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HomeMy WebLinkAbout2005-44 - St. Andrews GPA & Use PermitRESOLUTION NO. 2005 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -001 AND USE PERMIT NO. 2002 -056 FOR THE SAINT ANDREW'S PRESBYTERIAN CHURCH EXPANSION PROJECT LOCATED AT 600 ST. ANDREWS ROAD (PA2002 -265). WHEREAS, an application was filed by St. Andrew's Presbyterian Church for property identified as 600 St. Andrews Road located at the southwesterly corner of the intersection of 15th Street and St. Andrews Road. The application requests approval of a General Plan Amendment to increase the maximum allowable gross floor area that can be developed at the site. The application also includes a request to change the zoning district of the site from R -1 and R -2 to GEIF (Government, Educational and Institutional Facilities). Finally, the application includes a Use Permit to allow the demolition and replacement of Church buildings and the construction of a new Youth and Family Center with a gymnasium. WHEREAS, on May 20, 2004, August 19, 2004, October 21, 2004, November 18, 2004 and December 9, 2004 and May 19, 2005, the Planning Commission held public hearings at which time the overall project application, supplemental materials, technical reports, architectural plans and final EIR were considered. Notice of time, place and purpose of the public hearings was given in accordance with applicable laws and testimony was presented to and considered by the Planning Commission at the hearings. WHEREAS, the Planning Commission voted (5 -2) to recommend approval of the General Plan Amendment, Code Amendment and Use Permit to the City Council. Prior to making the recommendation, the Planning Commission reviewed the Final EIR (State Clearinghouse No. 2003081065), comments received on the EIR and Responses to Comments, and unanimously (7 -0) recommended certification of the Final EIR as compliant with the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.) . WHEREAS, on August 11, 2005 at an adjourned regular meeting, the City Council held a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Adequate and timely notice of the time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. The hearing concluded on August 12, 2005. WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including floor area limitations. City Council Resolution No. 2005 -044 Page 2 of 23 WHEREAS, the current gross floor area limit within the Land Use Element of the General Plan for the project site is 100,428 gross square feet. This was an estimate of the total gross floor area developed prior to 1987 on the St. Andrew's property. Prior to 1987, there was no floor area limit applicable to the St. Andrew's property nor was there a specific floor area limit established with prior project approvals (Use Permit No. 822). The Land Use Element included this floor area as a maximum intensity limit and no additional floor area was projected for future additions. Floor area estimates that were included in the update of the Land Use Element in 1988 were based upon available information to the City at that time, which included building permits, building plans, air photographs and field reconnaissance. With the adoption of the 1988 Land Use Element, the City acknowledged that every care was taken in the preparation of the floor area estimates given the limits of the source information and that there was a possibility for errors. A licensed architect has evaluated the buildings on the St. Andrew's property and represents the total gross floor area of the property to be 104,440 square feet. The City has no evidence to suggest that the total area identified by the architect is incorrect. Furthermore, the total gross floor area of the property has not changed from 1987 as no permits for additions have been granted since that time. Therefore, the difference between the 1987 estimate and the actual gross floor area (4,012 sq. ft.) is attributable to an error in the 1987 estimate. Finally, increasing the 1987 estimate by this amount to more accurately reflect the total gross floor area does not constitute an increase in permitted entitlement. WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed General Plan Amendment does not impact the diversity of land uses as it only requests an increase in gross floor area to be used for religious assembly, incidental religious education and youth programs that presently occur at the site. The application does not include the introduction of new uses inconsistent with the Governmental, Educational and Institutional Facilities land use designation of the site. WHEREAS, the City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The net increase (15,000 gross square feet) in total development will not result in undesirable levels of service of the circulation system based upon the traffic study prepared for the project. WHEREAS, the General Plan calls for the siting of new buildings and structures to be controlled and regulated to ensure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural landforms along bluffs and cliffs. No public views exist through or across the subject property and no natural landforms presently exist at the site. City Council Resolution No. 2005 -044 Page 3 of 23 WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate development standards to ensure that the quality and character of residential neighborhoods are maintained and that non - residential projects are aesthetically pleasing and compatible with surrounding land uses. The City maintains and implements development standards through the Zoning Ordinance and Zoning Map. The proposed project includes the rezoning of the site from R -1 & R -2 to GEIF. This change will eliminate residential development standards presently applicable to the institutional uses and buildings that are