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HomeMy WebLinkAboutZA2018-085 - COASTAL DEVELOPMENT PERMIT AND MINOR SITE DEVELOPMENT REVIEW TO DEMOLISH AN EXISTING MIXED-USE BUILDING AND CONSTRUCT A NEW MIXED-USE DEVELOPMENT - 509 31ST STREET12-21-2017 RESOLUTION NO. ZA2018-085 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-039 AND MINOR SITE DEVELOPMENT REVIEW NO. SD2018-001 TO DEMOLISH AN EXISTING MIXED-USE BUILDING AND CONSTRUCT A NEW MIXED-USE DEVELOPMENT LOCATED AT 509 31ST STREET (PA2018-090) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Laidlaw Schultz Architects on behalf of Gary Jabara, with respect to property located at 509 31st Street, requesting approval of a coastal development permit and minor site development review. 2. The Property is legally described as Parcel 1 of Block 530 of Resubdivision No. 591 in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 136, Page 8, of Miscellaneous Maps, in the Office of the County Recorder of said County. 3. The Applicant proposes the demolition of an existing two-story mixed use building and construction of a two-story mixed-use development that includes an artist's studio on the first floor and a residential unit on the second floor. The Project includes hardscape, landscape, and subsurface drainage facilities. The design complies with all applicable development standards and no deviations are requested. 4. The subject property is located within the MU-CV/15 Street (Mixed-Use Cannery Village and 15 Street) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal 4 (MU-H4). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-H (Mixed Use Horizontal). 6. A public hearing was held on July 26, 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 Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Zoning Administrator Resolution No. ZA2018-085 Page 2 of 13 12-21-2017 Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. The Class 3 exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units in urbanized areas. The proposed mixed-use development is consistent with all requirements of the Class 3 exemption, as it contains one mixed-use development on an existing nonresidential site in Balboa Village. 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 proposed development complies with applicable residential development standards including, but not limited to, floor area ratios, setbacks, height, open space, and parking. a. The maximum gross floor area allowable for residential uses is 5,580 square feet (i.e., floor area ratio [FAR] of 1.0). The proposed gross floor area for residential use is 1,581 square feet (0.28 FAR). b. The minimum gross floor area allowable for nonresidential uses is 1,395 square feet (i.e., FAR of 0.25) and the maximum allowable is 2,790 square feet (i.e., FAR of 0.50). The proposed gross floor area of the nonresidential use is 2,711 square feet (0.48 FAR). c. The proposed development provides the minimum required setbacks, which are 0 feet along the front property line abutting 31st Street, 0 feet along each side property line, and 10 feet along the rear property line abutting the alley. d. The highest guardrail is 26 feet from established grade (9.00 feet NAVD88) and the highest ridge is 31 feet from established grade, which comply with the maximum height requirements. e. The project includes a two-car garage for residential use, and three covered guest/commercial parking spaces for the artist studio component at a ratio of one space for every 1,000 square feet of gross floor area. Therefore, the project will comply with the minimum parking requirements. Zoning Administrator Resolution No. ZA2018-085 Page 3 of 13 12-21-2017 2. The neighborhood is predominantly developed with one- and two-story, commercial and mixed-use structures. There are several structures in the immediate area that are similar in height at two-stories. Additionally, the Cannery Lofts development consisting of three- story mixed-use buildings is located near the project to the southeast. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development in the Cannery Village area. 3. The Project has been designed such that it will be compatible with the scale of expected future development in the area. 4. The development is located on an inland property in a developed area more than 300 feet from the bay. The project site is separated from the bay (the nearest body of water) by Lafayette Avenue and an existing parking lot abutting the bay. The finished floor elevation of the first floor for the proposed structure is 9.00 feet based on the North American Vertical Datum of 1988 (NAVD88), which complies with the minimum 9.00 - foot (NAVD88) elevation standard for new structures. The identified distances from the coastal hazards areas coupled with the 9.00-foot (NAVD88) finish floor elevation, will help to ensure the project is reasonably safe for the economic life of the structure. 5. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 6. The project site is located more than 300 feet from the bay. 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. 7. Proposed landscaping complies with Implementation Plan Section 21.30.075. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. Finding: 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 . Zoning Administrator Resolution No. ZA2018-085 Page 4 of 13 12-21-2017 Fact in Support of Finding: 1. The project site is located on the Balboa Peninsula within the Cannery Village area. The project site is not located between the nearest public road and the sea or shoreline. The existing site is developed with a two-story mixed-use building and private parking lot. The site does not currently provide any views or access to/along the shoreline. Vertical access to the bay front is available along 31st Street in front of the project site. Lateral access along the bay is available via the Rhine. 2. The project site is not located adjacent to a coastal view road, public viewpoint, public park or beach, or public accessway, as identified in the Coastal Land Use Plan. Furthermore, an investigation of the project site and surrounding area did not identify any other public view or access opportunities on the site. The project site is not located within the viewshed of distant public viewing areas. The project is located on an inland lot and will replace an existing nonresidential structure with a new mixed-use structure (i.e., nonresidential) that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated future neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone or result in significant adverse impacts to public views. 3. The project will improve an underutilized property in a predominately mixed-use area, which will in turn help to enhance the visual quality of the Coastal Zone for visitors and residents. Site Development Review In accordance with Section 20.52.080.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C. Allowed within the subject zoning district. Fact in Support of Finding: 1. The subject property is located within the MU-CV/15 Street Zoning District, which allows multi-unit dwelling units, nonresidential uses and/or mixed -use (commercial/residential) structures; where the ground floor is restricted to nonresidential uses alo ng the street frontage. Residential uses and overnight accommodations are allowed above the ground floor and to the rear of uses along the street frontage. Mixed uses or nonresidential structures are required on lots at street intersections. The proposed development is a mixed-use development with commercial use on the ground floor, residential use on the second floor, and is allowed within the subject-zoning district. Zoning Administrator Resolution No. ZA2018-085 Page 5 of 13 12-21-2017 Finding: D. In compliance with all of the applicable criteria identified subsection [20.52.080](C)(2)(c): i. Compliance with this Section, the General Plan, the 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 development; and whether the relationship is based on standards of good design; 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 right(s)-of-way and compliance with Section 20.30.100 (Public View Protections). Facts in Support of Finding: 1. The Land Use Element of the General Plan designates the subject property as Mixed Use Horizontal 4 (MU-H4), which is intended to provide for multi-family residential, general or neighborhood commercial, and/or mixed-use structure; where the ground floor shall be restricted to nonresidential uses along the street frontage and the rear and upper floor uses for residential, including senior residential units and overnight accommodations. Mixed-use or commercial buildings shall be required on parcels at street intersections. The mixed-use development shall have floor area to land area (FAR) ratio of 1.5; where a minimum FAR ratio of 0.25 and maximum 0.5 shall be used for retail uses and a maximum of 1.0 for residential. The proposed development is consistent with the General Plan designation in that: a. The proposed project is designed as a vertically-integrated mixed-used structure, located on 31st Street between Villa Way and Lafayette Avenue. The Project will be occupied by a nonresidential use on the ground floor and a residential use will be located above the ground floor. b. The proposed development has 0.48 FAR for nonresidential uses and 0.28 FAR for residential uses totaling 0.76 FAR for a mixed-use development consistent with the MU-H4 land use category. 2. The proposed development complies with the MU-CV/15 Street Zoning District development standards of FAR, building setbacks, public and private open spaces, building height, and parking in that: a. The proposed development has 0.48 floor area ratio (FAR) for commercial use and 0.28 FAR for residential use. The commercial FAR meets the minimum 0.25 FAR and is less than the maximum 0.5 0 FAR. The residential FAR is less than Zoning Administrator Resolution No. ZA2018-085 Page 6 of 13 12-21-2017 the maximum 1.0 FAR. Together, the proposed project has 0.76 FAR for mixed- use development. b. The proposed development complies with the required setbacks of 0 feet for the front, 10 feet for the rear and 0 feet for each side. c. The proposed development consists of a 2-story building at 31 feet in height which is in compliance with the 26/31 height allowance. d. The proposed development provides a total of 225 square feet of common open space, where a minimum of 75 square feet is required per residential unit; and a total of 225 square feet of private open space where a minimum of 86 square feet (5% of gross floor area) is required per residential unit. e. A total of five parking spaces are provided. Two spaces would be within a 478- square-foot garage accessed from the alley. Three covered parking spaces (including one disabled parking space) will also be provided that are accessed from the alley. Parking for the proposed development complies with the parking requirements of two enclosed parking spaces for the single -residential unit and three guest/customer parking spaces for the artist studio component at a ratio of one space for every 1,000 square feet of gross floor area. 3. The proposed site layout provides efficient and direct vehicular access from an existing alleyway. Adequate pedestrian access and path of travel to the building will be provided from the existing sidewalk abutting 31st Street. The Public Works Department has reviewed and approved the site plan, proposed improvements, and parking configuration subject to the conditions of approval. 4. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with Section 20.30.100 (Public View Protections). 5. The proposed project has been designed to be compatible with the surrounding architecture in terms of bulk, scale, and aesthetic treatment. The subject property is located within Cannery Village, which includes other two-story mixed use developments that are similar in bulk and scale to the proposed two-story development. Also, Cannery Village is comprised of older industrial buildings. The proposed mixed-use development incorporates the industrial style into its design by using materials such as masonry, metal siding, stucco, and industrial wire glass. Finding: E. Not detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Zoning Administrator Resolution No. ZA2018-085 Page 7 of 13 12-21-2017 Facts in Support of Finding: 1. The proposed development will comply with all Building, Public Works, and Fire Codes, as well as all City ordinances and conditions of approval. 2. The Project has been conditioned 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. 3. The proposed project includes two enclosed parking spaces for the residential unit and three open parking spaces for the nonresidential use, which comply with the parking requirements for mixed-use, pursuant to the Municipal Code Section 20.40.040 (Off - Street Parking). 4. The proposed project design includes more than the minimum required private open spaces for the residential unit as required by the MU-CV/15 Street Zoning District Mixed- Use zoning district. 