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HomeMy WebLinkAbout1905 - RECOMMEND ADOPTION OF A MND FOR THE CITY HALL REUSE _ 3300 NEWPORT BLVDRESOLUTION NO. 1905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION (SCH #2012111074) FOR THE CITY HALL REUSE PROJECT AMENDMENTS AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, legally described in Exhibit A. The amendments are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION Pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), the CEQA Guidelines (14 Cal. Code of Regulations, Planning Commission Resolution No. 1905 Page 2 of 15 Sections 15000 et seq.), and City Council Policy K -3, the proposed amendments ( "Project') are defined as a project and as such as subject to environmental review. The City thereafter caused to be prepared an Initial Study /Mitigated Negative Declaration (SCH No. 2012111074) ( "MND ") in compliance with CEQA, the State CEQA Guidelines and City Council Policy K -3. 3. Notice of the availability of the draft MND was given in accordance with CEQA, the State CEQA Guidelines and City Council Policy K -3. The draft MND was made available for public review for a 30 -day comment period beginning on November 26, 2012, and ending December 26, 2012. The City received three comments letters during the public review period and the comments and responses to the comments were considered by the Planning Commission during its consideration of the proposed Project. 4. On the basis of the entire environmental review record, the proposed Project will have a less than significant impact upon the environment with the incorporation of mitigation measures identified in IS /MND and in the Mitigation Monitoring and Reporting Program (MMRP). The mitigation measures are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures would be applied to future development of the site consistent with the proposed amendments through the MMRP. SECTION 3. DECISION NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the City Hall Reuse Project Amendments (SCH #2012111074) attached as Exhibits B and C respectively. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY, 2013. AYES: Ameri, Brown, Hillgren, Myers, Toerge, Tucker NOES: ABSTAIN: ABSENT: Kramer Planning Commission Resolution No. 1905 Page 3 of 15 Exhibit A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32N' STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST Planning Commission Resolution No. 1905 Page 4 of 15 CORNER OF LOT 1 OF SAID BLOCK "A'; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'1530" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. Planning Commission Resolution No. 1905 Page 5 of 15 EXHIBIT B Initial Study /Mitigated Negative Declaration (Including Comments and Responses to Comments) City Hall Reuse Project Amendments (SCH #201 21 1 1 074) Separate bound report Planning Commission Resolution No. 1905 Page 6 of 15 EXHIBIT C Mitigation Monitoring and Reporting Program City Hall Reuse Project Amendments (SCH #2012111074) MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT BEACH CITY HALL REUSE PROJECT AMENDMENTS Off, H v kk W POli' ®I . ? 9JIFOR1yt 4t tlt Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 1 0 MITIGATION MONITORING AND REPORTING PROGRAM In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MND) and Initial Study for the proposed Newport Beach City Hall Reuse Project located in the City of Newport Beach. The MND indicated that the potential adverse environmental impacts of the project, in terms of Aesthetics, Biological Resources, Cultural Resources, Noise, and Public Services (i.e., Fire Protection) could be mitigated to below levels of significance. The mitigation measures have been incorporated into the project and the MND is scheduled for adoption by the City of Newport Beach, in conjunction with the approval of the project. In addition to the mitigation measures, several standard conditions and /or project design features have also been incorporated into the proposed project that avoid or reduce potentially significant impacts. The standard conditions are also listed in the MMRP. Section 21081.6 of the Public Resources Code (PRC) and CEQA Guidelines section 15097 require the Lead Agency for each project which is subject to the CEQA to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The PRC requires the Lead Agency to adopt a monitoring and reporting program that is designed to ensure compliance during project implementation.. In accordance with PRC Section 21081.6 and CEQA Guidelines section 15097, this Mitigation Monitoring and Reporting Program (MMRP) has been developed for the Newport Beach City Hall Reuse project. MITIGATION MEASURES The mitigation measures which are required to reduce or avoid the potentially significant adverse impacts of future development on the project site are listed in Table 1, Mitigation Monitoring and Reporting Program. Responsible parties, the time frame for implementation, and the monitoring parties are also identified for each measure. In order to determine if the responsible party has implemented these measures, the method of verification is also identified, along with the City of Newport Beach department or agency responsible for monitoring /verifying that the responsible party has completed each mitigation measure. Table 1 Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Newport Beach, CA SC /MM No. Mitigation Measure Method of Verification Timing of Implementation Responsibility Aesthetics Future redevelopment/muse of the City Hall Complex property shall reflect the architecture, landscape architecture, lighting and all - applicable related guidelines established for the subject site by the Prior to Approval of Site M 4.1 -1 Lido Village Design Guidelines. Prior to approval of a future project for Plan Check Development Plan Planning Division redevelopmentlmuse of the City Hall Complex property, the applicant shall submit development plans that