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HomeMy WebLinkAbout1708 - ADOPT MND, APPROVE UP AND TS_500-540 SUPERIOR AVENUERESOLUTION NO. 1708 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 101105) & APPROVING USE PERMIT NO. 2006 -010 AND TRAFFIC STUDY NO. 2006 -001 FOR PROPERTY LOCATED AT 500 -540 SUPERIOR AVENUE (PA2006 -113). WHEREAS, an application was filed by Newport Beach Healthcare Center, LLC requesting approval of Use Permit No. 2006 -010 and Traffic Study No. 2006 -001, with respect to properties located at 500 -540 Superior Avenue, more specifically located west of Newport Boulevard, east of Superior Avenue, and north of Dana Road, to allow the conversion of 97,000 square feet of research and development (R &D) /general office use to medical office use. The request also includes the demolition of an existing building and the construction of an additional parking structure that exceeds the maximum building bulk limitation for the site. Additionally, the applicant requests approval of a traffic study pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO); and WHEREAS, a public hearing was held on December 7, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the proposed medical office use, pursuant to the conditions which it will be operated and maintained, is consistent with the Medical Commercial Office (CO- M) land use designation of the 2006 Updated General Plan Land Use Element, which provides primarily for medical- related offices, other professional offices, retail, short- term convalescent and long -term care facilities, research labs, and similar uses. The project site, in particular, is allocated a precise development limitation of 350,000 square feet of floor area. The proposed intensity of development with the demolition of an existing 89,079 square foot building and the proposed medical office use is consistent with this designation; and WHEREAS, the proposed medical office use, pursuant to the conditions which it will be operated and maintained, is consistent with the previous General Industry (GI) land use designation of the amended 1988 General Plan Land Use Element, which limited the site to a variable floor area ratio (FAR) of 0.5/0.75 and was intended to accommodate research and development, manufacturing and professional services. Permitted uses included manufacturing, research and development, warehousing, wholesale sales, professional services offices, service retail, and restaurants. The proposed intensity of development (0.472 total weighted FAR) with the demolition of an Planning Commission Resolution No. Page 2 of 17 existing 89,079 square foot building and the proposed medical office use is consistent with this designation; and WHEREAS, the subject property is located within the M -1 -A (Controlled Manufacturing) zoning district which provides for a wide range of moderate to low intensity industrial uses and limited accessory and ancillary commercial and office uses. Business and Professional Office uses are permitted within the M-1 -A zone, with the exception that medical offices require the approval of a use permit. The proposed project is consistent with this designation and complies with all development standards with the exception of building bulk. With the implementation of the new CO -M land use designation, the zoning of the site will change to one that will facilitate medical office use and the project should not conflict with future zoning implementation; and WHEREAS, a traffic study for the proposed project has been prepared and approved in compliance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code for the following reasons: 1. A traffic study, entitled, "City of Newport Beach, Hoag Healthcare Center Traffic Impact Analysis dated September 27, 2006" was prepared by Kunzman Associates for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). 2. Trip generation rates were developed from two sources. The City of Newport Beach trip generation rates are derived from the Newport Beach Traffic Analysis Model ( "NBTAM ") and were used for analysis of Newport Beach intersections. The City of Costa Mesa trip generation rates are derived from the Institute of Transportation Engineers, Trip Generation, 7t" Edition (2003) and were used for evaluation of Costa Mesa intersections. The Traffic Phasing Ordinance ( "TPO ") analysis was required only for primary intersections in the City of Newport Beach. For the purposes of studying the cumulative impacts, the traffic study analyzed intersections in the City of Costa Mesa, utilizing the ITE trip generation rates. 3. The traffic study indicates that the project will increase traffic on eight of nine studied primary intersections in the City of Newport Beach by one percent (1 %) or more during peak hour periods one year after the completion of the project. 4. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic Phasing Ordinance, the traffic study determined that the eight primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance, and no mitigation is required. 5. The traffic study also performed a cumulative traffic analysis, including an analysis of seven intersections in the City of Costa Mesa. Reasonably foreseeable projects and approved projects that are not included in the committed project list were added to project related traffic and evaluated. The conclusion of this analysis also Planning Commission Resolution No. Page 3 of 17 indicates that there will be a less than significant impact to traffic circulation and that no mitigation is required. 6. Based on the weight of the evidence in the administrative record, including the traffic study, the implementation of the proposed mix of uses will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. 