HomeMy WebLinkAbout2011-101 - 4221 Dolphin-Stryker Way Adopting MNDRESOLUTION NO. 2011 -101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION NO. MN2011 -001, APPROVING TRANSFER OF
DEVELOPMENT RIGHTS NO. TD2010 -002; CONDITIONAL USE
PERMIT NO. 2011 -026, MODIFICATION PERMIT NO. 2011 -014,
AND WAIVER OF DEVELOPMENT AGREEMENT, AND FINDING
TRAFFIC STUDY NO. TS2011 -002 IN COMPLIANCE WITH THE
TRAFFIC PHASING ORDINANCE, FOR A NEW COMMERCIAL
DEVELOPMENT LOCATED AT 4221 DOLPHIN - STRIKER WAY
(PA2010 -135)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Ridgeway/Whitney, Partnership, with respect to property
located at 4221 Dolphin- Striker Way, and legally described as Parcel 1 of Portion of Lot 4
of Tract No. 7770, requesting approval of an amendment to the Newport Place (PC -11)
Planned Community Development Plan to accommodate the development of two new
commercial buildings of 13,525 square feet total. The following applications were
requested or required in order to implement the project as proposed:
a) An amendment to Newport Place (PC -11) Planned Community Development
Plan to change the zoning designation of the subject property from "Restaurant
Site 1" to "General Commercial Site 8 ", pursuant to Chapters 20.56 (Planned
Community District Procedures) and 20.66 (Amendments) of the Municipal Code.
b) A transfer of development rights to allow the transfer of 48 unbuilt hotel units,
from Hotel Site 2 -B (Fetcher Jones Vehicle Storage Facility at 1301 Quail Street)
and 1,620 square feet from General Commercial Site 7 (Lexus Dealership at
3901 MacArthur Boulevard) for a total of 5,529 square feet to the subject site,
pursuant to Chapter 20.46 (Transfer of Development Rights) of the Minicipal
Code.
c) A traffic study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as
the project will generate in excess 300 average daily trips (ADT).
d) A conditional use permit to modify the off - street parking requirements, allow for
the use of off -site parking, and to establish a parking management plan for the
site, pursuant to Chapter 20.40 (Off- Street Parking) of the Municipal Code.
e) A modification permit to deviate from the landscaping requirements of the
Newport Place (PC -11) Planned Community Development Plan, pursuant to
Section 20.52.050 of the Municipal Code.
City Council Resolution No. 2011 -101
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f) A waiver of the requirement for a development agreement pursuant to the
provisions of Chapter 15.45 (Development Agreements) of the Municipal Code.
2. The subject property has zoning designation of Restaurant Site 1 of the Newport Place
(PC -11) Planned Community Zoning District and the General Plan Land Use Element
category is Mixed -Use Horizontal 2 ( "MU -H2 ").
3. The subject property is not located within the coastal zone.
4. A public hearing was held by the Planning Commission on September 22, 2011, 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 Planning Commission at this meeting.
5. At the September 22, 2011, Planning Commission hearing, the Planning Commission
voted 4 -3 to deny the project without prejudice.
6. On October 1, 2011, the Planning Commission's decision to deny the applicant's request
was appealed by City Councilmember Rush Hill. The appeal was filed to allow the City
Council an opportunity to review the project given the importance of addressing the
economic need for the City to support the improvement of the City's underperforming
commercial areas combined with the applicant's willingness to address issues raised
by the Planning Commission.
7. Due to the concerns expressed by the Planning Commission at the September 22,
2011, Planning Commission hearing, the applicant modified the application request by:
a. Reducing the project gross floor area from 13,525 square feet to 12,351 square
feet;
b. Reducing the transfer request from from General Commercial Site 7 (Lexus
Dealership at 3901 MacArthur Boulevard) from 1,620 square feet to 400 square
feet.
c. Changing the proposed land use mix by reducing general commercial area from
8,525 to 7,351 square feet and changing the operational characteristic of the
proposed fast -food use to take -out limited use;
d. Increasing the number of on -site parking from 59 to 65 spaces thereby reducing
the parking waiver request from 13 to 3 parking spaces; and
e. Reducing the off -site parking request from 32 to 16 spaces.
