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HomeMy WebLinkAbout1550 - ADOPT MND AND APPROVE SD, NT, CR AND TS_501-507 & 500-512 30TH STREET AND 2908-2912 LAFAYETTE AVERESOLUTION NO. 1550 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING SITE REVIEW NO. 2001 -001, USE PERMIT NO. 2001 -022, NEWPORT TRACT MAP NO. 2001 -002 (TENTATIVE TRACT MAP. NO. 16292), COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2001 -003 & TRAFFIC STUDY NO. 2001- 004 FOR PROPERTIES LOCATED AT 501 -507 & 500 -512 30TH STREET, 2908 -2912 LAFAYETTE AVENUE (PA2001 -127). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by Cannery Lofts, L.P. with respect to property located at 501 -507 & 500 -512 30'b Street, 2908 -2912 Lafayette Avenue (PA2001 -127) and legally described as Lots 1 through 10 of Block 430, Lots 8 through 15 of Block 328 and Lots 4 through 7 of Block 328 of Lancaster's Addition. The applicant seeks approval of a Site Plan Review for the Lafayette Avenue Lots, Tentative Tract Map, Use Permit, Coastal Residential Development Permit and a Traffic Study for the construction of 22 commercial /residential buildings on 16 lots that encompass approximately 1.44 acres in the Cannery Village area. Section 2. A public hearing was held on December 6, 2001, January 3, 2002 and February 21, 2002, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the meetings. Section 3. The Planning Commission finds as follows: Consistent with the General Plan and Local Coastal Program, Land Use Plan 1. The Land Use Element (LUE) and Local Coastal Program, Land Use Plan (LCP/LUP) both designate the portion of the project site located west of Lafayette Avenue for Mixed Commercial - Retail & Service Commercial & Industrial. The four lots located east of Lafayette Avenue are designated Recreational Marine Commercial. Within both these designations in the Cannery Village/McFadden Square Specific Plan, residential uses are permitted on the second floor above commercial uses provided it meets Floor Area Ratio (FAR) standards. Each of the 4 building types proposed meets the minimum and maximum commercial FAR and maximum residential FAR with all buildings falling below the 1.25 FAR maximum as indicated in the project plans as listed in Exhibit "A" incorporated herein by reference. Therefore, the project is consistent with the LUE and LCP/LUP. 2. The proposed project includes a mix of commercial and residential development that will replace the existing commercial development occupying the site. The portion of the proposed development located on Lafayette Street will be marine- oriented, as prescribed by the existing planning and zoning documents that regulate development. Public access to the marina area is provided along the frontage of the lots located along Lafayette Street. No Resolution No. 1550 Page 2 of 15 significant natural landforms, including coastal bluffs and cliffs, are located on the site or in the immediate area. Public views of the marina area will be maintained through the public walk located along the frontage of the development proposed along Lafayette Street. The four lots proposed along Lafayette Street will accommodate marine uses and will provide public access to the marina area between the proposed structures and the bulkhead. The proposed project is designed to complement the nautical and historical maritime character of the area. Due to these factors, the project is deemed consistent with the LUE and LCP/LUP. Consistent with the Cannery VillagelMcFadden Square Specific Plan 1. The Cannery Village Specific Plan is intended to provide an active pedestrian- oriented, specialty retail area with a wide range of uses including retail, professional offices that provide service directly to the public, residential uses on the second floor, and marine- related light industrial uses. The project provides retail uses with residences on the second floor, and incorporates changes to the street in an effort to promote pedestrian- orientation. 2. The Specific Plan has a recommended architectural theme that is "reminiscent of the previous use of the area, and can provide a continuity throughout the area while preserving the variety and individuality of uses that give the area its charm." The cannery theme includes the use nautical and marine elements, the use of corrugated metal building materials, the attractive expression of mechanical equipment. Features of the project include: galvanized metal exterior finishes that are treated to better withstand weathering, exposed metal beams and canvas canopies accents, a modest use of stucco as a siding material, wood accent panels in partially protected areas, decks with cable railing systems and teak accents. The use of these materials and the overall industrial loft architectural style is reminiscent of the past marine industrial use of the Cannery Village area. 3. The Specific Plan speaks of a "continuity" that preserves "the variety and individuality of uses that give the area its charm." Although the project does not exhibit a significant variety of architectural styling, the project will incorporate different materials from unit to unit that will assist in mitigating the repetitive architecture. Further, nothing in the architecture will minimize the variety and individuality of uses in the Cannery Village. In the broader context of the entire Cannery Village, the project adds its own