7. Construction of the project will be completed within sixty (60) months of this approval, or the approval of a new traffic study will be required. WHEREAS, 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 October 16 and November 14, 2006. Comments were received from the California State Department of Transportation, Rosamond U. Hall, the City of Costa Mesa, Leibold, McClendon & Mann, P.C., Department of Toxic Substances Control, Richard Smith and the Southern California Association of Governments. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project; and WHEREAS, 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 anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigated Monitoring and Reporting Program are feasible and reduce potential environmental impacts to a less than significant level; and WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; and WHEREAS, the maximum building bulk limitation for the sit is the base floor area limit (0.5) plus 0.25 for a maximum of 0.75, or 447,295 square feet. The proposed project consists of a total of three buildings and two 4 -level parking structures, resulting in a total bulk area of 747,202 square feet. A use permit for the increased building bulk has been prepared and approved in accordance with Section 20.63.060 (Floor Area Ratios and Building Bulk) of the Newport Beach Municipal Code, for the following reasons: Planning Commission Resolution No. Page 4 of 17 1. The increased development will not create abrupt changes in scale with development in the surrounding area because the proposed parking structure will not exceed the height of the existing building it replaces and should therefore not be considered an intrusive element within the area. The location of the new parking structure backs up to the existing City Yard and is proposed to be screened from Newport Boulevard with trees and landscaping. The proposed parking structure is located farthest from the existing residential development to the south and is separated by abutting streets, existing multi -story buildings, parking areas and landscaping within the overall campus. The parking structure has been designed to be open with natural ventilation and one floor located below grade. The use of glass and perforated metal panels on the parking structure will provide a 'transparency" that will help break up the visual massing of the building. 2. The proposed parking structure will be compatible with the surrounding area since it is located adjacent to the city corporate yard and separated from nearby residential uses by abutting streets, parking areas and open space. The project will substitute a new parking structure in place of the demolished office building and will not significantly change the existing visual character or quality of the site or its surroundings. Additionally, the proposed parking structure will support the increased parking needs of the existing R &D /general offices uses and proposed medical office use by providing additional parking opportunities. 3. The increased development will not result in significant impairment of public views as public views do not exist through the site. 4. The site is physically suitable for the proposed development as it is located in a fully developed and urbanized area, and does not contain any sensitive habitat or natural resources. The site itself is developed with 4 R &D /office buildings, a large parking structure, and surface parking. Although the property is devoid of slopes, the site is bounded by a 25- to 30 -foot descending slope along the eastern property boundary. However, the proposed parking structure is located approximately 60 feet from the top of the slope at its nearest point. Therefore, the potential for gross instability of the slope affecting the parking structure is low, especially since the existing building is located in the same position and has not experienced an subsidence issues to date. An initial study has been prepared which considered all physical aspects of the project including setbacks, site access, landscaping, open space, building height, available parking, and available utilities, and determined that no significant environmental impacts should occur as a result of project implementation. WHEREAS, the proposed project, pursuant to the conditions under which it will be operated and maintained, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the Planning Commission Resolution No. _ Page 5 of 17 neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. Medical office use is permitted within the Medical Commercial Office (CO -M) General Plan land use designation, as well as the Controlled Manufacturing (M- 1-A) Zoning District, with the approval of a use permit. 2. The parking structure is located adjacent to the City's Corporate Yard and is separated from residential uses by abutting streets, parking areas, and open space within the overall campus. 3. The proposed parking structure has been designed to be consistent and compatible with the existing development through building height, massing, and architectural character, and as a result, will remain much the same as the existing development and will not be perceived as additional bulk on site. 4. The project is proposed to provide a total of 1,985 parking spaces on -site, exceeding the minimum code requirement by 763 spaces, thereby providing sufficient parking to accommodate the proposed uses. 5. The Traffic Engineering Department has reviewed the proposed shuttle operation and has approved a safe route and operation that will avoid travel adjacent to residences and convalescent homes. 6. The traffic study has determined that the increased traffic generated as a result of project implementation will not result in significant impacts to intersections or traffic circulation in the City of Newport Beach, nor affect intersections in the City of Costa Mesa. 7. An environment review and analysis was performed for the project and was determined that no environmental impacts would occur as a result of project implementation. NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent judgment and analysis. The Planning Commission hereby adopts Mitigated Negative Declaration SCH No. 2006- 101105, including the Mitigation Monitoring and Reporting Program attached as Exhibit "A ". The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. Planning Commission Resolution No. _ Page 6 of 17 Section 2. