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HomeMy WebLinkAbout2016-126 - Certifying Environmental Impact Report No. ER2016-002 and Approving a Mitigation Monitoring and Reporting Program for the Museum House Project Located at 850 San Clemente Drive (PA2015-152)RESOLUTION NO. 2016-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. ER2016-002 AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE MUSEUM HOUSE PROJECT LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) WHEREAS, an application was filed by Related California Urban Housing, LLC (Applicant) with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach, County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County; WHEREAS, the project includes demolition of the existing 23,632 -square -foot Orange County Museum of Art (OCMA) building to accommodate the development of a 25 -story, 100 -unit residential condominium building with two levels of subterranean parking. The Applicant requests the following approvals from the City of Newport Beach (City): • General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi -Unit Residential. The PC amendment also includes new residential development standards including a 295 -foot height limit measured from finished grade. • Tentative Vesting Tract Map — To allow the 100 individual dwelling units to be sold separately as condominiums. • Site Development Review — To ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080 (Site Development Reviews). • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. • Development Agreement — To voluntarily enter into a Development Agreement to provide surety and consistency in the future development of the Applicant's project. • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to the California Environmental Quality Act (CEQA). Resolution No. 2016-126 Page 2 of 5 • Revoke Use Permit - To revoke Use Permit No. UP2005-017 (PA2005-086), which allows beer and wine sales at the museum. • Revoke Modification Permit - To revoke Modification Permit No. MD2004-059 (PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC; WHEREAS, the subject property is located within the PC -19 (San Joaquin Plaza) Zoning District and the General Plan Land Use Element category is PI (Private Institutional); WHEREAS, the subject property is not located within the coastal zone; WHEREAS, a study session was held on April 7, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission. No action was taken at the study session; WHEREAS, a study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to update the status of the project to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session; WHEREAS, a public hearing was held on October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, the Planning Commission adopted Resolution No. 2033 by a unanimous vote of 7-0 recommending approval of the proposed project to the City Council; WHEREAS, pursuant to California Public Resources Code Section 21080.3.1 (AB52), the City is required to consult with California Native American tribes that have requested in writing to be informed of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe. Two tribes have requested notification in writing. The tribal contacts were provided notice on February 12, 2016. California Public Resources Code Section 21080.3.1 requires 30 days prior to City Council action to allow tribe contacts to respond to the request to consult. A response letter was received from the Gabrieleno Band of Mission Indians-Kizh Nation on February 24, 2016 requesting that a monitor from their tribe oversee ground disturbing construction work. During consultation with staff, City Council Policy K-5 was discussed which requires a qualified archaeologist be present during ground breaking, as well as General Plan Historical Resources Policy HR 2.3 (Cultural Organizations) which says to notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources and to Resolution No. 2016-126 Page 3 of 5 allow representatives of such groups to monitor grading and/or excavation of development sites. As a result, Mr. Salas, the representative for the Gabrieleno Band of Mission Indians-Kizh Nation, agreed that the implementation of those two policies would be sufficient and the consultation was closed; WHEREAS, pursuant to CEQA, Public Resources Code Sections 21000, et seq., the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seg.), and City Council Policy K-3, it was determined that the project could have a significant adverse effect on the environment, and thus warranted the preparation of an EIR; WHEREAS, on February 5, 2016, the City, as lead agency under CEQA, prepared a Notice of Preparation (NOP) of the EIR and mailed that NOP to responsible and trustee public agencies, organizations and persons likely to be interested in the potential impacts of the proposed project, including any persons who had previously requested notice in writing; WHEREAS, on February 22, 2016, the City held a public