separate and distinct interpretation of variety and individuality that is clearly evidenced in the eclectic nature of the village. Therefore, the project is consistent with the Cannery Village/McFadden Square Specific Plan. Use Permit for Building Height The project incorporates increased setbacks, which results in more public visual open space. The first and second levels of the building are further set back from the alleys and streets beyond the minimum setbacks. There are three foot setbacks between buildings on he Lafayette Lots where none are required. The project also incorporates an open terraces and balconies at both the front and rear of the second and third level of each residential unit. These features increase open space that is visible by the public. The location of the portions of the building that exceeds the 26 -foot height limit are generally located in the middle of the buildings. The increased setbacks, open aspects of the terraces and balconies and location of Resolution No. 1550 Page 3 of 15 the features that exceeds the basic height limit will provide a slightly greater view of the sky for someone on the street and the alley as what could be constructed within the basic height limit. 2. The increased height creates a two story breezeway open from the street to the alley behind the project. This 9' -6" wide by 20 feet high breezeway is visible to the public and assists in off - setting the increased height. Other units include open parking courts that are also visible from the public sidewalk and create an open feel in the area. 3. The proposed buildings that face 30`h Street will occupy less area and volume than a conforming building. The project will also occupy approximately 34,000 cubic feet when roughly 50,000 cubic feet could be built in compliance with the 26 -foot height limit. 4. The four units proposed for Lafayette Avenue are slightly different in what features encroach above the height limit. The roof of these units exceeds the height limit by approximately 5 feet and the third floor area is approximately 20% of each lot. This level is 16 feet wide when viewed from the street and it is 26 feet in width when viewed from the bay. The third level is also set back further than the lower levels from Lafayette and the bay. The size and setbacks of these features assist in mitigating the added height. These lots provide three breezeways between the buildings. The middle breezeway is 6 feet wide and the other two are 3 feet wide. Additionally, the site plans depicts open courtyards and an open terrace facing the bay. 5. The proposed 20 -foot high trellis wall at the 5 -foot setback line along Lafayette Avenue does not significantly block visibility of the open aspects of the project due to its open wire nature as exhibited by the material sample presented to the Planning Commission. This finding is also based upon the fact that the trellis wall will have openings for vehicle access that will be open during regular business hours and free from vines or plant material of any kind. 6. The building height above 26 feet creates the ability to construct the third level portion of the loft style residences. The loft concept is not possible without a two story residential space. The increased building height pen-nits greater building articulation that has been expressed in the increased and varying setbacks, open terraces, balconies and the breezeway opening through to the alley. It would be difficult to incorporate the amount of articulation and creativity of design without the increased height while providing comparable square footage. The design of a 26- foot high mixed use building with the same floor area would likely be wider and more boxy in appearance. The increase height allows greater flexibility in design, which is exhibited in the project, and is architecturally superior to that achievable within the 26 -foot height limit. 7. Consistent with the eclectic nature of Cannery Village, there is a variety of building heights in the area. Surrounding buildings are generally one and two story at or near the 26 -foot height limit. Some projects include the Cannery Restaurant, the 28`s Street Marina project and a mixed use development west of the project that exceeds the 26 -foot height limit. Some of these building are nonconforming, light industrial buildings, and others have received Use Pen-nits to exceed the base height limit. The portions of the buildings above 26 feet are generally located to the center and rear of the buildings, which helps lessen the bulk of the buildings perceived from 30"' Street and Lafayette Avenue. The presence of other buildings of comparable height in the area and the location, design and bulk of features of the project Resolution No. 1550 Page 4 of 15 that exceeds 26 feet, the increased height to accommodate these specific features is not an abrupt change in scale. 8. The floor area ratio of the project ranges from 0.997 to 1.047, which is below the maximum of 1.25 FAR; therefore the project does not achieve any additional floor area due to the additional height. Site Plan Review for 2908 - 2912 Lafayette Avenue 1. The Lafayette lots are flat, paved with concrete with no trees or shrubs, no unique natural landforms or coastal bluffs or other environmental resources. No known archaeological and historical resources are known to exist and are unlikely to exist due to the disturbed nature of the site. The site will be graded to maintain the minimum building pad elevation of 6.27 feet above mean sea level using the NGVD29 vertical datum. This change in grade is necessary to provide minimum flood protection and does not constitute significant alteration of the site as the grade will be similar to abutting properties. The development of the lots provides a 10 -foot bulkhead setback, within which a 6 -foot easement will be dedicated for public access to the waterfront, which does not exist today. 2. The four Lafayette buildings are consistent with the development standards of the Cannery Village/McFadden Square Specific Plan with the exception of building height. Their height and bulk is comparable to the Cannery Restaurant and the adjacent building presently occupied by Shock Boats as well as other structures located in the vicinity. The development of the 4 units on Lafayette will effectively block the view to the Rhine channel from Lafayette. However, these streets are not designated as a Scenic Highway or Drive and no public parks are in the vicinity where views would be impacted. The project provides a 6 -foot public access easement within the 10 -foot bulkhead setback along the channel that connects to the 30th Street end. From this easement, that presently does not exist, public views will be created. 4. The project site is not subject to any increased potential of geologic hazard due to its location than other properties in the area. All applicable City and State building codes and seismic design recommendations contained within the Preliminary Geotechnical investigation will be applied through the issuance of a building permit, which will minimize possible risks of liquefaction damage during an earthquake. 5. The Noise Element does not indicate that the project site is subject to noise levels that exceed 60 CNEL, therefore, it is not anticipated that the project will not be subject to excessive noise. The residential portions of the project will need to be sound insulated sufficiently to ensure compliance with interior noise standards of the Community Noise Ordinance. 6. The Planning, Public Works and Building Departments have reviewed the site plan for proper pedestrian and vehicle function. The Public Works Department is satisfied with access and circulation from Lafayette Avenue as it meets applicable standards. A reciprocal parking easement is necessary to ensure proper location and sharing of disabled parking. Public coastal access along the Rhine Channel is provided in accordance with the Zoning Code. A 6 -foot wide horizontal easement that is parallel to and abuts the Rhine Channel will be dedicated to the Resolution No. 1550 Page 5 of 15 public and will be improved with a walkway by the applicant. The easement and walkway will be directly accessible by the public from 3& Street, a public street. No vertical access easements are necessary due to the direct access from 30 Street. The air conditioning units will be located on the roof in the middle of the building and will not be visible from the ground. Trash storage areas are not specifically delineated on the plans, and will be accommodated within the commercial spaces and residential garages, and will only be visible for trash- pickup. 8. Residences nearby the Lafayette portion of the project are few and are located within the existing mixed use district. Due to the small size of the commercial uses and the fact that that they are within a mixed use project, land use conflicts or other negative impacts to nearby residences are not anticipated. Tract Map for 50130' Street 1. The subdivision is consistent with the General Plan and the Cannery Village/McFadden Specific Plan. Additionally, the proposed subdivision is consistent with the Newport Beach Subdivision Code and Subdivision Map Act and conditions of approval have been included to ensure compliance. 2. The site to be subdivided is flat, developed with urban uses with no environmental resources. No other physical constraints to construction are known. The site, previous to a lot merger, was 7 lots consistent with the subdivision pattern of the majority of the Cannery Village area. The proposed subdivision will recreate the previous subdivision pattern consistent with the surrounding properties. Applicable planning policies and codes permit mixed use development where one residential unit is permitted above a commercial space on a minimum of a 2,375 square foot lot provided the Floor Area Ratio (FAR) standard is met. Each of the 7 proposed lots is larger than this limit, one residential unit is proposed per lot consistent with applicable FAR standards. Due to these factors, the site is suitable for the type and density of development proposed. 3. A Mitigated Negative Declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site except for Newport Bay. The project includes a system of filtering storm runoff on site before it discharged to the storm water system. The project also includes improvements to the local storm water system where a fossil type filter will be installed to treat the first or low flow discharge prior to discharge to Newport Bay. These features will mitigate and improve water quality thereby avoiding impacts to fish or wildlife. 