developed and proposed for the site. Residential development standards are not appropriate nor are they intended to be applicable to institutional uses and the GEIF (Governmental, Educational and Institutional Facilities) zone is intended to implement the General Plan land use designation applicable to the site of Governmental, Educational and Institutional Facilities. WHEREAS, the 15,000 gross square foot expansion of the religious institutional buildings and use as proposed while operating under the proposed conditions it would be operated and /or maintained will be consistent with the General Plan and the purpose of the proposed district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons based upon the following parameters: a) The project does not provide sufficient off- street parking at the project site in accordance with the Municipal Code if the various buildings are used for assembly or other functions concurrently. The applicant desires to have concurrent occupancy of various buildings and rooms within the overall campus. Limits on the overall site occupancy based upon parking availability are absolutely necessary to find that the expanded facility is compatible with the community. b) St. Andrew's Church has offered overall campus occupancy limitations that fluctuate during the week to promote neighborhood compatibility by reducing traffic and parking demands while providing sufficient flexibility for continued use and prosperity of the congregation. At times, these occupancy limits are less than the available parking might otherwise allow using a 3 persons per parked vehicle ratio based upon the parking standard for religious assembly uses within the Municipal Code. The reduced occupancy standards will reduce the possible intensity of activity during the evening hours to be more compatible with the surrounding residential neighborhood. c) Notwithstanding the occupancy limits and resulting reduced parking demand, the project site can generate a need for parking that exceeds available off- street supply as evidenced by on- street parking conflicts experienced in the area for many years. Therefore, the project must provide a minimum of 600 off- street parking spaces for its use of which a minimum of 250 spaces and no more than City Council Resolution No. 2005 -044 Page 4 of 23 400 spaces will be on site. Except as otherwise set forth in the conditions of approval for the proposed project, the balance of the parking spaces must be located within the 15 h Street parking lot at Newport Harbor High School. d) The additional entitlement of 15,000 square feet of gross floor area would not be recommended for approval without the provision of parking as described in this resolution and as required pursuant to the conditions of approval. e) The application filed by the Applicant provides for 400 onsite parking spaces, some of which are subterranean. The final EIR evaluated the grading for the project and concluded the project does not create a significant environmental impact with respect to air quality. f) If the Church intends to rely on more than the existing 252 parking spaces at the 15th Street lot at Newport Harbor High School, such a parking arrangement for such additional spaces in excess of the existing 252 must be accomplished by a written parking agreement with the Newport Mesa School District for a term of no less than 30 years. g) The project as conditioned will provide better parking management and monitoring provisions, which should increase the efficient use of off - street parking facilities, reduce on- street parking demands, re- direct traffic generated by the Church away from sensitive residential streets and reduce parking conflicts created by traffic and parked vehicles from both the Church and Newport Harbor High School. These factors are considered beneficial and will help preserve and enhance the single family residential area abutting the project site and would not otherwise be realized without project approval. h) The existing use of the site as authorized and regulated by Use Permit No. 822 generates neighborhood compatibility issues due to the intensity of use of the site. Specifically, noise, traffic and parking on streets in the residential area impact area residents negatively from time to time. Conditions of approval for Use Permit No. 822 are not adequate to ensure neighborhood compatibility at all times. Although the proposed project is larger in area and may lead to increased use of the site that will affect the neighborhood, the project as conditioned will be a benefit to the community and improve the compatibility of the project due to the imposition of the proposed conditions that are superior to those of Use Permit No. 822. Operational limitations coupled with enhanced reporting /monitoring provisions, increased parking supply on the Church site and physical changes to the site (including the gymnasium to enclose outdoor activities, lighting subject to current regulations and the Clay Street wall to discourage street parking and improve sound attenuation) will mitigate existing conditions and the impact of future activities. City Council Resolution No. 2005 -044 Page 5 of 23 WHEREAS, a Traffic Study was prepared by Kimley Horn and Associates under the direction and supervision of the City Transportation /Development Services Manager (City Traffic Engineer) in accordance with the requirements of the Traffic Phasing Ordinance (TPO). The study found that the originally proposed project consisting of approximately 36,000 gross square feet (net increase) would not cause the Level of Service of the study intersections to deteriorate below a Level of Service D. The reduction of the proposed project to no more than 15,000 gross square feet (net increase) generates fewer trips and since the project average daily trip increase attributable