comply with the Lido Village Design Guidelines applicable to the City Hall Complex property, Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 2 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Res onsibilit Future uses and/or structures proposed for the City Hall Complex property shall comply with all applicable development standards of Section 5.1 (Implementation), the provisions of Part 3 (Site Planning MM 4.1 -2 and General Development Standards), and Part 4 (Standards for Plan Check Prior to Approval of Site Planning Division Speck Land Uses) in the Lido Village Design Guidelines. In addition, Development Plan future site development shall also comply with other criteria, guidelines, and policies adopted by the City related to the use and development of land. Prior to issuance of a grading permit, a Master Landscape Plan shall be submitted to the Director of Community Development, in conjunction with the Master Site /Development Plan for the City Hall Complex property for review and approval. Landscaping shall Prior to Issuance of Grading MM 4.1 -3 complement the proposed site design and surrounding streetscape Plan Check Permit Planning Division and must also be consistent with the Lido Village Design Guidelines for the City Hall Complex property. All landscaping shall comply with the landscape plant palette prescribed in the Lido Village Design Guidelines. Prior to the issuance of the first building permit for development proposed within the City Hall Complex property, the project Applicant shall submit for approval a lighting plan that shall incorporate a "dark sky" lighting system and its components into the Project design. The lighting plan shall be approved by the City of Newport Beach Community Development Director. The lighting plan shall incorporate electrical plans and structural plans that detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, any public art displays, fountains, or landscape areas. Lighting within the development shall be directed and shielded so that light does not spill into adjacent development. Flood lamp shielding and /or sodium bulbs shall be used in developed MM 4.1 -4 areas to reduce the amount of stray lighting into off -site. No skyward- Plan Check Prior to Issuance of First Planning Division casting lighting shall be used. Final lighting orientation and design Building Permit shall be in accordance with the "dark sky' lighting standards as defined by the Illuminating Engineering Society of North America IIESNA) and shall reduce the impacts of new light sources to the extent feasible as determined by the Community Development Director or his /her designated representative. Prior to final inspection or issuance of a certificate of occupancy, where applicable, the City shall cause to be performed a photometric field survey to verify the proper construction and installation of materials within the approved plan; determine the actual light patterns and values through light meter testing and observation; and determine the extent of any errant lighting. Deviations and /or violations shall be corrected prior to the final occupancy of future development. Agriculture and Forest Resources No significant impacts will occur and no mitigation measures are required. o_ N Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 3 SC /MM Method of Timing of No. Mitt ation Measure Verification Implementation Res onsibilit Air Quality No significant impacts will occur and no mitigation measures are required. Biological Resources Prior to the approval of future development of the City Hall Complex property,. the City shall develop a Tree Management Program that MM 4.4 -1 would include the removal, relocation or preservation of all existing Plan Check Prior to Approval of Future Planning Division trees or landscape materials. The removal or relocation of designated Site Development Special Trees shall be subject to Council Policy G -t and Parks, Beaches, and Recreation Commission or City Council approval. Every effort should be taken to avoid significantly impacting the two Landmark Trees. Should future development of the site put the Landmark Trees in jeopardy, the trees should be transplanted to an acceptable location on -site provided there are located to minimize Prior to Issuance of Grading MM 4.4 -2 future damage to hardscape or underground utility systems. As an Plan Check/On -Site ratio Site Planning Division alternative, the trees can be relocated to an appropriate off -site Monitoring Preppaaration n and Grading location. In the event that the trees do not remain on -site, the City should consider planting two replacement . specimen trees of any variety on -site that would be eligible to be designated as Landmark Trees. The City should locate an existing Ficus beniamina tree in a City park and dedicate the tree in the name of William Lawrence "Billy" Covert. Should an appropriate tree not be found, the City will attempt to Prior to Issuance of Building MM 4.4 -3 transplant the existing tree or plant a new tree of the same variety at Plan Check Permit Planning Division an appropriate location. The re- dedicated tree should have a permanent marker or plaque. Every effort should be made to involve the Covert family in this process. Because the Walter Knott Tree and the California Bicentennial Tree cannot be effectively transplanted, the City should locate an existing tree within a City park and dedicate it in the name of Walter and MM 4.4 -4 Cordelia Knott. The City should also locate an existing tree in a Plan Check Prior to Issuance of Building Planning Division prominent location within a City park or at the new Civic Center and Permit dedicate it in honor of the Slate of California. The re- dedicated trees will have permanent markers and every effort should be made to involve the Knott family and the community in the process. Because the Freedom Tree also cannot be effectively transplanted, the City should locate an existing tree in