8. A public hearing was held by the City Council on October 25, 2011, 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.
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9. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo,"
meaning that it was a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
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 (MND) was circulated for a 20 -day public
comment period beginning on July 15, 2011, and ending on August 3, 2011. The
contents of the environmental document and comments on the document were
considered by the Planning Commission in its review of the proposed project.
3. An Errata has been prepared which clarifies and augments data in the document in
responses to comments including the added location of transfer of development rights
to the subject property, and supports the conclusions reached in the draft MND.
Consistent with CEQA Guidelines section 15073.5(c), recirculation of the MND is not
required when new information is added to the MND which merely clarifies, amplifies,
or makes insignificant modifications to the MND.
4. 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 (MMRP) are feasible and will reduce the potential
environmental impacts to a less than significant level.
5. The MND and MMRP are hereby adopted by the City Council. The document and all
material, which constitute the record upon which this decision for recommendation was
based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard,
Newport Beach, California.
6. 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.
City Council Resolution No. 2011 -101
Page 4 of 26
SECTION 3. REQUIRED FINDINGS.
1. The subject property is located in Statistical Area L4 (Airport Area) and has a General
Plan designation of Mixed -Use Horizontal 2 ( "MU -H2 °). The MU -H2 designation
provides for a horizontal intermixing of uses that may include regional commercial
office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and
ancillary neighborhood commercial uses. The proposed commercial development
would be allowed as the proposed uses are ancillary and supportive to the existing
nearby office and light industrial developments.
2. Chapter 20.46 (Transfer of Development Rights) of the Municipal Code requires the
City Council must also make the following findings for the approval of transfer of
development rights:
Finding:
A. The reduced densitylintensity on the donor site provides benefits to the City.
Facts in Support of Finding:
A -1. The transfer of 48 hotel rooms from Hotel Site 2 -B and 400 square feet from
General Commercial Site 7 would result in a reduced intensity on the donor
sites which also would result in a reduction of local vehicle trips and traffic
congestion traffic, especially along North Bristol Street and MacArthur
Boulevard.
B -1. The proposed transfer allows the subject property to redevelop and improve
with a mixture of food uses and general commercial uses.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer
and the proposed uses and physical improvements would not lend themselves to
conversion to higher traffic generating uses.
C -1. The transfer of development rights onto the receiver site (the subject property)
will not result in adverse traffic impacts as demonstrated in the Traffic Study
prepared by Kunzman Associates, Inc. The transfer and the proposed uses of
the receiver site would not lend themselves to conversion to higher traffic
generating uses since the subject property is currently approved for 7,996
square feet of food service use which is being reduced to a maximum of 5,000
square feet (4,000 square feet of high turnover restaurant use and 1,000 of
take -out service, limited food use). The remainder of the development will be
allocated for general commercial uses. Furthermore, the donor sites and the
receiver site are located within the same Land Use Statistical Area L4. The
proposed transfer would be trip neutral as any increase in the peak hour
generated by the receiver site would be deduced proportionally from the donor
sites.
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C. The increased development potential transferred to the receiver site will be
compatible and in scale with surrounding development and will not create abrupt
changes in scale or character.
D -1. The increase development potential transferred to the subject property will be
compatible and in scale with the surrounding development as the proposed
development will be single story, at 29 feet in height. The subject property is
physically suitable for the new development and provides improved vehicular
access to and from the site off of MacArthur Boulevard.
D. The receiver site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views
and open space, and site characteristics, including any slopes, submerged areas,
and sensitive resources.
D -1. The subject property will have a direct access to and from MacArthur Boulevard
instead of the existing circuitous route from Dove Street or Corinthian Way. The
site characteristics lend themselves to the development since all building
setbacks are being respected and the overall development scale is in proportion
to the immediate area.
3. Chapter 15.40 (Traffic Phasing Ordinance, or TPO) of the Municipal Code requires
that a traffic study be prepared and findings be made prior to issuance of building
permits if a proposed project will generate in excess of 300 average daily trips (ADT).
