HomeMy WebLinkAbout02_ McDonald's Demolition and Temporary Parking Lot CDP & Limited Term Permit_PA2018-048CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 15, 2018
Agenda Item No. 2
SUBJECT: McDonald's Demolition and Temporary Parking Lot (PA2018-048)
Coastal Development Permit No. CD2018-021 and Limited Term Permit No.
XP2018-001
SITE LOCATION: 2807 Newport Boulevard
APPLICANT: City of Newport Beach
OWNER: City of Newport Beach
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, Iwestmoreland@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
• General Plan: CV (Visitor Serving Commercial)
• Zoning District: CV (Commercial Visitor -Serving)
• Coastal Land Use Category: CV -A (Visitor Serving Commercial) — (0.0 - 0.75 FAR)
• Coastal Zoning District: CV (Commercial Visitor Serving)
PROJECT SUMMARY
A coastal development permit is requested to demolish an existing, vacant McDonald's
drive-thru restaurant building of approximately 1,757 square feet (and related
appurtenances) and slurry seal and restripe the existing parking lot in its current
configuration with 26 spaces. The limited term permit is requested to allow for use of the
existing property as a parking lot on a temporary basis for up to one year.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 and 15304 under Class 3 (New Construction or
Conversion of Small Structures) and Class 4 (Minor Alterations to Land) because it
has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. approving Coastal Development
Permit No. CD2018-021 and Limited Term Permit—No. XP2018-001 (Attachment No.
ZA 1).
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DISCUSSION
Land Use and Development Standards
• The subject property is located in the CV (Commercial Visitor -Serving) Coastal
Zoning District, which provides for commercial development and is consistent with
the City's Coastal Land Use Plan, General Plan, and Zoning Code. The existing site
contains a vacant McDonald's drive-thru restaurant with associated ancillary
features. A coastal development permit is required to demolish the existing
commercial building and associated features. The proposal also includes repairs and
improvements to the existing parking lot for future use, such as slurry seal, and
restriping.
• The CV designation allows the site to be used as a parking lot on a temporary basis
with the approval of a limited term permit. The applicant requests a limited term permit
to use the site as a parking lot for one year. Pursuant to Zoning Code Section
20.52.040 J, the Zoning Administrator may extend the time limit for the limited term
permit, upon request of the applicant and for good cause shown, up to a maximum
time equal to the original approval, but not to exceed twelve (12) additional months,
with a maximum of twenty-four (24) months total, in compliance with
Section 20.54.060 (Time Limits and Extensions).
• The proposed parking lot is a passive use, and no new buildings are currently
proposed onsite. The subject property is occupied by a vacant McDonald's drive-
thru building and is currently fenced to prevent people from trespassing on a vacant
site that may not be suitable for occupancy. The proposed project would allow the
vacant site to be utilized as a functional use and provide additional parking to the
area on an interim basis.
• The directly adjacent uses are nonresidential and include parking lots, commercial
buildings, and restaurants. The nearest residential area is located across Newport
Boulevard to the west, separated from the site by Newport Boulevard and public
parking lots. A mixed-use building that includes residential units is also located on
the bay to the east of the subject property across the intersection of 28th Street and
Newport Boulevard. Other mixed-use buildings are located along the northeast side
of Newport Boulevard. Traffic related to the proposed use would be negligible, only
consisting of individuals parking at the site. The temporary parking lot is not
supporting a specific use that would generate traffic.
• Use of the subject site for parking purposes in an existing parking lot would not
negatively impact residential uses in the vicinity.
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• Vehicular access to the site will remain the same and onsite parking lot circulation
will not change. The parking lot circulation and access have been reviewed and
approved by the Public Works Department.
Water Quality
• The project design addresses water quality with a construction erosion control plan
and a post construction drainage system that includes drainage and percolation
features designed to retain dry weather and minor rain event run-off on-site. Any
water not retained on-site is directed to the City's storm drain system.
