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HomeMy WebLinkAbout1794 - ADOPT MND AND APPROVE AMENDMENT UP AND SR_2300 BONITA CANYON DRIVERESOLUTION NO. 1794 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION NO. ND2009 -001 AND APPROVING AMENDMENT NO. 1 TO USE PERMIT NO. UP2001 -036 AND SITE PLAN REVIEW NO. SR2009 -001 FOR DEVELOPMENT OF A RECTORY LOCATED AT 2300 BONITA CANYON DRIVE (PA 2008 -215). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Church of Jesus Christ of Latter -day Saints, with respect to property located at 2300 Bonita Canyon Drive, and legally described as PM271 -15 PAR 1, POR OR PARCEL requesting approval of an amendment to Use Permit No. UP2001 -036 and Site Plan Review No. SR2009 -001. 2. The applicant proposes a rectory with 1,825 square feet of living space and a 491 - square -foot, attached two -car garage at the southeast corner of the subject property. The proposed rectory is an accessory use to an existing place of religious assembly. The project includes the establishment of a 40 -foot fuel modification zone adjacent to the structure. 3. The subject property is located within the PC -50 (Bonita Canyon Planned Community) Zoning District and the General Plan Land Use Element category is Private Institutions (PI). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November.19, 2009 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on October 19, 2009 and ending on November 17, 2009. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. Planning Commission Resolution No. 1794 Paae 2 of 13 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached as Exhibit A and B are hereby adopted. The documents and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 5. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding A -1. The intent of the Sub -Area 7 public /semipublic designation of the PC -50 (Bonita Canyon Planned Community) Zoning District is to reflect an existing church on the property. Other instit utional and accessory uses are also permitted within this designation, subject to use permit approval. The proposed rectory is an accessory use to the existing place of religious assembly and is consistent with the uses permitted within Sub -Area 7 of the PC -50 (Bonita Canyon Planned Community) Zoning District. Planning Commission Resolution No. 1794 Page 3 of 13 A -2. The project site is separated from other uses by the LDS Temple and Stake Center complex, Bonita Canyon Creek Watershed open space area, and Bonita Canyon Drive. A -3. The rectory has been conditioned and mitigation measures and best management practices for construction have been provided to regulate the impact on neighboring land uses. A -4. The rectory is screened from view with landscaping and an existing sound wall along State Route 73. Therefore, the building is not a visual impact from Bonita Canyon Drive or State Route 73. A -5. Adequate parking is provided in the existing LDS Temple and within the rectory. Two additional enclosed parking spaces are provided for the increased parking demand of the rectory which is similar to a single -unit dwelling. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located,- will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding_ B -1. The proposed rectory will be located within an existing place of religious assembly designated to include such development. The PI (Private Institutions) designation of the General Plan allows for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The existing LDS Temple is a place for religious assembly and the proposed rectory is an accessory use which is consistent with this land use designation. B -2. The project has been conditioned to comply with the development and operational regulations pursuant to the PC -50 (Bonita Canyon Planned Community) District regulations as they relate to the operation and construction of the project. B -3. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. B -4. The proposed addition of the 2,316- gross- square -foot rectory to the existing 17,757 sq. ft. LDS Temple results in a floor area to land area ratio (FAR) of 0.05 for the subject property, which is below the maximum General Plan development limitation of 0.3 FAR permitted for the site (116,045 sq. ft.). Planning Commission Resolution No. 1794 Page 4 of 13 B -5. A condition of approval has been included requiring a building permit to be obtained for the construction of the proposed rectory, which will insure the building meets all applicable Code requirements pertaining to safety and accessibility. B -6. The use of the rectory will not create any unusual activity or noise that may impact the adjacent neighbors. Best management practices for construction and mitigation measures as provided in Appendix A and B of the MND (Attachment PC 3) for construction will help to minimize impacts to sensitive land uses such as residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. Finding: C. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: C -1. The proposed rectory has been conditioned to require a lighting plan which limits decorative exterior lighting next to the Bonita Canyon Creek Watershed open space area in order to minimize the impact to the adjacent habitat areas. C -2. If the Use Permit is approved, the conditions imposed on the use will reduce any possible detriment to the community by ensuring continued consistency with the intent and purpose of the PC -50 (Bonita Canyon Planned Community) District. Finding: D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A of the and conforms to all requirements of that Chapter, Facts in Support of Finding: D -1. The proposed rectory is not located in a residential Sub -Area of the PC -50 (Bonita Canyon Planned Community) Zoning District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby adopts Mitigated Negative Declaration No. ND2009 -001 set forth in Exhibit A and Mitigation Monitoring Report Program set forth in Exhibit B. Planning Commission Resolution No. 1794 Paqe 5 of 12 2. The Planning Commission of the City of Newport Beach hereby approves Amendment No. 1 to Use Permit No. UP2001 -036 and Site Plan Review No. SR2009 -001, subject to the conditions set forth in Exhibit C. 3. 