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West 15th St Townhomes (PA2002-250)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 April 17, 2003 TO: PLANNING COMMISSION FROM: Chandra Slaven, Assistant Planner cslaven @city.newport- beach.ca.us (949) 644 -3231 SUBJECT: West 1e Street Townhomes (PA2002 -250) 869 -875 West 15th Street Request for a Vesting Tentative Tract Map for the construction of a 45 -unit (attached) townhome project that encompasses approximately 2.52 -acres in the West Newport area. Additionally, the applicant has requested a Modification Permit for an encroachment into the required 17 -foot side yard setback. APPLICANT: The Olson Company 3020 Old Ranch Pkwy. #400 Seal Beach, CA 90740 ISSUE: Should the Planning Commission approve the Vesting Tentative Tract Map and Modification Permit to allow for construction of a 45 -unit townhome project in the West Newport area? Hold a public hearing and adopt the draft Mitigated Negative Declaration and approve the requested Vesting Tract Map No. 2002 -002 and Modification Permit No. 2002 -117 (PA2002 -250) subject to the findings and conditions of approval within the draft resolution for project approval. Vesting Tentative Tract Map No. 2002 -002 and Modification Permit No. 2002 -117 (PA2002 -250) 869 -875 West 15th Street Current Development: The subject property is currently developed with four industrial buildings and accessory structures. To the north: Residential Mobile Home Park — "Seacliff Homes" To the east: Residential Apartment Buildings/Boat Yazd Stora a Facili To the south: Residential Apartment Buildings To the west: City of Newport Beach Westside Community Center West 150' Street Townhomes TA2002 -250) April 17, 2003 Page 2 of 12 DISCUSSION: Site /Project Overview: The project consists of the construction of 45 attached) residential units on an approximate 2.52 -acre property at 869 -875 West 15 Street, located between Monrovia and Placentia Avenues. The site is currently developed with four industrial buildings totaling appropriately 42,000 square feet. All existing buildings will be demolished and removed in preparation for development of the proposed project. Each townhome will have three bedrooms and a two-car garage. Two different floor plans would be offered to prospective residents. Plan 1 is 1,748 square feet; Plan 2 is 1,834 square feet, both with a 2 -car garage that is appropriately 400 square feet. The total proposed built area for the project site is 80,466 square feet. The project will be served by a semi - circular drive entrance from West 15th Street with one entry driveway. and one exit driveway leading to and from a gated access. An emergency fire access driveway from the rear of the property to Monrovia is also provided. The internal driveways are private streets. In addition to the 45, 2-car garages, there will be a total of 26 guest parking spaces that are not assigned to speck residential units. Common facilities include landscaping around the proposed buildings, the gate, and driveways. Although two trash container areas are shown on the site plan exhibit, the intent is to have the units individually serviced for garbage pickup. Analysis: A Vesting Tentative Tract Map and a Modification Permit are required for the construction of the proposed condominium project. The proposed Vesting Tentative Tract Map involves a request to subdivide a single parcel of land to establish 45 airspace condominiums. Compliance with Title 19 (Subdivisions) is required. The proposed residential development is required to maintain the development standards provided in Chapter 20 of the Municipal Code. The project conforms to all applicable standards for development in the MFR District, except for the distance required for the side yard setback. The applicant is requesting to construct the structures to encroach ten (10) feet to the western and eastern property lines, whereas the Code requires a seventeen (17) foot setback. The Modification Permit could allow the buildings to be constructed within 7 feet of the side property lines, provided that the Planning Commission, in granting such permit, can make the findings contained within Chapter 20.93 (See Title 20 Compliance section of this report). General Plan Compliance: Land Use Element (LUE) The site carries a land use designation of Multi - Family Residential (MFR), despite its current industrial use. The reason for the conflict between the existing use and the allowed use is that the site was re- designated to multi - family residential from industrial West 15' Street Townhomes (PA2002 -250) April 17, 2003 Page 3 of 12 during the tenure of the industrial buildings. Therefore, while the non - conforming industrial use has remained upon the site, the proposed townhome project is in compliance with the current residential designation of the property. The MFR land use designation has imposed limits of one dwelling unit for each 2,178 square feet of building lot area, which is the area of the lot minus areas with a slope greater than 2:1. With the total lot size of 108,900 square feet and no areas greater than a 2:1 slope, the buildable lot area equals the lot area. The total number of allowable dwelling units for this site is 50 and the project complies with this requirement in that only 45 units are proposed. The Land Use Element (LUE) of the General Plan has estimated growth for each statistical area in the City. The majority of the increase in dwelling units (i.e., 124 units of the 556 projected) for the Northwest Newport Statistical Area were anticipated to be developed in the Northwest Newport (R) area. Presently, there are 885 residential units within the Northwest Newport area with a present projected total of 1,009 dwelling units. Implementation of the project will increase the total unit count by 45 for a total of 930, which is below the total residential build out. Therefore, the proposed use is entirely consistent with the land use projections of the LUE. Circulation Element The on -site access to the project is West 15th Street within the West Newport area. This