Local Coastal Program and Public Access
• The project site is not located between the nearest public road and the sea or
shoreline. The proposed demolition does not include the construction of new
buildings or structures other than minor accessory features typical of parking lots
such as on-site signage. Onsite landscaping will be maintained.
The existing commercial site is currently enclosed with a fence and chain to restrict
access to the property while the site is vacant. The commercial site does not
currently provide any public access or views. Demolition of the existing vacant
structure could result in the elimination of potential blight. Therefore, demolishing
the existing commercial structure, and resurfacing and restriping the existing
parking lot will not affect the public's ability to gain access to, use, and/or view the
coast and nearby recreational facilities.
• Vertical access to the shoreline is available west of the subject property along 28th
Street, where there is a street end leading to the beach. There are no
improvements proposed off the property and no demolition materials would be
stored offsite that could impede access.
• The public beach is also the start of an existing boardwalk that provides lateral
access and views of the ocean along the beach. Based on the location of the
proposed demolition and limited scope of work, no impacts to public access would
occur.
• The proposed demolition of the existing commercial building complies with the
applicable sections of the Local Coastal Program because (a) it does not create any
new impediments to coastal access or views (as discussed above) (b) a coastal
development permit has been requested prior to the work being conducted (Section
21.16.020 General Requirements), (c) there are no environmentally sensitive areas
onsite or in the project vicinity because the site is completely developed with a
commercial building and surface lot with ornamental landscaping, (d) all work is
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contained to the project site, and (e) conditions of approval have been included in the
resolution to ensure compliance with the applicable requirements.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 and 15304 under Class 3 (New Construction or Conversion of Small
Structures) and Class 4 (Minor Alterations to Land) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
Class 3 exempts the demolition and removal of individual small structures including
offices and restaurants. Class 4 exempts public or private alterations in the condition of
land, which do not result in the removal of healthy, mature scenic trees. The proposed
slurry sealing and restriping of the parking lot constitutes as a minor alteration to the land.
Class 4 also exempts minor temporary use of land, including the use of the site for a
temporary parking lot.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. For additional information on
filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
Liz estmoreland, Assistant Planner
GBR/law
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Attachments
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ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Project Plans
5
Attachment No. ZA 1
Draft Resolution
ov12/2018
RESOLUTION NO. ZA2018-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2018-021 AND LIMITED TERM
PERMIT NO. XP2018-001 TO DEMOLISH AN EXISTING
COMMERCIAL BUILDING AND ALLOW THE LOT TO BE
SLURRY SEALED AND RESTRIPED FOR USE AS A PARKING
LOT ON AN INTERIM BASIS LOCATED AT 2807 NEWPORT
BOULEVARD (PA2018-048)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by the City of Newport Beach, with respect to property located at
2807 Newport Boulevard, requesting approval of a coastal development permit.
2. The lot at 2807 Newport Boulevard is legally described as Parcel 1 of Lot Line Adjustment
N.B.L.L.A 94-12.
3. The applicant proposes to demolish an existing vacant McDonald's building (and related
appurtenances) and slurry seal and restripe the parking lot in its current configuration with
26 spaces. The Limited Term Permit is proposed to allow for use of the existing property
as a parking lot on a temporary basis for up to one year.
4. The subject property is designated CV (Visitor Serving Commercial) by the General Plan
Land Use Element and is located within the CV (Commercial Visitor -Serving) Zoning
District.
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CV -A (Visitor Serving Commercial) — (0.0 - 0.75 FAR) and it is located within
the CV (Commercial Visitor Serving) Coastal Zone District.
6. A public hearing was held on March 15, 2018, in the Corona del Mar Conference Room
(Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303 and 15304, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 3 and
Class 4 respectively, because it has no potential to have a significant effect on the
environment.
