HomeMy WebLinkAbout1826 - APPROVE AMENDMENT TO UP _3100-3138 BALBOA BLVD AND 3101-3121 NEWPORT BLVDRESOLUTION NO. 1826
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 1
TO USE PERMIT NO. UP2010 -002 TO REDUCE THE OFF -
STREET PARKING REQUIREMENT BY THREE ADDITIONAL
PARKING SPACES FOR A TOTAL OF EIGHT PARKING
SPACES THROUGH AN AMENDMENT TO THE PARKING
MANAGEMENT PROGRAM FOR PROPERTY LOCATED AT
3100 -3138 BALBOA BOULEVARD AND 3101 -3121 NEWPORT
BOULEVARD (PA2010 -166).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Sean Whiskeman and Cory Chung, representing the property
owner, Catellus, with respect to property located at 3100 -3138 Balboa Boulevard and
3101 -3121 Newport Boulevard, and legally described as lots E, F, and H on Parcel Map,
as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder
in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G
on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council
of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page
939 of official records in the office of said County Recorder, also together with a portion
of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel
Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980,
requesting approval of a use permit.
2. The applicant proposes an amendment to Use Permit No. UP2010 -002 to revise the
parking management program and waive three additional parking spaces for a total of
eight of the required 243 parking spaces. The waiver would allow three outdoor dining
patios in conjunction with eating and drinking establishments in the shopping center.
3. The Zoning District is Commercial Neighborhood (CN) and the General Plan Land Use
Element category is Neighborhood Commercial (CN) for the subject property.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category for the subject property is Neighborhood Commercial (CN).
5. A public hearing was held on December 9, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
Planning Commission Resolution No. 1826
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project is categorically exempt under Section 15303, of the California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures). The Class 3 exemption applies to up to four
commercial buildings in urbanized areas not exceeding 10,000 square feet in floor
area on sites zoned for such use, if not involving the use of significant amounts of
hazardous substances where all necessary public services and facilities are available
and the surrounding area is not environmentally sensitive.
2. The subject property is zoned for retail use and the proposed project does not involve
significant amounts of hazardous substances and all necessary public services and
facilities are provided. The proposed project is consistent with this exemption and
involves a reduction in the parking requirement by three additional parking spaces for
a total of eight parking spaces to allow for the construction of three outdoor patio areas
within an urbanized area.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following
findings and facts in support of a use permit are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The General Plan land use category for this site is Neighborhood Commercial (CN). The
CN category is intended to provide for a limited range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. A retail shopping center is a
permitted use within this land use designation.
A -2. The shopping center will provide a variety of retail services, which will serve the
surrounding residential community. The proposed outdoor patios will allow for several
new tenants to occupy the shopping center, which will provide dining services to the
surrounding neighborhood. This will revitalize the project site and provide an economic
opportunity for the property owner to update the retail tenants and services, which best
serve the quality of life for the surrounding residential community.
A -3. The proposed project is consistent with relevant General Plan policies.
A -4. The subject property is not part of a specific plan area.
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Planning Commission Resolution No. 1826
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B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
B -1. The site is located in the CN (Neighborhood Commercial) Zoning District. The CN
Zoning District is intended to provide for areas appropriate for a limited range of retail
and service uses developed in one or more distinct centers oriented to serve primarily
the needs of and maintain compatibility with residential uses in the immediate area.
The shopping center is consistent with land uses permitted by the CN Zoning District.
B -2. The reduction in the parking requirement by three additional required off - street parking
spaces for a total reduction of eight parking spaces is permissible through a use permit
and the adoption of a parking management program for the subject property. The
parking demand study suggests that with the reduction in required parking and
implementation of the parking management program, sufficient parking will be
provided.
B -3. The project includes conditions of approval to ensure the welfare of the surrounding
community. All eating and drinking establishments will be required to obtain separate
use permits. Any separate discretionary approvals will regulate the operation of the
specific use within the project site. Nothing in this resolution and or conditions ensures
any square footage for outdoor dining for any restaurant use or application.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The proposed outdoor patios provide additional net public area outdoors rather than
within the establishment, which is compatible with the neighborhood's emphasis on
outdoor living. The pedestrian and bicyclist character of the surrounding community
fulfills the criteria to consider revised parking requirements for the development.
