HomeMy WebLinkAbout2010-21 - 328, 332, and 340 Old Newport BlvdRESOLUTION NO. 2010 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION, FINDING TRAFFIC STUDY NO. TS2009 -002 IN
COMPLIANCE WITH THE TRAFFIC PHASING ORDINANCE,
APPROVING GENERAL PLAN AMENDMENT NO. GP2008 -001
WITH A 1.0 FAR INTENSITY LIMIT, APPROVING USE PERMIT
NO. UP2009 -005, MODIFICATION PERMIT NO. MD2009 -016
AND THE REQUESTED OFF - STREET PARKING CREDIT FOR A
MEDICAL OFFICE PROJECT LOCATED AT 328, 332, AND 340
OLD NEWPORT BOULEVARD (PA2008 -047)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Michael C Adams Associates, with respect to properties
located at 328, 332, and 340 Old Newport Boulevard, and legally described as Lots 8, 9,
10, and 11 of Tract No. 1136 requesting approval of a General Plan Amendment (GPA)
to increase the allowable floor area to land area ratio (FAR) for the project site from
0.5 FAR to 1.0 FAR. An FAR of 1.0 could result in 25,725 square feet of development.
Concurrent with the requested General Plan Amendment, the applicant is proposing
the construction of a 25,000- square -foot medical office building. The following
approvals are requested or required in order to implement the project as proposed:
An amendment to the Land Use Element of the General Plan to increase the
allowable FAR from 0.5 to 1.0 for the project site.
b. A modification permit to allow the proposed subterranean parking area to
encroach 3 feet into the 5 -foot rear yard setback.
C. A seven space off - street parking credit commensurate with the number of on-
street parking spaces available along the project frontage.
A use permit to allow an elevator and stairwell enclosure to exceed the 32 -foot
base height limit.
e. A traffic study pursuant to the City's Traffic Phasing Ordinance.
2. The subject property is located within the Old Newport Boulevard Specific Plan (SP -9);
Retail Service Commercial (RSC) Zoning District and the General Plan Land Use
Element category is General Commercial Office (CO -G).
3. The subject properly is not located within the coastal zone.
4. A public hearing was held by the Planning Commission on February 4, 2010, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 'A notice of
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time, place and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
5. At the February 4, 2010, Planning Commission hearing, the Planning Commission voted
6 -1 recommending that the City Council approve the project as proposed, subject to
findings and conditions of approval.
6. A public hearing was held by the City Council on March 9, 2010, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period
beginning on December 14, 2009 and ending on January 12, 2010. The contents of
the environmental document and comments on the document were considered by the
City Council in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, 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 Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
attached as Exhibit B is hereby adopted. 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.
5. The City Council 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.
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SECTION 3. REQUIRED FINDINGS.
1. The project site is located within the Old Newport Boulevard commercial corridor. The
Land Use Element of the General Plan designates the site General Commercial Office
(CO -G), which is intended to provide for administrative, professional, and medical
offices with limited accessory retail and service uses. The proposed medical office
building would be consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed GPA for increased intensity is consistent with General Plan Policy LU
3.2 as follows:
a. The General Plan recognizes the Old Newport Boulevard corridor as an area
that has experienced reduced economic vitality.
b. The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of three separate, nonconforming and
underperforming properties into one medical office building.
c. As stated in the General Plan, Newport Beach residents desire high quality
development and redevelopment of underperforming, nonconforming
properties.
d. Redevelopment of the subject property may help revitalize the corridor and
encourage redevelopment of other underperforming properties within the Old
Newport Boulevard corridor.
e. The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure.
f. The traffic impact analysis that was prepared for the project found that the
addition of project- related traffic would not have a significant impact at any of
the study intersections.
3. Charter Section 423 requires that all proposed General Plan Amendments be
reviewed to determine if the square footage (for non - residential projects), peak hour
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vehicle trip, or dwelling units thresholds would be exceeded as the means to
determine whether a vote by the electorate would be required to approve the General
Plan Amendment. Pursuant to Council Policy A -18, voter approval is not required as
the proposed General Plan Amendment represents an increase of 12,862.5 square
feet and an increase of 38.59 a.m. and 51.45 p.m. peak hour trips. Additionally, no
prior amendments have been approved within Statistical Area H1 and, therefore, the
project and prior amendments do not cumulatively exceed Charter Section 423
thresholds as to require a vote of the electorate
4. Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a
traffic study be prepared and findings be made before building permits may be
approved for project's that will generate in excess of 300 average daily trips (ADT). For
the purposes of preparing the traffic analysis for this project, 25,725 square feet of
medical office use was conservatively considered as the project size and forecast to
generate 703 additional trips per day, including 35 additional a.m. peak hour trips and
63 p.m. peak hour trips. Pursuant to Section 15.04.030.A, the project shall not be
approved unless certain findings can be made. The following findings and facts in
support of such findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this
chapter and Appendix A.