For the purposes of preparing the traffic analysis for this project, the 13,525- square-
foot commercial development was assumed to include 1,000 square feet of fast -food
uses, 4,000 square feet of high turn -over food uses, and 8,525 square feet of general
commercial uses. Combined, this land use mix is forecast to generate a net increase
of 942 trips per day, including 67 a.m. peak hour trips and 55 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 "4221 Dolphin Striker Project Traffic Impact Analysis
(Revised)" dated May 31, 2011, was prepared by Kunzman Associated, Inc.
under the supervision of the City Traffic Engineer.
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Finding:
B. That based on the weight 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
15.40.030.B.1(a) The project will neither cause nor make worse an
unsatisfactory level of traffic service at any impacted primary intersection.
Facts in Support of Finding:
B -1. Construction of the Project is anticipated to be 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 4 of the 12
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 four primary
intersections identified will operate at LOS "C" or better during the AM and PM
peak hours, 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 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 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.
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4. Based on the revised application, a total of 84 parking spaces are required for the
proposed development per the Municipal Code. The applicant proposes a total of 81
spaces (16 off -site and 65 on- site), which results in a parking shortage of 3 spaces.
Section 20.40.110.B.2 of the Municipal Code allows required off - street parking to be
reduced with the approval of a conditional use permit for joint use of parking facilities.
Additionally, Pursuant to Section 20.40.100 of the Municipal Code, approval of a
conditional use permit is required for a portion of required parking that is not located on
the same site it is intended to serve. In accordance with Section 20.40.100.6 (Off -Site
Parking) of the Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. The parking facility is located within a convenient distance to the use it is intended
to serve.
Facts in Support of Finding:
A -1. The subject property currently has a 16 -space off -site recorded parking
agreement with the adjacent property located at 4100 Newport Place. These off -
site spaces are located on the 5th floor of the US Bank's parking structure.
These spaces will be used solely by the employees of the project and not by
customers. The US Bank's parking structure is located approximately 120 feet
southwest of the property. It would take an employee approximately less than a
minute to walk from the off -site parking structure according to The Manual on
Uniform Traffic Control Devices (MUTCD) which suggests four feet per second
as a normal walking speed. Given the location of the parking spaces on the fifth
floor of the parking structure, it would take an additional 3 to 4 minutes of
elevator time, for a total of less than 5 minutes. This is considered a convenient
distance for employee parking.
Finding:
B. On- street parking is not being counted towards meeting parking requirements.
Facts in Support of Finding:
B -1. On- street parking spaces do not exist within close proximity of the project site
and are not being used towards meeting the parking requirements of the
project.
Finding:
C. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
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Facts in Support of Finding:
C -1. The use of the parking lot will not create an undue traffic hazard as the
proposed project and subject off -site parking lot are located next to one
another. This allows employees to walk across the subject property's parking
lot, through a pedestrian walkway to the elevator of the parking structure,
without crossing any street intersection. The parking structure is accessed
through a keycard system and the applicant has agreed to provide their
employees with the necessary keycards. Since the off -site parking will be used
by employees only, typical noise disturbances associated with restaurant
patrons loitering in parking lots is not expected.
Finding:
D. The parking facility will be permanently available, marked, and maintained for the
use it is intended to serve.
Facts in Support of Finding:
D -1. The off -site parking spaces will be made available for the use of employees of
the project on a daily basis, with no restriction on the hours of use. In the event
that the applicant loses the ability to provide parking at the off -site location, the
applicant will be required to notify the Community Development Director who
will establish a reasonable time for substitute parking to be provided or reduce
the size of the tenant spaces or change the tenant mix (i.e. less restaurant) in
proportion to the parking spaces lost pursuant to Section 20.40.100.D (Loss of
Off -Site Parking) of the Municipal Code.
5. Pursuant to Sections 20.40.100 (Off -Site Parking) and 20.40.110.6.2 (Reduction of
Required Off - Street Parking) of the Municipal Code, a conditional use permit is
required to allow a portion of required parking that is not located on the same site it is
intended to serve and to modify the off - street parking requirements and to establish a
parking management plan. In accordance with Section 20.52.020.E of the Municipal
Code, the following findings and facts in support of such findings are set forth:
Findinq:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The proposed commercial development and uses are consistent with MU -H2
General Plan land use designation. An amendment to the Newport Place (PC-
11) Planned Community Development Plan to change the zoning designation of
the subject property from Restaurant Site 1 to General Commercial Site 8 would
allow general commercial uses in addition to food service uses.
