportunity for shared trips. 5. Cannery Village is characterized by a higher level of pedestrian and bicycle traffic than other areas of the city. 6. There are two municipal parking facilities available in the area. The first is the metered City lot at 426 30th Street located one block to the north of the subject property. The second is the metered City lot at the intersection of 30th Street and Newport Boulevard 01-03-17 Planning Commission Resolution No. 2063 Page 7 of 27 located two blocks to the west. The proximity of these parking facilities provides the opportunity for patron parking in the area. 7. The project has been reviewed and found to be compliant with the parking area requirements and landscaping standards as provided in Section 20.40.070 (Development Standards for Parking Areas) and the outdoor lighting standards in Section 20.30.070 (Outdoor Lighting). Finding F. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities: Facts in Support of Findinq 1. The parking configuration provides adequate vehicle access and parking spaces for patrons and residents. 2. Adequate public and emergency vehicle access, public services, and utilities are provided. 3. The development of the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding G. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Findinq 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The project has been conditioned to provide two additional on-street public parking spaces. 2. The mixed-use and residential development will serve the surrounding residential and retail community. This will revitalize the project site and provide an economic opportunity for the property owner to improve the visual character of Cannery Village. Minor Site Development Review A minor site development review is required for the construction of a mixed-use project involving 1 to 4 dwelling units and up to a maximum of 9,999 square feet of gross floor area. 01-03-17 Planning Commission Resolution No. 2063 Page 8 of 27 In accordance with NBMC Section 20.52.080(F) (Site Development Review), the Planning Commission must also make the following findings for approval of a site development review: Finding: H. Allowed within the subject zoning district; Facts in Support of Finding: 1. The property is located in the Mixed-Use Cannery Village/15th Street (MU-CV/15th St) Zoning District, where it is intended to establish a cohesively developed district or neighborhood containing multi-unit residential dwelling units with clusters of mixed-use and/or commercial structures on interior lots of Cannery Village. Mixed-use or nonresidential structures are required on lots at street intersections and are allowed, but not required, on other lots. The mixed-use development at the corner parcel and multi- family residential development at the interior parcel are consistent with the Zoning district for the subject properties. 2. The subject property is not part of a specific plan area. Finding: 1. In compliance with all of the applicable criteria (below]. a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protections); and Facts in Support of Finding: a-1. The mixed-use and multi-unit residential condominiums are permitted uses within the MU-H4 General Plan land use designation and MU-CV/15th St. zoning district. The 01-03-17 Planning Commission Resolution No. 2063 Page 9 of 27 development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with multi-family residential units on the interior parcel. a-2 As required by the Zoning Code, a conditional use permit has been requested for a parking management plan and subsequent reduction of four required parking for the nonresidential portion of the mixed-use development and a deviation of design standards has been requested to allow a lot width of less than 40 feet for the corner parcel to accommodate the required parking widths on the site. a-3. Land Use Policy LU6.10.1 (Priority Uses) allows multi-family residential and mixed-use buildings that integrate residential above retail or live-work units throughout Cannery Village. Mixed-use, live-work, or commercial buildings are required on corner parcels. The development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with multi-family residential units on the interior parcel. The retail/office uses are intended to serve local residents and will provide a visitor-serving use to the community. The residential dwelling units will further support the retail/office uses and provide a customer base in the neighborhood. The design of the buildings complement the marine and nautical character of the area, which is evocative of the prior sail loft building. a-4. The project is not located in a specific plan area. b-1. The mixed-use and residential components of the project are integrated as a unified development through the use of similar architectural style and design elements. The neighborhood is predominantly developed with a mix of retail/office and residential uses. The design would provide for harmonious relationships with one another and with the adjacent surroundings through site layout and positioning of the two buildings. Both the mixed-use and residential components of the project provide separate and well-defined entries. b-2. The mixed-use entry and residential structures along the 29th Street and Villa Way frontages are designed with a zero setback to enhance pedestrian connections with the street frontage. The residential portion of the building provides modulation of the fagade along Villa Way by varying setbacks at each floor level and incorporating adequate common and private open