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 19th DAY OF NOVEMBER, 2009. AYES: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren NOES: None BY: q t-0 obert Hawkins, Chairman BY: Q-a i L), l � Charles Unsworth, Secretary Planning Commission Resolution No. 1794 EXHIBIT "A" MITIGATED NEGATIVE DECLARATION (Available separate due to bulk) Planning Commission Resolution No. 1794 Page 7 of 13 EXHIBIT "B" MITIGATION MONITORING PROGRAM APPENDIX A MITIGATION MONITORING AND REPORTING PLAN LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN `. Implementation Method -.6V "K -�� HT Acilpriz ep Ira ion .... . .... . - Date " Aesthetics MM AEA Lighting shall be in compliance with applicable standards Condition of Plan check Prior to the Planning Department of the Zoning Code. Exterior on-site lighting shall be shielded and approval issuance of confined within site boundaries. No direct rays or glare are permits permitted to shine onto public streets or adjacent sites or create a public nuisance. 'Walpak" type fixtures are not permitted. A lighting plan shall be approved by the Planning Department prior to the issuance of building permits. MM AE.2 The site shall not be excessively illuminated based on Condition of Plan check Prior to the Planning Department the luminance recommendations of the Illuminating Engineering approval issuance of Society of North America, or, if in the opinion of the Planning permits 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. Night lighting adjacent to the ESA shall be the lowest illumination allowed for human safety, selectively placed, shielded, and directly away from preserved habitat at the maximum extent practicable. A lighting plan shall be approved by the Planning Department prior to the issuance of building permits. MM AE.3 Prior to the issuance of building permits, the applicant Condition of Plan check Prior to the Planning Department shall prepare photometric study in conjunction with a final lighting approval issuance of plan for approval by the Planning Department. permits LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN Implementation "', Methosl`of Timing Responsible Party Uer9frca #ion= Action '.Verification Date MM AEA Prior to issuance of the certificate of occupancy or final Condition of Evening field Prior to issuance Code and Water of building permits, the applicant shall schedule an evening approval inspection of final building Quality Enforcement inspection by the Code and Water Quality Enforcement Division permits and after Division to confirm control of light and glare. construction Biological Resources Condition of Qualified During surveys of Planning Department MM BRA If a federal- or state - listed endangered or threatened approval biological the project site or and Fire Department plant or wildlife species is found during surveys of the project site monitor during or project construction within the fuel modification zone, construction regardless of whether or not it is found during the blooming or breeding season, the resource agencies shall be notified and a consultation may be necessary regarding avoidance measures. The applicant shall work with the Fire Department to develop a strategy to protect the sensitive habitat areas from fuel modification and ongoing maintenance of the fuel modification zone. MM BR.2 Conduct protocol focused surveys to identify rare, Condition of Field During Planning Department threatened, or endangered plants in accordance with United approval inspections and construction and Fire Department States Fish and Wildlife Service (USFWS) guidelines (1997). If supervision by any rare, threatened, or endangered vegetation is observed, a qualified each plant shall be flagged and protected during construction. All biological brush clearing (except tree trimming and removal, see below) and monitor other construction activities within the fuel modification zone shall occur outside the general avian breeding season. All brush clearing and construction shall take place between September 16 and February 14 (i.e., outside of the general avian breeding season of February 15 through September 15). o Vegetation removal shall take place only under the LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN , - - tq -; rl-- TI'n— T- -1 -- -- 1— Responsible Party .. ........ . . ..... l — ji ilv io n supervision of a qualified biological monitor knowledgeable in the identification of sensitive plant species. The monitor shall flag sensitive and fire resistive plants so that the vegetation removal crew can avoid impacts to these species. o Tree trimming or removal shall only take place between September 16 and December 31 (i.e., outside the raptor breeding season of January 1 through September 15). MM BR.3 In compliance with the Migratory Bird Act, if vegetation Condition of Qualified Prior to issuance Planning Department removal within the project site (within the project footprint or fuel approval biological of building modification zone) must occur within the breeding season monitor and permits (February 15 through September 15), the following surveys shall construction be conducted prior to the issuance of building permits. These timeline surveys shall take place prior to vegetation removal and construction. • Conduct protocol focused surveys for the coastal California gnatcatcher in accordance with United States Fish and Wildlife Service (USFWS) guidelines (1997). • Survey for nesting activity of raptors within a 500-foot radius of the project site if vegetation removal must occur within the avian breeding season (February 15 through September 15). Surveys shall be conducted during appropriate nesting times and concentrate on mature trees. If any active nests are observed, the nest area shall be flagged and protected (while occupied) during construction. • Survey habitat in the project area and within a 300-foot radius. If any active nests are observed, the nest area shall be flagged and protected (while occupied) during construction. LIDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN III h- mi 0ti6Kf-'-`-'PXdthcW — . 