scoping meeting to present the project and to solicit input from interested individuals, organizations, and responsible and trustee public agencies regarding environmental issues that should be addressed in the EIR; WHEREAS, a Draft EIR (SCH No. 2016021023) (DEIR) was prepared in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3; WHEREAS, the Draft EIR was circulated for a 45 -day comment period beginning on August 17, 2016 and ending on September 30, 2016. The Draft EIR, comments, and responses to the comments were considered by the City Council in its review of the proposed project; WHEREAS, the Final EIR, consisting of the NOP, Initial Study, Draft EIR, Responses to Comments, Revisions to the Draft EIR, and Mitigation Monitoring and Reporting Program attached as Exhibits A and B, and incorporated herein by reference, were considered by the Planning Commission in its review of the proposed project; WHEREAS, the Final EIR identifies significant impacts to the environment which are unavoidable in the areas of noise and vibration and more specifically short-term construction related noise impacts; WHEREAS, on the basis of the entire environmental review record, the project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on the environment that would be caused by the project with the exception of short-term construction related noise impacts. 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 (Exhibit B), which are attached hereto and incorporated herein by reference, are feasible and will reduce the potential environmental impacts, with the exception of short-term construction related noise, to a less than significant level; Resolution No. 2016-126 Page 4 of 5 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach hereby certifies EIR No. ER2016-002 (SCH No. 2016021023), which is attached here to as Exhibit "A" and incorporated herein by reference. EIR No. ER2016-002 consists of the NOP, Initial Study, Draft EIR, appendices, Responses to Comments, and revisions to the Draft EIR. Section 2: The City Council of the City of Newport Beach hereby approves the Mitigation Monitoring Report Program attached hereto as Exhibit "B" and incorporated herein by reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 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. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. Resolution No. 2016-126 Page 5 of 5 ADOPTED this 29th day of November, 2016. ane B. Dixon Mayor ATTEST: L Knf 'nI. Brown City Clerk APPROVED AS TO FORM: CITY ATTO - NEY'S OFFICE Aaron C. Harp City Attorney Exhibit A: Environmental Impact Report No. 2016-002 Exhibit B: Mitigation Monitoring Report Program Exhibit "A" Environmental Impact Report EIR SCH No. 2016021023 • Notice of Preparation • Initial Study • Environmental Analysis • Alternatives Analysis • Appendices • Responses to Comments • Revisions to Draft EIR Exhibit "B" Mitigation Monitoring Report Program October 2016 ( Mitigation Monitoring and Reporting Program State Clearinghouse No. 2016021023 MUSEUM HOUSE PROJECT for City of Newport Beach Prepared for: City of Newport Beach Contact: Gregg Ramirez, Senior Planner 100 Civic Center Drive Newport Beach, California 92660 949.644.3219 gramirez@newportbeachca.gov Prepared by: PlaceWorks Contact: JoAnn Hadfield, Principal, Environmental Services 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com © PLACEWORKS MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Table of Contents Section Page 1. MITIGATION MONITORING AND REPORTING PROGRAM.........................................................1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT LOCATION....................................................................................................................................... 2 1.3 PROJECT SUMMARY.........................................................................................................................................3 List of Tables Table I Mitigation Monitoring Requirements................................................................................................5 Odeber 2016 Page i MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Table of Contents Thu page intentmaQy left blank Page ii 1. Mitigation Monitoring and Reporting Program 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Museum House Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2016021023. The Mitigation Monitoring and Reporting Program (UNW) has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Newport Beach Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Newport Beach is the lead agency for the Museum House project and is therefore responsible for implementing the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation program. The MMRP defines the following for the mitigation measure outlined in Table 1, Mitigation Monitoring Requirements. October 2016 page 1 MUSEUM HOUSE MITIGATION MONITORING ANO REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program ■ Definition of Mitigation. The mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. ■ Responsible Party or Designated Representative. Unless otherwise indicated, the project applicant is the responsible party for implementing the mitigation, and the City of Newport Beach or a designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. ■ Time Frame. In each case, a time frame is provided for performance of the mitigation measure or review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact -related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from local, state, and federal agencies with permitting authority over the specific activity. The numbering system in Table I corresponds with the numbering system used in the DEIR. The last column of the MAW table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the City of Newport Beach Community Development Department Planning Division. 1.2 PROJECT LOCATION The City of Newport Beach is in the western part of Orange County in Southern California. The City is bordered by Huntington Beach to the northwest, Costa Mesa to the north, Irvine to the northeast, and unincorporated areas (Crystal Cove State Park) of Orange County to the southeast. Regional access to the City is provided by various freeways, including Interstate 405 which runs north to south across the southern California region and intersects State Route 73 (San Joaquin Hills Transportation Corridor) and State Route 55. State Route 55 also runs north to south and terminates in the City of Costa Mesa. State Route 73 runs along the northwestern boundary of the City limits and connects with Interstate 5 further south in Laguna Niguel. Highway 1, also known as East/West Coast Highway, runs near the southeastern boundary of Newport Beach. The project site is located in Newport Center, which includes residential, hospitality, and high- and low-rise office buildings surrounding the Fashion Island regional mall. The site itself is approximately two acres (86,942 square feet) and is located at 850 San Clemente Drive in Newport Center (Assessor's Parcel Number 442-261-05). The project site is generally bounded by Santa Cruz Drive to the east, Santa Barbara Drive to the west, San Joaquin Hills Road to the north, and San Clemente Drive to the south. Page e' PlaaVorks MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program 1.3 PROJECT SUMMARY A 25 -story condominium tower is proposed for the approximately two -acre site and would consist of 100 for -sale residential units and a two-level subterranean garage. The tower footprint would measure approximately 75 feet by 220 feet, with floors becoming progressively smaller at higher levels. The building would be located in the northeastern portion of the site and angled so that the lobby entrance faces San Clemente Drive. From finished grade of the main building entry point at approximately 187 feet above mean sea level (amsl) to the roof of the highest portion of the tower, which includes the mechanical equipment and elevator overrun, the tower is expected to be 482 feet amsl. Therefore, the tower itself, from finished grade of the main building entry point to the top of the tower would be 295 feet. Each residential floor would be approximately 11 feet in height The 100 residential units would consist of 54 two-bedroom units with 3 baths, and 46 three-bedroom units with 4 baths, ranging in size from approximately 1,800 to 6,000 square feet. The number of units per floor would range from three on the upper levels to five on the lower floors. All units would include private balconies. Architectural Features The Museum House tower would be designed as a Leadership in Energy and Environmental Design (LEED) Silver -certified building. The tower would be built with a textured stone base, masonry frames and pilasters, delicate metalwork details, and a predominantly stone and masonry exterior with large window openings. Larger -scale elements, such as multistory bay windows with French balconies and inset terraces, help define the massing in a residential manner, and multistory window groupings and large terraces at the uppermost floors create a finished cap to the building. All mechanical equipment and elevator overruns would be enclosed at the top floor. Common Area Amenities The proposed common area amenities would be located on Levels 1 and 2, and include both indoor and outdoor spaces. Common areas on the ground floor (level 1) could include a main lobby, bar and lounge, dining room and foyer, screening room, library, conservatory, and outdoor open space. The outdoor amenities may include a garden, lawn area, and a fountain plaza in the northern and northwestern portions of the project site, and dog run lawn along the southeastern site boundary. Level 2 is envisioned to have additional indoor common areas, which may include, but are not limited to, a lounge, fitness center and spa, billiards room, kid's playroom, party/event room, business center, and resident