to the smaller project is below 300, the project is exempt from the TPO. WHEREAS, charter Section 423 and Council Policy A -18 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and if a vote by the public is required. Voter approval of the project is not required as the project represents a projected increase of 11 — A.M. and 10— P.M. peak hour trips, 15,000 gross square feet of non - residential floor area and zero residential units. These increases do not cumulatively exceed Charter Section 423 thresholds for a vote as there are no previous amendments approved for Statistical Area H -3. The project will be tracked as a prior amendment per Charter Section 423 and Council Policy A -18. WHEREAS, the Final Environmental Impact Report (State Clearinghouse No. 2003081065) certified by City Council Resolution No. 2005 -43 identifies potential significant impacts to the environment and certain mitigation measures designed to avoid such impacts or reduce them to a less than significant level. NOW, THEREFORE, BE IT RESOLVED Based on the aforementioned findings, the City Council hereby approves General Plan Amendment No. 2003 -001 as in Exhibit "A ". NOW, THEREFORE, BE IT FURTHER RESOLVED Based on the aforementioned findings, the City Council hereby approves Use Permit No. 2002 -056 subject to Conditions of Approval set forth in Exhibit "B" and subject to adoption and effectiveness of Ordinance No. 2005 -16 approving Code Amendment No. 2003 -002. This resolution shall become effective thirty (30) days after the date of its adoption. Passed and adopted by the City Council of Newport Beach at an adjourned regular meeting held on the 11th and 12th day of August, 2005 by the following vote to wit: City Council Resolution No. 2005 -044 Page 6 of 23 AYES, COUNCIL MEMBERS Selich, Ridgeway, Daigle, Nichols, Mayor Heffernan NOES, COUNCIL MEMBERS Rosanky, Webb ABSENT, COUNCIL MEMBERS ATTEST: CITY CLERK YOR City Council Resolution No. 2005 -044 Page 7 of 23 Exhibit "A" The following changes shall be added to the Land Use Element and all other provisions of the Land Use Element of the General Plan shall remain unchanged: "Cliff Haven Area (Statistical Area 1-13) 3. Church Site at 15th Street and St. Andrew's Road. . This site is designated for Governmental, Educational and Institutional Facilities. The site is allocated 119.440 gross square feet^^^, ^,� �4-sq-.#-." City Council Resolution No. 2005 -044 Page 8 of 23 Exhibit "B" Conditions of Approval Use Permit No. 2002 -056 Operational Conditions 1. The hours of operation for the entire Church campus shall be between the hours of 7AM to 10PM daily except that the Youth and Family Center (Building E) may be open till 11 PM Friday and Saturday. With a few exceptions for holiday programs and special events, program events of more than 400 persons shall not start later than 8PM and shall be scheduled to end at least 30 minutes prior to the normal end of operation hours. Administrative meetings, prayer groups and custodial activities may occasionally occur before or after these hours and shall be limited to not more than 40 persons in the aggregate at any one time. 2. Concurrent occupancy of the Church property shall not exceed, at any one time, the number of parking spaces available for use by the Church on the site plus the number of parking spaces in the 15th Street parking lot at Newport Harbor High School to which the Church has a right of use times 3. For example, if the Church has 285 parking spaces on the site, and is allowed by the School District to use 100 spaces in the 15�h Street parking lot at Newport Harbor High School, the maximum concurrent occupancy of the site would be limited to 385 x 3, or 1155 people. Notwithstanding the general occupancy restriction described in the preceding paragraph, the following additional restrictions shall apply: a. Evening maximum concurrent occupancy: two evenings per week at 400 people; three evenings per week at 600 people; and two evenings per week at 1,200 people. The Church shall, on a quarterly basis, file with the Planning Director a written notice as to which evenings of each week of such quarter will be subject to which occupancy limitations described herein. b. Daytime maximum concurrent occupancy: Sundays at 1,800 people; all days during which Newport Harbor High School is not in session (other than Sundays) and anytime after school hours, 1,200 people; during school hours, concurrent occupancy shall conform to the formula set forth above. c. The occupancy restrictions shall not apply to memorial services. However, weekday memorial services with expected attendance over 250 shall not be scheduled before 1 PM when parking at the ratio described above is not available on the Church site, or at the 15`h Street parking lot at NHHS. Evenings are defined as the time after 6PM any given day City Council Resolution No. 2005 -044 Page 9 of 23 Notwithstanding these occupancy limitations, concurrent site occupancy within various buildings may exceed the established limits on no more than 8 holidays and special days of worship per year. 3. The applicant shall provide on -site a number of parking spaces equal to 600 spaces, less the number of parking spaces to which the Church is allowed by the School District to use in the 15th Street parking facility at Newport Harbor High School, but not more than 400 spaces, nor less than 250 s�aces. If the applicant desires to use more than the existing 252 spaces in the 15t Street lot at Newport Harbor High School, the applicant shall enter into an off -site parking agreement guaranteeing the additional parking spaces in the 15th Street parking lot at Newport Harbor High School for the project site for a minimum duration of 30 years. The form and content of such an agreement shall be subject to the review and approval of the City Attorney and the Planning Commission. Furthermore, either the 15th Street parking lot at Newport Harbor High School or the on -site parking lot shall be available for use by the Church at all times during construction. Occupancy of the project site during construction shall be limited to the number of on -site and off -site parking spaces that the Church has the right of use (as described in the approved Traffic Management Plan for construction), times 3 people. 