1, -1.1 . .1 �, I , rnn Vdiffication" ------ '.11 Tl?xer Jca. MM BRA Conduct a field survey of the property boundary prior to Condition of Field survey Prior to issuance Planning Department issuance of building permits and stake the area proposed for fuel approval of building modification. Should the mixed willow series and/or mule fat permits. series fall within the proposed fuel modification zone, coordination with the City of Newport Beach Fire Department is recommended to completely avoid these communities during vegetation removal. IVINI BR.6 Ve getation removal shall take place outside of the Condition of Qualified Prior to issuance Planning Department avian breeding season in order to avoid disturbance to potentially approval biological of building nesting least Bell's vireo. If vegetation removal must take place monitor and permits. during the avian breeding season, bird surveys shall be construction conducted per recommendations described above in IV.a timeline (Biological Resources). Bird surveys shall be conducted prior to issuance of building permits. MM BR.6 Conduct a field survey of the property boundary prior to Condition of Field survey Prior to issuance Planning Department issuance of building permits and stake the area proposed for fuel approval of building modification to verify whether this drainage feature lies within the permits proposed fuel modification zone. MM BR.7 After the field study has been conducted and prior to Condition of Field survey Prior to issuance Fire Department the issuance of building permits, coordinate with the City of approval of building Newport Beach Fire Department to determine if this drainage permits feature can be completely avoided during fuel modification activities. If the bed, bank, channel and riparian vegetation within this drainage can be avoided entirely, Section 401, 404, and 1600 permits shall not be required. MM BR.8 If the field survey determines the drainage features Condition of Field survey Prior to issuance Building Department, I exist within the proposed fuel modification zone and cannot be PLI approval o building permits Army Corps of LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN 1- t'*t �1MANd'dildif . T . ... Res :--Vdfifiatibfi� - t �V .. ....... io::. avoided, a formal jurisdictional delineation shall be required prior Engineers, Regional to issuance of building permits to determine the impacts to Water Quality Control SCACE/RWQCB/CDFG jurisdictional waters. Agency Board, and coordination shall be required based on the findings of the formal Department of Fish delineation. and Game MM BR.9 Preparation of a Planting Plan that includes the Condition of Planting plan Prior to issuance Fire Department following techniques instrumental for hillside stabilization: approval of building permits • Describes an above-ground cutting method, leaving approximately I" stumps. • Provides a list of species for replacement planting that are instrumental for soil stability. These species shall be selected from the City of Newport Beach Urban Wildland Interface Area Standard for Hazard Reduction Fire Resistive Plant List. This list can be found in Appendix C of the Biological Reconnaissance Study conducted by Chambers Group, Inc. (Appendix C). These plants shall also be native in order to satisfy the recommendations provided below concerning wildlife movement corridors. • Provides direction in application of a soil binder to areas where plants are removed. • Replacement planting shall be part of an approved planting plan approved by the Fire Department prior to issuance of final building permits. • New plants added during regular maintenance shall be reviewed and approved by the Fire Department and updated on the approved planting plan. MM BR.110 During preparation of a Planting Plan as described I Condition of Planting p an Prior to issuance Fire Department LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN Implemen MR Moth d'of R esponsi, o_P Party Verification C 10 A ti Verification : Daite above, replacement planting recommendations for Zone B of the approval of building fuel modification zone shall consist, to the greatest extent permits feasible, of native plants characteristic of the California sagebrush scrub vegetation community already present within the ESA. In addition, these plants shall be selected for good hillside stabilization as described above. Replacement planting shall be part of an approved planting plan approved by the Fire Department prior to issuance of final building permits. MM BR.11 Replacement planting with native plants characteristic Condition of Planting Plan Prior to issuance Fire Department and of the California sagebrush scrub community, as mentioned approval of building Planning Department above, will minimize effects to the existing corridor. If this is not permits feasible, then an in-depth wildlife corridor study for the fuel modification buffer may be required. Replacement planting shall be part of an approved planting plan approved by the Fire Department prior to issuance of final building permits. MM BR.12 Signage on the boundary fencing shall state that Condition of Site plan and Prior to issuance Planning Department access to areas north and east of the project site is prohibited approval sign plan at of building except for required fuel modification maintenance. Plans for plan check permits signage shall be approved by the Planning Department prior to issuance of building permits. Cultural Resources MM CRA The archaeologist must be present at the pre-grading Condition of Attendance at Prior to issuance Building Department conference in order to establish procedures for temporarily approval pre-grading of permits and halting or redirecting work to permit the sampling, identification, conference and during and evaluation of artifacts if potentially significant artifacts are supervision by construction uncovered. If artifacts are uncovered and determined to be certified significant during construction, the archaeological observer shall archaeologist LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN VK pa Action .. Ver cation Utz` determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. IVIM CIR.2 Specimens that are collected prior to or during the Condition of Supervision by Prior to and Building Department grading process will be donated to an educational or research approval certified during grading institution. archaeologist IVIM CR.3 Any archaeological work at the site shall be conducted Condition of Supervision by During Building Department under the direction of the certified archaeologist during approval certified construction construction. If any artifacts are discovered during grading archaeologist operations when the archaeological monitor is not present, and field grading shall be diverted around the area until the monitor can inspections survey the area. MM CRA A final report detailing the findings and disposition of Condition of Final After grading and Building Department the specimens shall be submitted to the Building Department approval archaeological prior to issuance prior to issuance of final building permits. Upon completion of report of final building grading, the archaeologist shall notify the City as to when the final permits report will be submitted. MM CR.5 The paleontologist must be present at the pre-grading Condition of Attendance at Prior to issuance Building Department conference in order to establish procedures to temporarily halt or approval pre-grading of building redirect work to permit the sampling, identification, and evaluation conference and permits and of fossils. If potentially significant materials are discovered during supervision by during construction, the paleontologist shall determine appropriate certified construction actions in cooperation with the property owner/developer for paleontologist exploration and/or salvage. MM CIR.6 Specimens that are collected prior to or during the Condition of Supervision by Prior to and Building Department grading process will be donated to an appropriate educational or . approval certified during grading LIDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN Ir Implementation Mettiod of Timing Responsible Party Venficetwn '. i if @a Date ' -4 research institution. paleontologist MM CR.7 Any paleontological work at the site shall be conducted Condition of Supervision by During Building Department under the direction of the certified paleontologist during approval certified construction construction. if any fossils are discovered during grading paleontologist operations when the paleontological monitor is not present, and field grading shall be diverted around the area until the monitor can inspections survey the area. IVIM CR.8 A final report detailing the findings and disposition of Condition of Final After grading and Building Department the specimens shall be submitted to the Building Department approval paleontological prior to issuance prior to issuance of final building permits. Upon the completion of report of final building grading, the paleontologist shall notify the City as to when the permits final report will be submitted. MM CR.9 If human remains are encountered, the state Condition of Supervision by During Building Department Health and Safety Code Section 7050.5 requires that no approval certified construction further disturbance shall occur until the county coroner has paleontologist made a determination of the origin and disposition pursuant and field to Public Resources Code 5097.98. The county coroner inspections must be notified immediately of the find. If the remains are determined to be prehistoric, the coroner is required to notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With permission of the owner of the land or his/her authorized representative, the descendent may inspect the site of the discovery. The descendant shall complete the inspection within 24 hours of notification of the NAHC. The IVILD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. LDS RECTORY USE PERMIT AMENDMENT MITIGATION MONITORING AND REPORTING PLAN Iffio M" th—d ' weifiddtion -Ml Iff a Geology and Soils MM G.1 Replacement planting shall be required for Zone B of the Condition of Planting plan at Prior to issuance Fire Department fuel modification area. Plants instrumental for hillside stabilization approval plan check of building shall be selected from the City of Newport Beach Urban VVildland permits and Interface Area Standard for Hazard Reduction Fire Resistive inspection prior to Plant List and shall be installed after the removal of combustible issuance of final plants within Zone 6 of the fuel modification zone to provide building permits. proper soil stabilization and prevent hillside erosion. Plantings shall be approved by the Fire Department prior to issuance of building permits. Hazards and Hazardous Materials MM HZ.1 The property owner/developer shall submit a Fuel Condition of Fuel Prior to issuance Fire Department Modification Plan prior to the issuance of building permits to the approval modificabon of building Fire Department showing that a fuel modification zone will be plan at plan permits provided from the structure up to the adjacent property line. check MM HZ.2 The property owner/developer shall meet all Condition of Fuel Prior to issuance Fire Department requirements in Guideline G.03- "Construction Requirements for approval modification of building Special Fire Protection Areas" to the satisfaction of the Fire plan at plan permits Department prior to the issuance of building permits. check MM HZ.3 The structure shall be provided with fire sprinklers at Condition of Plan check Prior to issuance Fire Department plan check to the satisfaction of the Fire Department. approval of building permits and inspection APPENDIX B BEST MANAGEMENT PRACTICES FOR CONSTRUCTION LDS RECTORY USE PERMIT AMENDMENT Biological Resources Construction Related Mitigation Measures. The following are required during project construction in order to minimize impacts to adjacent habitat and wildlife during construction activities. • Feeding of wildlife by project personnel is prohibited. • To minimize harassment or killing or