Facts in Support of Finding:
A -1. A traffic study, entitled "City of Newport Beach, Old Newport Boulevard Sub -
Area Project Traffic Impact Analysis (Revised) dated September 30, 2009" was
prepared by Kunzman Associates under the supervision of the City Traffic
Engineer pursuant to the TPO and its implementing guidelines.
A -2. Pursuant to the TPO, only primary intersections in the City of Newport Beach
are required to be analyzed; however, for the purposes of assessing project -
related impacts pursuant to CEQA, the traffic analysis also analyzed
intersections in the City of Costa Mesa and included a cumulative impact
analysis. Based on consultation between the Cities of Newport Beach and
Costa Mesa staff, a total of 17 intersections were evaluated.
Finding:
B. That based on the eight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (8) can be made:
15.40.030.8.1 Construction of the project will be completed within 60
months of project approval, and
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15.40.030.8. Ila) The project will neither cause nor make an unsatisfactory
level of traffic service at any impacted intersection.
Facts in Support of Finding:
B -1. Construction of the project is anticipated to start in 2010 and completed in 2012.
If the project is not completed within sixty (60) months of this approval,
preparation of a new traffic study will be required.
B -2. The traffic study indicates that the project will increase traffic on three of the ten
study 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.
B -3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the
Traffic Phasing Ordinance, the traffic study determined that the three primary
intersections identified will continue to operate at satisfactory levels of service
as defined by the Traffic Phasing Ordinance, and no mitigation is required.
B-4. Based on the weight of the evidence in the administrative record, including the
traffic study, the implementation of the proposed project will neither cause nor
make worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach.
Finding:
C. That the project proponent has agreed to make or fund the improvements, or
make the contributions, that are necessary to make the findings for approval
and to comply with all conditions of approval.
Facts in Support of Finding:
C -1. Since implementation of the proposed project will neither cause nor make
worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach, no improvements or mitigations
are necessary.
5. The proposed project encroaches up to 3 feet into the required 5 -foot rear yard (alley)
setback with portions of the subterranean parking levels. Although the encroachments
are below grade, the Zoning Code does not include any exceptions for below -grade
improvements and a modification permit is required. In accordance with Section
20.82.060 of the Newport Beach Municipal Code, the following findings and facts in
support of such findings are set forth:
Finding:
A. The granting of the application is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
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results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
Facts in Support of Finding:
A -1. The purpose and intent of the off -site parking regulations of the Zoning Code is to
ensure sufficient parking is provided for new and expanded land uses, and to
ensure efficiency, protect the public safety, and, where appropriate, insulate land
uses from adverse impacts. Also, one of the Old Newport Boulevard Specific Plan
goals is to minimize traffic and parking impacts on adjacent single - family
residential areas by discouraging ingress and egress from the alley accessible
from Holmwood Drive.
A -2. Strict application of the parking requirements requires the proposed medical office
building to provide a total of 125 parking spaces. A practical difficulty exists in that
the project site is relatively shallow (approximately 100 feet deep between Old
Newport Boulevard and the rear alley), which creates design constraints for
providing adequate parking circulation and requires the use of the entire lot
area to meet the on -site parking requirements. Given the constraints of the
shallow lot, only one -way vehicular circulation can be accommodated on each
level and ramps necessary to access an additional subterranean parking level
would not be achievable.
A -3. A practical difficulty also exists in that the rear property line curves slightly,
necessitating the 3 -foot encroachment only within the middle portion of the site.
If the site would have been rectangular in shape, the 3 -foot encroachment
would not be necessary.
A-4. Therefore, the required number of parking spaces cannot be accommodated on-
site without the minor below -grade encroachments, unless an alternative parking
layout is designed that provides an additional parking level accessible from the
alley, which would be inconsistent with the purpose and intent of the Specific
Plan.
Finding:
B. The requested modification will be compatible with the existing development in the
neighborhood.
Facts in Support of Finding:
B -1. The 3 -foot encroachment into the rear 5 -foot setback occurs entirely below grade
and will not be visible from the alley.
B -2. At grade, only the two office levels of the building will be visible and will maintain a
setback greater than the required 5 feet for a majority of the alley frontage. A
condition of approval has been included requiring the above -grade rear setback
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area to be entirely landscaped with a combination of groundcover, shrubs, and
vertical plantings to enhance the aesthetics of the alley elevation and to
minimize the visual bulk and mass of the structure.
Finding:
C. The granting of such an application will not adversely affect the health or safety of
persons residing or working in the neighborhood of the property and will not be
detrimental to the general welfare or injurious to property or improvements in the
neighborhood.
Facts in Support of Finding:
D -1. Granting the modification for the subterranean encroachments allows the project
to provide the required on -site parking, while limiting vehicular ingress and egress
to Old Newport Boulevard and ensuring that the residential area across the alley
is protected from vehicular disturbances associated with the project.
