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HomeMy WebLinkAboutPC2019-005 - APPROVE SITE DEVELOPMENT REVIEW NO. SD2017-004, LOT LINE ADJUSTMENT NO. LA2018-004 AND AFFORDABLE HOUSING IMPLEMENTATION PLAN NO. AH2018-001, AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT FACTS AND FINDINGS FOR THE NEWPORT CROSSINGS MIXEDRESOLUTION NO. PC2019-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING SITE DEVELOPMENT REVIEW NO. SD2017-004, LOT LINE ADJUSTMENT NO. LA2018-004 AND AFFORDABLE HOUSING IMPLEMENTATION PLAN NO. AH2018-001, AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT FACTS AND FINDINGS FOR THE NEWPORT CROSSINGS MIXED-USE PROJECT LOCATED AT 1701 CORINTHIAN WAY; 42519 4253 AND 4255 MARTINGALE WAY; 42009 4220 AND 4250 SCOTT DRIVE; AND 1660 DOVE STREET (PA2017-107) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed .by Starboard MacArthur Square, LP, 1701 Corinthian Way; 4251, 4253 and 4255 Martingale Way; 4200, 4220 and 4250 Scott Drive; and 1660 Dove Street and legally described as Lots 1 of Tract 7770, and Parcels 1 and 2 of Book 53, Page 13 of Parcel Maps requesting an approval for the development of a mixed-use residential project ("Project"). The following approvals are requested or required in order to implement the Project as proposed: A. Site Development Review: To ensure the site is developed in accordance with the Newport Place Planned Community Development Plan and Zoning Code development standards and regulations pursuant to Newport Beach Municipal Code ("NBMC") Section 20.52.080 (Site Development Reviews); B. Lot Line Adjustment: A lot line adjustment to reconfigure the three (3) underlying parcels that comprise the site, pursuant to NBMC Chapter 19.76 (Lot Line Adjustments). Specifically, the site would be reconfigured to create a 0.5 -acre parcel for public park purposes to be deeded to the City; a 5.08 -acre parcel for the proposed mixed-use development; and an 0.11 -acre parcel (to be owned by the Project applicant) for emergency access improvements needed to serve the proposed mixed-use building. The 0.11 -acre parcel would also include an easement dedicated to the City for access and parking for the public park. With dedication of the 0.5 -acre public park, the net project site area would be 5.19 acres; and C. Affordable Housing Implementation Plan: A program specifying how the Project would meet the City's affordable housing requirements, pursuant to the Residential Overlay of the Newport Place Planned Community. Under the Affordable Housing Implementation Plan ("AHIP"), seventy-eight (78) units would be set aside as affordable units to lower-income households. Providing the affordable housing required by the Residential Overlay of the Newport Place Planning Commission Resolution No. 2019-005 Paae 2 of 23 Planned Community qualifies the Project for a density bonus and incentives/concessions pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The AHIP includes a request for one development concession related to the bedroom mix of the affordable units and a development waiver of the 55 -foot building height limit to allow a height of 77 feet 9 inches to accommodate the parapet, roof -top mechanical equipment, elevator shafts, emergency staircase, rooftop terrace, and a portion of the parking garage. 2. The subject property is located within General Commercial Site 6 and the Residential Overlay of the Newport Place Planned Community (PC -11) Zoning District and the General Plan Land Use Element category is Mixed -Use District Horizontal -2 (MU -H2). 3. The subject property is not located within the coastal zone; therefore, a coastal development permit is not required. 4. A study session was held on December 6, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to introduce the project to the City of Newport Beach Planning Commission ("Planning Commission"). No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a three hundred (300) -foot radius of the property. 5. On Tuesday, February 5, 2019, a meeting was held with the Parks, Beaches, and Recreation Commission in the City Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. The Project park design and staff report were presented to the Parks, Beaches, and Recreation Commission for their comment and recommendations. Public comments regarding the park design were also taken. The agenda for the meeting was posted at City Hall and on the City's website. 6. A public hearing was held on February 21, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Newport Crossings Mixed -Use Project Final Environmental Impact Report ("EIR") (SCH No. 2017101067) was prepared for the Project in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). 2. The Planning Commission, having final approval authority over the Project, adopted and certified as complete and adequate the Newport Crossings Mixed -Use Project Final Environmental Impact Report (SCH No. 2017101067), Findings and Facts in Support of [1I151015E3 Planning Commission Resolution No. 2019-005 Page 3 of 23 Findings, and the "Mitigation Monitoring and Reporting Program" contained within Resolution No. 2019-004, on February 21, 2019. Resolution No. 2019-004 is hereby incorporated by this reference 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. Major Site Development Review In accordance with NBMC Subsection 20.52.080(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. The proposed development is allowed within the subject zoning district. Fact in Support of Finding: The subject property is currently zoned Planned Community and subject to the Newport Place Planned Community (PC -11) regulations. The site is designated General Commercial Site 6, which allows retail commercial, office, and professional and business uses. The site is also within a Residential Overlay where multiple -family residential development is also permitted pursuant to Part III (Residential Overlay) Section of PC -11. 2. Multi -unit residential development projects meeting the development requirements of the Residential Overlay are permitted by right, subject to approval of a site development review. 