a very prominent location MM 4.4 -5 within a City park or at the new Civic Center and dedicate it as The plan Check Prior to Issuance of Building Planning Division Freedom Tree. An appropriate permanent marker or plaque will be Permit provided and the dedication should be accomplished with community and veterans groups' participation. All other trees or other landscaping should be incorporated on -site MM 4.4 -6 within new development to the extent practical. If existing trees or Plan Check Prior to Issuance of Grading planning Division landscaping are not being utilized in new designs, the City should Permit salvage and transplant whatever it deems appropriate and then Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 4 0 0 SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Res onsibilit consider offering remaining salvageable landscaping to the public at auction provided the cost of landscape salvage is the responsibility of the successful bidders. Cultural Resources A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be available during the grading and landform alteration phase. In the event cultural resources and /or fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery shall be Proof of Qualified SC 4.5 -1 redirected or halted by the monitor until the rind has been salvaged. Archaeological /Paleontlogical Prior to Issuance of Grading Planning Division Any artifacts and /or fossils discovered during project . construction shall Monitor Permit be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. The City shall provide an opportunity for a Native American representative MM 4.5 -1 I, monitor excavation activities. The representative shall be determined On -Site Monitoring During Site Preparation and Planning Division by the City based on input from concerned Native American tribes (i.e., Grading Gabrielino, Juaneno, and Ton vas ). Geology and Soils No significant impacts will occur and no mitigation measures are required. Greenhouse Gas Emissions No significant impacts will occur and no mitigation measures are required. Hazards and Hazardous Materials The City of Newport Beach will require all plans for proposed future SC 4.8 -1 development within the project area to comply with all applicable Plan Check Prior to Issuance of Grading Building Division Federal, Stale, and local regulations pertaining to the transport, Permit storage, use and /or disposal of hazardous materials on the site. Prior to issuance of a demolition permit, a sampling and analytical testing program shall be undertaken by a certified asbestos consultant (CAC) and certified LBP inspector (unless those materials are handled Prior to Issuance of SC 4.8 -2 as ACM and /or LBP). If ACM and /or LBP is detected, the materials Testing Demolition Permit Building Division shall be removed by a licensed asbestos or LBP contractor prior to any building demolition or renovation that would disturb the identified ACM or LBP. 0 Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 5 SC /MM Method of Timing of No. Mitt ation Measure Verification Implementation Responsibility Hydrology and Water Quality Prior to issuance of a grading permit, the project applicant for future redevelopment/reuse of the City Hall Complex property shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future Prior to issuance of grading Building Division and SC 4.9 -1 projects under the General Construction Activity Stonn Water Runoff Submit evidence of NOI filing Permit prior to initiation of construction activity at a future site. As permit Public Works Department required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. Prior to approval of redevelopment/reuse project on the City Hall Complex property by the City Council, the project applicant shall prepare a Preliminary Water Quality Management Plan (WQMP) for the project and submit. the Final WQMP to the City of Newport Beach for approval with the project improvement plans. The WQMP shall specifically identify Best Management Practices (BMPs) that will be used to control predictable "First Prior to issuance of grading Building Division and SC 4.9 -2 pollutant runoff, including flow /volume -based measures to treat the Approval of WQMP permit Public Works Department flush." The WQMP shall identify at a minimum the routine structural and non - structural measures specified in the Countywide NPDES Drainage Area Master Plan. (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities, and shall reference the locations of structural BMPs. Prior to issuance of a grading permit for future redevelopment/reuse of the City Hall Complex property, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will Submit SWPPP establish BMPs in order to reduce sedimentation and erosion and prevent Prior to issuance of grading Building Division and SC 4.9 -3 construction pollutants from leaving the site. The project shall also Approval A pP of erosion and permit Public Works Department incorporate all monitoring elements as required in the General sediment control plan Construction Permit. The project applicant shall also develop an erasion and sediment control plan to be reviewed and approved by the City of Newport Beach prior to issuance of grading permit. Future site grading and construction shall comply with the drainage Submit evidence of During grading and Building Division and SC 4.9 -4 controls imposed by the applicable building code requirements prescribed compliance and site construction activities Public Works Department b the Cit of Newport Beach. ins ection Land Use and Planning No significant impacts will occur and no mitigation measures are required. Mineral Resources No significant impacts will occur and no mitigation measures are required. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 6 N O_ Ut SC /MM Method of Timing of No. Miti ation Measure Verification Im lementalion Res onsibilit Noise To ensure compliance with Newport Beach Municipal Code Section 10.28.040, grading and construction plans for future redevelopmenUreuse of the City Hall Complex property shall include a note indicating that loud noise - generating Project construction Prior to Issuance of Grading SC 4.12 -1 activities (as defined in Section 10.28.040 of the Newport Beach Noise Plan Check Permit Public Works Department Ordinance) shall take place between the hours of 7:00 a.m, and 6:30 p.m, on weekdays and from 8:00 a.m. to 6:00 p.m. on Saturdays. Loud, noise - generating construction activities are prohibited on Sundays and federal holidays. HVAC units shall be designed and installed in accordance with Section SC 4.12 -2 10.26.045 of the Newport Beach Noise Ordinance, which specifies the Plan Check Prior to Issuance of Building Public Works Department maximum noise levels for new HVAC installations and associated Permit conditions. All residential and hotel units shall be designed to ensure that interior noise levels in habitable rooms from exterior transportation sources (including aircraft and vehicles on adjacent roadways) shall not exceed 45 dBA CNEL. This condition complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations) and, for multiple - family residences, exceeds the requirements of Section 10.26.025 of the Noise Ordinance. Prior to issuance of a building permit, the Developer /Applicant of future Prior to Issuance of Building SC 4.12 -3 redevelopmentireuse of the City Hall Complex property shall submit to Plan Check Permit Public Works Department the City of Newport Beach Community Development Department, Building Division Manager or his /her designee for review and approval architectural plans and an accompanying noise study that demonstrates that interior noise levels in the habitable rooms of residential and hotel units due to exterior transportation noise sources would be 45 dBA CNEL or less. Where closed windows, are required to achieve the 45 dBA CNEL limit, Project plans and specifications shall include ventilation as required by the California Building Code. In accordance with City of Newport Beach standards, rubberized asphalt, or pavements offering equivalent or better acoustical Prior to Issuance of Building SC 4.12 -4 properties shall be used to pave all public arterials on the Project site Plan Check Permit Public Works Department and all off -site City of Newport Beach roads where improvements would be provided or required as a part of the Project. Prior to issuance of future demolition or permits, the Director of the City of Newport Beach Community Development Department, or designee, shall verify that the following notes appear on demolition, grading and construction plans: Prior to Issuance of MM 4.12 -1 Plan Check Demolition Permit Planning Division 1. During all project site demolition, excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 7 w o_ SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility 2. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise - sensitive receptors nearest the project site during all project construction. Population and Housing No significant impacts will occur and no mitigation measures are required. Fire Protection Future redevelopment/reuse proposed for the City Hall Complex shall SC 4.14 -1 be designed in accordance with all applicable design parameters of Plan Check Prior to Issuance of Building Fire Department the California Fire Code, California Building Code and local City Permit amendments. Prior to City approval of redevelopment/reuse plans for the City Hall Complex, the Applicant shall obtain Fire Department review and Prior to Approval of MM4A4 -1 approval of the site plan in order to ensure adequate access is provide Plan Check Redevelopment/Reuse Plan Fire Department to the Project site and that the site plan has been designed to accommodate emergency vehicles. Police Protection Prior to issuance of building permit for future development of the City Hall, Complex, the City of Newport Beach Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. Public safety planning SC 4.14 -2 recommendations shall be incorporated into the Project plans as Plan Check Prior to Issuance of Building Police Department determined necessary. The Applicant shall prepare a list of Project Permit features and design components that demonstrate responsiveness to defensible space design concepts. The Police Department shall review and approve all defensible space design features incorporated into the Project prior to initiating the building Ian check process. Prior to the issuance of the demolition permit and /or action that would permit Project site disturbance, the Applicant shall provide evidence to Prior to Issuance of the City of Newport Beach Police Department that a construction Demolition Permit and /or SC 4.14 -3 security service or equivalent service shall be established at the Agreement Action that would permit Site Police -0epartment construction site along with other measures, as identified by the Police Disturbance Department and the Public. Works Department, to be instituted during the grading g and construction phase of the project. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 8 A O U SC /MM No. Miti ation Measure Method of Verification Timing of Im lementation Res onsibilit Schools SC 4.14 -4 Prior to building permit issuance for future redevelopment/reuse of the City Hall Complex property, the applicant for such development shall pay the applicable statutory developer fees for residential and non - residential land uses in effect at the time of the building permit. Payment of Fees Prior to Issuance of Building Permit Planning Division Recreation No significant impacts will occur and no mitigation measures are required. Trans ortationtTraffic No significant impacts will occur and no mitigation measures are required. Utilities and Service Systems No significant impacts will occur and no mitigation measures are required. o_ Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 9