4. In the event that the Church should lose the right to use parking within the 15th Street parking lot at Newport Harbor High School, the Church shall immediately modify its activities and occupancy to reduce occupancy to that commensurate with available off - street parking "(i.e. number of spaces times 3) and may file for an amendment to this use permit to provide alternate, adequate and comparably convenient off - street parking at a separate location. 5. No private school from above kindergarten shall be operated on -site without an amendment to the Use Permit. The maximum concurrent occupancy of the preschool and kindergarten shall be 240 children. 6. Coach bus pick -up and drop -off shall occur at curbside on 15th Street at the perimeter of the Church property. School bus pick -up and drop -off shall occur within the parking lot at one of the designated drop off points. 7. The storage of Church busses shall be offsite at a location that will not interfere with available on -site or off -site Church parking. No such storage shall result in the bus or other Church vehicles used for the transportation of 10 or more people being in public view on the Church site. 8. The on -site parking facilities shall not be used for activities other than parking and loading /unloading. Notwithstanding this limitation, use of the on -site parking facility on a day to day basis as a children's play area in conjunction with the preschool, kindergarten is permitted to the extent that the parking spaces are not otherwise needed. Subject to the occupancy limitation described in these conditions, use of the City Council Resolution No. 2005 -044 Page 10 of 23 parking facility for other events is allowed and is limited to three (3) afternoons per calendar year and five 5 mornings per calendar year when school is not in session at Newport Harbor High School. Use of the on -site parking facility for any use other than parking shall be properly supervised and must not create any hazardous conditions. No amplified sound shall be allowed at events held in the parking facility. Uses and attendance of the on -site parking facility shall be reported to the City in accordance required monitoring provisions of this Use Permit. 9. A minimum of 40 minutes shall be maintained between worship services, or special events that are expected to have more than 800 participants. 10.The additional total gross floor area (exclusive of the parking structure) that may be developed on the project site shall not exceed 15,000 square feet. Plans of the final design shall be subject to the review and approval by the Planning Director for consistency with the intention of the final action of the City Council. 11. Use of the gymnasium shall be limited to Church sponsored events. Church sponsored events are defined as events whose primary focus is an activity for the members of the Church. It does not include youth or adult recreational events which are open to members of the general public, such as basketball or volleyball tournaments or leagues or similar types of events. Use of the gymnasium as a venue concurrent with other assembly spaces within the entire campus shall be subject to the overall site occupancy limitations. 12.Youth events shall be properly supervised to discourage youth from loitering or making excessive noise on the site. The Church shall encourage the use of the below grade lobby circulation area of Building E for access to below grade parking areas for entering and exiting the Youth and Family Center for all youth events. Youth events shall be given priority parking in the lower level of the parking facility. 13. Limited indoor overnight use of the Family and Youth Center identified on the plans as Building E is permitted for Church youth programs. The number of events shall not exceed 12 per calendar year. The Church shall notify, 24 hours in advance of such overnight events, any resident residing within 300 feet of the project site who has specifically requested such notification. The notice shall include the supervisor's name and the phone number where the supervisor can be reached during the event to report noise or conduct issues. No event shall exceed one (1) night in duration, and no group shall exceed 200 people in the aggregate. 14. Weekday parking during business hours in the lower level parking facility will be assigned to staff and to NHHS students (by permit) to the extent available, except during worship services or special events. 15. During worship services, or special events with over 800 persons in attendance, the Church shall direct event participants (such as choir members and other staff as City Council Resolution No. 2005 -044 Page 11 of 23 opposed to typical congregants) to park within the NHHS 15th Street parking lot to the extent they are allowed to do so by the Newport Mesa School District. Additionally, other attendees shall be directed to this lot as provided for in the approved Traffic Management Plan for the expansion project as required in other conditions of approval. Ministers, special guest speakers or disabled participants are exempt from this condition. 