3. The Residential Overlay requires that a minimum of thirty percent (30%) of the units within the residential development be affordable to lower-income households for a minimum thirty (30) -year term and further limits densities to a minimum thirty (30) dwelling units per acre and a maximum of fifty (50) dwelling units per acre. After dedication of the 0.5 -acre public park, the net acreage of the site is 5.19 acres, resulting in a maximum density of 259 units. Of the 259 units allowed, 78 units (30 percent) are proposed to be reserved for low-income households. As encouraged by the Residential Overlay and pursuant to NBMC Chapter 20.32 (Density Bonus) and Government Code Section 65915 (Density Bonus Law), with a thirty percent (30%) allocation for low- income households, the proposed project is entitled to a thirty-five percent (35%) density bonus (ninety-one (91) additional units), increasing the total project density to 350 units. 08-10-18 Planning Commission Resolution No. 2019-005 Paae 4 of 23 4. The Residential Overlay limits residential dwellings as replacement of nonresidential uses. As determined by the City Traffic Engineer, the number of peak hour trips generated by the redevelopment of the project site may not exceed the number of trips attributable to the existing permitted non-residential uses. The proposed 259 base dwelling units (exclusive of the density bonus units) is consistent with this limitation. The existing site is currently developed with 58,277 square feet of commercial floor area. With 7,500 square feet of commercial floor area to remain within the project, the remaining net floor area available for conversion is 50,727 square feet. When applying the City's adopted use conversion factors to maintain traffic trip neutrality to the existing net floor area, a total of 272 residential units would be allowed as replacement units. 5. The Residential Overlay limits development to the 2,200 maximum dwelling unit development allocation for the Airport Area established by General Plan Land Use Policy 6.15.5. Of the 2,200 residential units allowed, 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units meaning they are not required to replace other units and they may be constructed as "in -fill" units to existing commercial or office development within the Conceptual Development Plan Area ("CDPA") of the Airport Area. Any eligible density bonus allowed by Government Code Sections 65915 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200 -unit allowance. The only other approved project within the Airport Area at this time is the Uptown Newport project, which was approved for 632 replacement units, 290 additive units, and with a density bonus of 322 units for a total of 1,244 residential units. Taking into account the dwelling unit sum of the Uptown Newport project and the proposed Newport Crossings project, the remaining development allocation within the Airport Area would be 1,019 dwelling units (exclusive of density bonus units). 6. The subject property, after dedication of the 0.5 -acre public park, is approximately 5.19 acres in size. Pursuant to Section I of the Residential Overlay of the Newport Place Planned Community, the Project is exempt from the minimum 10 -acre site development required by General Plan Land Use Element Policy LU6.15.6 (Sizes of Residential Villages) in exchange for the support of the City's need for low-income households. Finding: B. The proposed development is in compliance with all of the following applicable criteria: i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments, and whether the relationship is based on standards of good design; 08-10-18 Planning Commission Resolution No. 2019-005 Pape 5 of 23 iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas, iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials, and vi. The protection of significant views from public rights) -of -way and compliance with NBMC Section 20.30. 100 (Public View Protection). Facts in Support of Finding: The subject property has a General Plan Land Use Element designation of Mixed -Use Horizontal 2 (MU -H2). This category 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 MU - H2 land use category covers a significant portion of properties in the Airport Area within both the Newport Place and Koll Center Newport Planned Communities outside higher noise levels from John Wayne Airport. The Project is consistent with this designation by redeveloping an aging and under-utilized commercial center with a new mixed-use development. 2. As stated in Fact 3 in response to Finding A, the project's density of 259 base dwelling units (exclusive of the ninety-one (91) density bonus units) is consistent with the maximum development limit of fifty (50) dwelling per unit pursuant to General Plan Policy LU 6.15.7. Consistent with this policy, the Project consists of a mix of studio, one-, and two-bedroom rental units (including seventy-eight (78) affordable units), accommodating a variety of household types and incomes. The affordable units will have the same size and amenities as the market -rate units. The ninety-one (91) density bonus units allowed by Government Code Sections 65915 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus) are not restricted by the fifty (50) unit per net acre standard. 3. As stated in Facts 4 and 5 in response to Finding A, the Project is consistent with the 2,200 dwelling unit maximum development allocation established for the Airport Area pursuant to General Plan Policy LU 6.15.5. In addition, the Project's proposed 259 base dwelling units (replacement units) and 7,500 square feet of commercial floor area remain below the number of peak hour trips generated by the existing permitted 58,277 -square - foot commercial center that currently exists on the site. The ninety-one (91) density bonus units allowed by Government Code Sections 65915 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200 -unit allowance. 