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2006 -010 and Traffic Study No. 2006 -001, all subject to the Conditions of Approval in Exhibit "B" attached hereto and made hereof. PASSED, APPROVED AND ADOPTED THIS 7' DAY OF DECEMBER, 2006. AYES: Eaton, Peotter, Cole, McDaniel and Toerge NOES: Hawkins ENT: None Planning Commission Resolution No. Page 7 of 17 Exhibit "A" Mitigation Monitoring and Reporting Program Hoag Health Center Project Newport Beach, CA No. Mitigation Measure Method of Timing of Responsibility Verification Implementation Aesthetics 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 MM -1 Director, the illumination creates an unacceptable On -Going Project Operations Planning negative impact on surrounding land uses or Monitoring Department environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Prior to the issuance of building permits, the MM -2 applicant shall prepare a photometric study in Plan Check Prior to Issuance of the Planning conjunction with a final lighting plan for approval Building Permit Department by the Planning Department. Air Quality 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 Woe daily. • Cover all haul trucks or maintain at least two feet of freeboard. Pave or apply water four times daily to all unpaved packing or staging areas. Sweep or wash any site access points within two hours of any visible dirt deposition on any public roadway. On -Going Monitoring Building Cover or water twice daily any on -site During Grading and Department SC -1 stockpiles of debris, dirt or other dusty Contractor to Construction material. Certify Emission Contractor Suspend all operations any unpaved and Off -Site Impacts m 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 Planning Commission Resolution No. Page 8 of 17 No. Mitigation Measure Method of Timing of Implementation Responsibility Verification 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 eotechnical engineer. Cultural Resources Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct a pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as Prior to Issuance of the Planning MM -3 appropriate. If additional or unexpected Report Grading Permit Department archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval ofthe Planning Director. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for temporarily halting or redirecting work to permit MM-4 the sampling, identification and evaluation of the Report Prior to Issuance of the Planning fossils as appropriate. If major paleontological Grading Permit Department resources are discovered that require long -term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which mitigation and disposition of the resources shall be subject to the approval of the Planning Director. Planning Commission Resolution No. Page 9 of 17 No. Mitigation Measure Method of Timing of Implementation Responsibility Verification In accordance with the Public Resources Code 5097.94, if human remains are found, the Orange County Coroner must be notified within 24 hours of the discovery. If the coroner determines that Contractor the remains are not recent, the coroner shall During Grading and MM -5 notify the Native American Heritage Commission Notification Construction Building (NAHC) in Sacramento to determine the most Department likely descendent for the area. The designated Native American representative shall then determine, in consultation with the property owner, the disposition of the human remains. Hazards and Hazardous Materials Prior to the issuance of the demolition permit, the applicant shall undertake and complete an asbestos survey and lead -based paint survey to determine the presence of asbestos and lead - based paint. If it is determined that ACM and /or _BP exists in the structures to be demolished, abatement of the ACM and LBP shall occur prior Prior to Issuance of the Building SC -10 to demolition of the existing structure. All work Survey Demolition Permit Department undertaken by the contractor shall comply with SCAQMD Rule 1402 related to the disturbance of ACM, as well as the storage and disposal of ACM. The contractor's responsibilities shall include proper notification, removal techniques for ACM, clean -up procedures, and waste storage and disposal. The applicant shall prepare a plan that prescribes appropriate building management measures to control vapor intrusion into the buildings at the MM -6 site. The Building Management Plan shall be Plan Check Prior to Issuance of the Fire Department submitted to either the RWQCB, the Orange Building Permit County Health Care Agency, and /or DTSC for approval prior to the issuance of the building permit for the Project. The applicant shall prepare a soil profile plan that characterizes the excavated soils that would be MM -7 reused or removed from the site. This plan shall Plan Check Prior to Issuance of the Fire Department be submitted to either the RWQCB, the Orange Building Permit OCHCA, and /or DTSC for approval prior to the issuance of the building permit for the Project. In the event that hazardous waste is discovered during site preparation or construction, the applicant shall ensure that the identified hazardous waste and /or hazardous materials are handled and disposed of in the manner specified MM -8 by the State of California Hazardous Substances On -Site During Grading and Fire Department Control Law (Health and Safety Code Division 20, Monitoring Construction Chapter 6.5), standards established by the California Department of Health Services and office of Statewide Planning and Development, and according to the requirements of the California Administrative Code, Title 30. Hydrology and Water Quality A Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities prior to Issuance of the Building SC-2 will be prepared, submitted to the State Water Plan Check Grading Permit Department Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the Planning Commission Resolution No. Page 10 of 17 No. Mitigation Measure Method of Timing of Responsibility Verification Implementation NOI and their application check as proof of fling with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the ro'ect's impact on water quality. 