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2. Class 3 exempts the demolition and removal of individual small structures including
offices and restaurants. Class 4 exempts public or private alterations in the condition of
land, which do not result in the removal of healthy, mature scenic trees. The proposed
slurry sealing and restriping of the parking lot constitutes as a minor alteration to the
land. Class 4 also exempts minor temporary use of land, including the use of the site for
a temporary parking lot.
SECTION 3. REQUIRED FINDINGS.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project includes demolition of an existing commercial building (containing approximately
1,757 square feet) and minor improvements to an existing parking lot (e.g. resurfacing,
restriping, signage). The project is located approximately 350 feet away from the sea or
shoreline, and is not located within the Coastal Commission Appeal Area.
2. The proposed demolition of the existing commercial building complies with the applicable
sections of the Local Coastal Program because (a) it does not create any new impediments
to coastal access or views (as discussed in in Finding B), (b) a coastal development permit
has been requested prior to the work being conducted (Section 21.16.020 General
Requirements), (c) there are no environmentally sensitive areas onsite or in the project vicinity
because the site is completely developed with a commercial building and surface lot with
ornamental landscaping, (d) all work is contained to the project site, and (e) conditions of
approval have been included to ensure compliance with the applicable requirements.
3. A demolition and erosion control plan have
are adequately addressed during demolition
adequate site drainage after demolition.
Finding:
been provided to ensure water quality concerns
. A drainage plan has been provided to allow for
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
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1. The project site is not located between the nearest public road and the sea or shoreline.
The proposed demolition does not include the construction of new buildings or structures
other than minor accessory features typical of parking lots. Onsite landscaping will be
maintained. The existing commercial site is currently enclosed with a fence and chain to
restrict access to the property while the site is vacant. The commercial site does not
currently provide any public access or views. Demolition of the existing vacant structure
could result in the elimination of potential blight. Therefore, demolishing the existing
commercial structure, and resurfacing and restriping the existing parking lot will not affect
the public's ability to gain access to, use, and/or view the coast and nearby recreational
facilities.
2. Vertical access to the shoreline is available west of the subject property along 28th Street,
where there is a street end leading to the beach. There are no improvements proposed off
the property site and no demolition materials would be stored offsite that could impede
access.
3. The public beach is also the start of an existing boardwalk that provides lateral access and
views of the ocean along the beach. Based on the location of the proposed demolition and
limited scope of work, no impacts to public access would occur.
Limited Term Permit (Over 90 Days)
In accordance with NBMC Section 20.52.040(G) (Limited Term Permits), the following findings
and facts in support of findings are set forth:
Finding:
A. The operation of the requested limited duration use at the location proposed and
within the time period specified would not be detrimental to the harmonious and
orderly growth of the City, nor 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 requested limited duration
use.
Facts in Support of Finding:
The use would be authorized for one year.
2. The proposed parking lot is a passive use, and no new buildings are currently
proposed onsite. The subject property is occupied by a vacant McDonald's drive-
thru building and is currently fenced to prevent people from trespassing on a vacant
site that may not be suitable for occupancy. The proposed project would allow the
vacant site to be utilized as a functional use and provide additional parking (26
spaces) to the area on an interim basis.
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4. Continued underutilization of the site as a vacant property could be detrimental to
the harmonious and orderly growth of the City and could potentially constitute a
hazard to the public convenience, health, interest, safety or general welfare of
persons residing or working in the neighborhood because it would maintain an
underutilized, possibly blighted, site. The proposed parking lot would increase
activity at the vacant property; however, the activity is not expected to be as intense
as the previous fast food drive-thru use. .
5. Historically, the existing parking lot was used for commercial parking to support the
McDonald's restaurant. The existing lot would be improved to provide an adequate
parking surface with the same number of spaces. Existing landscaped areas would
remain. Utilization of the parking lot for parking purposes would not change under
the proposed limited term conditions.
6. There are no improvements proposed that could impede Fire Department access
in the event of an emergency (e.g. walls, gates, new structures).