4. Consistent with General Plan Housing Element Program HP 3.2.2 and the minimum site area exemption adopted within the Residential Overlay of the Newport Place Planned Community Development Plan, the Project qualifies for an exemption to the 10 -acre 08-10-18 Planning Commission Resolution No. 2019-005 Paae 6 of 23 minimum site development requirement of General Plan Policy LU6.15.6 (Sizes of Residential Villages) and the regulatory plan requirements of LU6.15.10 (Regulatory Plan), in exchange for the support of the City's need for lower-income households. The subject property, after dedication of the 0.5 -acre public park, is approximately 5.19 acres in size. 5. Consistent with the park dedication requirements of General Plan Polices LU 6.15.13 (Neighborhood Parks Standards) and LU 6.15.14 (Neighborhood Parks Location), the Project includes the dedication of a 0.5 -acre public park located at the southern edge of the project site between Dove Street and Martingale Way. The park would be easily accessible through pedestrian connections and sited in a location consistent with a conceptual park location per General Plan Figure LU23 (Airport Area Residential Villages Illustrative Concept Diagram). The park would serve the Project's future residents, employees, and patrons, and the existing offices and businesses in the surrounding vicinity as a recreation and activity area. Park amenities include a play lawn and playground equipment, shade structures, benches, fitness terrace, central dining terrace, and bocce ball court. A proposed dog park and pickle ball court would also serve regional needs of City residents. The park includes noninvasive and low-water use plants and trees. A tree and shrub hedge would be provided along the southern boundary providing a physical and visual boarder between the park and adjacent office parking lot to the south. A small off-street parking lot for park users is proposed adjacent to the eastern end of the park, and additional on -street parking opportunities exist along Martingale Way. 6. Although the Project is smaller than the 8 -acre applicability requirement of General Plan Policy LU 6.15.16 (On -Site Recreation and Open Space Standards), the Project provides extensive on-site recreational amenities, including separate pool, entertainment, and lounge courtyards with eating, seating, and barbeque space; a rooftop terrace; a fifth -level view deck; a club room for entertainment and gatherings; and a fitness facility. In addition, a public plaza is located in front of the retail shops facing the main corner of the Project at Corinthian Way and Martingale Way that will provide informal areas that residents can take advantage of. The provided amenities total 22,696 square feet, exceeding the 15,400 square -foot (44 square feet x 350 units) on-site recreational amenities requirement. 7. The Project introduces 350 new residential units to an existing major employment center (the Airport Area and Irvine Business Complex), providing new opportunities for those working in the area to live near work. The Project also includes park space, retail, and restaurant uses that will help meet the needs of its residents and surrounding employees in the area. 8. Consistent with General Plan Policy LU5.3.1 (Mixed -Use Buildings), the Project has been designed to exhibit a high quality design and complements the surrounding urban context. The retail and restaurant components are located on the ground level and oriented toward the streets to minimize potential conflicts with the residential uses. Additionally, these retail and restaurant uses are well integrated into the overall building design through the use of common design elements. The fagade is articulated through 08-10-18 Planning Commission Resolution No. 2019-005 Paae 7 of 23 the use of windows, color, and changes in planes and massing. The Project provides separate entrances for residential and non-residential uses, with commercial entrances articulated by a white frame and storefront windows. The parking facility is completely integrated into the design and hidden from public view by the wrapping of residential units around the exterior of the parking structure. Extensive landscaping has been incorporated along the street frontages, in interior courtyards, on the roof terrace, within the retail plaza, and within the public park. 9. Consistent with General Plan Policy LU6.15.22 (Building Massing), the 4- and 5 -story residential building facades along all streets are designated and articulated to breakdown it's massing vertically and horizontally. Layered horizontal fagade base treatment is used to break up the height of the building. Two-story white framed elements are also used consistently throughout the elevations to visually reduce its height and to create a pedestrian -scale presence on the street frontages. The articulated masses also create and define a new activated street presence on Corinthian Way. A modern tower feature and rooftop terrace create ambience, an architectural focal point, and visual interest. In addition to layering the fagades, varying window patterns, and planar geometric breaks, horizontal roof elements help define the building's modern character. Corner window treatments are also utilized at strategic locations to vary the character and massing of residential balconies. Metal sunshade devices are also used to create an interesting shadow play on the fagade. These varying design elements help break up the building massing avoiding large unarticulated and monotonous building elevations. 10. The proposed Project is designed with an architectural style and scale that are compatible and complementary to the overall Newport Place Planned Community. The building's architectural design is defined as "California Coast Modern," which is monochromic with colored accents. The integral accents comprise of metal and acrylic panes, wood plank tiles, and stone veneer. Metal clad horizontal roof elements are used at the top floor to define and vary the building mass and character. Glass railings, metal trellises, metal sunshades, and horizontal metal slats are also used to create the modern architectural aesthetic prevalent in the area. 11. Ground -level units include large patios with access to the street sidewalks, promoting walkability and pedestrian activity. Upper-level units include ample and usable outdoor decks with storage. Each unit exceeds the minimum private open space requirement (5 percent of gross unit area) and the Project as a whole provides 63,445 square feet of common open space exceeding the minimum common open space requirement of 26,250 square feet (75 square feet per unit). 12. Overall, the building will be below the base height limit of 55 feet, with the exception of architectural elements of up to 77 feet 9 inches. These architectural elements include the parapet, rooftop mechanical equipment, elevator shafts, emergency staircase, rooftop terrace, and a portion of the parking garage. The proposed development is the first residential project in the Newport Place Planned Community where the predominant permitted land uses are office and light industrial developments with limited retail allowed in certain sub -areas of the planned community. These surrounding �NSDIN ! Planning Commission Resolution No. 2019-005 Paae 8 of 23 developments are ranging from single -story to four-story in height with the exception of the 10 -story Radisson Hotel located nearby. The Project's building mass is comparable and compatible to the existing surrounding developments. 