D -2. The encroachments occur entirely below grade and vehicular maneuverability
through the alley will not be impacted. At grade, the rear 5 -foot setback will consist
of landscaping and will not impact vehicle maneuverability through the 20 -foot-
wide alley.
6. The project proposes a total of 125 parking spaces, 7 of which are located on- street.
Pursuant to Section 20.46.0401 of the Old Newport Boulevard Specific Plan,
developments which maintain a 50 -foot (full height curb) separation between driveway
approaches on Old Newport Boulevard may be granted an off - street parking credit
equal to the number of on- street parking spaces available along that frontage. The
project as proposed maintains a separation greater than 200 feet between driveway
approaches; however, the City's Traffic Engineer has identified a sight distance hazard
associated with 3 of the proposed 7 on- street parking spaces. The remaining 4 spaces
do not pose a traffic hazard and a 4 space off - street parking credit is appropriate in
this case for the following reasons:
a. The project accommodates 4 on- street parking spaces along the project
frontage.
b. The parking spaces are so located to be useful in connection with the proposed
use.
c. Given the land -use mix in the area, use of the 4 parking spaces will not
negatively impact parking for visitors to the area (i.e. on- street parking is not
used for beach access or shopping).
d. The parking credit allows for lot consolidation and unified site design.
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7. The project is located in the 32/50 -foot height limitation zone that permits buildings and
structures to exceed the 32 -foot height limit up to a maximum of 50 feet through the
approval of a use permit. Overall, the building design conforms to the natural
topography of the site and includes step backs at each level while maintaining the 32-
foot height limit; however, in order to provide an entry lobby clearly visible and
accessible from the Old Newport Boulevard frontage, an elevator and stairwell
enclosure is proposed to be located at the northwest comer of the site and will exceed
the base height limit. The elevator and stairwell enclosure would be approximately 600
square feet in area and measure 44 feet 10 inches in height. In accordance with
Section 20.65.055 of the Newport Beach Municipal Code, the following findings and
facts in support of such findings are set forth:
Finding:
A. The increased building height would result in more public visual open space and
views than is required by the basic height limit in any zone. Particular attention
shall be given to the location of the structure on the lot, the percentage of ground
cover, and the treatment of al/ setback and open areas.
Facts in Support of Finding:
A -1. The project architect has designed an alternative plan that fully complies with
the height limit and achieves the same floor area as the proposed design;
however, in order to comply with the 32 -foot height limit and still provide a
second means of egress from the upper office levels to the lower parking levels,
the elevator and stairwell would have to be relocated to the northeastern corner
of the project site where the natural grade elevations are higher. Also, the
relocation of the elevator and stairwell to the rear of the building displaces office
floor area and requires enlargement of the footprint of the 1St office level to
replace the displaced floor area (reducing above -grade setback at alley).
Finally, it places the elevator and stairwell closer to the adjacent residential
area.
A -2. In comparing the proposed plan with the alternative plan, there is a difference in
the above -grade building setback and landscaping planting area provided at the
rear of the project adjacent to the alley. With the proposed plan, an above -
grade building setback ranging from 5 feet to 16 feet is provided with an 877 -
square -foot landscape planting area. This increased setback and landscaping
significantly enhances the aesthetics of the project as viewed from the alley
frontage and adjacent residential uses (public visual open space). In the
alternative plan, the above -grade building setback is reduced and the area of
landscaping that can be accommodated is reduced to 344 square feet (a 40-
percent reduction).
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Finding:
B. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character of the
area than is required by the basic height limit in any zone.
Facts in Support of Finding:
B -1. The proposed design allows for an entry lobby clearly visible and accessible
from the Old Newport Boulevard frontage. Architecturally, this enclosure also
serves as a design element that breaks up the long elevation of the project
frontage and creates visual interest.
B -2. The project architect has designed an alternative plan that fully complies with
the height limit and achieves the same floor area as the proposed design;
however, to provide access from the lower parking levels to the upper office
levels, the subject elevator and stairwell would have to be relocated to the
northeastern corner of the project site where the natural grade elevations are
higher.
B -3. The result of the alternative design would be a less desirable architectural
treatment of the building in that the building's primary entry would be eliminated
from Old Newport Boulevard and the building elevation visible from Old
Newport Boulevard would be heavily dominated by the parking structure. Safe
pedestrian access from the Old Newport Boulevard street frontage would be
lost as patients parking on the street would have to walk through the driveway
entries and through the parking structure to access the building lobbies. This
design would also be inconsistent with General Plan Policy LU 5.4.1 which
requires readily observable site access, entrance drives, and building entries to
minimize conflicts between service vehicles, private automobiles, and
pedestrians. It would also be inconsistent with Policy LU 5.4.2 which requires
new developments to be designed to convey a unified and high - quality
character in consideration of several principles, including clearly identifying the
entry of the building through design elements.
Finding:
C. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments or
public spaces. Particular attention shall be given to the total bulk of the structure
including both horizontal and vertical dimensions.