City Council Resolution No. 2011 -101
Page 9 of 26
Finding:
B. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
B -1. With the approval an amendment to the Newport Place (PC -11) Planned
Community Development Plan to change the zoning designation of the subject
property from Restaurant Site 1 to General Commercial Site 8, the proposed
general commercial and food service uses would be consistent with the zoning
designation and development standards of General Commercial.
Finding:
C. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The project includes conditions of approval to address potential incompatibles.
As conditions of approval, the proposed development would be restricted to a total
of 5,000 square feet of food service uses. Of that, 1,000 square feet would be
allocated for a take -out service, limited food use. The remaining 7,351 square feet
would be allocated for general commercial uses as allowed for General
Commercial Sites per the Newport Place Planned Community Development Plan.
Furthermore, the hours of general commercial uses would not be allowed during
the 7:00 to 9:00 morning (AM) peak hour, daily.
C -2. The proposed project has a parking shortage of 3 spaces per the Municipal
Code. However, under a shared parking scenario within the project site, there
would be a surplus of 2 spaces during peak demand and a surplus of 9 spaces
during peak demand under a shared parking scenario with the adjoining
restaurant sites. A parking management plan has been prepared to mitigate
impacts associated with the reduction in the number of required parking spaces
per the Municipal Code. This plan has been reviewed and approved by the
City's Traffic Engineer. The off -site parking spaces will be made available for
the use of employees of the project on a daily basis, with no restriction on the
hours of use.
C -3. The project's location, surrounded by existing retail commercial, office and light
industrial developments, is appropriate given the proposed uses are to be
compatible and supportive to the surrounding uses. The proposed development
would not result in negative impacts to adjacent properties as a result of traffic,
parking or noise.
City Council Resolution No. 2011 -101
Pape 10 of 26
Finding:
D. The site is physically suitable in terms of design, location, shape, size,
operating characteristics, and the provision of public and emergency vehicle
(e.g., fire and medical) access and public services and utilities.
Facts in Support of Finding:
D -1. Adequate public and emergency vehicle access, public services, and utilities
are provided to the subject property. The proposed development will comply
with all Building, Public Works, and Fire Codes. All ordinances of the City and
all conditions of approval will be complied with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or
otherwise constitute a hazard to the public convenience, health, interest, safety,
or general welfare of persons residing or working in the neighborhood of the
proposed use.
Facts in Support of Finding:
E -1. The project complies with the development standards prescribed for General
Commercial developments, with the exceptions of parking and landscaping
requirements.
E -2. The proposed development has been reviewed and includes conditions of
approval to ensure that potential conflicts with the surrounding land uses are
minimized to the greatest extent possible.
6. In accordance with Section 20.52.050 (Modification Permits), the Planning
Commission must make the following findings for approval of a modification permit:
Finding:
A. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
A -1. The proposed landscaping to be provided at the project site will be compatible
with the adjacent properties and surrounding office and light industrial
developments. The proposed ground cover, shrubs, and trees will be provided
to enhance the aesthetics of the newly proposed development and seamlessly
connect the property boundaries with adjoining sites.
City Council Resolution No. 2011 -101
Page 11 of 26
Finding:
B. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use.
Facts in Support of Finding:
B -1. One tree per 25 lineal feet of the interior south property line is not provided due
to the existing lot configuration. It is logical for the proposed development to be
designed and located along the south property line and the needs of providing
secondary exits along the back side of this building prevent the provisions of
required landscaping.
Finding:
C. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in
physical hardships that are inconsistent with the purpose and intent of the Zoning
Code.
Facts in Support of Finding:
C -1. Sufficient landscaping consisting of ground cover, shrubs, and trees are being
proposed in conjunction with the new development that meets the intent of the
Planned Community Development Standards. The strict application of the
Planning Community Development Standards would require reconfiguration of
the project and result in physical hardships to the proposed development in
terms of site design and building placement.
Finding:
D. There are no alternatives to the Modification Permit that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public.
Facts in Support of Finding:
D -1. The provision of the required trees per the landscape development standards of
PC -11 (Newport Place Planned Community) would result in a much narrower
and less desirable building size and shape and would also reduce the length of
the parking stalls and prevent the drive aisle to align with the driveway
approaches.