13. Besides the height exception and unit -mix incentive requested through the allowed density bonus, the proposed project complies with the development standards of the Residential Overlay and applicable standards of the Zoning Code. 14. Project landscaping consists of ornamental trees, shrubs, and groundcover along the site perimeter and in public gathering areas. The existing Italian Stone pines and Canary Island pines along Martingale Way would be preserved. The plant palate would include noninvasive, low-water use plants. Although approximately seventy-six (76) trees would be removed, the proposed Project would provide a greater number of trees than currently exists (approximately 174 new trees, including the public park and plaza). All landscaped areas, including the public park and retail plaza, would be maintained by the property management company. Project landscaping will be required to meet NBMC Chapter 14.17 (Water -Efficient Landscape) requirements with respect to water efficiency. 15. Vehicular access to the mixed-use building would be provided via full -access driveways off Scott Drive and Martingale Way. The parking garage would be restricted to apartment residents, guests, and employees; and to employees and patrons of the commercial uses. The design of the parking structure allows for residents to park on the level of their respective unit for ease of access. The public park would have a separate full -access driveway located at the southern end of Martingale Way. Pedestrian access would be provided along the perimeter streets, with pedestrian corridors and walkways leading into the retail, residential, and through the public park areas. Site access, including the drive aisles, driveways, parking and loading spaces, have all been reviewed by the City Traffic Engineer for adequacy, efficiency, and safety. 16.A six -level, five -story parking structure would be located within the center of the building, and screened from public view by the surrounding residential units. The structure would provide a total of 740 parking spaces, complying with required parking ratios as follows: a. Retail: 25 spaces provided, 22 space required for the 5,500 square feet (1 space per 250 square feet); b. Restaurant: 49 spaces for an assumed 1,000 square feet of interior net public area and 950 square feet of exterior net public area exceeding the 25 percent allowance (1 space per 40 square feet of net public area); c. Apartment Leasing: 5 spaces (none required by Zoning Code); d. Residential: 661 spaces, exceeding the 474 minimum spaces required for density bonus projects pursuant to NBMC Section 20.32.040 (Parking Requirements in Density Bonus Projects) and Government Code Section 65915(p) (Density Bonus Planning Commission Resolution No. 2019-005 Page 9 of 23 Law) (1 space per 0 to one bedroom units, and 2 spaces per two- and three- bedroom units). 17. The Project would comply with the minimum 30 -foot setback required from streets and 10 feet from interior property lines (including the new public park property line) required by the Newport Place Planned Community. 18. The Project site does not have the potential to obstruct public views from public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and Harbor, offshore islands, the Old Channel of the Santa Ana River (the Oxbow Loop), Newport Pier, Balboa Pier, designated landmark and historic structures, parks, coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive open space. The Project is not located near any public viewpoints and there are no designated public views through or across the site. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment. 2. The proposed building has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Refuse collection is accommodated via two on-site staging areas with adequate turnaround space to ensure safe maneuvering by refuse vehicles. Emergency vehicles will have access via the surrounding streets and through two additional emergency vehicle access easements provided to the City. 3. The Property is located approximately 0.5 -miles east of the southernmost John Wayne Airport runway and is within the notification area of the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport. However, the Project is below the maximum transitional imagery surface heights, and thus the project is within the building height limits of the AELUP. The Property falls inside the Noise Impact Zone "2" — Moderate Noise Impact (60 decibel [dB] Community Noise Equivalent Level [CNEL] or greater, less than 65 dB CNEL) and also Safety Zone 6 (Traffic Pattern Zone), where the likelihood of an accident is low. Consistent with the Residential Overlay, the Project has been conditioned to provide notice to all future residents of potential annoyances or inconveniences associated with residing in proximity to airport operations. Also, a notice 08-10-18 Planning Commission Resolution No. 2019-005 Page 10 of 23 is required to be provided in the public park and designated outdoor common and recreational areas advising of aircraft noise. 4. The Project does not involve the use or manufacture of any hazardous substances that could impact nearby development. Dry cleaning uses have existed on-site, and a dry cleaning use exists currently. A 2017 soil vapor test has identified perch loroethylene (PCE) concentrations above California Human Health Screening Level for residential use. However, with the implementation of Mitigation Measure MM HAZ-1 of the Newport Crossing Mixed -Use Project EIR, which includes the installation of a subslab ventilation system, membrane barrier, and utility trench damns and conduit seals, potential hazardous impacts are reduced to a less than significant impact, ensuring a safe living environment for future residents. 5. The Project would include enhanced pedestrian walkways that provide access between the various uses and areas within the project site and to the surrounding public sidewalks and uses. 6. The new construction complies with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. Lot Line Adjustment In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the Newport Beach Municipal Code ("NBMC"), the following findings and facts in support of such findings are set forth: Findin : A. Approval of the lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot line adjustment is consistent with the legislative intent of the title. Facts in Support of Finding: 1. The General Plan Land Use Designation of Mixed Use Horizontal (MU -H2) will be maintained for the three proposed parcels. 