HomeMy WebLinkAbout2008-11 - Liberty Baptist Church School Facility - PA2006-079RESOLUTION NO. 2008- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2006 -004 TO
INCREASE THE PRECISE DEVELOPMENT LIMIT OF ANOMALY SITE NO. 25
WITHIN STATISTICAL AREA L3 TO 85,545 SQUARE FEET AND AN
AMENDMENT TO USE PERMIT NO. 1726 TO PERMIT THE
REDEVELOPMENT AND EXPANSION OF THE PRIVATE SCHOOL FACILITY
WITHIN THE EXISTING CHURCH SITE (PA 2006 -079)
WHEREAS, an application was filed by Dwight Tomlinson, on behalf of Liberty Baptist
Church, property owner, with respect to property located at 1000 Bison Avenue, and legally
described as Parcel 2 on a Map filed in Book 41, Page 27, Parcel Maps, in the County of
Orange, proposing to amend the Land Use Element of the General Plan to increase the
precise development limit of Anomaly Site No. 25 from 58,471 square feet to 84,585 square
feet and amend the North Ford Planned Community Text (PC-5) to include the existing
church and school as permitted uses within the General Industry/Government, Education &
Institutional Facilities (Area 1) land use designation and to allocate 25,962 of additional
development. Additionally, an amendment to Use Permit No. 1726 is proposed to for the
redevelopment and expansion of the existing private school within the Liberty Baptist Church
site. The applicant proposes to demolish 4 modular classroom buildings (totaling 5,760
square feet) and. construct a new two -story, 31,722 square -foot educational building and
gymnasium; and
WHEREAS, on September 6, 2007, the Planning Commission conducted a public
hearing 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 Municipal Code. Evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting; and
WHEREAS, at the September 6, 2007 hearing, the Planning Commission received public
comments and with a majority vote of 5 ayes recommended approval of General Plan
Amendment No. 2005 -007, Planned Community Development Plan Amendment No. 2005 -005,
and an amendment to Use Permit No. 1726 to the City Council; and
WHEREAS, at its regular meeting of December 20, 2007, the Airport Land Use
Commission for Orange County considered the project and unanimously voted to find the
project consistent with the Commission's Airport Environs Land Use Plan for John Wayne
Airport; and
WHEREAS, a public hearing was held by the Newport Beach City Council on February
12, 2008 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
Municipal Code and State Law. Evidence, both written and oral, was presented to and
considered by the City Council at this meeting; and
Page 2 of 18
WHEREAS, the property is designated Private Institutions (PI) by the General Plan Land
Use Element. The City has adopted Planned Community District Regulations (PC -5 North Ford)
that establish development standards and use regulations to implement the General Plan. The
property is presently improved as the Liberty Baptist Church development and private school
with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, a 19,430
square -foot administration building (office /classroom), and 4 temporary modular classroom
buildings (totaling 5,760 square feet), fora total development of 58,623 square feet; and
WHEREAS, the Land Use Element of the General Plan sets forth objectives, policies
and limitations for development in the City and designates the general distribution and
location of land uses and residential and commercial densities. The project site is designated
for Private Institutions (PI) land uses, which is intended to provide for privately owned
facilities that serve the public, including places for religious assembly, private schools, health
care, cultural institutions, museums, yacht clubs, congregate homes, and comparable
facilities. The proposed redevelopment of the existing private school's educational facilities is
consistent with this designation; and
WHEREAS, the subject property has been assigned a precise development limitation
of 58,471 square feet (Anomaly No. 25), which was carried over from the 1988 Land Use
Element and was believed to be the existing floor area that existed at the time the 1988 Land
Use Element was adopted. Therefore, in order to implement the original master plan of
development and construct the new educational building, an amendment to the General Plan
is required to increase the precise development limitation of the site to 84,585 square feet;
and
WHEREAS, Land Use Element Policy LU 5.6.2 requires new and renovated buildings
to be designed to avoid the use of styles, colors, and materials that unusually impact the
design character and quality of their location such as abrupt changes in scale, building form,
architectural style. The project has been designed to be compatible in scale, mass,
character, and architecture with the existing buildings on the church campus. The proposed
height of the building is similar in height to the existing sanctuary and administration building,
as well as the adjacent Toyota Motor Land Company facility. Additionally, the proposed
building will be screened from view from Jamboree Road and Bison Avenue due to the grade
separation of the project site and existing mature landscaping that exists along the perimeter
of the site; and
WHEREAS, Land Use Element Policy LU 6.1.1 encourages the accommodation of
community supporting uses, such as schools and religious facilities. The proposed amendment
serves the resident's needs by increasing the development allocation for the private institutional
use and accommodating the expansion and redevelopment of the existing private school. The
existing school currently utilizes 29 year -old modular buildings that were intended for
temporary use. Replacement of these aging structures with the new educational building will
provide students with a higher quality school and better atmosphere for learning; and
WHEREAS, Land Use Element Policy LU 6.1.2 encourages the development of new
institutional facilities provided that they are compatible with adjoining land uses,
environmentally suitable, and can be supported by transportation and utility infrastructure.