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E. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or
the City, or result in a change in density or intensity that would be inconsistent with
the provisions of this Zoning Code.
Facts in Support of Finding:
E -1. The deviation from the landscape development standards will not result in any
detriment to public health, safety, or welfare. The landscaping deviation will not
change the density or intensity of the proposed development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. 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 does hereby adopts
Mitigated Negative Declaration and Errata, 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 proposed development complies with the Traffic Phasing Ordinance, based on the
weight of the evidence in the administrative record, including Traffic Study No.
TS2011 -002.
3. The City Council of the City of Newport Beach does hereby approve Planned
Community Text Amendment No. PD2010 -007, Transfer of Development Rights No.
TD2010 -002, Conditional Use Permit No. UP2011 -026, and Modification Permit No.
MN2011 -014, and waive the requirement for a Development Agreement, subject to the
conditions set forth in Exhibit B.
4. This resolution shall take effect immediately upon adoption.
5. 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.
City Council Resolution No. 2011 -101
Page 13 of 26
6. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 25th day of October, 2011.
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MAYOR
ATTEST:
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CITY CLERK
City Council Resolution No. 2011 -101
Pape 14 of 26
EXHIBIT "A"
MACARTHUR AT DOLPHIN - STRIKER PROJECT
MITIGATION MONITORING PROGRAM
CITY OF NEWPORT BEACH
Mitigation Measure
Phase of
Responsible
Completion
Implementation
Monitoring
Date /Initials
Party
Cultural Resources
5.1. The project applicant shall have a qualified
During
City of Newport
professional archaeologist on site to monitor for any
construction
Beach
potential impacts to archaeological or historic
Community
resources throughout the duration of any demolition
Development
and ground disturbing activities. The professional
Department
archeologist shall have the authority to halt any
activities adversely impacting potentially significant
cultural resources until the resources can be
formally evaluated. The archaeologist must have
knowledge of both prehistoric and historical
archaeology. Additionally, the archaeological
monitoring program shall include the presence of a
local Native American representative (Gabrielino
and /or Juaneno). Resources must be recovered,
analyzed in accordance with CEQA guidelines, and
curated. Suspension of ground disturbance in the
vicinity of the discoveries shall not be lifted until the
archaeologist has evaluated discoveries to assess
whether they are classified as historical resources or
unique archaeological sites, pursuant to CEQA.
5.2. The project applicant shall retain a qualified
During
City of Newport
professional paleontologist for periodic monitoring
construction
Beach
for any potential impacts to paleontological
Community
resources throughout the duration of ground
Development
disturbing activities. In the event paleontological
Department
resources are uncovered, the professional
paleontologist shall have the authority to halt any
activities adversely impacting potentially significant
fossil resources until the resources can be formally
evaluated. If potentially significant fossils are
uncovered they must be recovered, analyzed in
accordance with CEQA guidelines, and curated at
facilities at the Natural History Museum of Los
Angeles County, or other scientific institution
accredited for curation and collection of fossil
specimens. Suspension of ground disturbances in
the vicinity of the discoveries shall not be lifted until
the paleontologist has evaluated the significance of
the resources pursuant to CEQA.
Geology And Soils
6.1. Prior to issuance of grading permits, a detailed
Prior to issuance
City of Newport
design- engineering -level geotechnical investigation
of grading permits
Beach
report shall be prepared and submitted with
Community
engineered grading plans to further evaluate
Development
City Council Resolution No. 2011 -101
Page 15 of 26
expansive soils, soil corrosivity, settlement,
Department
foundations, grading constraints, and other soil
engineering design conditions, and to provide site -
specific recommendations to address these
conditions, if determined necessary. The
engineering -level report shall include and address
each of the recommendations included in the
geotechnical reports prepared by Strata -Tech, Inc.
(Appendix B). The geotechnical reports shall be
prepared and signed /stamped by a Registered Civil
Engineer specializing in geotechnical engineering
and a Certified Engineering Geologist. Geotechnical
rough grading plan review reports shall be prepared
in accordance with the City of Newport Beach
Grading Ordinance.