2. The lot line adjustment is consistent with the purpose identified in Section 19.76 (Lot Line Adjustment) of the NBMC. The lot line adjustment constitutes a minor boundary adjustment involving three (3) adjacent lots. The original number of lots will remain unchanged after the adjustment. 3. The lot line adjustment does not negatively impact surrounding land owners, and will not in itself be detrimental to the health, safety, peace, comfort, and general welfare of 08-10-18 Planning Commission Resolution No. 2019-005 Paae 11 of 23 persons residing or working in the neighborhood, as the adjustment affects interior property lines between three (3) adjacent parcels. Finding: B. The number of parcels resulting from the lot line adjustment remains the same as before the adjustment. Facts in Support of Finding: 1. The proposed lot line adjustment will adjust the property line between three (3) contiguous parcels. The number of parcels remains the same as before the lot line adjustment. Finding: C. The lot line adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a lot line adjustment as long as none of the resultant parcels is more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment. Facts in Support of Finding: 1. The proposed parcels would remain within the Newport Place Planned Community Zoning District and subject to applicable development standards. 2. The lot line adjustment allows the reconfiguration of the underlying parcels to create a 0.5 -acre parcel to be deeded to the City for public park use consistent with General Plan requirements, a 0.11 -acre parcel for public parking for park use and emergency vehicle access for the mixed-use development, and 5.08 -acre parcel for the mixed-use development. There is no minimum site area for development meeting the development requirements of the Residential Overlay of the Newport Place Planned Community. Finding: D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a result of the lot line adjustment. Facts in Support of Finding: 1. Parcel 1 (mixed-use building) would maintain street frontage on Martingale Way, Corinthian Way, Scott Drive, and Dove Street. The Project would provide vehicular access from Scott Drive and Martingale Way. 2. Parcel 2 (emergency access and public parking) would maintain street frontage on Martingale Way. The park parking lot would provide vehicular access from Martingale Way. 08-10-18 Planning Commission Resolution No. 2019-005 Pape 12 of 23 3. Parcel 3 (public park) would maintain street frontage adjacent to Martingale Way and Dove Street. The park would provide pedestrian access to both streets. Finding: E. That the final configuration of the parcels involved will not result in the loss of direct vehicular access from an adjacent alley for any of the parcels that are included in the lot line adjustment. Facts in Support of Finding: 4. There are no public alleys adjacent to the proposed parcels; therefore, this finding does not apply. Finding: F. That the final configuration of a reoriented lot does not result in any reduction of the street side setbacks as currently exist adjacent to a front yard of any adjacent key, unless such reduction is accomplished through a zone change to establish appropriate street site setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side setbacks are appropriate, and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. Facts in Support of Finding: 1. The final configuration of the proposed parcels does not result in a requirement for revised setbacks since the Newport Place Planned Community development standards utilizes street side setbacks that shall continue to apply to the adjusted parcels. Affordable Housing Implementation Plan The proposed Affordable Housing Implementation Plan ("AHIP") is consistent with the intent to implement affordable housing goals within the City pursuant to Government Code Section 65915-65918 (State Density Bonus Law), Newport Place Planned Community Part III — Residential Overlay and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport Beach Municipal Code ("NBMC") for the following reasons: 1. Consistent with the affordable housing requirements pursuant to the Residential Overlay of the Newport Place Planned Community, thirty percent (30%) of the Project's apartment units (seventy-eight (78) units) would be set aside as affordable units to low- income households. Low-income households, are defined as households earning eighty percent (80%) or less of the area median income, adjusted for family size. Of the seventy-eight (78) affordable units provided, fifty-two (52) units would be set aside for households earning sixty percent (60%) or less of the area median income for a minimum term of fifty-five (55) years. The remaining twenty-six (26) affordable units 08-10-18 Planning Commission Resolution No. 2019-005 Paae 13 of 23 would be set aside for households earning eighty percent (80%) or less of the area median income for a minimum term of thirty (30) years. 2. The State Density Bonus Law and the City's Density Bonus Code provide for an increase in the number of units of up to thirty-five percent (35%) above the maximum number of units allowed by the General Plan, for projects that include a minimum of twenty percent (20%) (fifty-two (52) units, in the case of the proposed project) of the base units affordable to low-income households earning 60 percent or less of area median income. At the maximum density bonus of 35 percent, the Project is eligible for ninety-one (91) additional units above the 259 base units allowed by the General Plan for a total of 350 units. 3. In addition to the ninety-one (91) density bonus units and pursuant to Government Code Section 65915(d)(1), the Project is eligible to receive up to two (2) incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. Government Code Section 65915(e)(1) also entitles developers to waivers or modifications of development standards that, if applied, would physically preclude development of housing with the provided density bonus. The proposed project includes a request for one development concession for the unit mix and one waiver for the height. 