wildlife and to prevent the introduction of destructive animal diseases to native wildlife populations, project personnel are not allowed to bring pets into any project area. • The contractor shall confine all activities to the project boundaries. All limits of construction shall be delineated with orange construction fencing. During and after construction, entrances to access roads shall be gated to prevent the unauthorized uses of these roads by the general public. Signs prohibiting unauthorized use of the access roads shall be posted on these gates. • Sensitive areas identified by bird surveys or the biological monitor shall be delineated by construction fencing or similar materials prior to any clearing or grading activities. • During project construction, all seeds and straw materials shall be certified weed free. • Project personnel shall not deposit or leave any food or waste in the project site, and no biodegradable or non - biodegradable debris shall remain in the project site following completion of construction. All refuse shall be placed in appropriate wildlife -proof containers and removed from job sites daily. • All steep - walled trenches or excavations used during construction shall be covered at all times except when being actively utilized. If the trenches or excavations cannot be covered, exclusion fencing (i.e., silt fencing) shall be installed around the trench or excavation, or it shall be covered to prevent entrapment of wildlife. • Open trenches or other excavations that could entrap wildlife shall be inspected carefully before backfilling. Should a dead or injured listed species be found in a trench or excavation or anywhere in the construction zone or along an access road, the appropriate resource agencies shall be contacted within 48 hours of detection. Construction holes left open over night shall be covered. • The contractor shall institute measures to prevent fire and leakage from vehicles during construction on the project site. Such measures shall include designated no smoking zones and parking areas. Construction equipment shall be restricted to designated areas and roads approved by the project biologist. A water truck shall be maintained at the project site during all construction activities in order to provide an emergency water source in case of fire. • Fuel modification maintenance shall only occur under the supervision of a qualified biological monitor and access shall minimized to reduce the impact to wildlife within the ESA. The monitor shall flag sensitive and fire resistive plants so that the vegetation removal crew can avoid impacts to these species. Geology Grading Guide Specifications- Construction Related Mitigation Measures. The Earthwork Contractor is responsible for the satisfactory completion of all earthwork in accordance with the plans and geotechnical reports, and in accordance with city, county, and applicable building codes. The Geotechnical Engineer is the representative of the Owner /Builder for the purpose of implementing the report recommendations and guidelines. These duties are not intended to relieve the Earthwork Contractor of any responsibility to perform in a workman -like manner nor is the Geotechnical Engineer to direct the grading equipment of personnel employed by the Contractor. • The Earthwork Contractor is required to notify the Geotechnical Engineer of the anticipated work and schedule so that testing and inspections can be provided. If necessary, work may be stopped and redone if personnel have not been scheduled in advance. • The Earthwork Contractor is required to have suitable and sufficient equipment on the job -site to process, moisture condition, mix and compact the amount of fill being placed on the approved compaction. In addition, suitable support equipment should be available to conform with recommendations and guidelines in this report. • Canyon cleanouts, overexcavation areas, processed to receive fill, key excavations, subdrains and benches should be observed by the Geotechnical Engineer prior to placement of any fill. It is the Earthwork Contractor's responsibility to notify the Geotechnical Engineer of areas that are ready for inspection. • Excavation, filling, and subgrade preparation should be performed in a manner and sequence that will provide drainage at all times and proper control of erosion. Precipitation, springs, and seepage water encountered shall be pumped or drained to provide a suitable working surface. The Geotechnical Engineer must be informed of •springs or water seepage encountered during grading or foundation construction for possible revision to the recommended construction procedures and /or installation of subdrains. • The Earthwork Contractor is responsible for all clearing, grubbing, stripping, and site preparation for the project in accordance with the recommendations of the Geotechnical Engineer. • If any materials or areas are encountered by the Earthwork Contractor which are suspected of having toxic or environmentally sensitive contamination, the Geotechnical Engineer and Owner /Builder should be notified immediately. • , Major vegetation should be stripped and disposed of off -site. This includes, trees, brush, heavy grasses, and any materials considered unsuitable by the Geotechnical Engineer. • Underground structures such as basements, cesspools, or septic disposal systems, mining shafts, tunnels, wells, and pibpelines should be removed under the inspection of the Geotechnical Engineer and recommendations provided by the Geotechnical Engineer and/or city, county, or state agencies. If such structures are known or found, the Geotechnical Engineer should be notified as soon as possible so that recommendations can be formulated. • Any topsoil, slopewash, colluviums, alluvium, and rock materials which re considered unsuitable by the Geotechnical Engineer should be removed prior to fill placement. • Remaining voids created during site clearing caused by removal of trees, foundations basements, irrigation facilities, etc. should be excavated and filled with compacted fill. • Subsequent to clearing and removals, areas to receive