C -2. Eating and drinking establishments are common in the vicinity along the Balboa
Peninsula and are frequented by visitors and residents alike. Approving the reduction
in required parking will enable the proposed eating and drinking establishments with
accessory outdoor dining to move forward with the process to obtain individual use
permits and occupy the shopping center. The updated shopping center will improve
and revitalize the shopping center and the surrounding neighborhood.
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Planning Commission Resolution No. 1826
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Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
D -1. The location of the proposed outdoor dining patios are within existing pedestrian areas
on private property which do not encroach into the public right -of -way or reduce the
number of required parking spaces provided for the shopping center.
D -2. Public and emergency vehicle access and public services and utilities are not hindered
by the waiver of required parking or the location of the proposed outdoor dining patios.
D -3. The construction of the proposed outdoor patios will comply with all Building, Public
Works, and Fire Codes. All ordinances of the City and all conditions of approval will be
complied with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
E -1. The three space parking waiver for the proposed outdoor dining patios would not be
detrimental to the harmonious and orderly growth of the City and will contribute rather
than hinder public convenience. The three space parking waiver for the outdoor patios
does not jeopardize the health, interest, safety, or general welfare of residents in the
vicinity.
E -2. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the shopping center.
E -3. The size of the interior net public area for each of the proposed eating and drinking
establishments is generally smaller in relation to comparable establishments.
In accordance with Section 20.40.110.B.1 of the Newport Beach Municipal Code, the
following findings and facts in support of a reduction of the required parking are set forth:
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Planning Commission Resolution No. 1826
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Finding:
F. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot nearby, on- street parking available,
greater than normal walk in trade, mixed -use development)
Facts in Support of Finding:
F -1. A new parking study was not requested for the application because the shopping
center is currently undergoing renovation and a parking study conducted at this time
would not reflect the maximum parking demand for the shopping center during the
peak, summer season.
F -2. Based on use parking rates for the proposed expansion, not including the outdoor
dining areas, the parking study showed that the proposed project would create an
additional demand of 34 parking spaces with a total demand of 190 parking spaces.
The renovated shopping center provides a total of 235 parking spaces on site. Based
upon the parking study, the incremental demand for parking for the outdoor dining
areas can be accommodated by the available parking and that the requested parking
waiver will not create any significant parking short falls.
F -3. The three parking spaces required for outdoor patios area in excess of 25 percent of
the interior net public area (586 square feet) are waived. The patio floor area in excess
of the 25 percent allowance will be deducted from the 15 percent of gross floor area
limitation for eating and drinking establishment uses. This will help ensure that parking
demand is similar to what was concluded in the parking study.
Finding:
G. A parking management plan shall be prepared in compliance with Section 20.40.110.0
(Parking Management Plan) of the Zoning Code.
Facts in Support of Finding:
G -1. The approved parking management plan ha s
required parking by three additional parking
plan dated September 22, 2010.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
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been updated to reflect a reduction in the
spaces per the draft parking management
Planning Commission Resolution No. 1826
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The Planning Commission of the City of Newport Beach hereby approves Amendment
No. 1 to Use Permit No. UP2010 -002, 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 days after the adoption of this
Resolution 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.
PASSED, APPROVED AND ADOPTED THIS 91" DAY OF DECEMBER, 2010.
AYES: Eaton, Unsworth, Ameri, Toerge, and Hillgren
NOES: Hawkins and McDaniel
ABSTAIN: None
ABSENT: None
BY�
Earl Mc aniel, Chairman
BY:
W ii oerge, Secretary
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Planning Commission Resolution No. 1826
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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,
stamped and dated with the date of this approval. (Except as modified by applicable
conditions of approval.)
2. The development shall be in substantial conformance with the approved floor plans and
building elevations stamped and dated February 4, 2010. (Except as modified by
applicable conditions of approval.) [Reso. No. 1800]
3. Amendment No. 1 to Use Permit No. UP2010 -002 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.
4. The three parking spaces required for outdoor patio areas in excess of 25 percent of
the interior net public area (586 square feet) are waived. The patio floor area in excess
of the 25 percent allowance will be deducted from the 15 percent of gross floor area
limitation for eating and drinking establishment uses.
5. The maximum allowable square footage for eating and drinking establishments shall
be 15 percent of 47,8 78 square feet (7,182 square feet).
6. All eating and drinking establishments will be required to obtain separate use permits.
Any separate discretionary approvals will regulate the operation of the specific use within
the project site. Nothing in this resolution and or conditions ensures any square footage
for any restaurant use or application.
