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HomeMy WebLinkAboutstandard planning conditions of approvalCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT TO: PLANNING COMMISSION FROM: David Lepo, Planning Director (949) 644 -3228, dlepo @city.newport- beach.ca.us SUBJECT: Standard Planning Conditions of Approval RECOMMENDATION: Receive and file. DISCUSSION: Planning Commission members requested approval used by the Planning Department. is attached for your information. Prepared by: SICWkTURE David Lepo, Pla irector Attachment: Conditions of Approval Agenda Item No. 5 February 8, 2007 a copy of the standard project conditions of The current listing of conditions of approval PLANNING DEPARTMENT CONDTIONS OF APPROVAL GENERAL Page 2 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated 3. 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. 4. 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 Califomia Building Code. 5. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 6. Any change in operational characteristics, hours of operation, 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. 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. 8. 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. 9. Use Permit No. & Modification Permit 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. Page 3 10. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 11. Hours of operations shall be limited to between and pm daily. PARKING 1. The enclosed garages shall be available for the exclusive use of the residential occupants for parking purposes only. No conversion of the garage spaces to other use shall be permitted. 2. A total of parking spaces shall be kept clear of obstructions and maintained for the parking of vehicles at all times. 3. All employees are required to park on -site. NOISE 1. The project must comply with the interior and exterior noise standards for residential uses of the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM and 10:OOPM and 40dBA between the hours of 10:OOPM and 7:OOAM. The exterior noise level standard is 55dBA between the hours of 7:OOAM and 10:OOPM and 50dBA between the hours of 10:OOPM and 7:OOAM. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and submitted to the City Planning Department prior to occupancy of the project. If the exterior noise levels exceed applicable standards, additional mitigation shall be required which may include the installation of additional sound attenuation devices as recommended by the acoustic study and subject to the approval of the Planning Director. 2. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 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 property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA Page 4 3. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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: 4. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. No outside paging system shall be utilized in conjunction with this establishment. LIGHTING Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed _ feet in height. 2. 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. 3. Prior to the issuance of a building permits, the applicant shall prepare photometric study I in conjunction with a final lighting plan for approval by the Planning Department. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in condition of approval No._. Between the hours of 7:OOAM and I O:OOPM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 17RU 4. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. No outside paging system shall be utilized in conjunction with this establishment. LIGHTING Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on- site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures and light standards shall not exceed _ feet in height. 2. 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. 3. Prior to the issuance of a building permits, the applicant shall prepare photometric study I in conjunction with a final lighting plan for approval by the Planning Department. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in condition of approval No._. Page 5 SIGNAGE All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 4. Window signs visible on the exterior of the building are not permitted. 5. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. TRASH All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 2. All trash shall be stored within the building or within dumpsters stored in the trash enclosure. 3. 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. 4. 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. 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). Page 6 6. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 7. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 8. The future homeowners association shall be responsible for contracting for refuse pickup. The applicant shall provide a minimum of common trash enclosures evenly distributed throughout the project site. The size, design and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Departments prior to issuance of a building permit for new construction. The enclosures shall be located on a four inch concrete pad screened by a six foot high decorative concrete block wall that is compatible with the architectural design of the residential buildings. The enclosures shall incorporate a cover of decorative beams or other roofing material to provide security and visual screening from above. LANDSCAPING 1. All landscape materials and landscaped areas shall be installed and 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. 2. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture- sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 3. Prior to the issuance of grading or building permits, the applicant shall submit plans for the review and approval by the Planning Department that incorporate the use of alternate paving materials or banding to break up expanses of pavement. The materials used shall be complimentary to the overall design and architecture of the site. 4. Prior to the final of building permits, the applicant Code and Water Quality Enforcement Division to installed in accordance with the approved plan. EATING AND DRINKING Page 7 shall schedule an inspection by the confirm that all landscaping was Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Department for review. The building permit shall not be frnaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of -way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 2. The restaurant development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and the required parking spaces shall be waived. 3. Customer seating and/or stand -up counter space shall be prohibited inside or outside the subject establishment. 4. No on -sale or off -sale of alcoholic beverages is permitted. 5. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 am., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 6. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 7. 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. 8. The Use Permit is for the operation of an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 9. Hours of operation for the outdoor patio area shall be to daily. Page 8 10. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 11. 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. 12. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 13. Full meal service shall be provided during all hours of operation. 14. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 15. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 16. All exits shall remain free of obstructions and available for ingress and egress at all times. 17. Strict adherence to maximum occupancy limits is required. 18. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 19. Prior to issuance of building permits, plans for the outdoor dining/patio areas shall be reviewed and approved by the Planning Department. The outdoor dining/patio areas shall be required to drain into adjacent landscaping and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining/patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. VEHICLE USES The washing or waxing of vehicles is not permitted. Page 9 2. Vehicle service is limited to incidental, minor maintenance commonly conducted at service islands, such as dispensing of air and water, replacement of windshield wipers, fuses, and lamps, and replenishing motor vehicle fluids and lubricants. 3. The parking of vehicles and equipment for purposes of sale or rental is prohibited. 4. No vehicles shall be parked or stored in the public right -of -way. 5. Fuel delivery trucks shall not obstruct the public right of way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 AM to 10:00 AM and 4:00 PM to 6:00 PM) 6. Prior to the issuance of wading or building permits, the applicant shall submit written documentation from the Orange County Department of Environmental Health (CUPA) verifying that the project site is in compliance with all applicable Underground Storage Tank (UST) requirements, that the project site has passed any applicable UST site pollution testing and that the repair, maintenance and removal of any existing UST's is being performed in accordance with Orange County Department of Environmental Health (CUPA) regulations and policies. MISCELLANEOUS 1. In -lieu of providing affordable housing units in accordance with the Housing Element of the General Plan, a fee of $ per unit built for a total of $ shall be paid to the City prior to the issuance of building permits for new construction. Should payment of this in -lieu fee not be paid for any reason, the project shall provide a minimum of _% of the total units (_ units) for moderate income households for a minimum of 20 years. Should the affordable units be provided, the applicant shall enter into an agreement with the City to provide said units. The agreement shall be reviewed and approved by the City Attorney and shall be executed prior to the recordation of the final map or the issuance of a building or grading permit for the proposed subdivision. 2. Prior to the issuance of building_ permits, approval from the California Coastal Commission is required. 3. Prior to issuance of building permit for new construction, the applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the applicant shall submit evidence to the Planning Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the final design of the project. 4. Prior to sale, lease, or rental of any office building or portion thereof, the applicant/owner shall provide to each prospective purchaser, lessee, or tenant a notice and statement of acknowledgement that the property is subject to over flight, sight and sound of aircraft Page 10 operating from John Wayne Airport. The form and method of distribution of said notice and statement of acknowledgement shall be provided to the Planning Director. 5. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archeologist shall be present at the pre- grading conference, shall, establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 6. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. Water Quality 1. Prior to the issuance of a Building Permit, a drainage plan shall be prepared showing the method for control and disposal of all waters flowing into, across and from the building site and statement setting forth the method by which facilities shall be maintained shall be submitted and approved by the Building Department and Planning Department. Prior to the issuance of grading permits, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. 3. Prior to the issuance of a rg ading permit, the applicant shall obtain a NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices to the maximum extent possible. Evidence that proper clearances have been obtained through Page 11 the State Water Resources Control Board (SWRCB) shall be given to the Building Department tenor to issuance of a grading permits. 4. Prior to the issuance of a arg dine permit, a complete hydrology and hydraulic study (include off -site areas affecting the development) shall be prepared by a qualified engineer and approved by the Building Department. The report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical _ -year flood. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 5. Prior to issuance of a grading permit, the applicant shall submit an erosion/siltation control plan to the Building Department for review and approval. The plan shall incorporate storm water pollutant control. 6. Prior to initiation of any earthwork activities or issuances of any grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. Prior to the issuance of a rg ading permit, the applicant shall obtain a NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB) shall be given to the Building Department prior to issuance of a grading permits. 8. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Department. 9. Prior to the issuance of a rg ading permit, the following improvements shall be designed in a manner meeting the approval of the Building Department: • All provisions for surface drainage. Page 12 ■ All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. ■ Where determined necessary by the Building Department, associated public street and utility easements shall be dedicated to the City of Newport Beach. 10. During the construction the project applicant shall exercise special care to prevent any offsite siltation. Project applicant shall properly maintain all temporary erosion and sediment control measures until the Building Department approves the removal of said measures. 11. During the construction, no construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. phase, the applicant shall comply with the following requirements: 12. All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking. 13. The establishment shall comply with all applicable Federal, State, County and City water quality regulations for the life of this Use Permit. 14. The on -site storm drain system shall be privately maintained. Fossil filters or equivalent measures shall be included as part of the design of catch basins and curb inlets. An on- site clarifier shall be provided. 15. The on -site storm drain system shall be privately maintained in accordance with the approved Water Quality Management Plan for the duration of the approved use. During the construction phase the project applicant shall exercise special care to prevent any offsite siltation. Project applicant shall properly. maintain all temporary erosion and sediment control measures until the Building Department approves the removal of said measures. 16. The applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. 17. On -site drainage shall not be routed in manner that would cause any spillage onto the existing developments adjacent to the project site.