The proposed amendment allows for the expansion of an existing institutional facility that has
Page 3 of 18
been a part of the community since 1974, and to date, has proven to be compatible with
adjoining land uses. The project is also separated from adjoining residential neighborhoods
by major streets and will not result in spill over traffic impacts normally associated with
churches and schools in close proximity to residential streets. Additionally, the Traffic
Engineer has determined that the proposed increase in student capacity would result in less
than significant traffic impacts on existing levels of service at intersections within the City; and
WHEREAS, the Noise Element of the General Plan contains policies to minimize land
use conflicts between various noise sources and minimizing motor vehicle traffic impacts on
sensitive noise receptors. Given the project's close proximity to Jamboree Road, the proposed
location of the new educational building is between the 65 and 70 CNEL roadway noise
contours. Schools are considered a noise - sensitive land use and are "Normally Incompatible"
within the 65 -70 CNEL roadway noise contours and new construction or development should
be generally discouraged. If new construction does proceed, a detailed analysis of noise
reduction requirements must be made and needed noise insulation features included in the
design; and
WHEREAS, the existing classrooms within the 4 modular buildings are currently
located within the 65 -70 CNEL noise contours, similar to the proposed building. However,
given the grade separation between the project site and the adjacent roadways, and the fact
that the site is buffered from the roadways by tall mature trees and landscaping, noise
impacts from Jamboree Road may be decreased. Additionally, the applicant intends to utilize
non- operable windows on the building elevation facing Jamboree Road and the use of
increased insulation and sound attenuating doors and windows throughout the building. To
ensure that noise impacts do not prove detrimental to future students and employees of the
project, a condition of approval has been recommended requiring the preparation of a
detailed noise study to demonstrate that the permitted interior and exterior noise levels can
be met and to require any recommended mitigation measures needed to achieve those
standards to be implemented in the final design drawings submitted for building permits; and
WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to
be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit
thresholds have been exceeded and a vote by the public is required. This project has been
reviewed in accordance with Council Policy A -18 and a voter approval is not required as the
project represents an increase of 39.17 — A.M. and 39.17 — P.M. peak hour trips, 26,114
gross square feet of non- residential floor area and zero residential units. Therefore, none of
the three thresholds to require a vote pursuant to Charter Section 423 are exceeded. No
other prior amendments have been approved within Statistical Area L3, and therefore, no vote
would be required based on cumulative amendments. This amendment will be tracked for ten
years in accordance with Section 423, and
WHEREAS, a Use Permit for the redevelopment and expansion of the private school
with the existing Liberty Baptist Church site has been prepared and approved in accordance
with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings
and facts in support of such findings:
1. Finding: That the proposed location of the use is in accord with the objectives of this
code and the purposes of the district in which the site is located
Page 4 of 18
Facts in Support of Finding: The project site is located in the North Ford Planned
Community District and is designated for General Industry / Government, Education &
Institutional Facilities land uses. The church and private school use are private
institutional uses, consistent with the purpose of the district.
2. Finding: That the proposed location of the Use Permit and the proposed conditions
under which it would be operated or maintained will be consistent with the General
Plan and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental to
the properties or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
a. The existing church and proposed school expansion, pursuant to the conditions
of approval, are consistent with the Private Institutions land use designation
which is intended to provide for privately owned facilities that serve the public,
including places for religious assembly and private schools.
b. The project has been conditioned to regulate the design and operation of use to
minimize impacts to adjacent uses, as well as future students and employees of
the proposed building. Specifically, the project will not be detrimental to the
public for the following reasons:
• The existing school has operated in this location for several years, and to
date, has not proven to be detrimental to properties in the vicinity.
• The new education building will be screened from public view due to the
grade separation from Jamboree Road and Bison Avenue down to the site
and the large and mature perimeter landscaping.