4. The project consists of 22 individual commerciaVresidential structures permitted by local ordinances and the General Plan. The design of the subdivision is identical to the surrounding subdivision pattern No evidence is known to exist that would indicate that the existing subdivision pattern has generated any serious public health problems. 5. No public easements for access through or use of the property have been retained for the use by the public at large. Public utility easements for utility connections that serve the project site are Resolution No. 1550 Page 6 of 15 present and will be modified, if necessary, to serve the new project. Therefore the proposed subdivision will not impact public easements. Public improvements may be required of a developer per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map Act and public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 6. The design of the proposed project provides each lot with direct southern exposure to the maximum extent feasible, therefore, solar access and passive energy conservation goals are met. 7. The proposed subdivision facilitates the creation of 7 new residential units that likely would not be developed due to current housing trends although they could be developed under existing zoning provisions without the subdivision. These 7 new units will assist the city in meeting its housing needs. Public services are available to serve the proposed development of the site and the Mitigated Negative Declaration prepared for the project indicates that the project's potential environmental impacts are expected to be less than significant. 8. Waste discharge into the existing sewer will be consistent with retail commercial, office and residential use due to the design and limitations of the use property established by existing zoning regulations It is not anticipated that waste discharge into the sewer from these uses would violate any Regional Water Quality Control Board (RWQCB) requirements or Orange County Sanitation District standards. 9. The proposed project is entirely within the coastal zone and the site is not presently developed or occupied with coastal - related uses, coastal- dependent uses or water - oriented recreational uses. Although the City of Newport Beach does not have a certified Local Coastal Program, the project is consistent with the city's certified Local Coastal Program Land Use Plan. The subdivision does not abut the ocean or bay, therefore no coastal access is required. The site Recreation policies of the Coastal Act require that sites suitable for water- oriented recreational activities that cannot be supplied inland must be protected. These policies prioritize water - oriented recreational activities over other land uses and encourage aquaculture and water - oriented recreational support facilities. The portion of the project site proposed to be subdivided is not suitable for water - oriented recreational activities due to its size and location. Coastal Residential Development Permit 1. The entire project is located within the coastal zone and requests the construction of 22 units. Pursuant to Chapter 20.86 of the Zoning Code, when a project proposes to create 10 or more units within the coastal zone, affordable housing must be included within the project unless it can be determined infeasible. The Housing Element of the General Plan determines the number and type of affordable housing that is required. In accordance with the Housing Element, 2 moderate income units would be required to be included within the project. 2. The City caused the preparation of a feasibility study pursuant to Chapter 20.86 of the Zoning Code and the Housing Element. The study was prepared by Keyser Marston Associates, Inc. and is dated February 12, 2002 and is incorporated herein by reference. The study concludes that it is financially infeasible to include 2 moderate income units within the project. Therefore, in order to satisfy the inclusionary housing requirement and foster affordable housing within the Resolution No. 1550 Page 7 of 15 Coastal Zone, the project is required to pay to the City of Newport Beach an in -lieu fee in the amount of $139,898.00. The City of Newport Beach will then be responsible to provide 2 moderate income units in accordance with applicable State requirements. Traffic Study 1. A traffic study, entitled Cannery Lofts TPO Traffic Analysis (Austin -Foust Associates, Inc., October 30, 2001), was prepared for the project in accordance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). 2. The traffic study indicates that the project will increase traffic on 1 primary intersection (Newport Boulevard and Via Lido) by one percent (1 %) or more during the PM Peak Hour one year after the completion of the project. 3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic Phasing Ordinance, the traffic study determined that the project will not cause nor make worse an unsatisfactory level of service at the Newport Boulevard and Via Lido intersection. The intersection is anticipated to operate at LOS A with an ICU value of 0.41, and no mitigation is required. Mitigated Negative Declaration 1. An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between November 5, 2001 and December 5, 2001. Comments were received from The City of Newport Beach Environmental Quality Affairs Committee, California Department of Transportation, California Coastal Commission and Lucille Kring on behalf of Owners/Residents Against Cannery Lofts Expansion. Responses to these comments were prepared and sent to the commenting parties on February 8, 2002. 