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HomeMy WebLinkAbout1608 - APPROVE TS AND MD_1401 DOVE STREET.RESOLUTION NO. 1608 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING TRAFFIC STUDY NO. 2003 -002 AND MODIFICATION PERMIT NO. 2003 -064 FOR PROPERTY LOCATED AT 1401 DOVE STREET (PA2003 -120). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Richard Martin, with respect to property located at 1401 Dove Street, requesting approval of Traffic Study No. 2003 -002 to permit the construction of a two -story office building consisting of 26,155 square feet. The application includes a Modification Permit to authorize the reduction in the parking requirement. The site is designated Administrative, Professional and Financial Commercial by the General Plan Land Use Element and Newport Place Planned Community (PC -11) by the Zoning Code. Section 2. A public hearing was held on July 17, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The City's General Plan designates the site as Administrative, Professional and Financial Commercial uses. The Zoning Code designates the site as Newport Place Planned Community (PC -11) with a designation for the property for Professional and Business Office. This designation and the floor area allocation permit the construction of 26,155 square feet of additional office space on the site. Therefore, the proposed project is consistent with the General Plan and Zoning designations. 2. In accordance with the Traffic Phasing Ordinance, a Traffic Study has been completed and demonstrates that the proposed project and cumulative traffic generation will not result in adverse impacts on area intersections and that no intersection improvements will be required as a result of the proposed project for the following reasons: a. That the Traffic Study has been prepared in a manner which analyses the impact of the proposed project on the peak -hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code and City Policy L -18; b. That the Traffic Study has been reviewed by the City Traffic Engineer and found in compliance with the Traffic Phasing Ordinance; c. That the Traffic Study indicates that the project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic on any major, primary- modified, or primary street at any of the nine intersections selected for evaluation by City staff and based on the characteristics of the proposed development; and Planning Commission Resolution No. 1608 Page 2 of 8 d. That the Traffic Study indicates that the project - generated traffic will not be greater than one percent of the existing traffic during the 2.5 hour peak period on eight of the nine intersections and that the ICU analysis for the ninth intersection indicates that the ICU value does not increase. 3. The Newport Place Planned Community development permits the reduction in the parking ratio with approval of a Modification Permit. The reduction, as requested, will not result in a substantial decrease in overall parking on the site, and adequate parking will be provided to accommodate the proposed office use. The granting of a modification to establish a parking requirement of 1 space for each 250 square feet of net floor area will not be detrimental to persons, property or improvements in the neighborhood and the modification as approved is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code in that this parking ratio has proven to be adequate for other general office developments in the City. 4. An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA) for the project as originally proposed and approved in December, 1998. On the basis of the analysis contained within the MND and the mitigation measures recommended, a determination was made that the project does not have the potential to significantly degrade the quality of the environment. The proposed project is substantially in conformity with the project as originally approved, and the mitigation measures contained therein have been incorporated as conditions of approval for this project. Therefore, the previously- approved MND will serve as the required CEQA documentation for this project. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Traffic Study No. 2003 -002 and Modification Permit No. 2003 -064, subject to the Conditions set forth in Exhibit "A." Section S. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called 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 17th DAY OF JULY, 2003. AYES: Eaton, Cole, McDaniel, Selich and Kiser EXCUSED: Tucker and Toerge < NOES: Chairman AM Planning Commission Resolution No. 1608 Page 3 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL TRAFFIC STUDY NO. 2003 -002 AND MODIFICATION PERMIT NO. 2003 -064 1. The development shall be in substantial conformance with the approved plot plan, floor plan and elevations dated April 30, 2003. 2. Traffic Study No. 2003 -002 and Modification Permit No. 2003 -064 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The Planning Commission may add to or modify conditions of approval to this Traffic Study and Modification Permit, or revoke this Traffic Study and Modification Permit upon a determination that the implementation of the project which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code (UBC), including compliance with the State Disabled Access requirements. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. 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. 7. 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. 8. Public easements and utilities crossing the site shall be shown on the grading and building site plans. 9. Prior to issuance of any grading or building permits for the site, the applicant shall demonstrate to the satisfaction of the Public Works Department and the Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from the Orange County Sanitation District and The City Utilities Department. 