7. The subject property shall provide a minimum of 235 parking spaces. The subject
property shall comply with the approved Parking Management Program dated November
22, 2010 and the amendment to the Parking Management Program shall be subject to
the approval of the Planning Director.
8. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
outdoor dining areas in excess of 25 percent of the interior net public area in accordance
with Chapter 15.38 of the Newport Beach Municipal Code.
9. Resolution No. 1800 supersedes Planning Commission Use Permit Nos. UP390,
UP464, UP698, UP1551, UP1973, UP2067, UP2069, UP3008, UP3280, UP3511, and
UP3634 which upon vesting of the rights authorized by this application, shall become
null and void six months following the issuance of building permits for the proposed
project. [Reso. No. 1800]
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Planning Commission Resolution No. 1826
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10. Use Permit No. UP2009 -037 to allow the height of the new fagade to exceed the base
height limit of 26 feet and Use Permit No. UP 2010 -002 to waive five, required, off - street
parking spaces shall expire unless exercised within 24 months from the date of approval
as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted. [Reso. No. 1800]
11. All signs on the subject property shall comply with the sign matrix and conditions of
approval for Comprehensive Sign Program No. CS2009 -001 (PA2009 -004). [Reso.
No. 1800]
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. [Reso. No. 1800]
13. 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 Use
Permit. [Reso. No. 1800]
14. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions. [Reso. No. 1800]
15. These Use Permits may be modified or revoked by the City Council or Planning
Commission should they determine 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. [Reso. No. 1800]
16. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to the Use Permit(s) or the
processing of a new Use Permit. [Reso. No. 1800]
17. 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. [Reso. No. 1800]
18. 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 Planning Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Planning Director
may order the dimming of light sources or other remediation upon finding that the site
is excessively illuminated. Cut -off fixtures are required at the perimeter of the subject
property. [Reso. No. 1800]
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Planning Commission Resolution No. 1826
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19. Prior to the issuance of building permits, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Department. The
survey shall show that lighting values are 1" or less at all property lines. [Reso. No.
1800]
20. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher: [Reso. No. 1800]
21. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department. [Reso. No. 1800]
22. 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.
current business owner, property owner or the leasing agent. [Reso. No. 1800]
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays. [Reso. No. 18001
24. No outside paging system shall be utilized in conjunction with this establishment.
[Reso. No. 1800]
25. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes. [Reso. No. 1800]
26. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way. [Reso. No. 1800]
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Between the hours of
7:OOAM and 10:00PM
Between the hours of
10:00PM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located
within 100 feet of a commercial
property
45dBA
60dBA
45dBA
5OdBA
Mixed Use Property
45dBA
6OdBA
45dBA
5OdBA
Commercial Property
L N!A
65dBA
NIA
60dBA
21. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department. [Reso. No. 1800]
22. 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.
current business owner, property owner or the leasing agent. [Reso. No. 1800]
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays. [Reso. No. 18001
24. No outside paging system shall be utilized in conjunction with this establishment.
[Reso. No. 1800]
25. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes. [Reso. No. 1800]
26. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way. [Reso. No. 1800]
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Planning Commission Resolution No. 1826
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27. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises. [Reso. No. 1800]
28. 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
Department. 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). [Reso. No. 1800]
29. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Use Permit. [Reso. No. 1800]
30. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits. [Reso. No. 1800]
31. Parking for the shopping center shall require one space per 200 square feet or gross
floor area. Up to 15 percent of the total gross floor area of the entire shopping center
may consist of eating and drinking establishments, whose parking requirement is
greater than one space per 200 square feet. The size of the net public area for all
other eating and drinking establishments shall be limited so that the parking
requirement for the establishment does not exceed one space per 200 square feet of
gross floor area. [Reso. No. 1800]
32. The finished floor elevation for all new structures or additions to an existing structure
other than floor area used for parking shall be 9 feet above mean low water level (8.67
NAVD88). The maximum for the new fagade height shall be the greater of thirty (30)
feet above the high water line or thirty (30) feet above the side elevation. [Reso. No.