2. The contents of the environmental document, including comments on the document and responses to the comments, have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project nor cumulative impacts are anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. Section 4. Based on the aforementioned findings, the Planning Commission hereby adopts a Mitigated Negative Declaration and Approves Site Plan Review No. 2001 -001, Use Permit No. 2001 -022, Newport Tract Map No. 2001 -002 (Tentative Tract Map. No. 16292), Coastal Residential Development Permit No. 2001 -003 & Traffic Study No. 2001 -004, subject to the conditions set forth in Exhibit "A" attached. Resolution No. 1550 Page 8 of 15 Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 218` DAY OF FEBRUARY, 2002. AYES: McDaniel, Kiser, Agaianian, Tucker NOES: Gifford, Kranzley, Selich None ABSENT: None BY: =77 Larry Tucker, Chairman BY Earl McDaniel, Secretary Resolution No. 1550 Page 9 of 15 Exhibit "A" Conditions of Approval 1. The development shall be in substantial conformance with the approved plans except as modified below. The plans are identified by date as follows: Sheet No. Date Sheet No. Date 01 09/14/2001 13 09/14/2001 02 03/12/2001 14 10/18/2001 02 -B 09/14/2001 15 02/12/2002 03 09/14/2001 16 09/14/2001 04 02/06/2002 17 09/14/2001 05 09/14/2001 17 -B 09/14/2001 O6 1 10/18/2001 18 02/1212002 07 10/18/2001 19 09/14/2001 08 09/14/2001 19 -B 09/14/2001 09 11/28/2001 20 09/14/2001 10 10/18/2001 21 09/14/2001 11 10/18/2001 22 02/12/2002 12 10/18/2001 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Project approvals, with the exception of the Tentative Tract Map, shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. The Tentative Tract Map shall expire within 36 months from the date of approval unless extensions are granted prior to expiration in accordance with the Subdivision Ordinance and Subdivision Map Act. 4. Deleted 5. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to the issuance of any building or grading permit for the project. 6. In lieu of the requirement for 10% of the proposed dwelling units to be affordable as defined by the City's Housing Element, a fee of $6,359 per unit built for a total of $139,898.00 shall be paid to the City to satisfy the project's affordable housing requirement. 7. The minimum elevation of the finished floor for project buildings shall be 6.27 feet above mean sea level based upon NGV29 vertical datum. 8. Each building between Villa Way and Lafayette Avenue shall be protected with an automatic fire suppression sprinkler system subject to the review and approval of the Newport Beach Fire Department. 9. Exterior decks, exterior balconies, exterior terraces, setback areas, breezeways for vehicular parking areas, open vehicular parking areas or exterior walkways shall not be covered or Resolution No. 1550 Page 10 of 15 enclosed without the prior approval of the Building and Fire Departments and the Planning Commission. 10. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. The trellises on the 30`x' Street lots will be set back to comply with the Uniform Building Code Requirements. 11. Disabled parking shall be reviewed and approved by the Division of the State Architect prior to the issuance of a grading or building permit for new construction. A reciprocal use and access easement for the parking spaces between Lots E 1 & E2 and between Lots E3 & E4 shall be required. Any reciprocal easements associated with the provision pf disable parking shall be recorded prior to the issuance of a building permit. Owners shall provide proof of recordation of the reciprocal parking easement and a title commitment dated after the date of recordation showing the agreement being recorded prior to any financing on either property and/or that any existing mortgage has agreed to such subordination. 12. Commercial trash receptacles shall be stored within the commercial space or shall otherwise be screened from public view as determined by the Planning Director. Residential trash receptacles shall be stored within the residential garages. 13. The enclosed garages shall be available for the exclusive use of the residential occupants for parking purposes only. No conversion of the garage spaces to other use shall be permitted. The open parking spaces shall be available for the exclusive use of the commercial businesses and customers while those commercial businesses are open for business. 14. The commercial spaces within the project shall not be converted or used for residential purposes. Residential spaces shall be used for residential purposes and shall not be converted or used for exclusive commercial purposes. Commercial activity within the residential portions of all buildings shall comply with Section 20.60.100 (Home Occupations in Residential Districts). 15. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. 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. 