fill should be scarified to a depth of 10 to 12 inches, moisture conditioned and compacted. • The moisture condition of the processed ground should be at or slightly above the optimum moisture content as determined by the Geotechnical Engineer. Depending upon field conditions, this may require air drying or watering together with mixing and /or discing. • Soil materials imported to or excavated on the property may be utilized in the fill, provided each material has been determined to be suitable in the opinion of the Geotechnical Engineer. Unless otherwise approved by the Geotechnical Engineer, all fill materials shall be free of deleterious, organic, or frozen matter, shall contain no chemicals that may result in the material being classified as `contaminated," and shall be very low to non - expansive with a maximum expansion index (EI) of 50. The top 12 inches of the compacted fill should have a maximum particle size of 3 inches, and all underlying compacted fill material a maximum 6- inch particle size, except as noted below. • All soils should be evaluated and tested by the Geotechnical Engineer. Materials with high expansion potential, low strength, poor gradation or containing organic materials may require removal from the site or selective placement and /or mixing to the satisfaction of the Geotechnical Engineer. • Rock fragments or rocks less than 6 inches in their largest dimensions, or as otherwise determined by th a Geotechnical Engineer, may be used in compacted fill, provided the distribution and placement is satisfactory in the opinion of the Geotechnical Engineer. • Rock fragments or rocks greater than 12 inches should be taken offsite or placed in accordance with recommendation and in areas designated suitable by the Geotechnical Engineer. These materials should be placed in accordance with Place D -8 of these Grading Guide Specification and in accordance with the following recommendations: • Rocks 12 inches or more in diameter should be placed in rows at least 15 feet apart, 15 feet from the edge of the fill, and 10 feet or more below subgrade. Spaces should be left between each rock fragment to provide for placement and compaction of soil around the fragments. • Fill materials consisting of soil meeting the minimum moisture content requirements and free of oversize material should be placed between and over the rows of rock or concrete. Ample water and compactive effort should be applied to the fill materials as they are placed in order that all of the voids between each of the fragments are filled and compacted to the specified density. • Subsequent rows of rocks should be placed such that they are not directly above a row placed in the previous left of fill. A minimum 5 -foot offset between rows is recommended. • To facilitate future trenching, oversized material should not be placed within the range of foundation excavations, future utilities, or other underground construction unless specifically approved by the soil engineer and the developer /owner representative. • Fill materials approved by the Geotechnical Engineer should be placed in areas previously prepared to receive fill and in evenly placed, near horizontal layers at about 6 to 8 inches in loose thickness, or as otherwise determined by the Geotechnical Engineer for the project. • Each layer should be moisture conditioned to optimum moisture content, or slightly above, as directed by the Geotechnical Engineer. After proper mixing and /or drying, to evenly distribute moisture, the layers should be compacted to at least 90 percent of the maximum dry density in compliance with ASTM D- 1557 -78 unless otherwise indicated. • Density and moisture content testing should a performed by the Geotechnical Engineer at random intervals and locations as determined by the Geotechnical Engineer. These tests are intended as an aid to the Earthwork Contractor, so he can evaluate his workmanship, equipment effectiveness and site conditions. The Earthwork Contractor is responsible for compaction as required by the Geotechnical Report(s) and governmental agencies. • Fill areas unused for a period of time may require moisture conditioning, processing and recompaction prior to the start of additional filling. The Earthwork Contractor should notify the Geotechnical Engineer of his intent so that an evaluation can be made. • Fill placed on ground sloping at a 5 -to-1 inclination (horizontal -to vertical) or steeper should be benched into bedrock or other suitable materials as directed by the Geotechnical Engineer. Typical details of benching are illustrated on Plates D -2, DA, and D -5 of the geotechnical report in Appendix E. • Cuttfill transition lots should have the cut portion overexcavated to a depth of at least 3 feet and rebuilt with fill (see Plate D -1 in the geotechnical report, Appendix E). as determined by the Geotechnical Engineer. • All cut lots should be inspected by the Geotechnical Engineer for fracturing and other bedrock conditions. If necessary, the pads should be overexcavated to a depth of 3 feet and rebuilt with a uniform, more cohesive soil type to impede moisture penetration. • Cut portions of pad areas above buttresses or stabilizations should be overexcavated to a depth of 3 feet and rebuilt with uniform, more cohesive compacted fill to impede moisture penetration. • Non - structural fill adjacent to structural fill should typically be placed in unison to provide lateral support. Backfill along walls must be placed and compacted with care to ensure that excessive unbalanced lateral pressures do not develop. The type of fill material placed adjacent to below grade walls must be properly tested and approved by the Geotechncial Engineer with consideration of the lateral earth pressure used in the design. • The foundation influence zone is defined as extending one foot horizontally from the outside edge of a footing, and proceeding downward at a '/2 horizontal to 1 vertical (0.5:1) inclination. • Where overexcavation beneath a footing subgrade is necessary, it should be conducted so as to encompass the entire foundation influence zone, as described above. • Compacted