7. The directly adjacent uses are nonresidential in nature and include parking lots,
commercial buildings, and restaurants. The nearest residential area is located
across Newport Boulevard to the west, separated from the site by Newport
Boulevard and public parking lots. A mixed-use building that includes residential
units is also located on the bay to the east of the subject property across the
intersection of 28th Street and Newport Boulevard. Other mixed-use buildings are
located along the northeast side of Newport Boulevard. Use of the subject site for
parking purposes in an existing parking lot would not negatively impact residential
uses in the vicinity.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration
use without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the lot.
Facts in Support of Finding:
The subject lot currently contains a parking lot and would be utilized as a parking
lot under proposed conditions. Vehicular access and circulation offsite will not be
affected.
Proposed parking lot circulation and access has been reviewed and approved by
the Public Works Department.
3. Other than the repair and maintenance of the existing lot (resurfacing and
restriping the lot), no permanent construction is proposed at the site.
Finding:
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C. The subject lot is adequately served by streets or highways having sufficient width
and improvements to accommodate the kind and quantity of traffic that the limited
duration use would or could reasonably be expected to generate.
Facts in Support of Finding:
The subject lot would maintain adequate access from the segment of Newport
Boulevard bordering the site to the east and the segment of Newport Boulevard
bordering the site to the west. Vehicular access to the site will remain the same,
and onsite parking lot circulation will not change.
2. Traffic related to the proposed use would be negligible, only consisting of individuals
parking at the site. The temporary parking lot is not supporting a specific use that
would generate traffic.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by
the limited duration use would be available either on-site or at alternate locations
acceptable to the Zoning Administrator.
Fact in Support of Finding:
The project is a proposal to use an existing surface parking lot for parking purposes. The use of
a temporary parking lot on a site that previously was used for commercial parking would not
generate additional vehicular traffic.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
The General Plan and Zoning Code establish the policies and implementing
regulations to promote public health, safety, general welfare, economic vitality of
neighborhoods, as well as the orderly development of the City, and to ensure the
beneficial development of the City. The site is designated for Visitor Serving
Commercial, and although the use is not commercial, it is temporary and does
not preclude future use of the site.
2. The use will not be detrimental to surrounding uses, and allow an inactive site to
be actively utilized for parking on a temporary basis, thereby furthering the intent
of the General Plan and Zoning Code.
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3. Pursuant to Table 21.20-1 Allowed Uses of the Local Coastal Program
Implementation Plan, temporary use of the site for parking is allowed in the CV
(Commercial Visitor -Serving) Coastal Zoning District.
4. The temporary parking lot is conditioned such that it will comply with all applicable
provisions of the General Plan, Municipal Code, and other City regulations.
5. The subject lot is not located within a specific plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-021 and Limited Term Permit No. XP2018-001, 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 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City's certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF MARCH, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
3. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
4. This Coastal Development Permit does not authorize any development seaward of the
private property.
5. Best Management Practices (BMP's) and Good Housekeeping Practices (GNP's) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Demolition and Erosion Control Plan.
6. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
7. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
8. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
9. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
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 this Coastal
Development Permit.
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12. This Coastal Development Permit and/or Limited Term Permit may be modified or
revoked by the Zoning Administrator if determined that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health, welfare
or materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
13. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit "A" shall be incorporated into the Building Division and field sets of
plans.
14. 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.
15. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
16. This Coastal Development Permit No. CD2018-021 and Limited Term Permit No. XP2018-
001 shall expire unless exercised within 24 months from the date of approval as specified
in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
17. 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 McDonald's Demolition and Temporary Parking Lot including, but not limited
to, Coastal Development Permit No. CD2018-021 and Limited Term Permit No. XP2018-
001. 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.