Facts in Support of Finding:
C -1. The project site maintains a relatively long frontage width of approximately 290
feet along Old Newport Boulevard. To minimize the massing and scale of the
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building as viewed from Old Newport Boulevard, the proposed design includes
step backs at each of the office levels following the natural topography of the
site.
C -2. As viewed from the alley frontage, the increased height of the elevator and
stairwell enclosure will not be visible from the alley or residences to the east as
the overall elevation to the top of the enclosure (101.33 feet) would remain
lower than the elevation of the portion of the building facing the alley (103.00
feet).
C -3. As viewed from the Old Newport Boulevard frontage, the increased height of
the elevator and stairwell enclosure will be clearly noticeable as it is located
immediately adjacent to the front property line and will measure approximately
40 feet in width, which is approximately 14- percent of the frontage width.
However, given the fact that the upper office level adjacent to the alley is higher
in overall elevation, the elevator and stairwell enclosure would not result in an
abrupt scale relationship. Also, providing an entry lobby clearly visible and
accessible from the Old Newport Boulevard frontage is desirable and
encouraged by the General Plan.
Finding:
D. The structure shall have no more floor area than could have been achieved without
the use permit.
Facts in Support of Finding:
D -1. The proposed structures will have no more floor area than could have been
achieved without requesting the increased height.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council 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 City
Council's independent judgment and analysis. The City Council hereby adopts Mitigated
Negative Declaration, 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.
2. The City Council of the City of Newport Beach does hereby approve General Plan
Amendment No. GP2008 -001. Table LU2 and Figure LU9 of the Land Use Element of
the General Plan shall be amended as provided in Exhibit "W.
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3. The City Council of the City of Newport Beach does hereby find that the Project
complies with the Traffic Phasing Ordinance, based on the weight of the evidence in
the administrative record, including Traffic Study No. TS2009 -002.
4. The City Council of the City of Newport Beach does hereby approve Use Permit No.
UP2009 -005, Modification Permit No. MD2009 -016 and the requested off - street parking
credit, subject to the conditions set forth in Exhibit "C ".
5. This resolution shall take effect immediately upon adoption.
6. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for increasing the floor area ratio for future developments.
7. The City Council of the City of Newport Beach hereby directs the City Clerk to mail
notice of this decision to the applicant and appellant within five working days of the
date of this decision.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on the
March 9, 2010, by the following vote to wit:
AYES, COUNCIL MEMBERS Selich, Rosanskv, Henn,
Gardner, Daigle, Mayor Curry
NOES, COUNCIL MEMBERS Webb
ABSENT COUNCIL MEMBERS None
MAYOR
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EXHIBIT "A"
Mitigation and Monitoring Reporting Program
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Date
Aesthetics
MM VA: The site shall not be excessively illuminated
Plan check
Prior to the
Planning Dept.
based on the luminance recommendations of the
and field
issuance of
Illuminating Engineering Society of North America, or, if in
inspection.
permits and
the opinion of the Planning Director, the illumination
after
creates an unacceptable negative impact on surrounding
construction.
land uses or environmental resources. The Planning
Director may order the dimming of light sources or other
remediation upon finding that the site is excessively
illuminated.
MM V.2: Prior to the issuance of building permits, the
Plan check.
Prior to the
Planning Dept.
applicant shall prepare a photometric study in conjunction
issuance of
with a final lighting plan for approval by the Planning
permits.
Department.
MM V.3: Lighting shall be in compliance with applicable
Plan check.
Prior to the
Planning Dept.
standards of the Zoning Code. Exterior on -site lighting
issuance of
shall be shielded and confined within site boundaries. No
permits.
direct rays or glare are permitted to shine onto public
streets or adjacent sites or create a public nuisance.
' Walpak" type fixtures are not permitted. Parking area
lighting shall have zero cutoff fixtures and light standards
shall not exceed 20 feet in height.
Air Quality
MM AQ.1: The applicant shall employ the following best
Field
During
Building Dept.
available control measures ( "BACMs ") to reduce
inspections.
construction.
and
construction - related air quality impacts:
Contractor to
Contractor.
Dust Control
certify.
- Water all active construction areas as needed.
- Cover all haul trucks or maintain at least two feet of
freeboard.
- Pave or apply water four times daily to all unpaved
parking or staging areas.
- Sweep or wash any site access points within two hours
of any visible dirt deposition on any public roadway.
- Cover or water twice daily any on -site stockpiles of
debris, dirt or other dusty material.
- Suspend all operations on any unpaved surface if
winds exceed 25 mph.
Emissions
- Require 90-day low -NOx tune -ups for off road
equipment.
- Limit allowable idling to 5 minutes for trucks and heavy
equipment.
- The construction contractor shall utilize coatings and
solvents with a VOC content lower than required under
SCAQMD Rule 1113.
- The construction contractor shall utilize materials that
do not require painting, as feasible.
Off -Site Impacts
- Encourage car pooling for construction workers.
- Limit lane closures to off -peak travel periods.