roadway is an east -west secondary street serving existing residential and industrial uses. Currently, it is a two -lane roadway with parking generally permitted on both sides of the street. As stated in the Circulation Element, West 15th Street is proposed to be expanded an additional 24 feet to become a four -lane roadway in anticipation of a thoroughfare to the future Banning Ranch development. To be consistent with the Circulation Element, staff has included a condition of approval for an irrevocable offer of dedication (IOD) from the applicant for the future expansion of West 15th Street. Additionally, the applicant has been conditioned to re- design the staircases to the units fronting West 15th Street to allow for an additional 12 -foot setback from the current roadway. The IOD will be recorded prior to the recordation of the tract map. With the potential future widening of West 15th Street in conjunction with buildout of the Banning Ranch property, the future front setback of the project will be reduced and become nonconforming. Although this future condition will create a non - conforming front yard setback as well as create a shorter length of driveway for access; staff believes that the re- design will not significantly affect the functionality of the project or site layout. Housing Element State planning law requires cities to adopt housing elements that address regional needs for housing affordable to all income levels. Cities are not required to spend their funds to develop affordable housing, but housing elements must include programs that will enable the development of housing to meet established needs, such as zoning a sufficient number of sites for affordable residential development and providing density bonuses. In West 150' Street Townhomes (PA2002 -250) April 17,2003 Page 4 of 12 addition, cities are required to update their housing elements every five years, including an analysis of the progress in implementing programs in the existing housing element. The Housing Element of the Newport Beach General Plan includes a program to encourage the housing development industry to respond to the needs of the community. This program is to be implemented through a negotiated development process in which the City is to allocate, where feasible, 20% of the annual production of housing to low - income households. The Housing Element requires residential developers, where feasible, to provide affordable units either on -site or off -site, with the number of units contingent upon numerous factors including the presence of development incentives, the extent of financial contributions to the development by public entities, and the overall feasibility of providing affordable housing given the unique characteristics of the project. The proposed project is not receiving governmental assistance or development incentives. Additionally, the characteristics of the site limit the size of the project. Therefore, the applicant has requested to pay a fee per unit in lieu of providing affordable housing on -site. Based upon the size of the development, the Affordable Housing Subcommittee of the City Council concluded that this project would be too small to effectively monitor on -site affordable housing and opted for an in -lieu fee. The in -lieu fees collected from the project will be maintained in a City fund for the future construction of affordable housing units, and will assist in the development of low and moderate income housing on other sites in Newport Beach. A fee for this project has been determined by utilizing the in -lieu fee set for the One Ford Road project of $5,500.00 per unit with an adjustment based on the Consumer Price Index (CPI) since 1995. This results in an in -lieu fee of $8,000.00 for every market rate unit developed, or $360,000.00 total to satisfy the projects affordable housing requirement. A condition of approval has been included which reflects this requirement. Title 20 (Zoning) Compliance: Chapter 20.10 denotes the property development standards for residential districts. Floor Area Limit (FAL) The total gross floor area contained in all buildings and structures of a Multi - Family Residential (MFR) project on a development site shall not exceed 1.75 times the buildable area of the site. The buildable area of the site for the purposes of Title 20 compliance is defined as the lot area minus the required setbacks which is 84,190 square feet. Hence, the proposed project built at 80,466 square feet is well below the maximum FAL of 147,333 square feet for the project site. Off - Street Parking and Loading The parking requirement for a MFR project is two spaces per unit, including one covered, plus 0.5 per unit for guest parking for developments of four or more units. A total of 90 West 15ih Street Townbomes (PA2002 -250) April 17, 2003 Page 5 of 12 spaces are required for the residences and a minimum of 23 spaces are required for guest parking. A total of 90 covered parking spaces (2 garage spaces for each unit) in addition to 26 guest spaces are proposed to serve the project and consequently the project meets the parking requirements of Chapter 20.66. Height The 28132 Foot Height Limitation Zone applies to all MFR districts. The project has met this standard by setting the height of all buildings at exactly 28 feet from the existing natural grade. Setbacks For this project, the applicable MFR setback standards are 20 feet in the front, 10 feet in the rear, and 17 feet for each side yard. The Zoning Code requires that side yard setbacks shall be equal in width to eight percent of the average lot width for lots 50 feet or greater in width. The project has met both the front and rear yard setbacks as currently designed; however, the front yard setback will be reduced bxr the 12 feet and will become nonconforming with the potential future widening of West 15 Street for Banning Ranch. Modification Request for Side Yard Setback: The application includes a Modification to allow an encroachment of ten (10) feet into the required 17 -foot side yard setback. The proposed project consists of 