Noise
12.1. All noise - producing project equipment and
During
City of Newport
vehicles using internal combustion engines shall be
Construction
Beach
equipped with mufflers, air -inlet silencers where
Community
appropriate, and any other shrouds, shields, or other
Development
noise - reducing features in good operating condition
Department
that meet or exceed original factory specification.
Mobile or fixed "package" equipment (e.g., arc
welders, air compressors) shall be equipped with
shrouds and noise control features that are readily
available for that type of equipment.
12.2. All mobile and fixed noise - producing
During
City of Newport
equipment used on the proposed project that is
Construction
Beach
regulated for noise output by a local, state, or
Community
federal agency shall comply with such regulation
Development
while in the course of project activity.
Department
12.3. Electrically powered equipment shall be used
During
City of Newport
instead of pneumatic or internal combustion-
Construction
Beach
powered equipment, where feasible.
Community
Development
Department
12.4. Mobile noise - generating equipment and
During
City of Newport
machinery shall be shut off when not in use.
Construction
Beach
Community
Development
Department
12.5. Material stockpiles and mobile equipment
During
City of Newport
staging, parking, and maintenance areas shall be
Construction
Beach
located as far as practical from noise - sensitive
Community
receptors.
Development
Department
12.6. Construction site and access road speed limits
During
City of Newport
shall be established and enforced during the
Construction
Beach
construction period.
Community
Development
Department
12.7. The use of noise - producing signals, including
During
City of Newport
horns, whistles, alarms, and bells, shall be for safety
Construction
Beach
warning purposes only.
Community
Development
Department
City Council Resolution No. 2011 -101
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12.8. No project - related public address or music
During
City of Newport
system shall be audible at any adjacent receptor.
Construction
Beach
Community
Development
Department
12.9. The on -site construction supervisor shall have
During
City of Newport
the responsibility and authority to receive and
Construction
Beach
resolve noise complaints. A clear appeal process to
Community
the project proponent shall be established prior to
Development
construction commencement that shall allow for
Department
resolution of noise problems that cannot be
immediately solved by the site supervisor.
City Council Resolution No. 2011 -101
Page 17 of 26
EXHIBIT "B"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
1. The development shall be in substantial 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.)
2. Conditional Use Permit No. UP2011 -026 and Modification Permit No. MN2011 -014 shall
expire unless exercised within 24 months from the date of approval as specified in
Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
3. Uses shall be permitted, or conditionally permitted, within the project consistent with the
provisions of the Zoning Code, so long as they do not increase the approved traffic
generation for the project (TS2011 -002).
4. Required parking for this project has been determined based on documentation and a
number of assumptions, including:
a. The shared parking analysis as a part of the Traffic Impact Analysis, prepared by
Kunzman Associates, Inc., dated October 4, 2011 and the Addendum dated
October 7, 2011;
b. A limitation that the maximum Net Public Area (NPA) of the 4,000 square feet high
tum -over eating and drinking uses shall be limited to 2,000 square feet with a
parking demand of 1 space per 40 square feet of NPA;
c. The take -out service, limited food use shall be limited to 1,000 gross square feet
with a parking demand of 1 space per 250 gross square feet and a maximum of 6
seats;
d. The general commercial uses shall be limited to 7,351 net square feet proposed
floor area with a parking demand of 1 space per 250 net square feet; and
e. The allowed hours of operation for general commercial uses are from 9:00 a.m.
to 7:00 p.m., daily.
Any changes to the assumed tenant mix or changes in the type of food use that would
increase parking demands may require the preparation of a new shared parking analysis
to ensure that adequate parking can be provided on -site and at the approved off-site
City Council Resolution No. 2011 -101
Page 18 of 26
parking location, and shall be subject to the review and approval of the Community
Development Department.
5. A total of 65 parking spaces shall be provided on -site and 16 parking spaces shall be
provided off -site at 4100 Newport Place, for a total of 81 parking spaces, as illustrated on
the approved plans and parking management plan for the project.
6. In the event of loss of off -site parking, the applicant shall be required to notify the
Community Development Director who will establish a reasonable time for substitute
parking to be provided or reduce the size of the tenant spaces or change the tenant
mix (i.e. less restaurant) in proportion to the parking spaces lost, in accordance to
Section 20.40.100. D (Loss of Off -Site Parking) of the Municipal Code.