- Park construction vehicles off traveled roadways.
- Wet down or cover dirt hauled off -site as needed to
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reduce dust.
- Sweep access points daily.
- Encourage receipt of materials during non -peak traffic
hours.
- Sandbag construction sites for erosion control.
Excavation
- The number and type of equipment for dirt removal 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 movement to achieve a minimum
10 percent soil moisture content in the top six -inch
surface layer, subject to review /discretion of the
eotechnical engineer.
MM AQ.2: Energy Conservation
Plan check
Prior to
Planning Dept.
- During demolition, to the extent feasible, recyclable
and field
issuance of
and
materials shall be separated from materials that cannot
inspections
permits and
Contractor.
be recycled.
(recycling).
during
- Incorporate energy and water saving materials, features
construction.
and practices as feasible; maximize use of low- energy
Contractor to
lighting (LED, fluorescent) where feasible; require
certify.
acquisition of new appliances and equipment to meet
EneWy Star certification where appropriate.
Cultural Resources
MM CRA: Prior to issuance of a grading permit, the
Plan check
Prior to
Planning Dept.
applicant shall provide written evidence to the Planning
and field
issuance of
and
Director that a qualified archaeologist (with training in the
inspections.
permits and
Contractor.
recognition of paleontological resources, or a separate
Contractor to
during
paleontologist) has been retained to observe grading
certify.
construction.
activities and conduct salvage excavation of archeological
resources as necessary. The archeologist shall be
present at the pre - grading conference, shall establish
procedures for archeological resources surveillance, and
shall establish, in cooperation with the City, procedures
for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of the artifacts as
appropriate. If archeological and/or paleontological
features are discovered, the archeologist shall report such
findings to the Planning Department If the archeological
resources are found to be significant, the archeological
observer shall determine appropriate actions, in
cooperation with the City, for exploration and /or salvage.
These actions, as well as final mitigation and disposition
of the resources, shall be subject to the approval of the
Planning Director.
MM CR.2: In accordance with the Public Resources Code
Field
During
Building Dept.
§5097.94, if human remains are found, the Orange
inspections.
construction.
and
County Coroner must be notified within 24 hours of the
Contractor.
discovery. if the Coroner determines that the remains are
not recent, the Coroner will notify the Native American
Heritage Commission in Sacramento to determine the
most likely descendent for the area. The designated
Native American representative then determines in
consultation with the City the disposition of the human
remains.
Hazards
MM HZA: A survey for hazardous materials/wastes shall
Plan check.
Prior to
Building Dept.
be undertaken prior to demolition activities. In the event
issuance of
that hazardous materials are determined to be potentially
permits.
resent, a plan for safe storage and disposal shall be
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developed. The Applicant shall provide evidence that
ensures that any identified hazardous materials/wastes
are handled and disposed of in the manner specified by
the State of California Hazardous Substances Control
Law (Health and Safety Code Division 20, 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.
MM HZ.2: Prior to the issuance of any building pennits
Plan check
Prior to
Fire Dept.
for new construction, the Applicant shall submit
issuance of
documentation to the City's Fire Department for review
permits.
and approval to ensure that either there are no hazardous
materials/wastes on the site, or that any identified
hazardous materials/wastes are stored, handled and
disposed of in compliance with state and federal
guidelines, and as directed by the City's Fire Department.
MM HZ.3: The Applicant shall ensure that grading and
Plan check
Prior to
Planning Dept.
building plans include the following measures and that the
issuance of
measures shall be followed by the construction contractor
permits.
and crew:
1.The storage of hazardous materials, chemicals, fuels,
and oils and fueling of construction equipment shall be
a minimum of 45 meters (150 feet) from any drainage,
water supply, or other water feature.
2. Provide secondary containment and/or proper covers
or lids for material storage, trash bins, and outdoor
processing and work areas (Source NPDES Santa
Ana Regional Water Quality Control Board
[SARWQCB] 4th Term Permit R8- 2009 -0030).
3. Whenever possible, all of a product shall be used up
before disposal of its container.
4. If surplus product must be disposed of, methods for
disposal recommended by the manufacturer or the City
and the state shall be followed.
5. Spills shall be contained and cleaned up immediately
after discovery. Manufacturer's methods for spill
cleanup of a material shall be followed as described on
the Material Safety Data Sheets (MSDS) for each
product. Any hazardous spills that enter the storm
drains (also known as MS 4s) shall notify the City and
the SARWQCB.
H)Wrology
MM HYA: Prior to grading and building permit issuance,
Plan check
Prior to
Building Dept.
the applicant shall submit a Water Quality Management
issuance of
Plan ("WQMP ") to satisfy the City's requirements. This
permits.
plan will prescribe appropriate structural and non-
structural Best Management Practices ("BMPs ") to
address pollutants generated by the project to ensure that
no violations of water quality standards will occur.