space areas in the form of large balconies, patio areas, and common corridor areas to provide a pleasant living environment. b-3. The project has been designed to improve the aesthetics of the site and improve the retail presence at the corner of 29th Street and Villa Way. b-4. Land Use Policy 5.3.6 (Parking Adequacy and Location) requires adequate parking be provided and that it is conveniently located to serve tenants and customers. All required parking garages and carports for the residential component are provided on-site, are readily accessible from the rear alley, and are screened from Villa Way by the proposed building. Adequate parking will be provided to serve the retail/office tenants and customers where a four parking space reduction is necessary for the retail/office 01-03-17 Planning Commission Resolution No. 2063 Pa e 10 of 27 component. Overall, the project reduces the nonresidential parking demand on the surrounding streets compared to the existing building on-site. The project adds two additional on-street public parking spaces, street parking is generally available throughout the Cannery Village neighborhood, and two City metered parking facilities are available in the area. b-5. All mechanical equipment for the mixed-use and residential components would be screened within mechanical equipment enclosures at the lower levels or in designated equipment areas at the third floor deck area. c-1. The design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. The unified design theme of the mixed-use and residential components of the project provides for an architectural consistency between these uses and other structures in the Cannery Village neighborhood. c-2 The size, density, and character of the residential dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi-Family Residential) that requires multi-family dwellings to be designed to convey a high quality architectural character. Consistent with this policy, the architectural treatment of the building includes high quality finishes and incorporates building materials such as large rolling style doors, a painted white concrete masonry unit (CMU) veneer, smooth white stucco, metal panel shed roofs, vertical wood siding, aluminum clad windows, and exposed steel that are consistent with other buildings in the Cannery Village community and are reminiscent of the nautical and marine uses of the area. c-3. The height and bulk of the mixed-use building is consistent in scale with other structures in the Cannery Village neighborhood. The front fagade of the mixed-use building utilizes a variation of building materials to provide enhanced visual relief. The residential building is located adjacent to the street frontage and forms a continuous building wall, improving the pedestrian connections with the adjacent streets, thereby implementing the General Plan policies to foster pedestrian activity within Cannery Village. The residential units are designed with both vertical and horizontal off-sets with patio areas at the ground level and pop-outs at the second floor level to provide visual interest along the Villa Way frontage. Likewise, the carports and garages located at the rear alley are consistent with the development pattern for the area and vary the building bulk from the second and third floor levels above. d-1. The parking garages and carports accessed from the rear are designed to maintain privacy for the residential tenants and protection from vehicular impacts. The project provides adequate setbacks at the rear alley and sight distance at the intersection of the alley and 29th Street, as determined by the City Traffic Engineer. d-2. The project would close an existing unused driveway along Villa Way, thereby increasing the number of on-street parking spaces along the project frontage from two spaces to a total of four spaces (two new spaces). 01-03-17 Planning Commission Resolution No. 2063 Page 11 of 27 d-3. Each residential unit has separate and independent access to required garage and/or carport parking for the unit via the rear alley with direct interior access to their units. d-4. The project results in a total code required parking demand of 15 parking spaces (five spaces for the nonresidential retail/office floor area, eight residential parking spaces, and two residential guest parking spaces). All residential parking is provided on-site and the nonresidential component of the mixed-use component provides one ADA handicapped parking stall on-site. A waiver of four parking spaces is requested for the nonresidential portion of the mixed-use development. Overall, the nonresidential parking demand on the street has been reduced compared to the existing use, the presence of street parking in the area, the availability of two municipal parking lots in the neighborhood, and the pedestrian and bicycle character of the neighborhood make the waiver of four parking spaces compatible with the surrounding neighborhood. e-1. The project includes limited landscaped areas to soften the massing along 29th Street and provide additional common area amenities for the condominium units. e-2. The project is subject to the City's Water Efficient Landscape Ordinance (Chapter 14.17 of NBMC). e-3. The residential component of the project includes a common outdoor living corridor of 870 square feet that includes landscape planters, bicycle racks, and bench seating. In addition, each residential unit is afforded private outdoor living space in the form of large balconies and/or private patio areas at the ground level. f-1. The project location is not a designated coastal view road and is not considered a public view corridor. Finding: J. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1 . The project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents. 2. The project provides separate screened trash enclosures for the mixed-use and residential components, which would be located at the rear of the project site near the parking areas. The size, design, location, and screening of the refuse enclosures comply with the requirements of NBMC Section 20.30.120 (Solid Waste and Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent uses. 01-03-17 Planning Commission Resolution No. 2063 Page 12 of 27 3. The project is subject to the City's Outdoor Lighting requirements contained with NBMC Section 20.30.070 of the Zoning Code. 4. Mechanical equipment would be fully screened and would not be visible from the adjacent streets. All mechanical equipment for the mixed-use and multi-unit residential components would be screened within mechanical equipment enclosures at the lower levels or in designated equipment areas at the third floor deck area. 5. Tenant improvements to the new retail/office portion of the mixed-use component will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Tentative Tract Map A tentative tract map is requested to subdivide three existing legal lots into two legal lots and to create six airspace commercial and residential condominium units. In accordance with NBMC Section 19.12.070(A) (Required Findings for Action on Tentative Maps), the following findings and facts in support of a tentative tract map are set forth: Finding: K. 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 project is consistent with the MU-H4 (Mixed-Use Horizontal) General Plan designation of the project site. 2. The Public Works Department has reviewed the tentative map and found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. 3. Conditions of approval have been included to ensure compliance with Title 19. Finding: L. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The 0.18-acre site is trapezoidal in shape, has a slope of less than 20 percent, and is within an area known for the potential of seismic activity and liquefaction. It is currently developed with a vacant commercial building. 01-03-17 Planning Commission Resolution No. 2063 Pace 13 of 27 2. The site where construction will occur is relatively flat and based on the geologic investigation, the development is feasible with appropriate site preparation and construction. The geologic investigation includes recommendations for removal and recommendation of loose surface materials and use of a structural mat foundation system. Finding: U 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 project site to be developed does not support any environmental resources. As such, there would be no significant impacts to fish or wildlife or their habitat associated with the project. 2. There would be no impacts to wetland vegetation associated with the project. Finding: N. 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 project consists of two parts: 1) a mixed-use development consisting of one retail unit at the ground floor, one office unit at the second floor, and one residential unit at the second floor level and 2) three residential condominiums. The land uses and development area comply with the maximum floor area ratios for each land use as allowed by the Zoning Code and the General Plan. 2. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 3. All construction for the project will comply with Building, Public Works, and Fire Codes. Public improvements will be required of the developer per Section 19.28.10 (General Improvement Requirements) of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will be complied with. 01-03-17 Planning Commission Resolution No. 2063 Page 14 of 27 Finding: O. 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 . There are no easements on-site so the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the development. 2. Public improvements will be required of the applicant per the Municipal Code and the Subdivision Map Act. Conditions of approval require the closure of the existing curb cut along Villa Way to accommodate two new street parking spaces, new ADA compliant curb ramps, individual water and sewer connections for each condominium unit, and the dedication of a 10-foot radius corner cut-off for street purposes at the corner of 29th Street and Villa Way. Finding: P. 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. Fact in Support of Finding: 1. The site is not subject to a Williamson Act contract. Finding: Q. 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. 01-03-17 Planning Commission Resolution No. 2063 Page 15 of 27 Fact in Support of Finding: 1. The subject property does not qualify as a "land project" and is not located within the boundaries of a specific plan. Finding: R. 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. Fact in Support of Finding: 1. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division will enforce Title 24 compliance through the plan check and field inspection processes for the construction of the residential units. Finding: S. 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. Fact in Support of Finding: 1. There are no existing dwelling units on the project site. Rather the project includes the construction of four new condominium units to contribute to the City's share of the regional housing need. The applicant will be responsible for the payment of appropriate fair share, park, and housing in-lieu fees for the development of these new dwelling units. Finding: T. 