7. Any minor changes to the parking management plan shall be reviewed and approved by
the Community Development Director and City Traffic Engineer prior to implementation.
Significant changes may require an amendment to this Conditional Use Permit.
8. All employees are required to park off -site at a parking structure located at 4100 Newport
Place at all times, until all 16 spaces are occupied, unless otherwise approved by the
Community Development Director and may require an amendment to this Conditional
Use Permit.
9. The hours of operation for the general commercial uses shall not commence before
9:00 a.m., daily.
10. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
11. 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
Conditional Use Permit No. UP2011 -026 and Modification Permit No. MN2011 -014.
12. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to Conditional
Use Permit No. UP2011 -026, and /or Modification Permit No. MN2011 -014 or the
processing of new permits.
13. All landscape materials and landscaped areas shall be installed and 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.
14. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by the
current owner or leasing company.
City Council Resolution No. 2011 -101
Page 19 of 26
15. This Conditional Use Permit and Modification Permit may be modified or revoked by
the City Council or Planning Commission should they determine that the proposed
development, uses, and/ 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.
16. Prior to the issuance of a building permit 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 Division and the Municipal Operations
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.
17. Prior to the final inspection of building permits the applicant shall schedule an
inspection by the Planning Division to confirm that all landscaping was installed in
accordance with the approved plan.
18. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
19. Water leaving the project site due to over - irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code Enforcement
Division shall visit the location, investigate, inform and notice the responsible party,
and, as appropriate, cite the responsible party and /or shut off the irrigation water.
20. Watering shall be done during the early morning or evening hours (between 4:00 p.m.
and 9:00 a.m.) to minimize evaporation the following morning.
21. All leaks shall be investigated by a representative from the Code Enforcement Division
and the property owner or operator shall complete all required repairs.
22. Water shall not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards.
23. 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:
City Council Resolution No. 2011 -101
Paoe 20 of 26
24. 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
Division.
25. 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.
26. No outside paging system shall be utilized in conjunction with this project.
27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
28. 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.
29. 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.
30. 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
Division. 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).
31. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the community
Development Director, and may require an amendment to this Conditional Use Permit.
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
165dBA
N/A
6OdBA
24. 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
Division.
25. 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.
26. No outside paging system shall be utilized in conjunction with this project.
27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
28. 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.
29. 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.
30. 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
Division. 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).
31. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the community
Development Director, and may require an amendment to this Conditional Use Permit.
City Council Resolution No. 2011 -101
Page 21 of 26
32. Storage outside of the building or within the parking lot of the property shall be
prohibited, with the exception of the required trash container enclosure.
33. A Special Events Permit is 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.
34. All proposed signs shall be in conformance with the provision of Chapter 20.42 of the
Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if
located adjacent to the vehicular ingress and egress.
35. The final location of the signs shall be reviewed by the City Traffic Engineer and shall
conform to City Standard 110 -L to ensure that adequate sight distance is provided.
36. Lighting shall be in compliance with applicable standards of the Zoning Code. 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. Parking area lighting shall have
zero cut -off fixtures.
37. The site shall not be excessively illuminated based on the outdoor lighting standards
contained within Section 20.30.070 of the Zoning Code, or, if in the opinion of the
Community Development Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Community
Development Director may order the dimming of light sources or other remediation
upon finding that the site is excessively illuminated.
38. Prior to the issuance of a building permit the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The
survey shall show that lighting values are "1" or less at all property lines.
39. Prior to issuance of the certificate of occupancy or final of building permits the
applicant shall schedule an evening inspection by the Code Enforcement Division to
confirm control of all lighting sources.
40. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided for all food uses, and the area shall drain directly into the sewer system,
unless otherwise approved by the Building Official and Public Works Director in
conjunction with the approval of an alternate drainage plan.
41. Kitchen exhaust fans for all food uses shall be installed /maintained in accordance with
the Uniform Mechanical Code. The issues with regard to the control of smoke and
odor shall be directed to the South Coast Air Quality Management District.
City Council Resolution No. 2011 -101
Paqe 22 of 26
42. The exhaust systems for any food uses shall be installed with pollution control units to
filter and control odors.
43. 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.
44. A six - foot -high screen and security fence shall be placed around the construction site
during construction.