10 separate buildings containing 45 units. The modification of the side yard setbacks will be needed for both the western and eastern property lines as shown in the map below. (PA2002 -250) April 17, 2003 Page 6 of 12 Modification Permit Finding: In order to grant relief to an applicant through a modification permit, the Modification Committee shall find that the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or to be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of the Municipal Code. Staff is of the opinion that the proposed project provides a balance of open space and landscaping with paving and hard surfaces while adhering to the standard regulations for the zoning district. Furthermore, the residential parking areas immediately adjacent to the subject site provide a buffer around the project site's side yards. On the western property line, the majority of the buildings' side yards front the City of Newport Beach's Westside Community Center's parking lot. Along the southwest property line, another parking lot provides sufficient distancing from the proposed townhomes and the adjacent apartments. On the eastern property line, the adjacent use is a boat storage facility; hence there are no permanent residents to be affected in the short-term. Conversely, there may be a concern for the current boat yard facility users, in that there is the potential for the new townhome residents to complain about the use of the facility. Nonetheless, the boat yard facility is an interim use for the area and is not the highest and best use for the property given the existing surrounding residential properties; therefore, the concern is lessened in staffs opinion. The legislative intent of required setbacks is to ensure adequate light, air, privacy and open space for each dwelling unit. Because the adjacent parking areas provide additional open space between the proposed townhomes and the existing residences, in staffs opinion maintaining a minimum distance of seven feet between the townhomes and the adjacent property lines is consistent with the legislative intent of Title 20 and will not be detrimental to the surrounding neighborhood. It should be noted, because the project is a completely new development, and has been planned and designed within all of the other requirements of the Code; the project could be designed to comply with the 17 -foot setback. However, requiring 17 feet between the townhomes and the adjacent properties would likely reduce the total number of units on site, and may require a redesign of the site plan layout. Should the Commission wish to deny the modification request, they may also wish to continue the application so that the applicant has time to revise the tentative tract map to reflect this change. Title 19 (Subdivisions) Compliance: Pursuant to Section 19.12.070 of the City Subdivision Code, the following findings must be made to approve the tract map. If the Planning Commission determines that one or more of the findings listed cannot be made, the Vesting Tentative Tract Map must be denied. west 15'" Street Townhomes (PA2002 -250) April 17, 2003 Page 7 of 12 ❑ That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. As noted in the previous sections, the project is consistent with the General Plan. The Public Works Department has reviewed the proposed tract map and has concluded that it is consistent with the Subdivision Code. Conditions of approval will be included to ensure compliance. ❑ That the site is physically suitable for the type and density of development. The portion of the project to be subdivided is flat with no environmental resources to speak of. The subject site is not within a zone deemed to be subject to seismically induced liquefaction potential. The soil deposits taken from the site were generally firm to stiff and moist. The project is below the applicable Floor Area Limit (FAL) and maximum density residential standards as discussed previously in the report. Due to these factors, the site is suitable for the type and density of development proposed. ❑ That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. A Mitigated Negative Declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site. The project includes a system of fikering storm runoff on site before it is discharged to the storm water system. The project also includes improvements to the local storm water system where a fossil type finer will be installed to treat the first or low flow discharge prior to discharge to Newport Bay. These features will mitigate and improve water quality thereby avoiding impacts to fish or wildlife. ❑ That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The project consists of 45 attached residential units permitted by local ordinance and the General Plan. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. All mitigation measures will be implemented as outlined in the Mitigated Negative Declaration to ensure the protection of the public health. West 151b street Townhomes (PA2002 -250) April 17, 2003 Page 8 of 12 ❑ That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision- making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. No public easements for access through or use of the property have been retained for the use by the public at large. Public utility easements for utility connections that serve the project site are present and will be modified, as necessary, to serve the new project. ❑ That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the Califomia Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. The site is not subject to a Williamson Act contract; therefore, this finding does not apply. ❑ That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. The design of the proposed project provides each lot with direct southern exposure to the maximum extent feasible; therefore, this finding can be made. ❑ That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision facilitates the creation of 45 new residential units, which will assist the city in meeting its housing needs. Public services are available to serve the proposed development