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. There is adequate sewer system capacity to serve the requirements of the project. The project would be able to tie into the existing sewer system without adversely affecting the system, causing any water quality affects, or violating existing requirements prescribed by the Regional Water Quality Control Board. Wastewater from the project will be generated by residential build-out. 01-03-17 Planning Commission Resolution No. 2063 Page 16 of 27 2. As conditioned, sewer connections will be installed per City Standards, the applicable provisions of Chapter 14.24 (Sewer Connection, Permits) of the Newport Beach Municipal Code, and the latest revision of the Uniform Plumbing Code. 3. The project design addresses water quality with a construction erosion control plan and a post-construction drainage system. The project is required to adhere to the City's grading, erosion control, and drainage requirements that includes percolation features and retention of dry weather and minor rain event run-off on-site. Any water not retained on- site is directed to the City's storm drain system will not violate Regional Water Quality Control Board (RWQCB) requirements. Finding: U. 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 project site is located in the MU-H (Mixed-Use Horizontal) land use category within the Coastal Zone. The MU-H land use category continues to provide opportunities for coastal-related, coastal-dependent, and/or visitor-serving land uses in the Lido Village neighborhood in the retail and office suites. The project is also consistent with this land use designation in that residential units will only be provided at the interior parcel and on the second floor level for the corner parcel. Coastal access is not inhibited as the project site is an inland parcel and is not designated for present or future horizontal or lateral coastal access in the Coastal Land Use Plan. 2. Existing public street parking is maintained and the project will provide two additional public parking spaces along Villa Way. The project results in a net reduction in nonresidential parking demand on surrounding streets. The existing commercial building requires 39 parking spaces that are not provided on-site whereas the project requires four parking spaces that are not provided on-site. Deviation of Subdivision Design Standards A deviation of the design standards is required to allow a lot width of less than 40 feet as required by the MU-CV/15th Street Zoning District development standards. In accordance with NBMC Section 19.24.130(C) (Deviation from Design Standards) of the Newport Beach Municipal Code, the following findings and facts in support of the deviation of design standards are set forth: Finding: V. The requested deviation(s) will create a land plan or development design equal or superior to that under the baseline design standards in this chapter. 01-03-17 Planning Commission Resolution No. 2063 Page 17 of 27 Facts in Support of Finding: 1. The requested lot subdivision would form two lots where three underlying legal parcels currently exist. Lot 1, where the deviation of designs standard is requested, would have a resulting lot width of 27 feet 7 inches where the current lot with is 25 feet 9 inches. The resulting lot width would be closer to achieving the minimum 40-foot lot width than the current parcel configuration of the underlying tract. 2. Lot 2 has a lot width of 58.3 feet, which complies with the minimum 40-foot lot width as required by the MU-CV/15th Street zoning district standard. Finding: W. The deviation(s) will not negatively impact the carrying capacity of the local vehicular circulation network; Facts in Support of Finding: 1. The proposed lot widths are compatible with surrounding development and are modified slightly (1-foot) from the underlying lot pattern in order to accommodate the required parking dimensions for each building. 2. All on-site parking will be accessed from the rear alley in conformance with minimum parking dimensions and setback development standards. 3. The proposed lot configuration will accommodate two additional public parking spaces along the Villa Way frontage and will not negatively impact the local vehicular circulation network. Finding: X The deviation(s) will not negatively impact pedestrian circulation; Fact in Support of Finding: 1. The reduced parcel width will not negatively impact pedestrian circulation where sidewalks will continue to be available along the 29th Street and Villa Way street frontages. Finding: Y The resulting subdivision will be compatible with the pattern of surrounding subdivisions; 01-03-17 Planning Commission Resolution No. 2063 Page 18 of 27 Facts in Support of Finding: 1. The development matches the priority uses for the Cannery Village area by providing a mixed-use development on the corner parcel with a residential dwelling and office unit over retail and multi-family residential units on the interior parcel. 2. The subdivision is compatible with the surrounding development pattern where lot widths vary between less than 30 feet in width at street ends up to 60 feet in width where the underlying 30-foot wide legal lots in the tract have been combined into a single building site. Finding: Z. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code; and Facts in Support of Finding: 1. The project results in two parcels that would be developed in accordance with the land - uses identified by the General Plan and Zoning Map where mixed-use development is located on the corner parcel and residential development is located at interior parcel. 