45. Construction equipment and materials shall be properly stored on the site when not in
use.
46. 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 MacArthur at Dolphin- Striker project including, but
not limited to, Planned Community Text Amendment No. PD2010 -007, Transfer of
Development Rights No. TD2010 -002, Conditional Use Permit No. UP2011 -026,
Modification Permit No. MN2011 -014, Traffic Study No. TS2011 -002 and /or the City's
related California Environmental Quality Act determinations, the certification of the
Mitigated Negative Declaration and /or the adoption of a Mitigation Monitoring Program
for the project. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by applicant, City, and /or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
Fire Department Conditions
47. Automatic fire sprinklers shall be required for any structure that exceeds 5,000 square
feet regardless of occupancy. Additionally, food service uses shall require fire
sprinklers when fire area has an occupant load of 100 or more. The sprinkler system
shall be monitored by a UL certified alarm service company.
City Council Resolution No. 2011 -101
Paqe 23 of 26
Building Division Conditions
48. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
49. Prior to the issuance of grading permits a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The project applicant
will provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. This plan will detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
50. 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 Division 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.
51. 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.
52. The applicant shall comply with SCAQMD Rule 403 requirements as follows:
Land Clearing /Earth - Moving
a. Exposed pits (i.e., gravel, soil, dirt) with five 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.
City Council Resolution No. 2011 -101
Pape 24 of 26
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 five minutes.
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.
Public Works Conditions
53. The existing OCSD easement along MacArthur Boulevard frontage shall be shown on
plans. Any encroachment (wall, stairs and ADA ramps) within the existing OCSD
easement requires approval from OCSD. The applicant shall provide said approval as
part of the plan check process.
54. The parking lot layout plan shall be fully dimensioned. All parking spaces within the
project site shall have a minimum of 26 feet of back up area /drive aisle. The parking
City Council Resolution No. 2011 -101
Pape 25 of 26
layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B. The
centerlines of the drive aisles that straddle the adjacent properties shall match. If the
entire site (all 3 properties) is planned to be restriped, the entire site shall comply with
City Standard STD - 805 -L -A and STD - 805 -L -B.
55. Prior to issuance of building permits, a signage and striping parking lot plan shall be
submitted for review and approval.
56. The proposed project is required to stripe a 120 -foot minimum dedicated right -turn
lane into the project site along southbound MacArthur Boulevard. The travel lane
adjacent to the new right -turn lane shall be 12 -foot wide minimum. The applicant shall
provide plans showing the proposed striping on MacArthur Boulevard.
57. New sidewalk, curb, gutter and driveway approach shall be installed along the
MacArthur Boulevard and Dolphin Striker Way project frontage per the applicable City
standards. The applicant may be required to provide a sidewalk easement along the
driveway approach along MacArthur Boulevard if an ADA compliant path of travel can
not be accommodate across the driveway approach.
58. The proposed project shall modify the southbound MacArthur Boulevard left turn
pocket at the MacArthur BoulevardNon Karman Avenue - Newport Place Drive
intersection and restriping MacArthur Boulevard to accommodate the left turn access
into the site. The design shall maintain a minimum left turn pocket length of 270 feet
at the southbound MacArthur BoulevardNon Karman Avenue - Newport Place Drive
intersection with a transition length of 140 feet minimum. The transition length at the
proposed left turn into the driveway shall be 120 feet minimum. The buffer between
the two left turn pockets shall be a minimum of 50 feet. The applicant shall provide
plans showing the proposed striping on MacArthur Boulevard.
59. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
60. An encroachment permit is required for all work activities within the public right -of -way.
61. In case of damage done to public improvements within the public right -of -way
surrounding the development site by the private construction, additional reconstruction
within the public right -of -way may be required at the discretion of the Public Works
Inspector.
62. All on -site drainage shall comply with the latest City Water Quality requirements.
63. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L.
64. Traffic circulation and signage is subject to further review by the City Traffic Engineer.
City Council Resolution No. 2011 -101
Page 26 of 26
65. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
Mitigation Measures
66. 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2011 -101 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 25th day of
October, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of October, 2011.
a ftMl1 � hn4L�-�
City Clerk
Newport Beach, California
(Seal)