12-21-2017
Attachment No. ZA 2
Vicinity Map
01/12/2018
25
VICINITY MAP
Coastal Development Permit No. CD2018-021 and
Limited Term Permit No. XP2018-001
(PA2018-048)
2807 Newport Boulevard
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Attachment No. ZA 3
Project Plans
01/12/2018
27
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DEMOLITION NOTES
1. SITE TO BE FENCED AT A HEIGHT BETWEEN 72 AND 84 INCHES USING A CHAIN LINK
2. ALL DEBRIS SHALL BE WET AT TIME OF HANDLING TO PREVENT DUST.
3. SEWER LINE SHALL BE CAPPED.
4. ALL FILLS SHALL BE CLEAN AND UNIFORM.
5. STREETS AND SIDEWALKS ARE TO REMAIN CLEAN AND FREE OF ANY OBSTRUCTIONS.
6. EROSION CONTROL DEVICES SHALL BE AVAILABLE ON-SITE BETWEEN OCTOBER 15 AND MAY 15.
7. BETWEEN OCTOBER 15 AND MAY15, EROSION CONTROL MEASURES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHENEVER THE FIVE-DAY PROBABILITY OF RAIN EXCEEDS 30 PERCENT.
DURING THE REMAINDER OF THE YEAR, THEY SHALL BE IN PLACE AT THE END OF THE WORKING DAY, WHENEVER THE DAILY RAINFALL PROBABILITY EXCEEDS 50 PERCENT.
8. TEMPORARY DESILTING BASINS, WHEN REQUIRED, SHALL BE INSTALLED AND MAINTAINED FOR THE DURATION OF THE PROJECT.
9. PEDESTRIAN CANOPY REQUIRED ALONG NEWPORT BLVD BUILDING AND ENCROACHMENT PERMITS REQUIRED.
10. ALL EXISTING LANDSCAPING SHALL REMAIN.
11. EXISTING ON-SITE DRAINAGE SHALL REMAIN.
EROSION CONTROL NOTES
(MINIMUM BMP REQUIREMENTS FOR CONSTRUCTION ACTIVITIES FOR ALL DEVELOPMENT CONSTRUCTION PROJECTS)
1. IN CASE OF EMERGENCY, CALL OWNER AT (949) 644-3311.
2. A STAND-BY CREW FOR EMERGENCY WORK SHALL BE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON (OCTOBER 1 TO APRIL 15). NECESSARY MATERIALS SHALL BE AVAILABLE ON-SITE AND
STOCKPILED AT CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF EMERGENCY DEVICES WHEN RAIN IS IMMINENT.
3. EROSION CONTROL DEVICES SHOWN ON THIS PLAN MAY BE REMOVED WHEN APPROVED BY THE BUILDING OFFICIEAL IF THE GRADING OPERATION HAS PROGRESSED TO THE POINT WHERE THEY ARE NO
LONGER REQUIRED.
4. GRADED AREAS ADJACENT TO FILL SLOPES LOCATED AT THE SITE PERIMETER MUST DRAIN AWAY FROM THE TOP OF SLOPE AT THE CONCLUSION OF EACH WORKING DAY. ALL LOOSE SOILS AND DEBRIS
THAT MAY CREATE A POTENTIAL HAZARD TO OFF-SITE PROPERTY SHALL BE STABILIZED OR REMOVED FROM THE SITE ON A DAILY BASIS.
5. ALL SILT AND DEBRIS SHALL BE REMOVED FROM ALL DEVICES WITHIN 24 HOURS AFTER EACH RAINSTORM AND BE DISPOSED OF PROPERLY.
6. A GUARD SHALL BE POSTED ON THE SITE WHEN -EVER THE DEPTH OF WATER IN ANY DEVICE EXCEEDS 2 FEET. THE DEVICE SHALL BE DRAINED OR PUMPED DRY WITHIN 24 HOURS AFTER EACH RAINSTORM.
PUMPING AND DRAINING OF ALL BASINS AND DRAINAGE DEVICES MUST COMPLY WITH THE APPROPRIATE BMP FOR DEWATERING OPERATIONS.