16.A 6 -foot high screen wall shall be constructed along Clay Street and shall be made of decorative concrete block and shall wrap around both 15th Street and St. Andrews Road per the revised plan dated October 21, 2004. No portion of the wall shall encroach within the public right of way. Landscaping and a permanent irrigation system shall be installed between the wall and the sidewalk. The width of this planting area shall be a minimum of 4 feet wide. The planting area shall provide adequate area for trees and plantings to screen or soften the wall in an aesthetically pleasing manner. The design of the wall and the landscaping between the wall and the sidewalk shall be subject to the review and approval by the Planning Commission prior to the issuance of a building permit. Should any portion of the landscape planting area be within the public right of way, the applicant shall be responsible for maintenance of all improvements in such planting area. 17.The applicant shall implement all measures contained within the Traffic Management Plan (TMP) for Construction and the Traffic Management Plan for the St. Andrew's Expansion Project both prepared by Linscott Law & Greenspan and dated November 24, 2004. These TMPs shall be subject to further review and revision by the City Traffic Engineer prior to the issuance of a building permit. Thereafter, modifications of the TMPs may be authorized from time to time by the City Traffic Engineer and Planning Director provided that they are limited to eliminating unnecessary aspects of the TMPs or implementing new or altered traffic or parking management techniques that improve traffic and parking management. Should any conflicts between the TMPs and these conditions of approval, the conditions of approval shall take precedence. 18.The project shall provide emergency access to and from Clay Street as required by the Building Code and the Fire Marshal. Each of these access points, including the driveway from Clay Street to the on -site parking lot, shall be gated and shall be available for emergency access only. Each access point shall not be designed or otherwise used for non - emergency vehicular or pedestrian ingress /egress to the site. The Building Department and Fire Department shall review and approve the access points and gates prior to the approval of a building permit for the project. 19. The St. Andrews Road driveway accessing the parking lot shall be a left in and right out only and be closed (except for emergency exit/entrance) after 5:OOPM. The applicant shall make necessary changes to the configuration of the driveway on the site plan to discourage other turning movements. The applicant shall install proper regulatory signs accordingly. The design of the driveway and the location and City Council Resolution No. 2005 -044 Page 12 of 23 content of signs shall be subject to the review and approval of the City Traffic Engineer. 20.The Church shall monitor daily occupancy of the entire Church campus and shall file a written report of the occupancy with the Planning Director on a quarterly basis. The content of the monitoring reports shall be specified by the Planning Director and shall be sufficiently detailed to document compliance with the maximum concurrent occupancy limits for the various daily time periods established in these conditions. The Director can, at any time, increase the reporting requirements beyond those initially established as needed to document compliance. 21.Corridors, vestibules, foyers and storage areas as shown on the floor plans for Building E shall not be used as meeting space /area and shall not have seating. Conditions Planning Department 1. The development shall be in substantial conformance with the plans stamped "Revised" and marked 'Received on October 21, 2004" except as modified by other conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by property owner. 5. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the use or one or more of the conditions set forth herein is not being complied with, or the manner in which the project 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. 6. 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. Except for that portion of the landscape plan that is subject to the City Council Resolution No. 2005 -044 Page 13 of 23 approval of the Planning Commission, the landscape plans shall be approved by the Planning Director 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. 7. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 9. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 10. 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. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. This condition shall not apply to the lighting of the existing cross. 11. The applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The building and grounds shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, based on 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. 12.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. Vacuum /sweeping trucks shall be prohibited in the on -site parking facility between the hours of 10PM and 6AM. City Council Resolution No. 2005 -044 Page 14 of 23 13.The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 14.A six -foot high screen and security fence shall be placed around the parking lot at the property line during construction. 15. Construction equipment and materials shall be properly stored on the site when not in use. 16. The project shall comply with SCAQMD Rule 403, which requires that, "... every reasonable precaution (is taken) to minimize fugitive dust emissions ..." from grading operations to control particulate emissions, shall be implemented during the grading and construction phase. 17. The project shall comply with SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel for stationary construction equipment. 18. The project shall comply with Title 24 energy - efficient design regulations as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with Uniform Building Code requirements. 