of the site and the Mitigated Negative Declaration prepared for the project indicates that the project's potential environmental impacts are expected to be less than significant. ❑ That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. West 15'" Street Townhomes (PA2002 -250) April 17, 2003 Page 9 of 12 Waste discharge into the existing sewer will be consistent with the residential use of the property, which does not violate Regional Water Quality Control Board (RWQCB) requirements. The RWQCB has not provided any comments related to the proposed Mitigated Negative Declaration as of the drafting of this report. The proposal is in compliance with the vesting tentative map standards since the parcel size, lot width and depth,. and proposed density are within the limits of the Municipal Code. Additionally, the project is consistent with the applicable Design Standards and requirements of the Municipal Code including density, floor area, open space, parking, and height. Therefore, the project is consistent with the legislative intent of Chapter 19 of the Municipal Code and the Subdivision Map Act. Environmental Review: Staff has prepared a Mitigated Negative Declaration (MND) in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA). The document was prepared by Robert Rusby, Environmental Coordinator of The Planning Center. The MND has been noticed and distributed for a 30-day comment period that expires on April 14, 2003. The MND is attached as Exhibit No. 3 for consideration. The MND identifies seven (7) issue areas where 33 mitigation measures are identified. Those issues identified are: Aesthetics, Hazards & Hazardous Materials, Cultural Resources, Hydrology/Water Quality, Noise, Air Quality, and Geology /Soils. The two most notable issues are the potential traffic impacts and a record of an abandoned oil well on the site. Based on the information provided from the City Traffic Engineer, the proposed project is forecast to generate a new increase of less than 300 average daily trips (ADT) and therefore does not require a Traffic Phasing Ordinance (TPO) traffic study. However, staff prepared a traffic analysis study to look at cumulative traffic, site access, on -site circulation and parking. The project will generate approximately 72 additional daily trips above the current industrial uses at the project site. The project will contribute less than a 1 % increase in the approach traffic on four of the five intersections examined. At the fifth intersection, Superior and Placentia, project traffic will increase the volume on the southbound approach during the a.m. peak hour by more than 1 %. The projected level of service will be "C" and therefore no impact is created as it will be below the City's established threshold level of significance. Site access and on -site circulation provides adequate circulation with no significant conflicts, while the proposed parking adequately provides for occupant and guest parking needs. No traffic mitigation measures are required. There is record of an abandoned oil well beneath one of the existing buildings located at the northwestern corner of the site. The project site exists in an area historically known as the West Newport Oil Field. The MND recommends that the well and any associated sump be located and uncovered and the source of active methane emissions, if discovered, be determined. Upon confirmation of the source, mitigation measures can West 15th Street Townhomes (PA2002 -250) April 17, 2003 Page 10 of 12 then be implemented according to those outlined in the MND. One of the measures will be to have passive methane controls planned within the development. These measures shall also include other measures established by the City of Newport Beach Fire Department as deemed necessary. With the implementation of the suggested mitigation measures, the projects environmental impacts will be reduced to less than significant levels. According to the comments provided by the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources, "if any plugged and abandoned or unrecorded wells are damaged or uncovered during the excavation or grading, (the mitigation measure of) remedial plugging operations may be required." The Mitigated Negative Declaration provides for adhering to the Department of Conservation procedures to ensure the avoidance of any impacts. Public Notice: Notice of this hearing was published in the Daily Pilot with the agenda, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives: The Commission may conclude that the Modification Permit in conjunction with the Vesting Tentative Tract Map is not acceptable and could create an improper side yard setback between the adjacent properties and the site. In that case, staff would recommend a continuance to allow the applicant time to revise the tract map to meet the setback standards. CONCLUSION: In staffs opinion, the requirements and findings necessary for project approval can be met and the 45 -unit townhome project would not prove detrimental to the area. The project will remove the non - conforming industrial use and implement a residential land use consistent with the General Plan. Additionally, given the proximity of the adjacent parking areas on both the western and eastern property lines, staff is recommending that the project be granted a reduction in the required side yard setback requirement. If the Planning Commission concurs with staffs evaluation, it would be appropriate to adopt the attached draft resolution of approval included as Exhibit No. 1. West 15' Street Townhomes (PA2002 -250) April 17, 2003 Page 11 of 12 Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits: Draft Resolution No. Prepared by: CHANDRA SLAVEN Assistant PI nner 2. Applicant Submittal Package Including Drawings 3. Mitigated Negative Declaration (separate bound volume) West 15i6 Street Townhomes (PA2002 -250) April 17, 2003 Page 12 of 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING NEWPORT TRACT MAP NO. 2002- 002 (VESTING TENTATIVE TRACT MAP. NO. 16468) AND MODIFICATION PERMIT NO. 2002 -117 FOR THE PROPERTY LOCATED AT 869 -875 WEST 15TH STREET (PA2002 -250). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by The Olson Company with respect to property located at 869 -875 West 15th Street (PA2002 -250) and legally described as Lot 917 of the Newport Mesa Tract. The applicant seeks approval of a Vesting Tentative Tract Map and Modification Permit for the construction of 45 residential units on a lot that encompasses approximately 2.52 acres in the West Newport area. Section 2. A public hearing was held on April 17, 2003, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. Section 3. The Planning Commission finds as follows: Consistency with the General Plan The Land Use Element (LUE) designates the project site for Multi - Family Residential (MFR) uses. The Multi - Family Residential land use designation allows a maximum of one dwelling unit for each 2,178 square feet of buildable lot area. The project complies by proposing a total of 45 units where a total of 50 units would be allowed. Therefore, the project is consistent with the LUE. 2. The project as conditioned provides for an irrevocable offer of dedication (IOD) from the applicant for the future expansion of West 15th Street; and therefore is consistent with the Circulation Element of the General Plan. Additionally, the application has been conditioned to re- design the staircases to the units fronting West 15th Street to allow for an additional 12 -foot setback from the current roadway. The IOD shall be recorded prior to the recordation of the tract map. 3. The project as conditioned provides for an in -lieu fee of $8,000.00 for every market rate unit developed, or $360,000.00 to satisfy the projects affordable housing requirement; and therefore is consistent with the Housing Element of the General Plan. ,A Resolution No. Page 2 of 13 Consistency with the Title 20 (Zoning) 1. A total of 90 covered parking spaces (2 garage spaces for each unit) in addition to 26 guest spaces are proposed to serve the project and consequently meets the parking requirements established in Chapter 20.66. 2. The 28/32 Foot Height Limitation Zone applies to all MFR districts. The project has met this standard by setting the height of all buildings at exactly 28 feet from the existing natural grade. 3. The project has met both the front and rear yard setbacks as currently designed. 4. A modification of the side yard setbacks will be needed for both the western and eastern property lines. The residential parking areas immediately adjacent to the subject site provide a buffer around the project site's side yards. Additionally, the proposed project provides a balance of open space and landscaping with paving and hard surfaces while adhering to the standard regulations for the zoning district. Therefore, maintaining a minimum distance of seven (7) feet between the townhomes and the adjacent properties will not be detrimental to the surrounding neighborhood. The legislative intent of required setbacks is to ensure adequate light, air, privacy and open space for each dwelling unit. Because the adjacent parking areas provide additional open space between the proposed townhomes and the existing residences, in staffs opinion maintaining a minimum distance of seven feet between the townhomes and the adjacent property lines, is consistent with the legislative intent of Title 20 and will not be detrimental to the surrounding neighborhood. Vesting Tract Map for 869 -875 West 15"' Street 1. The subdivision is consistent with the General Plan. Additionally, the proposed subdivision is consistent with the Newport Beach Subdivision Code and Subdivision Map Act and conditions of approval have been included to ensure compliance. 2. The project site is flat, developed with urban uses with no environmental resources. No other physical constraints to construction are known. Applicable planning policies and codes permit mufti- family residential to have a maximum gross floor area limit of 1.75 times the buildable area of the site. The proposed project is below this limit. Due to these factors, the site is suitable for the type and density of development proposed. 3. A Mitigated Negative Declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site except for Newport Bay. The project includes a system of filtering storm runoff on site before it is discharged to the storm water system. The project also includes improvements to the local storm water system where a fossil type filter will be installed to treat the first or low flow discharge prior to discharge to 16 Resolution No. Page 3 of 13 Newport Bay. These features will mitigate and improve water quality thereby avoiding impacts to fish or wildlife. 4. The project consists of 45 individual residential structures permitted by local ordinance and the General Plan. No evidence is known to exist that would indicate that the proposed subdivision pattern will generate any serious public health problems. 5. No public easements for access through or use of the property have been retained for the use by the public at large. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the new project. Therefore the proposed subdivision will not impact public easements. Public improvements may be required of a developer per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map Act and public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 6. The design of the proposed project provides each lot with direct southern exposure to the maximum extent feasible; therefore, solar access and passive energy conservation goals are met. 7. The proposed subdivision facilitates the creation of 45 new residential units, which will assist the city in meeting its housing needs. Public services are available to serve the proposed development of the site and the Mitigated Negative Declaration prepared for the project indicates that the project's potential environmental impacts are expected to be less than significant. 