7. THE PLACEMENT OF ADDITIONAL DEVICES TO REDUCE EROSION DAMAGE AND CONTAIN POLLUTANTS WITHIN THE SITE IS LEFT TO THE DISCRETION OF THE FIELD ENGINEER. ADDITIONAL DEVICES AS
NEEDED SHALL BE INSTALLED TO RETAIN SEDIMENTS AND OTHER POLUTANTS ON SITE.
8. DESILTING BASINS MAY NOT BE REMOVED OR MADE INOPERABLE BETWEEN NOVEMBER 1 AND APRIL 15 OF THE FOLLOWING YEAR WITHOUT THE APPROVAL OF THE BUILDING OFFICIAL.
9. STORM WATER POLLUTION AND EROSION CONTROL DEVICES ARE TO BE MODIFIED. AS NEEDED, AS THE PROJECT PROGRESSES. THE DESIGN AND PLACEMENT OF THESE DEVICES IS THE RESPONSIBILITY OF
THE FIELD ENGINEER. PLANS REPRESENTING CHANGES MUST BE SUBMITTED FOR APPROVAL IF REQUESTED BY THE BUILDING OFFICIAL.
10. EVERY EFFORT SHALL BE MADE TO ELIMINATE THE DISCHARGE OF NON -STORM WATER FROM THE PROJECT SITE AT ALL TIMES.
11. ERODED SEDIMENTS AND OTHER POLLUTANTS MUST BE RETAINED ON-SITE AND MAY NOT BE TRANPORTED FROM THE SITE VIA SHEET FLOW, SWALES, AREA DRAINS, NATURAL DRAINAGE COURSES, OR
WIND.
12. STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIALS MUST BE PROTECTED FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES OF WIND OR WATER.
13. FUELS, OILS, SOLVENTS, AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND NOT CONTAMINATE THE SURFACE WATERS.
14. EXCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON-SITE UNTIL THEY CAN BE
DISPOSED OF AS SOLID WASTE.
15. DEVELOPERS/CONTRACTORS ARE RESPONSIBLE TO INSPECT ALL EROSION CONTROL DEVICES AND BMP'S ARE INSTALLED AND FUNCTIONING PROPERLY IF THERE IS A40%CHANCE OF QUARTER INCH OR
MORE OF PREDICTED PRECIPITATION, AND AFTER ACTUAL PRECIPITATION. A CONSTUCTION SITE INSPECTION CHECKLIST AND INSPECTION LOG SHALL BE MAINTAINED AT THE PROJECT SITE AT ALL TIMES
AND AVAILABLE FOR REVIEW BY THE BUILDING OFFICIAL (COPIES OF THE SELF -INSPECTION CHECKLIST AND INSPECTION LOGS ARE AVAILABLE UPON REQUEST).
16. TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND.
17. SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITE BY VEHICLE TRAFFIC. THE CONSTUCTION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING
DEPOSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS.
18. ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF VEGETATION MUST BE STABILIZED SO AS TO INHIBIT EROSION BY WIND AND WATER.
19. CONTRACTOR TO ROUTINELY CLEAN ALL CATCH BASINS AND DRAIN LINES OF DEBRIS.
20. ADDITIONAL BMP'S WILL BE IMPLEMENTED AS DEEMED NECESSARY BY CITY INSPECTORS.
BMP FACTS SHEET
WM-1 MATERIAL DELIVERY AND STORAGE
PROVIDE A MATERIAL STORAGE AREA WITH SECONDARY CONTAINMENT AND OR WEATHER PROTECTION. NOTE THE MAINTENANCE PRACTICES AND SCHEDULE PROPOSED FOR THIS AREA.
WM-2 MATERIAL USE
HAZARDOUS MATERIALS, FERTILIZERS, PESTICIDES, PLASTERS, SOLVENTS, PAINTS, AND OTHER COMPOUNDS MUST BE PROPERLY HANDLED IN ORDER TO REDUCE THE RISK OF POLLUTION OR
CONTAMINATION. TRAINING AND INFORMATION ON PROCEDURES FOR THE PROPER USE OF ALL MATERIALS MUST BE AVAILABLE TO THE EMPLOYEES THAT APPLY SUCH MATERIALS.