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 SC -3 of harmful fertilizers or pesticides, and the Plan Check Prior to Issuance of the Building diversion of storm water away from potential Grading Permit Department 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 -tern inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Noise Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to On -Site During Grading and Building SC-4 between the hours of 7:00 a.m. and 6:30 p.m., Monitoring Constmction Department 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. Prior to the issuance of the demolition permit, the project applicant shall prepare a construction staging plan that reflect the locations of the construction and staging areas on the subject Prior to Issuance of the Public Works MM -9 property, which shall be located as far away from Plan Check Demolition Permit Department the nearby residential development as possible to reduce temporary noise impacts. Public Services and Facilities Any elevators shall be gurney accessible in Prior to Issuance of the SC -5 accordance with Chapter 30 of the 2001 California Plan Check Building Permit Fire Department Buildin Code. The Fire Chief may require the submittal for approval of geological studies, evaluations, reports, remedial recommendations and/or similar documentation from a state - licensed and department approved individual or firm, on any parcel of land to be developed which: SC -6 Has, or is adjacent to, or within 1,000 feet Plan Check Prior to Issuance of the Grading Permit Fire Department (304.8 m) of a parcel of land that has an active, inactive, or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage; or May contain or give off toxic, combustible or flammable li uids, gases, or vapors. SC -7 Automatic fire sprinklers and Class I standpipe Plan Check Prior to Issuance of the Fire Department required. Buildin Permit SC -8 Fire sprinkler system shall be monitored. I Plan Check Prior to Issuance of the Fire Department Planning Commission Resolution No. Page 11 of 17 No. Mitigation Measure Method of Timing of I Implementation Responsibility Verification Building Permit Utilities The applicant shall prepare a water system and a sanitary sewer system demand study on the existing facilities that will serve the portion of the site impacted by the proposed development. Prior to Issuance of the Public Works SC -9 These studies shall be submitted to the City of Plan Check Building Permit Department Newport Beach prior to issuance of the demolition permit. The owner shall bear the costs of all water and/or sanitary sewer systems improvements required by the development. Planning Commission Resolution No. Page 12 of 17 Exhibit "B" Conditions of Approval Use Permit No. 2006 -010 & Traffic Study No. 2006 -001 Planning Department 1. The development shall be in substantial conformance with the plans dated November 6, 2006, except as modified by other conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Project approvals 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. 5. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the use or one or more of the conditions set forth herein is not being complied with, or the manner in which the project is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. The project site may be occupied by no more than 97,000 square feet of medical office use and 136,000 square feet of general office use. The remaining floor area (96,414 square feet minimum) shall be occupied by research and development uses. The Planning Director shall review all building plans, future tenant improvement plans and /or business plans for all prospective tenants proposed to be classified as research and development uses to make a finding that the tenant occupancy is a use that is consistent with Section 20.20.020 of the Newport Beach Municipal Code, and further as defined in Section 20.05.060 (B), (D), and (F). 7. The applicant may proceed to lease medical office space during the construction of the parking structure; however, the project site shall maintain the minimum number of parking spaces required by the Zoning Code for the operating mix of uses during such time. 8. The final design of the parking structure shall provide all architectural treatments as proposed and approved. Planning Commission Resolution No. Page 13 of 17 9. No ancillary parking shall be permitted to occur at the project site for the use of Hoag Hospital, except during a one -year interim period to facilitate the completion of Hoag Hospital's construction of the Lower Campus (so long as that the minimum parking to facilitate the operation of the mix of on -site uses is provided). 10. Prior to issuance of building permits for any new construction, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. Except for that portion of the landscape plan that is subject to the approval of the Planning Commission, the landscape 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. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 11.AII 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 operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12.AII mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 13.Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in Condition Nos. 48 & 49. 14. Prior to the issuance of a building permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 15. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. Planning Commission Resolution No. Page 14 of 17 16.Water leaving the project site due to over - irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 17.Watering shall be done during the early morning or evening hours (between 4:00 P.M. and 9:00 A.M.) to minimize evaporation the following morning. 18. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Applicant shall complete all required repairs. 19.Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 20. Reclaimed water shall be used whenever available, assuming it is economically feasible. 21.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Hoag Healthcare Center Project including, but not limited to, the approval of Use Permit No. 2006 -010 and Traffic Study No. 2006 -001; and /or the City's related California Environmental Quality Act determinations, the certification of the Mitigated Negative Declaration and /or the adoption of a Mitigation Monitoring Program for the Hoag Healthcare Center Expansion Project. 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. 22. Prior to the issuance of the demolition permit, the applicant shall undertake and complete an asbestos survey and lead -based paint survey to determine the presence of asbestos and lead -based paint. If it is determined that ACM and /or LBP exists in the structures to be demolished, abatement of the ACM and LBP shall occur prior to demolition of the existing structure. All work undertaken by the Planning Commission Resolution No. Page 15 of 17 contractor shall comply with SCAQMD Rule 1402 related to the disturbance of ACM, as well as the storage and disposal of ACM. The contractor's responsibilities shall include proper notification, removal techniques for ACM, clean -up procedures, and waste storage and disposal. 23. If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). 24. If contaminated soils are encountered during demolition, site preparation, and /or construction activities associated with project implementation, such activities shall cease and appropriate health and safety procedures shall be prescribed and implemented. No further work shall be undertaken until such time as it can be shown to the responsible regulatory agency that the public would not be exposed to a potential health hazard. Building Department 25.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 26.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 California Building Code. 27.The size, layout, path of travel and dispersion of the disabled parking stalls shall be reviewed and approved by the Building Department prior to the issuance of permits and shall comply with code requirements. 28.The proposed open parking garage occupancy (S-4) and basement occupancy separation shall comply with Sections 311.2.2.2 of the California Building Code (CBC 2001). 29.Compliance with ADA code requirements shall be verified for the existing parking structure on -site and updated as required by the Building Department. 30.Canopies shall be provided above the disabled parking stalls at the other buildings within the project site per Section 11096.2 of the California Building Code, unless otherwise approved by the Building Department. Planning Commission Resolution No. Page 16 of 17 Public Works Department 31. ADA compliant paths shall be provided within the areas identified and affected by the project's scope of work. 32. Prior to commencement of demolition and grading of the protect, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 33.Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 34.Vehicular traffic on Dana Road and Flagship Road shall not be impacted by private construction work. 35.A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). 36. No construction material shall be staged or stored within the public right -of -way. 37. Prior to issuance of building permits for new construction, the on -site parking (surface and structure), vehicle circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer. 38. The intersection of the driveways and streets shall be designed to provide adequate sight distance per City Standard STD - 110 -L. 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. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 39.The southerly driveway (adjacent to Dana Road) shall be restricted to right -turn in and right -turn out. The method to reinforce (i.e. signage, median, etc.) the right -turn in and right -turn out driveway shall be reviewed and approved by the Public Works Department. Planning Commission Resolution No. Page 17 of 17 40.The van shuttle between Hoag Hospital and the project site shall not use local streets (i.e. Dana Road and Flagship Road) and residential areas. The shuttle route shall be restricted to the City's arterial system (i.e. Newport Boulevard, Superior Avenue, Placentia Avenue, Hospital Road, Industrial Way). 41. Prior to the issuance of any medical office tenant improvement permits, the applicant shall post a 10 -year bond for the traffic signal installation at the main project driveway (center driveway) and roadway improvements (medians, striping, planting). Upon acquisition of the required right -of -way needed to accommodate the improvements, the City will be responsible for completing the traffic signal installation and street improvements, and the applicant shall reimburse the City for all costs associated with the improvements. 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 Department 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. Prior to the issuance of grading permits, the applicant shall prepare a water system and a sanitary sewer system demand study on the existing facilities that will serve the portion of the site impacted by the proposed development. These studies shall be submitted to the City of Newport Beach prior to issuance of the demolition permit. The owner shall bear the costs of all water and /or sanitary sewer systems improvements required by the development. Mitigation Measures 44.The applicant shall comply with all mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration (SCH No. 2006 - 101105) for the project.