• The increase in the number of students from 260 to 325 will increase the
weekday parking demand, which can easily be accommodated by the 444
parking spaces provided on -site.
• The increased school enrollment is projected to increase in a total of 71
average daily trips, which is considered to be less than significant and can
be accommodated within the capacity of the existing roadways.
• To insure the existing roadway noise from Jamboree Road is not detrimental
to the future students and employees, the project has been conditioned to
prepare a detailed noise study to demonstrate that the permitted interior and
exterior noise levels can be met and to require any recommended mitigation
measures needed to achieve those standards to be implemented.
Page 5 of 18
• The project has been conditioned to control and reduce excess lighting and
to avoid off -site light spillage.
• Based on the Construction Management Plan; the daily Church and school
activities will continue to maintain an adequate supply of on -site parking
during the temporary construction phase of the project.
The 444 on -site parking spaces is adequate to serve the parking demand for
the new educational building and weekday operations, as well as the
existing large Sunday service gatherings, given the significant reduction is
seating capacity within the remodeled auditorium and lengthen time between
church services.
3. Finding: That the proposed use will comply with the provisions of this code, including
any specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Finding: The project meets the development standards of the North
Ford Planned Community related to building setbacks, height, site coverage, and
landscaping. There are no conditions regarding this specific use. The proposed
conditions of approval for this project will ensure that all conflicts with surrounding land
uses are minimized to the greatest extent possible or eliminated.
WHEREAS, the project qualifies for a Class 14 categorical exemption pursuant to
Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA). The exemption consists of minor additions to existing
schools within existing school grounds where the addition does not increase original student
capacity by more than 25% or ten classrooms, whichever is less. The proposed project
results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed — 11 existing =
3 new classrooms). Additionally, the proposed project will increase student capacity to a
maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing
= 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption;
and
NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section No. 1. Based on the aforementioned findings, the City Council of the City
of Newport Beach does hereby amend Table LU2 (Anomaly Locations) of the Land Use
Element of the General Plan as depicted in Exhibit "A "; and
Section No. 2. Based on the aforementioned findings, the City Council of the City
of Newport Beach does approve the proposed amendment to Use Permit No. 1726 permitting
the redevelopment and expansion of the private school facility within the exiting church site,
subject o the conditions in Exhibit `B "; and
PASSED, APPROVED AND ADOPTED THIS 12th DAY OF FEBRUARY 2008.
Page 6 of 18
Henn, Rosansky, Daigle, Webb,
AYES, COUNCIL MEMBERS Curry, Gardner, Mayor 5elich
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS None n
MAYOR
ATTEST:
( m.X4
CITY CI FRK
Page 7 of 18
Exhibit "A"
The following changes will be made to the Table LU2 (Anomaly Locations) of Land Use Element
and all other provisions of the Land Use Element shall remain unchanged:
Page 8 of 18
..-
Anomaty
Number
Stafistical
Area
Land Use
Designation
Development
Limit (St)
Development Limit (ONW)
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
1.4
MU -H2
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
1.4
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 at
Cv
300 Hotel Rooms
22
J6
CO -G
70,000
Restaurant: 8000 sf, or
Office: 70,000 sf
23
K2
PR
15,000
24
1.3
IG
89,624
25
L3
PI
68'44-7
26
L3
IG
33,940
27
L3
IG
86,000
28
1.3
IG
110,600
29
L3
CG
47,500
30
M6
CG
54,000
31
L2
PR
75,000
32
L2
PI
34,000
Page 9 of 18
Table
AnWWIY
Alitrmber
StaKsfieml
Area
MndFtse `
-- .. aHcn
Devefopmeirf
limit (sry
.._. _.