1800]
33. A new use permit shall be required for all uses requiring a use permit per Section
20.43.040 of the Zoning Code, SP -6 Commercial Land Use Regulations, prior to the
issuance of building permits to occupy the building following renovation of the
shopping center. [Reso. No. 1800]
34. Prior to issuance of building permits, the proposed project shall comply with the
requirements of Chapter 14.17 of the Municipal Code regarding water - efficient
landscaping. [Reso. No. 1800]
35. Delivery vehicles that access the rear loading dock shall be required to enter and exit at
the rear of subject property on 30th Street via Newport Boulevard. Delivery vehicle access
to and from the subject property from Balboa Boulevard via 30th Street shall be
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Planning Commission Resolution No. 1826
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prohibited. The applicant shall reconfigure the rear access to the subject property along
30th street to a single driveway not to exceed 60 feet in width to the satisfaction of the
traffic division of the Public Works Department without a loss of off -site parking. [Reso.
No. 1800]
36. Delivery vehicle operators shall be required to limit truck engine idling to a maximum of 5
consecutive minutes. [Reso. No. 1800]
37. A guardrail or bollards with reflectors that will prevent damage to adjacent residential
properties shall be installed along the southwest property line from 30th Street to the
alley. The location of the guardrail and bollards shall maintain a minimum 26- foot -wide
drive aisle through all parking areas. The design and location of the guardrail or
bollards shall be subject to the approval of the Public Works Director. All barriers shall
be skateboard proof. [Reso. No. 1800]
38. Trees in the parking areas shall be of a species determined by the General Services
Department to be compatible with the street trees specified for 32 "d Street. [Reso. No.
1800]
39. Storage in parking and vehicle circulation areas adjacent to residentially -zoned
properties shall be prohibited. [Reso. No. 1800]
40. Access shall be prohibited at all times in the 5 -foot area between the south fence and the
southwest proposed addition. [Reso. No. 1800]
41. 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 Landing including, but not limited to, Amendment
No. 1 to Use Permit No. UP2010 -002 and the determination that the project is exempt
under the requirements of the California Environmental Quality Act. 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
42. Fire lanes shall be required throughout the project site. [Reso. No. 1800]
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Planning Commission Resolution No. 1826
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43. Fire sprinklers are required for the proposed project. When the existing structure is
more than 5,000 square feet and the addition is 2,500 square feet or more, the entire
structure shall be equipped with an automatic sprinkler system throughout. Fire
sprinklers shall be required for the existing west tenant shops and the new addition to
the west tenant shops. Fire sprinklers shall be optional for the east tenant shops. The
sprinkler system shall be monitored by a UL certified alarm service company. [Reso.
No. 1800]
44. A Soil Gas Investigation and Mitigation Plan shall be prepared by a licensed California
Civil Engineer and Certified Geologist and submitted to the City Building and Fire
Departments for review and approval. [Reso. No. 18001
BUILDING DEPARTMENT CONDITIONS
45. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. 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. As required by the Building Department, approval
from the Orange County Health Department is required prior to the issuance of a building
permit for eating and drinking establishments. [Reso. No. 18001
46. DELETE
47. The applicant shall employ the following best available control measures ( "BACMs ") to
reduce construction - related air quality impacts: [Reso. No. 1800]
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 car pooling for construction workers.
• Limit lane closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• 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
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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 the geotechnical
engineer.
48. Prior to the issuance of aradina 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. [Reso. No. 1800]
49. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Department 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. [Reso.
No. 1800]
50. A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non - structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
[Reso. No. 1800]
51. Prior to issuance of building permits, the applicant shall provide a California Building
Code Compliance analysis prepared by a licensed architect to verify Code Compliance
including allowable building area. [Reso. No. 1800]
52. Prior to processing of the application for plan check submittal, the applicant shall
attend a preliminary code review with the Building Department. To schedule a
preliminary code review, the applicant may contact Faisal Jurdi by phone at (949) 644-
3277 or by email at fjurdie-newportbeachca.ciov. The preliminary code review is
charged at a rate of $170 per hour. [Reso. No. 1800]
53. The project foundation shall be designed to mitigate liquefaction effects. [Reso. No.
1800]
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54. Approval from the Orange County Health Department is required prior to the issuance of
building permits for eating and drinking establishments. [Reso. No. 1800]
PUBLIC WORKS CONDITIONS
55. A Final Parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply
with the City's CADD Standards. Scanned images will not be accepted. [Reso. No.