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 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 Resolution No. 1550 Page 11 of 15 operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 17. Prior to the issuance of building permits for the new construction proposed for the four lots on Lafayette Avenue, the applicant shall dedicate a 6 -foot wide public access easement along the entire water frontage of each property to the City of Newport Beach. The access easement shall be subject to the review and approval of the Newport Beach City Attorney and Coastal Commission prior to recordation. The easement shall be improved with a hard paved surface and railings as approved by the Public Woks Department. The easement shall be directly accessible by the public from 30`h Street and not be gated, enclosed or otherwise blocked by present or future property owners or occupants of the four properties. Present or future property owners or occupants shall not place or store any objects including but not limited to boats, tables, chairs, umbrellas and shade canopies within the easement area. 18. The boat slips bayward of property shall only be used in conjunction with the proposed residential dwelling units. Commercial use or rental of the boat slips is prohibited due to the lack of vehicular parking for the slips. The applicant or owner shall obtain new harbor permits for residential use prior to the issuance of a building permit for new construction. 19. The project must comply with the interior and exterior noise standards for residential uses of the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM and 10:00PM and 40dBA between the hours of 10:00PM and 7:OOAM. The exterior noise level standard is 55dBA between the hours of 7:OOAM and 10:00PM and 50dBA between the hours of 10:00PM and 7:OOAM. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and submitted to the City Planning Department prior to occupancy of the project. if the exterior noise levels exceed applicable standards, additional mitigation shall be required which may include the installation of additional sound attenuation devices as recommended by the acoustic study and subject to the approval of the Planning Director. 20. Each residential unit and each commercial building shall be separately served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 21. Intersections of private drives with 30th Street and Lafayette Avenue shall be designed to provide sight distance for a speed of 35 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. 22. A condition survey of the existing bulkhead along the bay sides of the property shall be made by a civil or structural engineer prior to issuance of any grading permits, and that the bulkhead be repaired in conformance with the recommendations of the condition survey and to the satisfaction of the Building Department and Harbor Resources Division. The top of the bulkhead is to be a minimum elevation of 6.27 MSL based upon NGV29 vertical datum. Resolution No. 1550 Page 12 of 15 23. All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 24. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles prior to the issuance of building permits for new construction. Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. 25. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 26. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements and public improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 27. Deleted 28. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. 29. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building or grading permit for new construction on the project site. 30. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. The air conditioning units atop the 30th Street units may be visible in accordance with the approved plans. The air conditioning units atop Lots N 1, N 10, S 1 and S8 shall be setback from abutting sidewalks by no less than 10 feet. 31. Overhead utilities serving the site to be subdivided shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is physically infeasible. 32. A final map shall be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor and to 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 Resolution No. 1550 Page 13 of 15 Manual, Subarticle 18. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 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 Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 33. A standard subdivision agreement and accompanying surety shall be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 34. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. The width of the commercial parking spaces within the proposed breezeways shall be increased to a minimum clear width of 9 feet 6 inches. 35. All work within the public right of way must be completed under an encroachment permit issued by the Public Works Department. 36. Street, drainage and utility improvements shall be shown of standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer. All non - standard improvements shall be shown on standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer and the City Council. 37. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 38. An encroachment agreement is required for all non - standard improvements within the public right -of -way. Prior to the issuance of an encroachment permit for the construction of non- standard improvements, an association or maintenance assessment district shall be formed that will be responsible for the maintenance of the non - standard improvements. This association or assessment district must be formed and approved by the City prior to recordation of the tract map or issuance of any Grading or Building Permits unless otherwise approved by the Public Works Department. 