f1eve t lNnft (Ofho
AdWho" mformaf on
33
M3
PI
163,680
Administrative Office and
Support Facilitates: 30,000 sf
Community Mausoleum and
Garden Crypts: 121,680 at
Family Mausoleums:
12,000 sf
34
L1
CO -R
484,348
35
L1
CO-R
199,095
36
L4
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
Li
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
46
L1
MU -H3/PR
3,725
24 Tennis Courts
Residential permitted in
accordance with MU -H3:
47
LI
CG
105,000
48
Lt
MU -H3
337,261
49
L1
PI
45,208
50
Li
CG
25,000
51
K1
PR
20,000
52
K1
CV
479 Hotel Rooms
53
K1
PR
567,500
See Settlement Agreement
54
it
CM
2,000
55
H3
PI
119,440
56
A3
PI
765,349
57
A3
PI
577,889
58
J5
PR
20,000
59
H4
MU -W1
487,402
157 Hotel Rooms and 144
Dwelling Units (included in total
square footage)
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
Page 10 of 18
Table LU2
A iiomoly
Number
Anomaly
bYa((siical
Area
Locations
Land (ke
Dadgaoftn
Un*(sn
De tunit Of ao
AdcMfonottnlonnaBoa
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
70
D2
RM -D
Parking Structure for Bay
Island (No Residential Units)
71
1-1
CO -G
11,630
72
L1
CO -G
8,000
73
A3
CO•M
350,000
74
L1
PR
35,000
Page 11 of 18
Exhibit "B"
CONDITIONS OF APPROVAL
AMENDMENT TO USE PERMIT NO.1726
(Project -specHic conditions are in italics.)
OPERATIONAL CONDITIONS
1. The sanctuary shall have a maximum of 781 seats.
2. That at least 45 minutes shall be provided between the first and second service on
Sunday mornings. (01107188 Condition)
3. The maximum school enrollment capacity shall be limited to 325 students.
4. A minimum of 444 parking spaces shall be provided on -site. The on -site parking spaces
shall not be used for activities other than parking and loading /unloading. .
5. Use of the gymnasium shall be limited to church and school sponsored events and
community events where no rent, payment, or donation is charged or received for the use
of the facility.
6. The gymnasium shall not be used for assembly purposes concurrently with services
performed in the sanctuary.
Planning Department
7. The development shall be insubstantial conformance with the approved site plan, floor plans
and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
8. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
9. 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.
10. The Use Permit approval shall expire unless exercised within 24 months from the effective
date of approval as specified in `Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in accordance
with applicable regulations.
11.This Use Permit maybe modified or revoked by the City Council or Planning Commission
should they determine that the use or one or more of the conditions set forth herein is not
Page 12 of 18
being complied with, or the manner in which the project is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or improvements
in the vicinity or if the property is operated or maintained so as to constitute a public
nuisance.
12.A Special Events Permit shall be required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on -site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
13. The maximum gross floor area allocated for the expansion of the existing school, including
the gymnasium, shall be 25,962 square feet.
14. The school shall be limited to a maximum of 14 classrooms, excluding the science lab.
The 4 classrooms currently utilized within the administration building shall be converted to
office /meeting space after the construction of the new educational building and shall not
be used for the private school.
15. The total maximum allowable floor area for the entire site shall be limited to 84,585 square
feet.
16. Any construction on the site shall be done in accordance with the height restriction of said
area (i.e. 50 feet) and shall apply to any signs, flags, etc., as well as structures. (01107188
Condition)
17. Prior to the issuance of a building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Department and the General Services Department. All planting
areas shall be provided with a permanent underground automatic sprinkler irrigation
system of a design suitable for the type and arrangement of the plant materials selected.
The irrigation system shall be adjustable based upon either a signal from a satellite or an
on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by
a continuous concrete curb or similar permanent barrier. Landscaping shall be located so
as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer.
18. All landscape materials and landscaped areas shall be maintained in accordance with the
approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
19.AII mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Newport Beach Municipal Code, Community Noise Control
Page 13 of 18
20. Exterior on -site lighting shall be shielded and confined within site boundaries. No 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. All exterior lighting fixtures shall have
zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in
height. Light standards for exterior walkways shall not exceed 10 feet in height. Other
exterior light sources shall be no higher than 4 feet.
21. Prior to the issuance of a building permits, the applicant shall prepare a photometric study
in conjunction with a final lighting plan for approval by the Planning Department. The
survey shall show that lighting values are "1" or less at all property lines. The Planning
Director may order the dimming of light sources or other remediation upon finding that the
site is excessively illuminated.
22. Prior to issuance of the certificate of occupancy or final of building permits the applicant
shall schedule an evening inspection by the Code and Water Quality Enforcement
Division to confirm control of light and glare specified in Condition Nos. 20 & 21.
23. The project must comply with the interior and exterior noise standards for institutional
uses of the Noise Ordinance. The interior noise standard is 45dBA between the hours of
7:OOAM and 10.00PM and 40dBA between the hours of 10:OOPM and 7 :OOAM. The
exterior noise level standard is '55dBA between the hours of 7 :00AM and 10 :OOPM and
50dBA between the hours of 10 :OOPM and 7 :00AM. An acoustic study shall be performed
by a qualified professional that demonstrates compliance with these standards of the
Noise Ordinance. This acoustic study shall be performed and submitted to the City
Planning Department prior to occupancy of the project. If the exterior noise levels exceed
applicable standards, additional mitigation shall be required which may include the
installation of additional sound attenuation devices as recommended by the acoustic
study and subject to the approval of the Planning Director.