8. Waste discharge into the existing sewer will be consistent with residential use due to the design and limitations of the use of the property established by existing zoning regulations. It is not anticipated that waste discharge into the sewer from these uses would violate any Regional Water Quality Control Board (RWQCB) requirements or Orange County Sanitation District standards. 9. That public improvements may be required of a developer per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map Act. Mitigated Negative Declaration An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between March 13, 2001 and April 14, 2001. Comments were received from the Mesa Consolidated Water District and the California Department of Conservation, Division of Oil, Gas, Geothermal Resources. 2. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse l�p Resolution No. Page 4 of 13 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 are anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. Section 4. Based on the aforementioned findings, the Planning Commission hereby adopts a Mitigated Negative Declaration and Approves Newport Vesting Tract Map No. 2001 -002 (Vesting Tentative Tract Map. No. 16468) and Modification Permit No. 2002 -117, subject to the conditions set forth in Exhibit "A° attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk ..or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17'' DAY OF APRIL, 2003. Steve Kiser, Vice Chairman Shant Agajanian, Secretary AYES: NOES: ABSENT: J1 Resolution No. Page 5 of 13 Exhibit' A" Conditions of Approval The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Project approvals shall expire unless exercised within 36 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 3. In lieu of the requirement for 20% of the proposed dwelling units to be affordable as defined by the City's Housing Element, a fee of $8,000 per unit built for a total of $360,000.00 shall be paid to the City to satisfy the project's affordable housing requirement. 4. Each individual unit shall be protected with an automatic fire suppression sprinkler system subject to the review and approval of the Newport Beach Fire Department. 5. A fire protection system acceptable to the Fire Department will be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 6. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. 7. Residential trash receptacles shall be stored within the residential garages. 8. 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. 9. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director and the General Services Department prior to the issuance of a building permit. 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. 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. �W Resolution No. Page 6 of 13 10.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. 11.AII vehicular access rights to West 15th Street shall be released and relinquished to the City of Newport Beach, except for the proposed entrance driveways. 12. Prior to the recordation of the map or prior to the issuance of building permits for the new construction, the applicant shall record an irrevocable offer of dedication (IOD) for a 12 -foot wide easement along the entire West 15th Street frontage to the City of Newport Beach. The IOD shall be subject to the review and approval of the Newport Beach Public Works Department and City Attorney prior to recordation. 13. The entry walkways that face West 1 e Street shall be redesigned such that steps or planter walls shall not be within the 12 -foot areas subject to the irrevocable offer of dedication (IOD). The only permissible structures within the 12 -foot IOD area are paved walkways on grade. If the re- design of the steps to the units due to the IOD is deemed physical infeasible, the applicant's design must be reviewed and approved by the Public Works Director. 14.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. 15. Each residential unit shall be separately served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 16.The intersection of the private streets or drives with West 15th Street shall be designed to provide sight distance for a speed of 40 miles - per -hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. lq Resolution No. Page 7 of 13 17. If it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department with respect to turnaround radii, guest entry kiosk placement, etc. A minimum length of 60 feet of vehicle stacking before the entry kiosk is required. 18. Easements for public emergency and security ingress, egress and public utility purposes on all private streets shall be dedicated to the City and that all easements be shown on the final tract map(s). 19.That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 20.All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 21. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles prior to the issuance of building permits for new construction. Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. 22.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 23.A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements and public improvements prior to recording of the tract map. 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. 24. The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. 25.AII 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. N Resolution No. Page 8 of 13 26. The overhead utility lines and poles along the West 15th Street frontage (southerly side) shall be replaced with an underground system in accordance with Section 19.28.090 of the Municipal Code. 27. The applicant shall replace the pole- mounted streetlights along the West 15th Street frontage with standard concrete poles served by underground conduits and connectors prior to the occupancy of the units. 28.Prior to recordation of a final tract map, the subdivider shall provide written documentation from the southwesterly situated property owner that the proposed access gate for emergency vehicles may be constructed through the existing boundary wall including any alterations of improvements or landscaping on the adjoining property necessary to accommodate such access. 