fill adjacent to exterior footings should extend at least 12 inches above foundation bearing grade. Compacted fill within the interior of structures should extend to the floor subgrade elevation. • The placement and compaction of fill described above applies to all fill slopes. Slope compaction should be accomplished by overfilling the slope adequately compacting the fill in even layers, including the overfilled zone and cutting the slope back to expose the compacted core. • Slope compaction may also be achieved by backrolling the slope adequately every 2 to 4 vertical feet during the filling process as well as requiring the earth moving and compaction equipment to work close to the top of the slope. Upon completion of slope construction, the slope face should be compacted with a sheepsfoot connected to a sideboom and then grid rolled. This method of slope compaction should only be used if approved by the Geotechnical Engineer. • Sandy soils lacking in adequate cohesion may be unstable for a finished slope condition and therefore should not be placed within 15 horizontal feet of the slope face. • All fill slopes should be keyed into bedrock or other suitable material. Fill keys should be at least 15 feet wide and inclined at 2 percent into the slope. For slopes higher than 30 feet, the fill key width should be equal to one -half the height of the slope (see Plate D -5 in Appendix E). • All fill keys should be cleared of the loose slough material prior to geotechnical inspection should be approved by the Geotechnical Engineer and governmental agencies prior to filling. • The cut portion of fill over cut slopes should be made first and inspected by the Geotechnical Engineer for possible stabilization requirements. The fill portion should be adequately keyed through all surficial soils and into bedrock or suitable material. Soils should be removed from the transition zone between the cut and fill portions (see Plate D -2 in Appendix E). • All cut slopes should be inspected by the Geotechnical Engineer to determine the need for stabilization. The Earthwork Contractor should notify the Geotechnical Engineer when slope cutting is in progress at intervals of 10 vertical feet. Failure to notify may result in a delay in recommendations. • Cut slopes exposing loose, cohesionless sands should be reported to the Geotechnical Engineer for possible stabilization recommendations. • All stabilization excavations should be cleared of loose slough material prior to geotechnical inspection. Stakes should be provided by the Civil Engineer to verify the location and dimensions of the key. A typical fill detail is shown on Plate D -5 in Appendix E. • Stabilization key excavations should be provided with subdrains. Typical subdrain details are shown on Plates D -6 in Appendix E. • Subdrains may be required in canyons and swales where fill placement is proposed. Typical subdrain details for canyons are shown on Plate D -3 of Appendix E. Subdrains should be installed after approval of removals and before filling, as determined by the Soils Engineer. • Plastic pipe may be used for subdrains provided it is Schedule 40 or SDR 35 or equivalent. Pipe should be protected against breakage, typically by placement in a square -cut (backhoe) trench or as recommended by the manufacturer. • Filter material for subdrains should conform to CALTRANS specification 68.1.025 or as approved by the Geotechnical Engineer for the specific site conditions. Clean % -inch crushed rock may be used provided it is wrapped in an acceptable filter cloth and approved by the Geotechnical Engineer. Pipe diameters should be 6 inches for runs up to 500 feet and 8 inches for the downstream continuations for longer runs. Four -inch pipe may be used in buttress and stabilization fills. Fill Placement- Construction Related Mitigation Measures. • Fill soils should be placed in thin (6± inches), near - horizontal lifts, moisture conditions to two to four percent above optimum moisture content, and compacted. • On -site soils may be used for fill, provided that they are cleaned of any debris to the satisfaction of the geotechnical engineer. • All grading and fill placement activities should be completed in accordance with the requirements of the recent IBC /CBC and the grading code requirements of the City of Newport Beach. • All fill soils should be compacted to at least 90 percent of the ASTM D -1557 maximum dry density. Fill soils should be well mixed. • Compaction tests should be performed periodically by the geotechnical engineer as random verification of compaction and moisture content. These tests are intended to aid the contractor. Since the tests are taken at discrete locations and depths, they may not be indicative of the entire fill and therefore should not relieve the contractor of his responsibility to meet job specifications. Hydrology and Water Quality Construction Related Mitigation Measures Noise • Disposal or temporary placement of excess fill, brush, or other debris shall not be allowed in waters of the United States or their banks. • All equipment maintenance, staging, and dispensing of fuel oil, coolant, or any other such activities shall occur in designated areas outside of waters of the United States within the fenced project impact limits. These designated areas shall be located in previously compacted and disturbed areas to the maximum extent practicable in such a manner as to prevent any runoff from entering waters of the United States, and shall be shown on the construction plans. • Fueling of equipment shall take place within existing paved areas or designated fueling areas away from waters of the United States. Contactor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on construction plans and /or within the stormwater pollution prevention plan. • Silt fencing, straw mulch, and straw bate check dams shall be installed as appropriate to contain sediment within construction work areas and staging areas. Where soils and slopes exhibit high erosion potential, erosion control blankets, matting, and other fabrics and /or erosion control measures shall be implemented. Standard