WM-4 SPILL PREVENTION AND CONTROL
IDENTIFY SPILL PREVENTION AND CONTROL MEASURES THAT WILL BE TAKEN FOR ALL PROPOSED MATERIALS. IDENTIFY THE METHOD BY WHICH ACCIDENTAL SPILLS WILL BE CLEANED AND PROPERLY
DISPOSED OF.
WM-5 SOLID WASTE MANAGEMENT
PROVIDE DESIGNATED WASTE COLLECTION AREAS AND CONTAINERS. ARRANGE FOR REGULAR DISPOSAL. PROVIDE COVERED STORAGE WITH SECONDARY CONTAINMENT. CONTAINERS ARE REQUIRED TO
PROTECT WASTE FROM RAIN TO PREVENT WATER POLLUTION AND PREVENT WIND DISPERSAL.
WM-6 HAZARDOUS WASTE MANAGEMENT
HAZARDOUS MATERIALS MUST BE DISPOSED OF IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS. IDENTIFY THE PROPOSED METHODS OF DISPOSAL AND ANY SPECIAL HANDLING CONTRACTS
THAT MAY BE APPLICABLE.
WM-7 CONTAMINATED SOIL MANAGEMENT
PREVENT OR REDUCE THE DISCHARGE OR POLLUTANTS TO STORMWATER FROM CONTAMINATED SOIL AND HIGHLY ACIDIDC OR ALKALINE SOILS BY CONDUCTING PRE -CONSTRUCTION SURVEYS,
INSPECTING EXCAVATIONS REGULARLY, AND REMEDIATING CONTAMINATED SOIL PROPERLY.
WM-8 CONCRETE WASTE MANAGEMENT
STORE DRY AND WET MATERIALS UNDER COVER. AVOID ON-SITE WASHOUT EXCEPT IN DESIGNATED AREAS AWAY FROM DRAINS, DITCHES, STREETS, AND STREAMS. CONCRETE WASTE DEPOSITED
ON-SITE SHALL SET UP, BE BROKEN APART, AND DISPOSED OF PROPERLY. CONTAINMENT AND PROPER DISPOSAL IS REQUIRED FOR ALL CONCRETE WASTE.
WM-9 SANITARY/SEPTIC WASTE MANAGEMENT
UNTREATED RAW WASTEWATER IS NOT TO BE DISCHARGED OR BURIED. SANITARY SEWER FACILITIES ON-SITE ARE REQUIRED TO BE IN COMPLIANCE WITH LOCAL HEALTH AGENCY REQUIREMENTS.
SANITARY OR SEPTIC WASTES MUST BE TREATED OR DISPOSED OF IN ACCORDANCE WITH STATE AND LOCAL REQUIREMENTS.
TC -1 STABILIZED CONSTRUCTION ENTRANCE
A STABILIZED ENTRANCE IS REQUIRED FOR ALL CONSTRUCTION SITES TO ENSURE THAT DIRT AND DEBRIS ARE NOT TRACKED ONTO THE ROAD OR ADJACENT PROPERTY. MAINTENANCE OF SUCH A
SYSTEM IS REQUIRED FOR THE DURATION OF THE PROJECT, SUCH STABILIZATION MAY BE OF ROCK OR PAVED.
SEA SILT FENCE
SE -3 SEDIMENT TRAP
SE -8 GRAVEL BAGS
ERODED SEDIMENTS MUST BE RETAINED ON-SITE AND NOT PERMITTED TO ENTER THE DRAINAGE SYSTEM. REQUIREMENT MAY BE WAIVED AT THE SOLE DISCRETION OF THE CITY INSPECTOR IF OTHER
EROSION CONTROL BMPS ARE DEEMED INSUFFICIENT.