services. Outdoor spaces could include two amenity decks on each side of the building with a pool and garden terrace, an infinity edge pool, outdoor kitchen and barbecue area, and indoor space, An outdoor roof terrace is planned on the 25th floor. October 2016 Page 3 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Site Circulation and Parking Parking The proposed project would include 200 resident and 50 guest parking spaces, the majority of which would be in a two-level subterranean garage. Residential parking would be provided entirely in the underground garage. Guest parking would be available at the surface level (12 spaces) and underground garage (38 spaces). Valet parking for guests and residents would be used on a full-time basis. Vehicular Circulation Primary vehicular access to the site would be at the T -intersection of San Clemente Drive and Santa Maria Road, with secondary service access from a new San Clemente Drive curb cut near the project's southeastern boundary. Two main entry lanes would gain access to the property through a guard station and gate, which would be set back about 60 feet from the property line. One exit lane, separated by a landscaped median, would be adjacent to the entry lanes. The proposed entry lanes would lead into a motor court that could be used for drop-off/pick-up, short-term parking, and pedestrian access to the building lobby. The motor court would also provide access to the project's underground parking areas via ramps along the western edge of the site. The eastern side of the site, east of the proposed residential tower, would be improved with a fire lane and loading zone for delivery vehicles ending as a partially underground dead-end. Pedestrian Circulation Primary pedestrian access to the site would be from San Clemente Drive to the motor court and the lobby entrance on the western building fagade. A five -foot -wide walkway along the service lane east of the building would provide secondary pedestrian access. Page 4 PlaceWorks MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Repotting Program 2-1 Wring mhsWnlbn, the construction contmcbr(s)shall require Pr*ct Applicant During budding plan City of Newpod Beach the use of interior paint with 0 grams par liter (g/L)ofvolatile Construction Coniraclor d" and consWdion Community Development organic compounds (VOC) (l.e. zere VOC paint). Paints that Conatucton Conhacmr Department — Buld'mg emit less than the low-VOC limits of South CaastAif Quality Division Management District (SCAOMD) Rule 1113 are known as 'super- mplianl paints.' A list of supers pied VOC coating i mdachvers is avalable at SCAOMD's website (ft*agmd.govlprdadbmchuresrpaiMguide.htmQ. Use of super-compludinterior paints shall be noted on building plans. 2.2 The Combustion contractor(s) shall limitthe daily amount of Project Applicant During grading and City of Newport Beach deeds haul trips during the project's building demolition and Construction Contractor consbuclon Community Development asphalt demolition phases to a maximum of 17 buckloads per Department—Building day (34 truck trips per day) or a total overall dally had truck Division mites traveled of 880 miles. These requirements shall be noted on a8 construction management plans and truck trips and mileage shall be dacumented. 5.3 CULTURAL RESOURCES 3-1 Prieto the issuance of grading permits, the project applicant Pr jeclApplicant Prior to issuatxeof 6ifNewpod Beads shall demonstrate to the Community Development Department Certified Archaeologist grading permlh Community Developmenl that an Orange County -certified professional archaeologist has Conatucton Conhacmr Department—Planning been retained to monitor any potential Impacts to archaeological Division resources throughoutthe duration of any ground -disturbing activities at the project site. The qualified archeologist shall be present at the prograde meeting to 6scuss the monitoring, collection, and safety procedures of cultural resources, If any are found. If subsurface cultural resources are discovered during ground. disturbing activities, the consthlttml contractor shall ensure that all work stops whim 25 feet of the find unfit the qualified archeologist on assess the significance of the find and, it necessary, develop appropriate fmsiment or disposition of iia msoumes in consultation with the City of Newport Beach and a mpres mlatite of the affected Native American Inbe (Gabdeterw or Juanerw). The ardreological monitor shalt have the authority to halt any Ismiject-related actvilies that my adversely Impact Otlabtr1016 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Maigation Monitorina Requirements hilugaticm Measure Responsibility for ImknrenbBon Thing Responsibilityfor Monitoring VMhor (Signatun Requhedj ate of Com Mance pokMixlly significant archaeological resources. Suspension of ground disturbances in the vicinity of the c1scovenes shag not be lifted until an archeological morntorhas evaluated the dscoveedes to assess whether They are classified as significant cultural resources, pursuant to the Califomm Environmental Quality Act and, Ndetembned to be significant, to develop an appropriate treatment or disposition plan. As required by General Plan Policy HR 2.4, any sclenacally valuable materials will be donated to a responsible public or private institution with a suitable repository, located wilhm Newport Beech Or Orange County, whenever possible. 