Noise
MM NA: As feasible, pile driving shall utilize sonic pile
Field
During
Building Dept.
driving or caisson drilling in place of impact pile driving as
inspections.
construction.
and
appropriate for site conditions; sonic pile driving shall only
Contractor to
Contractor.
be used after review by acoustical and structural engineers
certify.
to ensure that adjacent buildings would not be adversely
affected by steady state excitation resulting in resonance
response or other adverse geologic issues. The pile
driving rig shall access the site from Old Newport and not
the alley.
Tmplt: 11/23109
City Council Resolution No. _
Paae 15 of 26
Tmplt: 11/23/09
Method of
Timing
Responsible
Verification
Verification
Pa
Date
MM N.2: All construction equipment shall be equipped
Field
Prior to start
Contractor.
With residential -grade mufflers and other suitable noise
inspections.
of excavation/
attenuation devices.
Contractor to
grading.
certify.
MM N.3: A temporary six -foot solid wall (e.g., wood or
Field
Prior to start
Building Dept.
other noise baffling material) shall be constructed on the
inspections.
of excavation
and
project site such that the line -of -sight is blocked from
Contractor to
grading.
Contractor.
construction activity to the residential uses along the alley.
certify.
Additionally noise shrouds and /or noise blankets shall be
used to screen and reduce noise from pile driving activity
at the residences along the alley.
MM NA: Prior to the issuance of the demolition permit,
Field
Prior to
Public Works
the project applicant shall prepare a construction staging
inspections
demolition
Dept.
plan that reflects the locations of the construction and
permit.
staging areas on the subject property, which shall be
located as far away from the nearby residential
development as possible to reduce temporary noise
impacts.
MM N.5: All residential units and site occupants located
Field
Prior to start
Planning Dept.
within 300 feet of the construction site shall be sent a
inspections.
of excavation/
and
notice regarding the construction schedule of the
Contractor to
grading.
Contractor.
proposed project. A sign, legible at a distance of 50 feet
certify.
shall also be posted at the construction site. All notices
and signs shall indicate the dates and duration of
construction activities, as well as provide a telephone
number where residents can inquire about the
construction process and register complaints.
MM N.6: The construction contractor shall establish a
Field
Prior to start
Planning Dept.
.noise disturbance coordinator". The disturbance
inspections.
of excavation/
and
coordinator shall be responsible for responding to any
Contractor to
grading.
Contractor.
local complaints about construction noise. The
certify.
disturbance coordinator would determine the cause of the
noise complaint (e.g., starting too early, bad muffler, etc.)
and would be required to implement reasonable measures
such that the complaint is resolved. All notices that are
sent to residential units within 300 feet of the construction
site and all signs posted at the construction site shall list
the telephone number for the disturbance coordinator.
Public Services Fire
MM F.1: The project shall provide water and access to
Plan check.
Issuance of
Fire Dept.
meet fire department requirements; the building shall be
building
equipped with a sprinkler system that complies with Fire
permit
Department specifications 'If any).
Traffic -- Safety
MM T.1: Sight distance at the project access points shall
Plan check.
Issuance of
Public Works
be reviewed with respect to City of Newport Beach
building
Dept.
standards in conjunction with the preparation of final
permit
grading, landscaping, and street improvement plans.
MM T.2: On -site traffic signing and striping shall be
Plan check.
Issuance of
Public Works
implemented in conjunction with detailed construction
building
Dept.
plans for the project and as approved by the City of
permit
Newport Beach.
Utilities — Water and Wastewater
MM W.1: Prior to demolition, the applicant shall prepare a
Plan check.
Prior to start
Public Works
water system and sanitary sewer system demand study to
of
Dept.
identify potential impacts to the existing City or Sanitation
construction
District's ability to provide adequate water and sewer
service and sewage collection and treatment. The study
will identify the need to upgrade any of the existing
facilities currently serving the site.
Tmplt: 11/23/09
City Council Resolution No. _
Paae 16 of 26
Tmplt 11/23/09
Method of
Verification
Timing
Responsible
Pa
Verification
Date
MM W.2: Prior to the issuance of grading or building
Plan check.
Prior to the
Public Works
permits, the Applicant shall coordinate with utility and
issuance of
Dept.
service organizations regarding any construction activities
permits.
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.
MM W.3: The project shall incorporate water
Plan check.
Prior to the
Planning Dept.
conservation measures including low flow fixtures, water-
issuance of
efficient equipment, drought tolerant landscaping, rain
permits.
capture and storage and other features as feasible to
reduce water consumption.
Tmplt 11/23/09
EXHIBIT "B"
Land Use Element Changes
Tmplt 11/23/09
City Council Resolution No.
Paoe 17 of 26
City Council Resolution No.