Condition • Hours of noise - generating construction shall be limited to from 7 a.m. to 6:30 p.m. on weekdays and from 8:00 a.m. to 6:00 p.m. on Saturdays. No construction shall be permitted on Sundays or holidays. Adequate noise control measures at all construction sites shall be ensured through the provision of mufflers and the physical separation of machinery maintenance areas from adjacent uses. Transportation and Traffic Standard Conditions The Traffic Engineer will require during the plan check review phase that the applicant install a residential driveway approach per City Standard at the intersection of the proposed driveway and the internal roadway. Plantings at the intersection of the driveway and internal roadway shall be low growing, 24 inch maximum, to ensure adequate sight distance for vehicles existing the driveway area. Planning Commission Resolution No. 1794 Paqe 8 of 13 EXHIBIT "c" CONDITIONS OF APPROVAL (project speck conditions are identified in bold) PLANNING 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. Amendment No. 1 to Use Permit No. 2001 -036 and Site Plan Review No. 2009 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.03 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. This Use Permit 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. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. Prior to issuance of building permits, fair share fees for a new church unit at a rate of $1,418 per thousand square feet of new development shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code, unless proof of payment is provided to the Planning Department. 9. Prior to issuance of building permits, school fees at a rate of $0.30 per square foot of new development shall be paid in accordance with California Government Code 17620, unless proof of payment is provided to the Building Department. Planning Commission Resolution No. 1794 Paoe 9 of 13 10. This property shall be exempt from the collection of San Joaquin Transportation Corridor Fees. 11. 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 Department. 12. The applicant shall comply with all of the mitigation measures and best management practices specified in the Mitigation Monitoring and Reporting Program and Best Management Practices as shown in Appendices A and B of the Initial Study and Mitigated Negative Declaration (State Clearinghouse No. 2009101063). 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 shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 14. 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. 15. Prior to the issuance of a 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. 16. 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: Between the hours of 7:OOAM and 10:00PM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial ro ert 45dBA 60dBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA N/A 60dBA Planning Commission Resolution No. 1794 Pape 10 of 13 17. 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. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self- latching gate), except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 19. 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. 20. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 21. 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. 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. 23. To the fullest extent permitted by law, the 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 Amendment No. 1 to Use Permit No. UP2001 -036 and Site Plan Review No. SR2009 -001; and /or the City's related California Environmental Quality Act determinations. Fire Department Conditions 24. The project shall provide fire sprinklers for the new structure. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. This condition shall be applied as required by code. Planning Commission Resolution No. 1794 Page 11 of 12 25. The project shall meet all requirements in guideline G.03 "Construction Requirements for Special Fire Protection Areas." 26. A Fuel Modification Plan shall be provided for the new structure. Building Department Conditions 27. 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 project design shall comply with the City of Newport Beach Ordinances. 28. The construction plans must meet all applicable State Disabilities Access requirements 29. Approval from the Orange County Health Department is required prior to the issuance of a building permit, as required by code. 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 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 • 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 a10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. Planning Commission Resolution No. 1794 Paqe 12 of 12 31. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan ( SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared unless otherwise approved by the Building Department. The SWPPP and NOI shall be 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. 32. Prior to issuance of -grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project unless otherwise approved by the Building Department. The WQMP shall be 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. 33. 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 unless otherwise approved by the Building Department. 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. 34. As part of the proposed single - family development, the applicant. shall provide information showing the proposed storm drain system and site drainage unless otherwise approved by the Building Department. This shall be submitted during the plan check process. Public Works Conditions 35. A residential driveway approach shall be installed pursuant to City standard at the intersection of the proposed driveway and the internal roadway. 36. Planting at the intersection of the driveway and internal roadway shall be low growing (24 inch maximum) to ensure adequate sight distance for vehicles exiting the driveway area. The landscape plan shall be reviewed during plan check. 37. County Sanitation District fees shall be paid prior to the issuance of any building permits.