24. That applicable State standards for interior classroom noise shall be met.
25. That the buildings shall be constructed with a non -glare roofing material. (01107188
Condition)
26. Prior to the issuance of building permits, the trash enclosure design shall be approved by the
Planning Department. The trash enclosure shall be enclosed by three walls, a self closing,
self latching gate and have a have a decorative, solid roof for aesthetic and screening
purposes. The design of the enclosure shall be integrated with the design of the other on -site
buildings and structures.
27. That all trash enclosures shall be screened from adjacent properties and streets.
(01107188 Condition)
28.The, applicant shall ensure that all 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, Water and Sewers of the Municipal Code.
Page 14 of 18
29.A11 noise generated by the proposed use, including any audible chimes or bells, shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. Vacuum/sweeping trucks shall be
prohibited in the on -site parking facility between the hours of 10PM and 6AM.
30. Prior to the issuance of a building permit or within 30 days of receiving a final notification
of costs, the applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department.
31. The construction and equipment staging area shall be located in the least visually
prominent area on the site and shall be properly maintained and /or screened to minimize
potential unsightly conditions.
32.A six -foot high screen and security fence shall be placed around the construction site
during construction.
33. Construction equipment and materials shall be properly stored on the site when not in
use.
34.The applicant shall comply with SCAQMD Rule 403 requirements as follows:
Land Clearing /Earth- Moving
a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be
watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers
according to manufacturers' specifications.
b. All other active sites shall be watered twice daily.
c. All grading activities shall cease during second stage smog alerts and periods of high
winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and
cannot be controlled by watering.
d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or
wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance
between the top of the load and the top of the trailer).
e. Portions of the construction site to remain inactive longer than a period of three
months shall be seeded and watered until grass cover is grown or otherwise stabilized
in a manner acceptable to the City.
f. All vehicles on the construction site shall travel at speeds less than 15 mph.
g. All diesel - powered vehicles and equipment shall be properly operated and maintained.
h. All diesel - powered vehicles and gasoline- powered equipment shall be turned off when
not in use for more than 5 minutes.
Page 15 of 18
j. The construction contractor shall utilize electric or natural gas - powered equipment
instead of gasoline or diesel - powered engines, where feasible.
Paved Roads
k. All construction roads internal to the construction site that have a traffic volume of
more than 50 daily trips by construction equipment, or 150 total daily trips for all
vehicles, shall be surfaced with base material or decomposed granite, or shall be
paved.
Streets shall be swept hourly if visible soil material has been carried onto adjacent
public paved roads.
m. Construction equipment shall be visually inspected prior to leaving the site and loose
dirt shall be washed off with wheel washers as necessary.
Unpaved Staging Areas or Roads
n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers'
specifications, as needed to reduce off - site transport of fugitive dust from all unpaved
staging areas and unpaved road surfaces.
35. Prior to the issuance of a grading permit, the applicant shall submit written evidence to the
satisfaction of the Director of Planning that a certified archaeologist has been retained to
observe grading activities and salvage and catalogue fossils and artifacts as necessary.
The archaeologist shall be present at the pre -grade conference, shall establish
procedures for archaeological resource surveillance and shall establish, in cooperation
with the City, procedures for temporarily halting or redirecting work to permit sampling,
identification, and evaluation of the findings. If major archaeological resources are
discovered, which require long -term halting or redirecting of grading, the archaeologist
shall report such findings to the City and the applicant. The archaeologist shall determine
appropriate actions, in cooperation with the applicant, which ensure proper exploration
and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first-
refusal basis. The applicant may retain said finds if written assurance is provided that they
will be properly preserved in Orange County, unless said finds are of a special
significance, or a museum in Orange County indicates a desire to study and /or display
them at the time, in which case items shall be donated to the City, or designee
36. Prior to the issuance of a grading permit, the applicant shall submit written evidence to the
satisfaction of the Director of Planning that a certified paleontologist has been retained to
observe grading activities and salvage and catalogue fossils and artifacts as necessary.