4. Incentive Request: Pursuant to Section V.F.1 of the Residential Overlay, affordable units shall reflect the range of the number of bedrooms provided in the residential development project as a whole. In this case, the Project would provide a unit mix that includes a greater percentage of studio and one -bedroom units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two-bedroom units and affording additional rental income for the project to ensure financial feasibility. 5. Development Standard Waiver Request: Pursuant to Section V.A of the Residential Overlay, building heights are limited to a base height of fifty-five (55) feet, but may be increased through a site development review. Government Code Section 65915(e)(1) provides that a city may not apply a development standard that will have the effect of physically precluding the construction of the density bonus units at the density permitted under the density bonus law. In the case of the proposed project, a waiver of the fifty- five (55) -foot height limit development standard to allow a height of 77 feet 9 inches is requested to accommodate the parapet, rooftop mechanical equipment, elevator shafts, emergency staircase, the rooftop amenity deck, and a portion of the parking structure. Without the height allowance for the stairs, elevators, mechanical equipment, and parapet, sixty-three (63) of the ninety-one (91) density bonus units would need to be eliminated. Furthermore, limiting heights to fifty-five (55) feet would also result in the elimination of the rooftop amenity deck and upper level of parking structure, which are necessary to meet expectations of prospective tenants and to achieve market -rate rents to make the overall project financially viable, and provide the level of on-site amenities encouraged by the Residential Overlay, and reduce the impact of parking availability on neighboring streets. 08-10-18 Planning Commission Resolution No. 2019-005 Page 14 of 23 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Site Development Review No SD2017-004, Lot Line Adjustment No. LA2018-004, and Affordable Housing Implementation Plan No. AH 2018-001, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The Planning Commission hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF FEBRUARY, 2019. AYES: Ellmore, Koetting, Lowrey and Weigand NOES: None ABSTAIN: Kleiman, Kramer and Zak ABSENT: None foe CJ* I P, BY: ak, Chi an /P c��l�►/��.0 Lee LowKy, Secretary Exhibit A: Conditions of Approval X-15DINK Planning Commission Resolution No. 2019-005 Page 15 of 23 EXHIBIT "A" 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, building elevations, and landscaping plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach ("City") and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Site Development Review No. SD2017-004, Lot Line Adjustment No. LA2018-004 and Affordable Housing Implementation Plan No. AH2O18-001 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code ("NBMC'), unless an extension is otherwise granted. 4. The applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share and Transportation Corridor Agency fees shall be paid. 5. The proposed development shall consist of the following; a. A maximum of 350 apartment units, and b. A maximum of 7,500 square feet of non-residential floor area. 6. The allocation of 740 on-site parking spaces shall be as follows: a. 661 on-site parking spaces for residents and guest parking, b. 5 on-site parking spaces for apartment leasing, and c. 74 spaces on-site for non-residential uses. Parking requirements for the non- residential use shall be calculated in accordance NBMC Chapter 20.40 (Off -Street Parking). 7. A minimum of 78 apartment units shall be made affordable to low-income households consistent with the approved Newport Crossings Affordable Housing Implementation Plan (AH2O18-001) dated August 28, 2018. 8. Prior to the issuance of a building permit, an affordable housing agreement shall be executed in a recordable form as required by the City Attorney's Office. 08-10-18 Planning Commission Resolution No. 2019-005 Paae 16 of 23 9. On-site private recreational amenities as illustrated on the approved plans shall be provided and maintained for the duration of the project. 10. Commercial uses shall be permitted, or conditionally permitted, within the project consistent with the provisions of the Newport Place Planned Community Development Plan. 11. Prior to the issuance of a building permit, Lot Line Adjustment No. LA2018-004 shall be recorded. 12. Prior to the issuance of a building permit, the developer shall enter into an agreement with the City for park improvements, use, and on-going maintenance, subject to the review and approval of the Community Development Department, Recreation and Senior Services Department, and City Attorney's Office. 13. Signage shall be installed and maintained within the park clearly indicating the park is for general public uses, any parking restrictions (park users only), and the availability of public restrooms. The design and location of the park signage shall be reviewed and approved by the City Recreation and Senior Services Department and Community Development Department prior to fabrication and installation. 14. Park hours shall be restricted to between 8:00 a.m. to 8:00 p.m. Public access to restrooms for park users shall be provided during regular business hours. The agreement required per Condition No. 12 shall identify the location of the restrooms and guarantee public access. 15. Prior to the issuance of a certificate of use and occupancy for the last residential building, the improvements to the 0.5 -acre public park shall be completed by the applicant and the park parcel (Parcel 3 of Lot Line Adjustment No. LA2018-004) shall be deeded to the City. 16. The applicant shall comply with all project design features and mitigation measures contained within the approved Mitigation Monitoring and Reporting Program of the Newport Crossings Mixed -Use Project Environmental Impact Report No. ER2017-001 (SCH2O17101067). 17. Prior to the issuance of building permits, the applicant shall pay applicable school fees. 18. Prior to the issuance of building permits, the applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax). 19. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 08-10-18 Planning Commission Resolution No. 2019-005 Page 17 of 23 20. Prior to the issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 21. Prior to the issuance of 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 Division. 22. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 23. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of the Community Development Department, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 24. Prior to the issuance of building permits, the applicant shall prepare a 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. 25. Prior to the 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. 26. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs and unpaid costs incurred by City -retained consultants associated with the processing of this application to the Planning Division. 27. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other applicable noise control requirements. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 08-10-18 Planning Commission Resolution No. 2019-005 Paae 18 of 23 28. Construction activities shall comply with NBMC Section 10.28.040 (Construction Activity — Noise Regulations), 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. 29. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every lessee or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the mixed-use project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 30. Prior to the issuance of building permits, an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The project shall be attenuated in compliance with the report. 31. Signage shall be installed within the public park informing the public of the presence of operating aircraft at the John Wayne Airport. The final design and location of the signage shall be reviewed and approved by the City prior to installation. 32. Should the property be sold or otherwise come under different ownership, any future 08-10-18 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 50dBA 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 65dBA N/A 60dBA 28. Construction activities shall comply with NBMC Section 10.28.040 (Construction Activity — Noise Regulations), 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. 29. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district and proximity to airport. Each and every lessee or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the mixed-use project: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 30. Prior to the issuance of building permits, an acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Planning Division describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. The project shall be attenuated in compliance with the report. 31. Signage shall be installed within the public park informing the public of the presence of operating aircraft at the John Wayne Airport. The final design and location of the signage shall be reviewed and approved by the City prior to installation. 32. Should the property be sold or otherwise come under different ownership, any future 08-10-18 Planning Commission Resolution No. 2019-005 Paae 19 of 23 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 33. 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. 34. 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 NBMC Title 14 (Water and Sewers), including all future amendments (including Water Quality related requirements). 35. Refuse collection shall comply with the Waste Management Plan included in the approved plans. Applicant's property management company shall contract with a franchised hauler on the City list of authorized companies. 36. An easement for pedestrian purposes and emergency vehicular access shall be granted to the City for the off-street emergency vehicle staging area along the Scott Drive project frontage. A mountable 8 -inch cub shall be used. 37. An easement for emergency vehicular access and public park access and parking shall be granted to the City over Parcel 2 of the lot line adjustment. 38. 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 Newport Crossings Mixed -Use Project including, but not limited to, Site Development Review No. SD2017-004, Lot Line Adjustment No. LA2018-004, and Affordable Housing Implementation Plan No. AH2O18-001 (PA2017-107). 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 39. Fire hydrants shall be located within 400 feet of all portions of the building. Additional hydrants may be required dependent on fire flow calculations. 08-10-18 Planning Commission Resolution No. 2019-005 Paae 20 of 23 40. Blue hydrant identification markers shall be placed adjacent to fire hydrants. 41. Apparatus access roads shall be constructed of a material that provides an all-weather driving surface and capable of supporting 72,000 pounds imposed load for fire apparatus and truck outrigger loads of 75 pounds per square inch over a two -foot area. Calculations stamped and signed by a registered professional engineer shall certify that the proposed surface meets the criteria of an all-weather driving surface and is capable of withstanding the weight of 72,000 pounds per Newport Beach Fire Department ("NBFD") Guideline C.01. 42. The proposed emergency access on Scott Drive shall measure a minimum of 120 feet in length for a staging area with an additional 10 feet in length for transition on each end of the staging area, resulting in a total 140 feet. The curbing for the access area shall be a rolled curb and installed as per City of Newport Beach Public Works Department specifications. 43. All security gates (including at entrance to garage and interior of garage area) shall have an approved remote opening device for emergency services. Consult NBFD Guideline C.01 for gate requirements. 44. An automatic fire sprinkler system shall be required and installed as per California Fire Code (C.F.C.) Sec. 903. 45. Standpipe systems shall be provided as set forth in C.F.C. Sec. 905. Additional standpipes (due to access restrictions with design of project) shall be required in locations determined by the NBFD. 46. A fire alarm system shall be required and installed as per C.F.C. Sec. 907. 47. Effective emergency responder radio coverage (800 MHz) shall be required and comply with NBFD Guideline & Standards D.05 Public Safety Radio System Coverage. 48. All buildings and structures with one of more passenger service elevators shall be provided with no less than one medical emergency service elevator to all landings. The elevator car shall be of such a size to accommodate a 24 -inch by 84 -inch ambulance gurney or stretcher with not less than 5 -inch radius corners, in the horizontal, open position, shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42 -inch side slide door as per California Building Code Sec. 3002. Phase I and Phase II recall shall be required. 