3-2 Prior to the issuance of grading parmils, the project applicant ProjectAppfMam, Prior toisseunce of city of Newport Beach shall demonstrate to the Community Development Department Certified Pakonlologist Heading Penh Community Development INSIST Orange County<ertified professional paleontologist has Department — Plannng been retained to monitor any potential Impacts to Division paleontological resources throughout the duration of any grounddishu6ing activities at gra project age. The paleontologist shall develop and implement a Pakonldogical Mitigation Plan, which shall Include the following minimum dements: • All earthmoving activities eight fast or more below the Consul surface shall be monitored fulidme by a qualified pdeontobgical monitor. • If fossils are discovered, the pakontologial mentor has the authMly to tampnradty divert we* WIND 25 feet of the find to allow recovery or the kssils and evaluation of the kssa locality. • Fossil localities shall require documentation,including stmfigrephic columns and samoes for micropaleWobg oat analyses and for dating. • Fosd6 shag be prepared to the point ofidentlgcaton and evaluated for significance. • Significant fossils shag be cataloged and Identified prior to being donated W an appropriate repository. • The rural report shalt interpret any palsomological PyucalYbrkr MUSEUM HOUSE MITIGATION MONITORING ANO REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 MRigation Monitoring Requirements Mg Mem m Rmpomibftfar Ica WMnhtan Timing Responsibility, for Msnilodn MonUm (Signama Required) ateat Cam anw resources discovered in Ure regional context and provide grading pemnts Community Development the catalog and all speclaft s'reports as appendices, DepaMient—Building An executed curation agreement shall be part of the plan, and Divsiw the project proponent shall bear all expenses of the miggation program, including curefien of melergls meeting sigMficance orgerie. 3-3 During Construction actvaies, the project applicant shall allow POeCtApplicant During grading and City of Newport Beach representatives of albual organizations, including Native comWclton Community Development American tribes (I.&, Gabrielma Band of Mission Indians), to Department—Plarmg access the project site on a volunteer basis to Inronitaf grading Division and excavation acUvides. 5A GEOLGGYAND SOILS 41 Given tret the project mid require excavation extending to the Project Applicant Prim to issuance of City of Newport Bemis propeMIne, shoring is required to support subterranean grading pemnts Community Development excevation. Prior to issuance of grading permits, the City of DepaMient—Building Newport Beach Building Division shall confirm that the grading Divsiw plans include the shoring requirements deeiad In the ptojem's geotechnical study. Cantilever, Ued-back or internally braced shoring systems can be used for the wbtemareen excavation. Cantilever shoring systems are typically limited to a maximum retained height of 15 feet Tied�back sharing walls will require a temporary or permanent easement from the ediacenl property owners and the City of Newport Beach. The shoring system shall be designed to resist a uniform pressure equal to 25 pounds per square foot (psf). An allowable passive earth pressure of 200 psf per fool of depth balm the bottom of Bre excavation shag be used for design of the sharing "ten The residential tower would be located approximaMly26 feet from he property line. Therefore, it may be possible to excavate to the subgrade elevation Wthoutthe use of shoring. Temporary dope In the marine terrace deposit may be excavated at slop" where the proportion of the height of fine flee is less had or equal M the length of the elope (lH:1k). Alternatively, sloped excavations my be used to reduce the heigthtofNe shored MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table T Miti atlon Monitoring Requirements MoMlor Responsibility for fw (Elgnahre Required) ion rs"n Tknm M ate al Cam (lanceexcavation. In Bre ase, the earth pressures above may be inaeased and will be handed an a ase by ase basis when Bre hegIA of the sloped excavation Is known. LRuponsiblifty All shoring and exavation shall Comply with cement Occupational Safety Red Health Adminisbabon regulations and observed by the designated competent person on site. F2 Tho bedding zone stlefined Bs the area Containing the material Project Apiecent Plies to Issuance ofNevport Bead) specked that is supporting, surrounding, and extending to one grading permits Community Development foot above the top of any proposed utility pipes. During grading Department —Building and construction plan reviews, the City of Newport Beach - Dhision 801 ding Divisions shag confirm, That the projects proposed bedding satisfies the requirements of fire Standard Specifications for Public Works CommucOon (SSPWC) Section 386-1.2.1. There shall be a flinch minimum of bedding below Ns pipe and 1 "minimum deaance below a projecting bell. Them shall be a rmnimum side dea once of inches on each side of the pipe. Bedding material shall be sand, gravel, crushed aggregate, or native free -draining material having a sand equivalent of not less man 30, or other materia approved by the engineer. Materials used for the bedding zmre shall be placed and compacted with right mechanical means W reduce the potential of damagkg the pipe; jetting shag not be allowed. 43 Backfill shag be considered as starling 12 inches above the Project Applicant Priorto lssuaw of CRY OfNrwvpDd Beach pipe. On-site excavated materials arca suitable as backfill. Construction Contractor ging pemdts and Canmdnity Development During ConsWdion activities, any boulders or cobbles larger during Conductlan Depamment—Building than three Indices In any dimension shag be removed before DNslon backfilling. All backfill shag be placed in loose lifts not exceeding 6 to 8 indices in thickness and be Compacted to at least fig percent migve compaction. The upper 12 indices below pavement shag be Compacted at least to 95 percent relative compaction. Mechanical compaction will be required to accomplish compaction above the bedding along the enure pipeline alignments. In backfill auras, where mechanical compaction of soil baddgl Is Mpmacal due to space constrains, sand�ent slurry may be substituted for Compacted bacMgl. The sur shell ConMM MUSEUM HOUSE MITIGATION MONITORING ANO REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements MN don Mmun Responsibility for Impleniefflinflon Timing Rasponsbft for Monitad Monhor (Slgnaturs Raqumd) ateor Com liance we sack ofcene per cubic yard and have a maldmum sharp of 5Inches. When sal, such a mix typically has the consistency of hard compacted sail and allows for fuhae excavation. A lean non -shirk concrete plug with a minmWm width length of 3 fact shall be placed In the utigytrenches at the location where off-site utilities enter the protect boundaries to minimize the potential for off -sits water Now wage. 4A All foundation mrravatlons shag be observed andhof tested by PraeciApplicang During grading and City of Newport Reach the project applicant's geolechnical consultant before placement C,eDleditol consauction Community Development of concrete to vergy that the foundations mud be supported in Consultant Department—Building competent soils. NsoR or loose soils am encountered at the Division subgrade level, the soils shall be removed a brought to a near optimum moisture content (t2 percent), recompacted, and tested to a minimum of 95 percent relative compaction prior to placement of fig or WUng of four slab consWctia. Only granular soils shall be used for wmpaded fill. Mat foundations may also derive lateral load resistance from passive resistance along the vertical sides of Aro foundations Therefore, an Ultimata passive Auld pressure of 350 pounds per cubic fool M shall be used. It Is recommended that an WAmate siding friction coeMdent ofo.45 (a be used for design. Passive and sliding resistance may be used in Combination without reducdan. The required factor of safety is 1.5 for static loads and 1.1 for wird or seismic bads. 9-1 At least 30 days prior to ofdMmkfion a any ober construction activities, notification shag be given to all residents or businesses within 50U feet of the project site regarding the panned construction activities. The notification shall Include a brief description of the project, the activities that would occur, Ore duration and hours when construction woud occur. The nolification shall also include the telephone number of the omshcdon contractor's authorized represemathre to respond In the event ofa vibration or rope complaint Onaber2i)16 PraJeclApplbant At least 30 days prior b City of Newport Beach Construction Conbacia demolition or Community Development construction Department—Butiding Division Prior No comNUCIOn MUSEUM HOOSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements P70nIp'ar*1 Monitor RaIMnsPoiliyfor R"PonsuRyfof (lalgnatwa Raqutreh) Milkagon No,= Ira MmenMtlmr Thning Monito(DetaclCamplianall posted at the entrmlce to the job she, dearly visible to the CaebUCtiol Conhecla Cmnmlmhy, Development public, that conlzins a contact Game and telephone number of Department —Sugding tie construction contraclWs autiadzed representative to Milstein mpond In the event ora vibration or noisa complaint. If the authorized representative receives a complaint, helshe shall investigate, take appropriate corrective action, and report the action to the City of Newport Brach's Community Development Director. 