10. Any Edison transformer serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. Planning Commission Resolution No. 1608 Page 4 of 8 11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 12. A minimum of one parking space for each 250 square feet of net floor area shall be provided on -site. 13. All signs shall conform to the provisions of the Newport Place Planned Community and Chapter 20.06 of the Municipal Code. Mitigation Measures: 14. During construction activities, the project will comply with the erosion and siltation control measure of the City's grading ordinance and all applicable local and State building codes and seismic design guidelines, including the City Excavation and Grading Code (NBMC Section 15.04 or applicable sections). 15. Prior to the issuance of a grading permit, the applicant shall submit a comprehensive geotechnical investigation to the Planning and Building Department for review and approval. 16. Prior to the issuance of a grading permit, the applicant shall submit a construction traffic control plan which includes the haul route, truck hauling operations, construction traffic flagmen and construction warning /directional signage to the Planning and City Traffic Engineer for review and approval. 17. The project shall conform to the requirements of the National Pollution Discharge Elimination System (NPDES) and shall be subject to the approval of the Public Works Department to determine compliance. 18. During construction activities, the applicant shall ensure that the following measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a.) controlling fugitive dust by regular watering, or other dust palliative measures to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b.) maintaining equipment engines improper tune; and c.) phasing and scheduling construction activities to minimize project - related emissions. 19. During construction activities, the applicant shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance), to reduce nuisance due to odors from construction activities. 20. Prior to the issuance of a building permit, the developer shall contribute his proportionate pro -rata share traffic impact fee required for improvements at the intersection of MacArthur Boulevard and Jamboree Road as recommended in the traffic study dated September 3, 1998, prepared by Austin -Foust Associates, Inc, and determined by the City Traffic Engineer. Planning Commission Resolution No. 1608 Page 5 of 8 21. The applicant shall ensure that the project will comply with the provisions of the City of Newport Beach General Plan Noise Element and the Municipal Code pertaining to noise restrictions. During construction activities, the hours of construction and excavation work are allowed from 7:00 a.m. to 6:30 p.m. on weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays, and not at any time on Sundays and holidays. 22. Prior to the commencement of grading activities, the applicant shall coordinate with utility and service organizations regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation of facilities are planned and scheduled in consultation with the appropriate public agencies. 23. Prior to the commencement of grading activities, the applicant shall submit to the Planning and Building Department a letter from the City Utilities Department confirming availability of water and wastewater services to and from the site. 24. Light sources within the parking area shall be designed or altered to eliminate light and glare spillage onto adjacent properties or uses. Prior to the issuance of a building permit, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been designed and directed in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. Prior to the issuance of a building permit, the applicant shall provide to the Planning Department, in conjunction with lighting system plan, light fixture product types and technical specifications, including photometric information to determine the extend of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of use and occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specked by this mitigation measure. 25. A qualified archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. Water Quality Conditions: 26. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study, including off -site areas affecting the development, shall be prepared by a qualified engineer and approved by the Building Department. The report shall include detailed drainage studies indicating how the grading, flows, catch basins, storm drains, and flood water retarding will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including a theoretical 100 -year flood. 27. Prior to the issuance of a grading permit, a recorded drainage acceptance letter for any concentration or increase of drainage runoff to adjacent properties shall be submitted for review and approval by the Building Department. Planning Commission Resolution No. 1608 Page 6 of 8 28. Prior to issuance of a grading pen-nit, the applicant shall submit an erosion/siltation control plan to the Building Department for review and approval. The plan shall incorporate storm water pollutant control. 29. Prior to initiation of any earthwork activities or issuances of any grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. 30. Prior to the issuance of a grading permit, the applicant shall obtain an NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices (BMP's) to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB) shall be given to the Building Department prior to issuance of a grading permit. 31. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the BMP's that will be used on site to control predicable pollutant runoff. The Plan shall identify the types of structural and non- structural measures to be used. The Plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The Plan shall be prepared to the format shown in "Attachment C" of the DAMP titled 'Water Quality Management Plan Outline" and be subject to the approval of the Building Department. 32. Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Building Department: a. All provisions for surface drainage. b. All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. C. Where determined necessary by the Building Department, associated public street and utility easements shall be dedicated to the City of Newport Beach. Prior to the issuance of a certificate of occupancy permit, said improvements shall be constructed in a manner meeting the approval of the Building Department. 33. Prior to issuance of a grading permit, the applicant shall provide a Water Quality Management Plan incorporating structural and non - structural Best Management Practices (BMP's). This plan shall be submitted for review and approval by the Building Department. At a minimum, the following items should be specifically addressed: a. Drainage - No drainage from any other portion of the site shall be allowed to enter the fuel dispensing area. Discharge of any runoff from the fuel dispensing area to the storm drain system will not be allowed. Materials storage areas shall have a containment feature (i.e. asphalt, berm, or steel plate) around the Planning Commission Resolution No. 1608 Page 7 of 8 perimeter at ground level. No material shall be stockpiled higher than the height of the adjacent walls. All areas within the vehicle maintenance area must have self- contained drainage. Re- grading and /or construction of special features to adequately control pollutant runoff may be required. If the existing drainage flow is disrupted by any new construction (walls, etc.), additional or relocated drainage facilities will be required. b. Concrete Surface - The fuel dispensing area and all vehicle maintenance area surfaces shall be concrete, not asphalt. The fuel dispensing area shall have dimensions such that the fuel dispensing surface shall extend a minimum of one foot in all directions beyond the maximum length that the fuel dispensing hose may operate in any given direction. The vehicle maintenance areas must provide a structural BMP to prevent spills and /or wash water from the maintenance area to drain outside. C. Covered Areas - The fuel dispensing area and all vehicle maintenance areas must be covered. The cover for the fuel dispensing area shall extend a minimum of one foot in all directions beyond the maximum length that the fuel dispensing hose may extend in any given direction. All vehicle maintenance area shall be covered to the satisfaction of the Building Department. d. Chemical Management Plans - Prior to issuance of a certificate of occupancy permit, applicant shall include proposed plans and measures for chemical management, including storage, emergency response, employee training, spill contingency plan, and disposal methods. This plan shall be approved by the Fire Department, Health Care Agency, and appropriate water district, prior to the approval by Building Department. This plan must contain language requiring any tenants and /or other users of the property to comply with the plans. Below are specific items that shall be addressed within the plan. • Title 22 CCR Compliance - applicant must comply with Title 22 of the California Code of Regulations and relevant sections of the California Health and Safety Code regarding hazardous waste management, which will be enforced by County Environmental Health on behalf of the State. • Spill Contingency Plan - applicant shall prepare a Spill Contingency Plan which mandates stockpiling of cleanup materials, notification of responsible agencies, disposal of cleanup materials, documentation of spills, etc. • Haz -Mat Disclosure Compliance - applicant shall comply with County and City ordinances. • Uniform Fire Code Implementation - applicant shall comply with Article 80 of the Uniform Fire Code. 34. Prior to issuance of a grading permit, the following structural items, or approved equivalent, must be shown on the precise grading plans to the satisfaction of the Building Department. a. All areas within the vehicle maintenance area must have self- contained drainage. Drainage for repair bays and structural barriers, such as berms or drop inlets, to prevent potential spills and cleaning water from entering the storm drain system are required. Auto washing and /or steam cleaning areas shall be shown on the plans, and shall not be connected to a storm drain Planning Commission Resolution No. 1608 Page 8 of 8 system. Re- grading and /or construction of special features to adequately control pollutant runoff may be required. b. All vehicle maintenance area surfaces shall be concrete, not asphalt. The vehicle maintenance area must provide a structural BMP to prevent spills and /or wash water from the maintenance area to drain outside. C. The entire vehicle maintenance area and car wash area, excluding the vehicle drying area, must be covered. d. Plans shall show the storage area for oils, solvents, coolants, wastes, automotive fluids, and other chemicals. These areas shall be covered and protected with secondary containment structures. 35. Applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. 36. During the construction phase, the applicant shall comply with the following requirements: a. No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. b. All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking.