Loading...
HomeMy WebLinkAbout09 - Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Ave - Amended PagesApril 28, 2020 EXHIBIT B Item No. 9 CONDITIONS OF APPROVAL PLANNING DIVISION 1. The Project 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. The use of the building shall be limited to general office only in order to comply with accessibility provisions as required by the California Building Code. A change of use on the second floor from a general office would require an elevator, a compliant stairway to the second floor level and an accessible parking on the second level parking deck. 3. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines. 4. Exterior lighting standards shall be no more than twenty (20) feet in height. 5. Wall pack lighting shall be prohibited. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 6. Prior to final of building permits, a nighttime lighting inspection shall be conducted to confirm lighting will not cause a nuisance to adjacent residential properties. 7. 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 Community Development, 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. 8. 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. 9. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 10. 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. 11. Debris from demolition shall be removed from work areas each day and removed from the Project 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. 12. 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. 13. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 14. Revisions to the approved plans may require an amendment to this Coastal Development Permit and Conditional Use Permit or the processing of a new coastal development permit, and/or conditional use permit. 15. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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/or Conditional Use Permit. 17. This Coastal Development Permit and Conditional Use Permit may be modified or revoked by the Planning Commission 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. 18. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 19. Prior to the 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. Page B-2 20. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Project file. 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 Coastal Development Permit, and/or Conditional Use Permit. 21. Prior to the issuance of a building permit, the Applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought -tolerant plantings, non-invasive plant species and water -efficient irrigation design. 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. 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. 24. 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. 25. This Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 and Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. Page B-3 26. 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 Garden Office and Parking Structure including, but not limited to, Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 (PA2019- 023). 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 27. Fire access roads will be required as per California Fire Code (CFC) Section 503.1.1 and Newport Beach Fire Department Guideline C.01 and C.02. 28. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities and buildings are hereafter constructed or moved into or within the jurisdiction. CFC Section 507.1 29. Fire flow shall be determined as per City of Newport Beach Guideline B.01. CFC Section 507.3. 30. Fire hydrants shall be provided and located within 400 feet of all portions of the building. CFC Section 507.5.1. 31. Public Safety Radio Coverage will be required as per CFC Section 510.1 and City of Newport Beach Guideline D.05. 32. Standby power shall be provided for emergency responder radio coverage systems as required in CFC Section 510.4.2.3. The standby power supply shall be capable of operating the emergency responder radio coverage system for a duration of not less than twenty four (24) hours. CFC Section 604.2.3. BUILDING DIVISION 33. Accessible parking stalls shall comply with Section 11 B-502 of the California Building Code (CBC). 34. Accessible path of travel shall comply with Section 1113-402 of the CBC; steps/stairs not permitted as part of the accessible path. 35. The trellis element shall comply with 602 and 705 of the CBC for the exterior construction opening requirement. 36. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 37. 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. 38. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: 39. Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two (2) 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. Page B-5 • 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 (6) -inch surface layer, subject to review/discretion of the geotechnical engineer. 40. Prior to the issuance of a grading permit, 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 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. 41. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a WQMP for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate BMPs to ensure that no violations of water quality standards or waste discharge requirements occur. 42. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the Project to minimize the likelihood that pollutants will be used, stored or spilled on the Project that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non- structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable, Treatment Control) BMPs. PUBLIC WORKS DEPARTMENT 43. All improvements shall be constructed as required by Ordinance and the Public Works Department. 44. All improvements shall comply with the City's sight distance requirement per City Standard STD -110-L, including project driveway approaches and the Avon Street and Riverside Drive intersection. 45. An encroachment permit is required for all work activities within the public right-of- way or park area. 46. Prior to the issuance of building permits, the parking layout shall comply with City Standard STD -805 -L-A and STD -805 -L -B. Dead end drive aisles shall be accompanied by a dedicated turnaround space and a minimum five (5) -foot drive aisle extension. The ramp slopes shall be limited to fifteen (15) percent maximum. The slope change shall be limited to eleven percent maximum and minimum five (5) foot intervals. 47. Prior to final of building permits, the public parking layout along Avon Street shall comply with City Standards with nine (9) foot wide parking spaces at each end. The parking meter posts shall be relocated to accommodate the new parking layout. Final design shall be subject to review and approval by the City Traffic Engineer. 48. Prior to final of building permits, the existing sewer lateral shall be abandoned at the property line. A new sewer lateral and sewer clean out shall be installed per City Standard STD -406-L. 49. Prior to final of building permits, the applicant shall be required to upgrade/reconstruct all non-compliant water services per City Standard. 50. Structural encroachment, including but not limited to, caissons, retaining walls, and tie -backs are prohibited within the public -right-of-way. 51. Prior to final of building permits, applicant shall be required to landscape all portions of disturbed or damaged landscaping within the park or parkway areas per the direction of the Public Works Department. 52. Prior to the issuance of building permits, proposed encroachments, including handrails within the existing street easement along Avon Street shall be removed and relocated to an area outside of the easement. 53. If valet parking is proposed, a valet operation plan shall be prepared and submitted for review and approval by the Community Development Director and City Traffic Engineer. Parking in drive aisles shall be prohibited as part of the valet operation unless the entire parking lot is valet parked. Page B-7 54. 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 prior to final of building permits. 55. County Sanitation District fees shall be paid prior to the issuance of any building permits. 56. Prior to the commencement of demolition and grading of the project, the Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 57. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. PLANNING COMMISSION AND CITY COUNCIL CONDITIONS 58. Prior to the issuance of building permits, the Project plans shall be modified along the southerly fagade to provide a minimum four (4) foot deep landscape area between the pedestrian entrance to the lower level parking area and the enclosed office area to the greatest extent feasible. 59. Prior to the issuance of building permits, the Project plans shall be revised to eliminate the unused space area in front of the three (3) parking stalls adjacent to the office building on each level of the parking structure. The parking stalls shall be moved forward to increase the drive aisle width at these locations. 60. The Property owner shall take all reasonable steps to prohibit loitering in the parking structure, which may include signage or the provision of parking lot attendants or security personnel if required by the Community Development Director. 61. Prior to the issuance of building permits, the Project plans shall be modified to extend the proposed trellis at the upper deck of the parking structure across the eaNre both rows of parking spaces aIORg the southerly f.ORtage f,,.,,,,. AVOR c+.ee+ The trellis will be completely foliated with vines and other organic material to provide a green, landscape covering to help reduce noise and light spillage. 62. Exterior lighting shall be limited to the minimum necessary for site security after 44 9410:15 p.m. seven (7) days a week on the upper deck of the parking structure. 63. Vehicles shall not be allowed to enter or exit the upper level of the parking structure from X99 10:00 p.m. through 6:00 a.m. seven 7 days4y a week. 64. The Conditional Use Permit shall be subject to a six-month review by the Planning Commission following the issuance of a certificate of occupancy of building permits for the office and parking structure. 65. Prior to the issuance of demolition and grading permits, the City Arborist will review the project's plans for conformity with applicable City regulations. A4-66. Prior to the issuance of grading permits, the Project Applicant or Project Developer will retain a licensed arborist to observe construction of the project to ensure compliance with Council Policy G-1 (Retention, Removal and Maintenance of City Trees) related to Special Trees and the City Arborist's findings.