29.Any Edison transformers serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 30.A final map shall be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor and to the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot comer unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 31.A standard subdivision agreement and accompanying surety shall be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. 32.The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 33.Street, drainage and utility improvements shall be shown of standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer. All non - standard improvements shall be shown on standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer and the City Council. a� Resolution No. Page 9 of 13 34.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. 35. The design of the private streets and drives shall conform to the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 24 feet. The location, width, configuration, sight distance and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. 36. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal - Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 37.A site plan shall be provided prior to recordation of any tract map or issuance of a building permit for new construction showing the location of all proposed street lights, fire hydrants, trees, landscape, vents and other obstructions. 38.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 39. County Sanitation District fees shall be paid prior to issuance of any building permits. 40. That curb and gutter be reconstructed along the West 15th Street frontage under an encroachment permit issued by the Public Works Department to replace the existing driveways. Existing sidewalk shall be replaced with a minimum four -foot wide sidewalk located adjacent to the right -of -way along the entire West 15th Street frontage. 41. 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. 42.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 applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated a� Resolution No. Page 10 of 13 Mitigation Measures of the Mitigated Negative Declaration — 43. Design, locate and arrange all new on -site lighting so as to reflect the light away from surrounding residential properties and ensure that low intensity, non - blinking lamps are used 44. If conventional paints and coating are used, construction is anticipated to create significant ROG emissions associated with the application of these products and mitigation is warranted to reduce this impact to less than significant levels. Applicable mitigation includes the requirement that the construction contractor use low volatility paints and coatings as discussed below: • All primers shall contain less than 0.85 pound per gallon (102 gram /liter) VOC. All top coats shall contain less than 0.07 pound per gallon (8 grams/liter) VOC 45. If buried historical resources are discovered during ground - disturbing activities work will stop in that area and within 100 feet of the find until a qualified historian can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach and other appropriate agencies. 46. If buried archaeological resources are discovered during ground - disturbing activities work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach and other appropriate agencies. 47. If buried paleontological resources are discovered during ground - disturbing activities work will stop in that area and within 100 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach and other appropriate agencies. 48. If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner has been informed and has determined that no investigation of the cause of death is required. 49. If the remains found are of Native American origin there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner has been informed and has determined that no investigation of the cause of death is required. In addition, the human remains and any associated grave goods shall be treated or disposed of with appropriate dignity as provided in Public Resources Code Section 5097.98. �3 Resolution No. _ Page 11 of 13 50.All grading shall be accomplished under the observation and testing of the project geotechnical engineer and engineering geologist in accordance with the Earthwork Specifications of the Pack Soils Engineering, Inc Geotechnical Investigation produced for the proposed site. 51.All loose, compressible artificial fill and natural soils should be removed and replaced with compacted fill. All fill and processed natural ground should be compacted to a minimum relative compaction of 90% as determined by ASTM Test Method: D- 1557 -91. Compaction shall be achieved at slightly above the optimum moisture content. Compaction shall be achieved with the use of sheepsfoot rollers or similar kneading type equipment. Mixing and moisture conditioning will be required in order to achieve the required moisture conditions. 52.After removals, scarification, and compaction of in -place materials are completed, additional fill may be placed. Fill should be placed in thin lifts (8 -inch bulk), moisture conditioned to slightly above optimum, compacted and tested as grading progresses until final grades are attained. 53.A comprehensive asbestos survey and a comprehensive Lead Based Paint (LBP) survey shall be conducted in order to determine the presence or non - presence of asbestos or lead in on -site structures. 54. For renovation and demolition construction activities that will disturb asbestos - containing materials, a qualified asbestos abatement contractor will remove and clean the area in accordance with SCAQMD and California OSHA requirements prior to commencement of construction activities. 55.All construction contractors shall comply with SCAQMD regulations, including Rule 1113, which regulates architectural coatings, and Rule 1403, which specifies actions to control asbestos emissions during demolition activities. Construction contractors shall provide documentation to the City of Newport Beach that they will comply with all applicable SCAQMD regulations and the mitigation measures. 