The paleontologist shall be present at the pre - grade conference, shall establish
procedures for paleontological resource surveillance and shall establish, in cooperation
with the City, procedures for temporarily halting or redirecting work to permit sampling,
identification, and evaluation of the findings. If major paleontological resources are
discovered, which require long -term halting or redirecting of grading, the paleontologist
shall report such findings to the City and the applicant. The paleontologist shall determine
appropriate actions, in cooperation with the applicant, which ensure proper exploration
Page 16 of 18
and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first-
refusal basis. The applicant may retain said finds if written assurance is provided that they
will be properly preserved in Orange County, unless said finds are of a special
significance, or a museum in Orange County indicates a desire to study and /or display
them at the time, in which case items shall be donated to the City, or designee.
37. In accordance with Public Resources Code 5097.94, if human remains are found, the
Orange County Coroner must be notified within 24 hours of the discovery. If the coroner
determines that the remains are not recent, the coroner shall notify the Native American
Heritage Commission (NAHC) in Sacramento to determine the most likely descendent for
the area. The designated Native American representative shall then determine in
consultation with the property owner the disposition of the human remains.
38. Construction activities which produce loud noise that disturb, or could disturb a person of
normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays
between the hours of 7:00 a.m. and 6:30 p.m., and Saturdays between the hours of 8:00
a.m. and 6:00 p.m, No such noise occurrences shall occur at anytime on Sundays or
federal holidays.
39.Noise- generating equipment operated at the project site shall be equipped with effective
noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall
be properly maintained to assure that no additional noise, due to wom or improperly
maintained parts, would be generated.
Building Department
40.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.
41. Health Department plan check and approval is required for the new kitchen.
42. No use shall be permitted in the hallways, including student lockers or furniture, unless
otherwise approved by the Building Department.
43. The applicant shall make an appointment with the Building Department for preliminary
code analysis prior to the building plan check submittal.
Fire Department
44. The new educational building and existing administration building shall be provided with
automatic fin; sprinklers.
45. Rooms used for day -care purposes, kindergarten, first or second grade pupils shall not be
located above the first story (CBC 305.2.3, 2001 Ed.),
46.A fire alarm system shall be provided.
Page 17 of 18
47.The elevator within the proposed educational building shall be gurney accommodating in
accordance with the California, Building Code, Chapter 30, 2001 Edition.
48.A ventilating hood and duct with suppression system shall be provided in accordance with
the Mechanical Code for food heat processing- equipment that produces grease laden
vapors.
49. The backflow preventor for the underground fire line shall be brought aboveground.
50. That the Fire Department access shall be approved by the Fire Department. (01107188
Condition)
Public Works Department
51. Prior to commencement of demolition and grading of the project, the applicant shall
submit a construction management and delivery plan to be reviewed and approved by the
Public Works Department. The plan shall include discussion of project phasing; parking
arrangements for both sites during construction; anticipated haul routes; construction
mitigation and a provision that heavy trucks shall avoid the use of Jamboree Road
between University Drive and Ford Road. Upon approval of the plan, the applicant shall
be responsible for implementing and complying with the stipulations set forth in the
approved plan.
52. 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.
53.A haul route permit shall be required for any large construction related vehicle (i.e. dirt
hauling vehicle).
circulation and pedestrian cirCL
approval by the Traffic Engineer.
or new construction, the on -site parking, vehicle
systems shall be subject to further review and
Prior to the issuance of building permits for new construction, the applicant shall submit an
engineered report detailing capacity sufficiency of the existing water and sanitary sewer
systems in serving the entire development - site, including new additions. The costs of any
upgrades required of the City facilities to serve the entire development site adequately
shall be bome by the Owner.
56. That the entrance for the new driveway on Bison Avenue shall be designed to provide
sight distance in accordance with City Standard 110 -L and that any street trees, shrubs,
and landscaping shall be removed or trimmed as necessary to meet this requirement.
(01107188 Condition)
Page 18 of 18
57. That a sidewalk connection shall be provided from Bison Avenue to the new facility in the
vicinity of the new driveway entrance. (01107188 Condition)
58. That ingress/egress to Bison Avenue shall be constructed in such a manner that would
not allow automobile headlights to strike adjacent residential windows in the residential
tract southerly of Bison Avenue. (01107188 Condition)
59. That the drop -off area shall be subject to the further review and approval of the City Traffic
Engineer. (04109187 Condition)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2008 -11 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
12th day of February 2008, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of February 2008.
(Seal)
9�
City Clerk
Newport Beach, California