EXCAVATION NOTES
OBUILDING PAD AREA SHALL BE OVEREXCAVATED BELOW EXISTING FOUNDATIONS.
EROSION & SEDIMENT CONTROL NOTES
ALL BMPS SHALL BE IN ACCORDANCE WITH MODEL BMPS FROM THE CALIFORNIA STORMWATER BMP HANDBOOK FOR CONSTRUCTION AT WWW.CABMPHANDBOOKS.COM
OCONSTRUCT GRAVEL BAG EROSION CONTROL ALONG PROJECT DEMO AREA LINE. THE SAND BAGS SHOULD BE 24" WIDE AND 10" HIGH, MINIMUM PER DETAIL HEREON AND IN ACCORDANCE WITH BMP FACTS
SHEET # SE -8.
OCONSTRUCT GRAVEL BAG EROSION CONTROL ALONG CONSTRUCTION ENTRANCES. THE SAND BAGS SHOULD BE 24" WIDE AND 10" HIGH, MINIMUM PER DETAIL HEREON AND IN ACCORDANCE WITH BMP
FACTS SHEET # SE -8.
CONSTRUCTION ENTRANCE
EROSION & SEDIMENT CONTROL DETAILS
NO SCALE
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GRAVEL BAG LAYOUT
PROJECT NO SCALE
DEMO AREA
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CONSTRUCTION NOTES:
1. ALL EXISTING LANDSCAPING SHALL REMAIN. LANDSCAPING SHALL BE MAINTAINED BY THE
CONTRACTOR UNTIL THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CITY. AT WHICH
TIME, LANDSCAPING WILL BE MAINTAINED BY THE CITY OF NEWPORT BEACH MUNICIPAL
OPERATIONS DEPARTMENT.
2. EXISTING ON-SITE DRAINAGE SHALL REMAIN.
3. PARKING LOT SHALL BE SLURRY SEALED AND RESTRIPED PER CURRENT CONFIGURATION.
CURRENT NUMBER OF SPACES WILL BE MAINTAINED.
4. BACKFILL AT BUILDING PAD SHALL BE COMPACTED TO THE TOP OF CURB.
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Zoning Administrator- March 15, 2018
ITEM NO. 2a - ADDITIONAL MATERIALS
McDonald's Demolition and Temporary Parking Lot Coastal Development Permit and Limited Term (PA2018-048)
March 15, 2018, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher( immosher(a)vahoo.com ), 2210 Private Road, Newport Beach
92660 (949-548-6229)
Item 2. McDonald's Demolition and Temporary Parking Lot Coastal
Development Permit No. CD2018-021 and Limited Term Permit No.
XP2018-001 (PA2018-048)
1. The City Council agreed to purchase this property as part of Item 26 at its September 12,
2017, meeting.
2. Implementation Program 1.1 of the City's General Plan states that "when the City acquires
property for public purposes, such as streets and parks, the Planning Commission is
required to review this action and report on its consistency with the General Plan." I believe
the City missed that step, leaving some interested persons feeling they had been blindsided
and deprived of an opportunity to comment on the proposal to place a fire station at this
location.
3. Based on a quick reading of the present report:
a. It is unclear if the proposal is for free or paid parking. If it is for paid parking, where
would the pay stations be located?
b. Other than a notation on the final sheet that "backfill will be compacted to top of curb," it
is unclear what is being requested for the surface areas where the existing structures
are being demolished. Is the proposal to fence those areas, or otherwise make then
inaccessible for parking? If so, why? (the Zoning Administrator has allowed temporary
parking on relatively unimproved surfaces in other areas of the City: for example, Lower
Castaways and Newport Dunes)
c. Expanding on the preceding comment, rather than retaining the current commercial
parking configuration, after removing the structures and during its brief life as a parking
lot, couldn't a more efficient layout be devised that would better serve the public?