2. The subdivision design and improvements will conform to all other requirements of the Subdivision Map Act and Subdivision Code. Finding: AA. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety Facts in Support of Finding: 1. The improvements will not be detrimental to residents or tenants in the Cannery Village Community. The required improvements will improve the community with the addition of two new street parking spaces, new ADA compliant curb ramps, structures that comply with sight distance requirements at the intersection, and the dedication of a 10- foot radius corner cut-off for street purposes at the corner of 29th Street and Villa Way. 2. The project will result in the redevelopment of an under-utilized and aging commercial lot with a mixed-use and residential project that implements the goals and policies for Cannery Village. 01-03-17 Planning Commission Resolution No. 2063 Page 19 of 27 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-025, Conditional Use Permit No. UP2017-005, Minor Site Development Review No. SD2017-003, and Tentative Tract Map No. NT2017-001 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Coastal Development Permit, Conditional Use Permit, and Site Development Review actions shall become final and effective 14 days following the date this resolution was adopted and the Tentative Tract Map action shall become final and effective 10 days following the date this resolution was adopted, unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 19, Title 20, and Title 21 of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JULY, 2017. AYES: Dunlap, Kleiman, Koetting, Kramer, Weigand, Zak NOES: None RECUSED: Lowrey ABSENT: None BY: Peter oeetting,, Z—irman— BY:— v" + Erik Migand, SWcretary 01-03-17 Planning Commission Resolution No. 2063 Page 20 of 27 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with an approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Coastal Development Permit, Conditional Use Permit, Site Development Review, and Tentative Tract Map or the processing of a new application. 6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the project file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 8. 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. 9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for four new dwelling units(currently$1,792 per new additional dwelling unit) in accordance with NBMC Chapter 15.38. 01-03-17 Planning Commission Resolution No. 2063 Pacie 21 of 27 10. Prior to the recordation of the Final Tract Map, a park dedication fee for four dwelling units (currently$26,125.00 per new additional dwelling unit) shall be paid in accordance with NBMC Chapter 19.52. This fee shall be paid upon submittal of the map to the Public Works Department for plan check and deposited into the appropriate Service Area account as identified in the Recreation and Open Space Element of the General Plan. 11. Prior to issuance of final building permits, the applicant shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in the proposed mixed-use development consistent with Section 20.48.130.H(Notification to Owners and Tenants) of the Municipal Code. 12. Prior to issuance of final building permits, the applicant shall record a deed notification with the County Recorder's Office approved as to form by the Office of the City Attorney consistent with Section 20.48.130.1 (Deed Notification). The deed notification shall state that the residential units are located in a mixed-use project or in a mixed-use zoning district and that an owner may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring in the project or zoning district (e.g. noise, lighting, odors, high pedestrian activity levels, etc.). 13. A minimum of 11 parking spaces shall be provided on-site (one ADA nonresidential - space, eight residential spaces, and two residential guest parking spaces). 14. All mechanical equipment shall be screened in accordance with NBMC Section 20.30.020 (Buffering and Screening). Screening materials shall comply with the Zoning Code height limit (26 feet for flat roof structures and 31 feet for pitched rood. 15. Prior to the issuance of a building permits, the applicant shall submit a landscape and Irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 16. 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 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. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, 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 upon finding that the site is excessively illuminated. 01-03-17 Planning Commission Resolution No. 2063 Page 22 of 27 18. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this Coastal Development Permit to the Planning Division. 19. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 20. No outside paging system shall be utilized in conjunction with this establishment. 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 22. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 23. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 24. 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 Planning Division. 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). 25. Deliveries and refuse collection for the retail/office suites shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 26. Storage outside of the building in the front or at the rear 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. 01-03-17 Planning Commission Resolution No. 2063 Pace 23 of 27 28. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 29. 