Paoe 18 of 26
Table
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
UmiF (so
Development Limit Other
Additional Information
1
L4
MU -H2
460,095
471 Hotel Rooms (not included in
total square footage)
2
L4
MU -H2
1,060,146
3
L4
CO-G
734,641
4
L4
MU -H2
250,176
5
L4
MU -H2
32,500
6
L4
MU -H2
34,500
7
L4
MU -H2
81,372
8
L4
MU -112
442,775
9
L4
CG
120,000
164 Hotel Rooms (included in total
square footage)
10
L4
MU -H2
31,362
349 Hotel Rooms (not included in
total square footage)
11
L4
CG
11,950
12
L4
MU -H2
457,880
13
L4
CO-G
288,264
14
L4
CO- GIMU -H2
860,884
15
L4
MU -H2
228,214
16
L4
CO-G
344,231
17
L4
MU -H2
33,292
304 Hotel Rooms (not included in
total square footage)
18
L4
CG
225,280
19
L4
CG
228,530
21
J6
COG
687,000
Office: 660,000 sf
Retail: 27,000 sf
CV
300 Hotel Rooms
22
J6
COG
70,000
Restaurant: 8000 sf, or
Office: 70,000 sf
23
K2
PR
15,000
24
L3
IG
89,624
25
L3
PI
84,585
26
L3
IG
33,940
27
L3
IG
86,000
28
L3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
Tmpit 11/23/09
City Council Resolution No.
Paae 19 of 26
Table
Anomaly
statistical
land Use
Development
Number
Area
Designation
Umif
Development Umit (Other)
Additional Information
Administrative Office and
Support Facilitates: 30,000 sf
33
M3
PI
163,680
Community Mausoleum and
Garden Crypts: 121,680 sf
Family Mausoleums:
12,000 sf
34
Lt
CO-R
484,348
35
L1
CO-R
199,095
36
L1
CO-R
227,797
37
L1
CO-R
131,201
2,050 Theater Seats (not included in
total square footage)
38
L1
CO-M
443,627
39
L1
MU -H3
408,084
40
Lt
MU -H3
1,426,634
425 Hotel Rooms (included in total
Square Footage)
41
L1
CO-R
327,671
42
L1
CO-R
286,166
43
L1
Cv
611 Hotel Rooms
44
L1
CR
1,619,525
1,700 Theater Seats (not included in
total square footage)
45
L1
CO-G
162,364
Residential permitted -1
46
L1
MU-H3/PR
3,725
24 Tennis Courts
accordance with MU -H3.
47
Lt
CG
105,000
48
L1
MU -H3
337,261
49
L1
PI
45,208
50
L1
CG
25,000
51
K1
PR
20,000
52
K1
Cv
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
Jt
CM
2,000
55
H3
PI
119,440
In no event shall the total
56
A3
PI
1,343,238
990,349 sf Upper Campus
combined gross floor area of
both campuses exceed the
577,889 sf Lower Campus
development limit of
1,343,238 sq. ft.
57
Intentionally Blank
58
J5
PR
20,000
157 Hotel Rooms and 144 Dwelling
59
H4
MU -W1
487,402
Units (included in total square
footage)
Tmplt: 11723/09
City Council Resolution No. _
Paae 20 of 26
Table
Anomaly
statistical
land Use
Development
Number
Area
Designation
limit
Development it Other
Additional Information
60
N
CV
2,660,000
2,150 Hotel Rooms (included in total
square footage)
61
N
CV
125,000
62
L2
CG
2,300
63
G1
CN
66,000
64
M3
CN
74,000
65
M5
CN
80,000
66
J2
CN
138,500
67
D2
PI
20,000
68
L3
PI
71,150
69
K2
CN
75,000
Parking Structure for Bay
70
D2
RM -D
Island (No Residential Units)
71
L1
CO-G
11,630
72
L1
CO-G
8,000
73
A3
CO-M
350,000
74
L1
PR
35,000
City Hall, and the
administrative offices of the
City of Newport Beach, and
75
L1
pF
related parking, pursuant to
Section 425 of the City
Charter.
1.0 FAR permitted,
provided all four legal lots
76
H1
CO -G
0.5 FAR
are consolidated into one
parcel to provide unified
site design
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City Council Resolution No. _
Paqe 22 of 26
EXHIBIT "C'
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
The development shall be in substantial conformance with the approved site plan, floor
plans, roof plans, and building elevations stamped and dated with the date of this
approval. (Except as modified by applicable conditions of approval.)
2. Use Permit No. UP2009 -005 and Mod cation Permit No. MD2009 -016 shall expire
unless exercised within 24 months from the date of approval as specified in Section
20.93.050 of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
3. An off - street parking credit shall be granted equal to the number of on- street parking
spaces provided along the Old Newport Boulevard frontage. The on street parking
spaces shall be subject to the review and approval of the Public Works Department.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
This Use Permit and Modification Permit may be modified or revoked by the City
Council or Planning Commission should they determine that the proposed uses or
conditions under which it 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.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved - plans, shall require an amendment to this Use Permit or Modification
Permit or the processing of new permits.
9. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy
and growing condition and shall receive regular pruning, fertilizing, mowing and
trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation
Tmplt 11x13/09
City Council Resolution No. _
Paae 23 of 26
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
10. Landscaping shall comply with all applicable landscaping standards contained within
Section 20.46.040 of the Zoning Code. No deviations are permitted.
11. The five -foot rear yard (alley) setback shall be landscaped with a combination of
groundcover, shrubs, and vertical plantings to enhance the aesthetics of the alley
elevation and to minimize the visual bulk and mass of the structure. The final
landscape plan shall be subject to the review and approval by the Public Works
Department to ensure the landscaping will not negatively impact vehicular circulation
through the alley right -of -way.
12. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
13. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
14. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
15. 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 between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
16. All trash shall be stored within the building or within dumpsters stored in a trash
enclosure that is recessed into the building. Also, to minimize noise and odor impacts to
the adjacent resident, the enclosure shall be located at the southeast comer of the site
and screened from view of neighboring properties, except when placed for pick -up by
refuse collection agencies.
Tmplt 11/23/09
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial ro rt
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
NIA
60dBA
13. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
14. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
15. 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 between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
16. All trash shall be stored within the building or within dumpsters stored in a trash
enclosure that is recessed into the building. Also, to minimize noise and odor impacts to
the adjacent resident, the enclosure shall be located at the southeast comer of the site
and screened from view of neighboring properties, except when placed for pick -up by
refuse collection agencies.
Tmplt 11/23/09
City Council Resolution No. _
Paqe 24 of 26
17. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
18. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
19. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self - contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
7:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Modification Permit and Use Permit.
21. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
22. The final project design shall include an internal lighting system that would auto -dim after
standard work hours, leaving small task lighting for janitorial and service activities and to
light areas where employees may be working late.
23. The portion of the elevator and stairwell enclosure that exceeds the 32 -foot base height
limit shall be redesigned in a manner that minimizes the bulk of the architectural
appurtenance. The final design shall be subject to the approval of the Planning Director.
24. 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 Old
Newport Boulevard General Plan Amendment Project including, but not limited to, the
approval of General Plan Amendment No. GP2008 -009, Modification Permit No. 2009-
016, Traffic Study No. TS2009 -002& requested Off -Street Parking Credit; and/or the
City's related California Environmental Qualify Act determinations, the certification of
the Mitigated Negative Declaration and /or the adoption of a Mitigation Monitoring
Program for the 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 shag indemnify the City for all of City's costs,
Tmplt: 11/23/09
City Council Resolution No.
Paqe 25 of 26
attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicant shall pay to the City upon demand
any amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
Fire Department Conditions
25. Elevators shall be gurney - accommodating in accordance with Article 30 of the
California Building Code (2007 edition).
26. Fire sprinklers shall be installed in accordance with NFPA 13, 2002 Edition.
27. A Fire Department connection for the fire sprinkler system shall be provided within 150
feet and shall be located on the same side of the street as a public hydrant.
28. Class l standpipe connections are required in alt parking levels in addition to the fire
sprinklers.
29. Drain for the fire sprinkler system located adjacent to system riser is required to empty
into sewer system. This connection shall be shown on plumbing plans.
30. Fire sprinkler monitoring system is required. If an "1" occupancy is proposed, a manual
and an automatic fire alarm system is required.
Building Department Conditions
31. 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. The construction plans must meet all applicable
State Disabilities Access requirements.
32. An application for Altemate Methods and Materials shall be filed with, and approved by,
the Building Department to allow the categorization of parking for employees and
patients for the purpose of calculating disabled parking requirements. In addition, a
covenant shall be recorded on the property reserving the eight parking spaces on the
lower parking level and all the spaces on the upper parking level for employee parking
only. The covenant shall be prepared by the applicant's legal counsel for approval by
the City Attorney if deemed consistent with the intent of this condition. The applicant
shall provide proof of recordation of the covenant, subject to the Planning Directors
approvaL
33. 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.
Tmplt: 11/23109
City Council Resolution No. _
Paqe 26 of 26
34. A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non - structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Public Works Conditions
35. 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.
36. The project shall include appropriate signage and striping to emphasize the vehicular
circulation. Proposed signage shall be per the California MUTCD and the proposed
striping shall be per the most recent Caltrans Standard Plans.
37. No above or below ground structural encroachments are permitted within the public
right -of -way, including tie backs, caissons, etc.
38. The alley shall not be closed during the course of construction unless otherwise
approved by the Public Works Department via a Temporary Street and Sidewalk
Closure Permit.
39. Consistent with Mitigation Measure T.1, the southerly driveway shall be reviewed by
the Traffic Engineer and any on- street parking spaces that are determined to result in
a sight distance hazard shall be prohibited or removed.
Mitigation Measures
40. 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 (Exhibit A) for the project.
Tmpit: 11/23/09
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2010 -21 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of
March, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Gardner, Daigle, Mayor Curry
Noes: Webb
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of March, 2010.
JU07t/
ity C erk
Newport Beach, California
(Seal)
csclooawo"'