49. Smoke detectors shall be required for the individual dwelling units as per C.F.C. Sec. 907.2.11.1. 50. Dumpster locations shall meet NBFD Guideline & Standard A.16. 08-10-18 Planning Commission Resolution No. 2019-005 Page 21 of 23 51. Exterior walkways shall be designed to accommodate hand carrying of firefighter ladders for use of "ground" laddering of buildings. (The largest ladder utilized will be 35 - foot ladder with a storing length of 20.5 feet long.) 52. Exterior walkways shall be wide enough to accommodate gurneys. 53. Landscape shall not obstruct laddering to buildings. Trees shall be arranged to be absent from laddering areas of the building. 54. The emergency generator shall be filled from the exterior of the building via a remote fill pipe in a location approved by the Fire Department. 55. The mechanical ventilation system for the parking garage required by the California Mechanical Code ("CMC") 403.7, shall also include a manual switch. This allows the ventilation system to be operated (on or off) manually by emergency personnel. Building Division Conditions 56. The applicant is required to obtain all applicable permits from the City's Community Development Department - Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code (C.B.C). The construction plans must meet all applicable State Disabilities Access requirements. 57. 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. 58. Prior to the issuance of grading permits, the applicant shall prepare and submit a Final Water Quality Management Plan ("WQMP") for the proposed project, subject to the approval of the City's 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. 59. 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 08-10-18 Planning Commission Resolution No. 2019-005 Page 22 of 23 identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 60. Prior to the release for recordation of the lot line adjustment, the applicant shall apply for a building permit to demolish the existing buildings on-site, and all work fulfilling this permit shall be completed by the applicant and finalized by the Building Division. Public Works Conditions 61. Prior to the release for recordation of the lot line adjustment, the applicant shall submit to the Public Works Department for final technical review. 62. All improvements shall be constructed as required by City Ordinance and the Public Works Department. 63. An encroachment agreement shall be obtained for any private improvements within the public right-of-way per City Council L-6, Private Encroachments in Public Rights -of -Way. 64. An encroachment permit shall be obtained for all work activities within the public right- of-way. 65. The curb and gutter shall be reconstructed along the Dove Street, Scott Drive, Corinthian Way and Martingale Way frontages per City Standards. 66. A minimum six (6) -foot wide sidewalk shall be reconstructed along the Dove Street, Scott Drive, Corinthian Way and Martingale Way frontages per City Standards. Sidewalk may be located at the back of curb upon the prior approval from the Public Works Department. 67. New ADA compliant curb access ramps shall be constructed at the intersection of Dove Street and Scott Drive, Scott Drive and Corinthian Way, Corinthian Way and Martingale Way, and Westerly Place and Dove Street per City Standards. 68. Drive aisles shall be clear of all obstructions, including but not limited to, door swing, mechanical equipment, etc. 69. All parking spaces within the Subterranean Parking Level 1 shall be assigned parking spaces and a minimum five (5) -foot hammerhead/drive aisle extension shall be provided. Dead-end drive aisles shall not be permitted in any other parking areas. 70. The proposed driveways shall be installed per City Standard STD- 161-L with a minimum 15 -foot radius. Pedestrian easements may be necessary to accommodate ADA compliant paths. 71. The proposed parking layout and on-site circulation shall be reviewed and approved by the City Traffic Engineer. The proposed parking layout, including parking spaces and aisle widths, shall be per City Standard STD -805 -L-A and STD -805-L-8. 08-10-18 Planning Commission Resolution No. 2019-005 Page 23 of 23 72. All proposed water and sewer connections for the proposed development shall be reviewed and approved by the Public Works and the Utilities Departments and constructed per City Standards. 73. A final sewer and water demand study shall be submitted for review and approval by the Public Works and Utilities Departments. The applicant is responsible for all required upgrades to the City's sewer and water system that is necessary to accommodate the proposed project. 74. A final hydrology and hydraulic analysis shall be prepared for the proposed direct connection into the City's storm drain line. The applicant is responsible for all required upgrades to the City's storm drain system necessary to accommodate the proposed project. 75. All improvements shall comply with the City's sight distance requirement per City Standard 110-L. Planting within the limited use area shall have a growth characteristic of less than twenty-four (24) inches in height. 76. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector. 77. Prior to the issuance of building permits, City easements for pedestrian purposes, emergency vehicular access, and park access and parking, shall be recorded. 78. All move-ins/move-outs, deliveries and trash pickup shall be accommodated entirely on- site. Use of the public right of way shall be prohibited. 79. Prior to the issuance of building permits, a construction management plan shall be submitted, reviewed and approved by the Community Development Director and City Traffic Engineer. 80. Prior to the issuance of building permits, a parking management plan shall be submitted, reviewed and approved by the Community Development Director and City Traffic Engineer. 81. The final design of the bollards in the park shall be reviewed and approved by the Fire Department and Public Works Department. 82. All street trees planted within the public right-of-way shall be a minimum of thirty-six (36) -inch box. Tree species shall be per City Council Policy G-6. Final review and approval of street trees and shrubs shall be per the Public Works Department's Municipal Operations Division. 08-10-18