93 Route all wnstructlon laded trips (including worker ProjeclAppicant; During grading and City of Newport Beach commuting, material deliveries, and deoislsoll hauling) so sato Construction Contractor construction Community Development miniMze pass-bys or residential areas around me project age. Department — Budding Division 94 A9 heavy construction equipment used on the proposed project ProbdApykcenG During grading and Cly, of Newport Beach shall be maintained in good operating condition, with ag intemlal Construction Contractor mnstmction Commmay Development Combustion, entimedriven equipment fitted with intake and Department: — Bulling exhaust muffles, air intake silencers, and engine shrouds Ge Division less effective than as originally equipped by the manufa dum. 96 Electrically powered equipment instead of pneumatic or Internal Project Applicant During grading and City of Newport such mmbustfon powmed equipment shag be used to tie extent ComMuctioo t Contractor construction Community Development possible. DepaMrdd— Building DNiNon 96 All stationary Geisegeneratirg equipment shall be located a far ProjectApprant During grading and City of Newport Beach away as possible from neighboring property lines; with particular Construction Contractor consheCtlon Community Development aRention paid to the residential complex (Currently under Depadment—Building construction) to me north Mme project site. Division 97 Urmf all internal combustion engine idling both on the site and at ProjectApplicant During grading and Cly of Newport Beach nearby queuing areas to no mom than five (9) minutes for my Carabudron Contractor consbuction Community Development yuan vehtde ter machine. Signs shall be posted at mejob site Department — Building and along queueing lanes to mlMarce the pruhiNtion of Division unnecessary engine idling. 9-8 The me of wise producing signals, including home, whistles, ProjectApxtioant Dung grading and City of Newport Beach alarms, and bells will be for safety warning purposes only. Use Coreauclton Contraft construction Community Development smart back-up alarms, which automatically adjust the alarm DepMbnort— Building Tavel based on the background noise level, OrswiM off back-up Division alarms and replace vim human spotters. P70nIp'ar*1 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 MRigation Monitoring Requirements MffigagonMeom Responsibility for Implementation TIMOR RepemIWMY er Monitoring Monitor (Signe, Required) Ieef Com aNea 9.9 A temporary noise bemer/curtain shall be erected between Pre Project Applicant During Wilding plml City of Newport Beach cm*udw me and adjacent residential receptors to ga Consbuctlon Contractor check and grading and Community Development nod of the project site boundary. The temporary sound barrier construction DepaNnenl—Bugdag shall have a minimum height of lit feet and be free ofgaps and - Division Wes and must achieve a Sound Transmission Claes (STC) of 35 or greater. The harder can be (a) a YAnch-thick plywood wall OR (b) a hanging blankeYmmainxkh a surface density of at least 2 pounds per square foot. For either configuration, the construction side of the barrier shall have an exterior lining of sound absorption material with a Noise Reduction Coefficient (NRC) rating of at least O.T. 5,113 13-1 Prior to Issuance of bulking permits, the project applicant scrag Mae Applicant Pdoratssunceof City of Newport Beach prepare a mnsWcgon targe management An to be submitted Construction Contractor building permits Traffic Engineer and approved by the City of Newport Beach Traffic Engineer. At a minimum, the construction traffic management plan snail includetiiefogowing: • Provide detail on planned lam closures, including scheduling and duration; • Detail applicable lane closure restrictions during peak hours and holiday periods and noticing to sunow ling property Owners and aunts; • Pavlde measures to prevent Nocling ofsurroundng property access points (due to constnmtion vehicle queuing, etc*; • Document specific offshe parking locations for ConsWction workers; • Project phasing; • Parking arrangements far offsite panting location and onsite during construction; • Anticipated haul routes; and • All materials transported on and OINKS shall be securely covered to prevent excessive amounts of dust or din. Onaber2016 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monftodng and Reporting Program TA&PIr Buo,&Vd# *bho k STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Jennifer Nelson, Assistant 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. 2016-126 was duly and regularly introduced before and adopted by the City Council of said City at a special meeting of said Council, duly and regularly held on the 29�h day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of November, 2016. Assist t City Cy rk Neve rt Beac , California (Seal) To access attachment EIR (SCH No . 2016021023 ) reference separate document titled 2016-126/2016-127 - EIR Attachment