1800]
56. Prior to recordation of the Final Parcel Map, the surveyor /engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project. [Reso. No. 18001
57. All improvements shall be constructed as required by Ordinance and the Public Works
Department. [Reso. No. 1800]
58. An encroachment permit is required for all work activities within the public right -of -way.
59. All existing private, non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site shall be removed unless an Encroachment Agreement is applied
for and approved by the Public Works Department. [Reso. No. 18001
60. Reconstruct existing broken and /or otherwise damaged concrete sidewalk and curb
and gutter along the Newport Boulevard, 30th Street and 32nd Street. Limits of
replacement shall be at the discretion of the Public Works Inspector. [Reso. No. 1800]
61. Remove and replace existing driveway approach on Newport Boulevard. [Reso. No.
1800]
62. Proposed driveway approach on 32nd Street shall be constructed per City Standard
#160 -L -A. [Reso. No. 1800]
63. Balboa Boulevard is on the City's Moratorium List for Excavation. Trenching into the
pavement on Balboa Boulevard as a part of this development shall be avoided. If
trench work is performed on Balboa Boulevard as a part of this development, trench
resurfacing shall be per City Standard 105 -L -F. [Reso. No. 1800]
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64. Install two new 36 -inch box street trees into two new 4 -foot square tree wells on
Balboa Boulevard fronting the development. The tree species to be planted shall be
determined by the City Urban Forester. [Reso. No. 1800]
65. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of
the Newport Beach Municipal Code, additional street trees may be required and
existing street trees shall be protected in place during construction of the subject
project, unless otherwise approved by the General Services Department and the
Public Works Department through an encroachment permit or agreement. [Reso. No.
1800]
66. Parking lot layout shall be per City Standard #805 -L -A and B. [Reso. No. 1800]
67. Any improvements adjacent to driveway approaches shall comply with the City's sight
distance requirement per City Standard #110 -L. [Reso. No. 1800]
68. Damage to existing public improvements surrounding the development site by the
private construction shall be repaired and additional construction within the public
right -of -way may be required at the discretion of the Public Works Inspector. [Reso.
No. 1800]
69. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements. [Reso. No. 1800]
70. All applicable Public Works Department plan check fees, improvement bonds and
inspection fees shall be paid prior to processing of the map by the Public Works
Department. [Reso. No. 1800]
71. County Sanitation District fees shall be paid prior to issuance of any building permits, if
required by the Public Works Department or the Building Department. [Reso. No.
1800]
72. Additional Public Works improvements, including street and alley reconstruction, work
may be required at the discretion of the Public Works Inspector. [Reso. No. 1800]
73. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements if it is desired to record a parcel
map or obtain a building permit prior to completion of the public improvements. [Reso.
No. 1800]
74. Any proposed sewer and water service improvement to the shopping center and /or
individual tenants shall be approved by the Public Works and Utilities Departments.
[Reso. No. 1800]
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75. Any proposed gas and electrical service connection to the shopping center and /or
individual tenants shall be approved by The Gas Company, Southern California
Edison, Public Works Department, and Utilities Department. [Reso. No. 1800]
76. All on -site drainage shall comply with the latest City Water Quality requirements.
[Reso. No. 1800]
77. All existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements. The Public Works
Inspector shall field verify compliance with this requirement prior to recordation of the
parcel map. [Reso. No. 1800]
78. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport
Beach Municipal Code, approved street numbers or addresses shall be placed on all
new and existing buildings in such a location that is plainly visible and legible from the
street or road fronting the subject property. Said numbers shall be of non - combustible
materials, shall contrast with the background, and shall be either internally or
externally illuminated to be visible at night. Numbers shall be no less than four inches
in height with a one -inch wide stroke. The Planning Department Plan Check designee
shall verify the installation of the approved street number or addresses during the plan
check process for the new or remodeled structure. [Reso. No. 1800]
79. Prior to recordation of the Parcel Map, fair share fees for the additional square footage
parked at the General Commercial rate of $7,367 per thousand square feet
($47,996.01 for 6,515 square feet) shall be paid in accordance with City Ordinance 94-
19 of the Newport Beach Municipal Code. [Reso. No. 1800]
80. Coastal Commission approval shall be obtained prior to the recordation of the Parcel
Map. [Reso. No. 1800]
81. Parcel Map No. NP2009 -013 shall expire if the map has not been recorded within
three years of the date of approval, unless an extension is granted by the Planning
Director in accordance with the provisions of Chapter 19.16 of the Newport Beach
Municipal Code. [Reso. No. 1800]
75. Prior to 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.
[Reso. No. 1800]
76. 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
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construction vehicles shall be minimized by proper use of traffic control equipment and
flagman. [Reso. No. 1800]
UTILITIES DEPARTMENT CONDITIONS
77. All full service restaurants /establishments are required to have a grease interceptor.
[Reso. No. 1800]
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