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. 30. 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. 31. 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 whatsoeverwhich may arise from or in any manner relate (directly or indirectly) to City's approval of the Ullman Sail Lofts including, but not limited to, Coastal Development Permit No. CD2017-025, Conditional Use Permit No. UP2017-005, Site Development Review No. SD2017-003, and Tentative Tract Map No. NT2017-001 (PA2017-059). 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. Fire Department Conditions 32. New elevator shall be gurney-accommodating in accordance with Article 30 of the California Building Code (2001 edition). 33. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. A NFPA 13 system is required due to mixed-occupancy in accordance with CFC 9.3.3.1.1. 34. Prior to the issuance of building permits, the project plans shall remove keynote number four referencing a NFPA 13D system and OCFA notes on Sheet A-2.0. Building Division Conditions 01-03-17 Planning Commission Resolution No. 2063 Page 24 of 27 35. 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 applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 36. Prior to the issuance of building permits, the project plans shall reflect a fire rated wall that extends to the furthest projection between the mixed-use and residential buildings at each floor level. 37. The applicant shall employ the following best available control measures (`BACMs') to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Coverall haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts • Encourage car pooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 38. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain, 01-03-17 Planning Commission Resolution No. 2063 Pace 25 of 27 or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 39. Best Management Practices (BMPs) and Good Housekeeping Practices (GNP's) shall be implemented prior to and throughout the duration of construction activity as designated in the Erosion Control Plan. 40. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 41. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 42. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building 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. 43. 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, Public Works Conditions 44. A Tract Map shall be recorded. The Map shall be prepared on the California coordinate system (NAVD88). 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. 45. 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 Sections 7-9-330 and 7-9-337 of the Orange County 01-03-17 Planning Commission Resolution No. 2063 Page 26 of 27 Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (on-inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of the construction project. 46. Prior to the final tract map approval, a subdivision agreement and bonds (Labor and material, performance, and warranty) in the form and amount acceptable to the Director of Public Works for the estimated improvement costs as prepared by a Registered Civil Engineer and approved by the Director of Public Works. 47. The final tract map shall dedicate for street purposes a 10-foot radius corner cut-off at the corner of 29th Street and Villa Way. 48. All improvements shall be constructed as required by Ordinance and the Public Works Department. 49. Prior to final building permits, the applicant shall reconstruct the concrete sidewalk, curb, and gutter along the 29th Street and Villa Way project frontage per City Standard. 50. Prior to issuance of final building permits, the applicant shall plug unused driveway approaches per City Standard STD-165-L. 51 . Prior to issuance of final building permits, curb drains shall be installed per City Standard STD-184-L. 52. Prior to issuance of final building permits, the applicant shall install an ADA compliant curb ramp per City Standard at the corner of 29th Street and Villa Way. 53. Prior to issuance of final building permits, the applicant shall remove the existing power poles along the Villa Way and 29th Street frontages and relocate all overhead utilities underground, unless the utilities companies determine that the removal is infeasible. 54. Prior to issuance of final building permits, all existing overhead utilities shall be undergrounded. 55. No above ground improvements shall be installed within the 10-foot alleys setback. The 10-foot alley setback shall be constructed of a drivable surface. 56. Each unit shall be served byits individual watermeter, sewerlateral, and cleanout. Each water meter and sewer cleanout shall be installed with a traffic grade box and cover. The water meter and the sewer cleanout shall be located within the public right-of-way. 57. An encroachment permit is required for all work activities within the public right-of-way. 58. 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. 01-03-17 Planning Commission Resolution No. 2063 Page 27 of 27 59. All on-site drainage shall comply with the latest City Water Quality requirements. 60. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at the property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and wye. The sewer lateral shall then be capped where the wye used to be. 61. Prior to issuance of final building permits, the applicant shall create a minimum of two new on-street parking spaces along Villa Way, including installation of parking meter posts. 62. County Sanitation District fees shall be paid priorto the issuance of any building permits. 01-03-17