56. For demolition or construction activities that will disturb areas containing lead -based paint (LBP) a Lead Management Program shall be prepared, and implemented, to avoid incidental, and/or accidental disturbance of lead -based paint. The program shall set forth operational and maintenance guidelines to minimize lead exposure. Prior to demolition, or major construction, specifications shall be properly modified to incorporate the appropriate handling and/or removal of lead -based paint. The Lead Management Program shall be submitted to the City of Newport Beach for review prior to disturbance of any affected areas. 57. Personal and random area air monitoring shall be conducted during lead removal and /or demolition. 58. Contractors shall keep debris piles wet after demolition to prevent lead particles from becoming airborne. AA Resolution No. Page 12 of 13 59.AII construction contractors shall comply with precautionary measures in accordance with the guidelines set forth by the EPA, the Occupational Safety and Health Administration (OSHA) and other regulatory agencies. Construction contractors shall provide documentation to the City Newport Beach that they will comply with all applicable regulations and mitigation measures. 60.AII known and observed hazardous materials will be remediated in accordance with the recommendations included in Section 3.7 of this document. If locations where spillage of fluids from prior activities or hazardous materials are discovered during construction activities, these construction activities shall be curtailed until the area is evaluated and remediated as determined appropriate. Removal of petroleum contamination will also alleviate the generation of hydrogen sulfide and its attendant odor. These activities would fall under the direction of both local and State agencies that would "sign off' on the remediation effort upon completion. 61.Prior to the construction of any structures, proximate soil gas testing shall be performed to ensure that methane or other soil gases do not permeate the buildings. This testing program shall be developed and applied in consultation with SCAQMD staff. If gaseous constituents are found to be above regulatory levels, the Applicant shall work with these agencies to develop methods to ensure that unsafe levels do not accumulate within the proposed structures. 62.To ensure proper review of building projects, the project applicant shall contact the Cypress Office of the DCDOG for a copy of the site - review packet entitled, "Construction Project Site Review and Well Abandonment Procedure" that outlines the information a project developer must submit to the DCDOG for review. 63.After on -site structures and paving has been removed, any abandoned well or sump suspected to be the source of methane emissions on the site shall be investigated and identified on future project maps and a legible copy of the final project map shall be submitted to DCDOG's District Office in Cypress. 64. If the source of the methane can be mitigated, such as through proper abandonment or reabandonment of the well if that is determined to be the cause of the emissions, then that mitigation shall be implemented. Further, if any plugged and abandoned or unrecorded wells are damaged or uncovered during excavation or grading, the DCDOG's Cypress office shall be contacted to obtain information on the requirements for and approval to perform remedial operations. 65. If the source of methane emissions is determined to be an oil sump, a plan for removal shall be developed and implemented. If the source of the methane emissions cannot be eliminated by oil well abandonment and /or sump removal, an active remediation system shall be imposed upon the project. That system may include, but shall not be limited to, methane extraction and emission control equipment including the placing of an adequate gas venting system over the well should any construction be proposed over the well as a part of this project. P Resolution No. Page 13 of 13 66. SECOR and the City of Newport Beach Fire Department shall evaluate the proposed project site and evaluate residual emissions for active control; these entities shall also develop and implement a methane gas monitoring plan. 67. Passive methane controls shall be planned into the development. These controls shall include methane gas barriers beneath the proposed townhome structures; utility methane controls; methane detectors in all homes near higher methane concentrations; and a building set back from the future located and re- abandoned well. These measures shall also include other measures established by the City of Newport Beach Fire Department as deemed necessary. 68. Prior to site preparation, grading or construction of the proposed project, the construction contractor shall prepare a WQMP. The WQMP shall identify the BMPs that will be used on -site to control predictable pollutant runoff. 69.The applicant will obtain an NPDES permit from the Santa Ana Regional Water Quality Control Board (SARWQCB) that will stipulate permissible waste discharge requirements (WDRs) for the operations phase of the project. Low phosphate fertilizers will be used in minimal amounts. The applicant will adhere to the WDRs. Water quality and compliance oversight will be monitored and provided by the City of Newport Beach Planning Department's Code Enforcement Division. 70. The Applicant shall provide forced air ventilation to all residential units. 71. Construction equipment shall be equipped with mufflers and sound control devices (e.g., intake silencers and noise shrouds) no less effective than those provided on the original equipment and no equipment shall have an unmuftled exhaust. 72.Construction equipment shall be maintained properly and tuned -up to minimize noise emissions. 73.Stationary source equipment (e.g., compressors) shall be located so as to maintain the greatest distance from residential dwellings. 74.All equipment servicing during construction activities shall be performed so as to maintain the greatest distance from the dwellings. 75. 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