39. A site plan shall be provided prior to recordation of any tract map or issuance of a building permit for new constriction showing the location of all proposed street lights, fire hydrants, trees, landscape, vents and other obstructions. 40. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 41. The front setback area shall be landscaped per Section 20.43.050 (50% of the setback area). The landscape areas of the Lafayette Avenue lots depicted in the drawings shall be increased by expanding the area devoted to turf block in front of the residential garage aprons within the front yard setback so that the 50% landscape requirement is met. Resolution No. 1550 Page 14 of 15 42. 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" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 43. 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 Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated 44. Signs shall be regulated by the Balboa Sign Overlay except that roof signs shall be prohibited. 45. Mitigation Measures - Geology. The proposed structures shall be designed using a reduced bearing value and a specially designed foundation system that distributes building loads as evenly as possible across the clay layer. The recommended bearing value and an estimate of the corresponding settlements within the site for the special foundation are presented in the Geotechnical Investigation (Petra, 2001). 2. Proposed buildings and structures shall be designed and constructed to resist the effects of seismic ground motions as provided in Sections 1626 through 1633 of the 1997 Uniform Building Code. The method of design will be dependent on the seismic zoning, site characteristics, occupancy category, building configuration, type of structural system, and building height. 3. The project shall be designed to incorporate the following structural design criteria to minimize the impacts of groundshaking and related seismic effects. UBC 1997 Table Factor 16 -1 Seismic Zone Factor Z 0.40 16 -J Soil Profile Type Sp and SE 16 -Q Seismic Coefficient Ca 0.57 16 -R Seismic Coefficient C, 1.54 16 -S Near - Source Factor Na 1.3 16 -T Near - Source Factor N, 1.6 16 -U Seismic Source Type B 4. To mitigate the potential for earthquake- induced liquefaction, all of the structures proposed shall be supported by a mat foundation system or post- tensioned foundation system that will create a rigid foundation that more evenly distributes the building loads across the underlying supporting soils. 5. An allowable bearing value of 1,000 pounds per square foot shall be used for footings founded at minimum depths of 18 inches below the nearest adjacent final grade. (No increase in bearing value should be provided for footings having a greater depth.) For design of mat foundation systems, a modulus of subgrade reaction of 100 pounds per cubic inch may be considered. 6. Sulfate- resistant cement shall soils. Careful control of the compressive strength is also deterioration due to sulfates. Resolution No. 1550 Page 15 of 15 be used in all concrete that may be in contact with on -site maximum water - cement ratio and the minimum concrete required in order to provide proper resistance against 46. Mitigation Measures - Hazards and Hazardous Materials Prior to issuance of a demolition permit, the applicant shall conduct a survey for the presence of lead based paint and asbestos - containing material in the structure located at 515 30`" Street. Should such materials be found in the structure, they shall be abated pursuant to applicable regulatory requirements at least 10 days prior to demolition Prior to issuance of a demolition permit, the applicant shall ensure that the items located at 515 30th Street (e.g., fuel cans, outboard motors, vehicles, etc.) be removed from the property. 3. If any stained soil or other suspect material is encountered during grading operations, a qualified environmental firm shall be contacted immediately to evaluate the potential environmental conditions. 47. Mitigation Measures - Noise 1. The hours of operation of equipment that produces significant noise or levels noticeably above general construction noise be limited to between the hours of 7:00 a.m. and 6:30 p.m. weekdays and 8:00 a.m. and 6:00 p.m. Saturday. 2. All construction equipment shall be muffled and shall be maintained in good working order to reduce the equipment - related noise generation. 3. If heavy construction activities occur adjacent to noise sensitive land uses, the temporary noise barriers should be installed to protect those land uses during the periods of loudest construction events. 4. All construction activities will comply with applicable state and local construction noise regulations. 48. Mitigation Measure - Public Services The applicant will be required to incorporate specific recommendations prescribed by the Newport Beach Fire and Building Department to ensure that adequate fire protection can be provided. 49. Mitigation Measure - Recreation The applicant shall pay a park dedication fee to the City of Newport Beach as required pursuant to Title 19 of the Municipal Code. 50. The applicant shall dedicate to the City 10 -foot corner cutoffs for pedestrian access purposes at the 30th Street/Villa Way and 30a' Street/Lafayette Street intersections. 51. The trellis wall located on the four Lafayette Avenue lots shall not be planted with vines or other plant materials.