5. There are two existing street parking spaces along the frontage of the project site. Vehicular access to the project site will remain from the alley. Therefore, construction of the project would not result in the loss of street parking for public use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-039 and Minor Site Development Review No. SD2018- 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 26TH DAY OF JULY, 2018. Zoning Administrator Resolution No. ZA2018-085 Page 8 of 13 12-21-2017 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. Coastal Development Permit No. CD2018-039 and Minor Site Development Review No. SD2018-001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. A total of five parking spaces which consist of a two -car garage and three covered parking spaces shall be provided and maintained at all time. 4. The applicant shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in the proposed mixed-use development consistent with Section 20.48.130.H (Notification to Owners and Tenants) of the Municipal Code. 5. The finished first floor elevation for interior living areas (commercial area on the ground floor) shall be raised to at least 9.00 (NAVD 88) as the proposed development is located in a low-lying area prone to flooding. 6. The non-residential space shall be utilized for an artist’s studio or any use with an equivalent parking ratio of 1 space per 1,000 square feet or less. 7. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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 and Minor Site Development Review. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Site Development Review or the processing of a new Site Development Review. 10. 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 build ing permits. Zoning Administrator Resolution No. ZA2018-085 Page 9 of 13 12-21-2017 11. Prior to 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 file. The plans shall be identical to those approve d 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 action and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of building permits, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. Thes e landscape plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 13. 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 shal l be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 14. The site shall be in compliance with Zoning Code Section 20.30.070. If in the opinion of the Community Development Director, 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. 15. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 16. All noise generated by the proposed development shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7 a.m. 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 17. 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 either the Zoning Administrator Resolution No. ZA2018-085 Page 10 of 13 12-21-2017 current business owner, property owner or the leasing agent. 18. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 19. All trash shall be stored within the designated areas as approved by Community Development Department and screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 20. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 21. Storage outside of the building, in the front, side or at the rear of the property shall be prohibited. 22. 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 Jabara Mixed-Use Development including, but not limited to Coastal Development Permit No. CD2018-039 and Minor Site Development Review No. SD2018- 001 (PA2018-090). 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 23. Fire sprinkler system shall be required to be a NFPA 13 system due to the mixed occupancy. 24. Dumpsters with an individual capacity of 200 gallons or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eave lines per California Fire Code (CFC) Section 304.3.4. Zoning Administrator Resolution No. ZA2018-085 Page 11 of 13 12-21-2017 25. Vertical or horizontal separations between occupancies will be required as per CBC 508.4.4. 26. Garages shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than ½ inch in thickness, applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8 inch Type X gypsum board or equivalent and ½ inch gypsum board applied to structures supporting the separation from habitable rooms above the garage. Door opening between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 1 3/8 in thickness, or doors in compliance with Section 716.5.3 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching per CBC Sec. 406.3.4.1. 27. A fire flow needs to be determined for the structure. Refer to Fire Department Guideline (available on city web site) B.01.CFC 507.3. 28. Solar photovoltaic system must be installed as per Newport Beach Guideline D.04. The guideline establishes solar tile placement to allow for safe walking surfaces for firefighters on roofs to provide ventilation opportunities in the event of a fire. Building Division 29. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 30. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. Zoning Administrator Resolution No. ZA2018-085 Page 12 of 13 12-21-2017 • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of th e geotechnical engineer. Public Works 32. All improvements shall be constructed as required by Ordinance and the Public Works Department. 33. Reconstruct the concrete sidewalk, curb and gutter along the 31st Street project frontage per City Standard. 34. Curb drains shall be installed per City Standard STD-184-L. 35. No above ground improvements shall be installed within the 10-foot alley setback. The 10-foot alley setback shall be constructed of a drivable surface. 36. Each unit (residential and commercial) shall be served by its individual water meter, sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. Water meter and the sewer cleanout shall be located within the Public right-of-way. 37. An encroachment permit is required for all work activities within the public right -of-way. 38. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 39. All on-site drainage shall comply with the latest City Water Quality requirements. 40. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer later al shall then be capped where the wye used to be. 41. The existing public on-street parking spaces shall be protected in place. 42. Parking is prohibited on slopes greater than 5 percent. Zoning Administrator Resolution No. ZA2018-085 Page 13 of 13 12-21-2017 43. No encroachments shall be permitted within the public right of way.