19. During demolition and excavation, daily total haul trucks shall travel no more than a cumulative 2005 miles per day hauling materials from the site to and from the dumping site. 20. Prior to commencement of demolition and grading the project applicant shall submit to the City maps and /or calculations showing the proposed travel route for haul trucks, the distance traveled, and how many daily truck trips that can be accommodated while keeping the cumulative miles traveled to below 2005 miles each day. The daily haul truck trips shall not exceed 2005 miles during demolition and excavation activities. 21. The applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified paleontologist and archaeologist have been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The paleontologist and archaeologist shall be present at the pre -grade conference, shall establish procedures for paleontological and archaeological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification and evaluation of the findings. If archaeological and /or paleontological resources are discovered, which require long -term halting or redirecting of grading, the archaeologist/paleontologist shall report such findings to the applicant and City. The archaeologist/paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper City Council Resolution No. 2005 -044 Page 15 of 23 exploration and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first- refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. 22.A site - specific foundation subsurface investigation for planned structures shall be prepared by the applicant and submitted to the City for review and approval prior to issuance of the grading permit to verify subsidence and liquefaction potential. The foundation subsurface investigation shall identify specific measures to ensure that proposed structures are designed to withstand the potential secondary seismic effects. 23. All construction shall conform to the 1997 edition of the Standard Specifications for Public Works Construction except as specifically amended by the Contract Documents. All work shall be done in accordance with: (1) the Special Provisions; (2) the Plans for this project; (3) the latest 1997 American Public Works Association Standard Plans as amended; (4) the Newport Beach Standard Drawings; and (5) the most current locally adopted version of the California Building Code. 24. The removal of asbestos containing materials shall be performed in accordance with methods specified in 8 CCR 1529, SCAQMD Rule 1403. 25. Friable asbestos containing materials (e.g., pipe insulation material, spray - applied ceiling texture material, etc.) removal shall be conducted in strict accordance with Class I asbestos work requirements set for in Cal -OSHA regulations. 26. Non - friable asbestos containing materials (e.g., floor tile and mastic, window putty, roofing materials, joint compound, linoleum, etc.) removal shall be conducted in strict accordance with Class II asbestos work requirements as set forth in Cal -OSHA regulations. 27. Any demolition refuse that contains contaminated materials (e.g., asbestos - containing materials) shall be transported in an appropriate manner to a landfill that is certified to receive such waste. 28.A Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant shall provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan shall detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. City Council Resolution No. 2005 -044 Page 16 of 23 29. All development proposed for St. Andrew's Presbyterian Church shall be reviewed for consistency with applicable provisions of the Building Code, Noise Ordinance and other applicable codes and ordinances prior to issuance of building permits. 30. The applicant shall post signs, prior to demolition work, along 15th Street and cross streets in the vicinity of the property that provide adequate warning to motorists, construction workers and heavy truck drivers, and bicyclists warning each of the potential increased hazards. Upon completion of the construction, the signs shall be removed. 31. The applicant shall submit a Construction Traffic Control Plan (including a bike lane detour plan if determined necessary by the City's Traffic Engineer), which shall be prepared by a registered traffic engineer. The Construction Traffic Control Plan shall also identify the need for flagmen to direct traffic, if determined necessary. This plan shall be approved by the City's Traffic Engineer prior to issuance of the demolition permit. 32. Construction activities shall comply with Section 10.28.040 of the Newport Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 33. A noise study shall be prepared and submitted to the City for review prior to issuance of building permits. This noise study shall estimate noise levels generated by the proposed mechanical equipment at the closest residence. Compliance with the Noise Ordinance limits shall be demonstrated, including the provision of any measures determined necessary to meet the limits specified. The mechanical equipment shall not generate an A- weighted average (Leq) noise level of greater than 55 dBA during the daytime (7:00 a.m. to 10:00 p.m.) and 50 dBA during the nighttime (10:00 p.m. to 7:00 a.m.). If the nighttime noise limit cannot be achieved a timer can be used to limit the operation of the system to the daytime hours. The study shall be prepared by a qualified acoustical engineer and submitted to the City of Newport Beach for approval prior to the issuance of building permits. This will ensure that the mechanical equipment constructed with the project does not result in a significant noise impact. 34. The final proposed site plan shall be subject to review and approval by the Newport Beach Police Department prior to the issuance of a building permit. 35. The structures shall be constructed so that the subterranean parking lot can be closed off to vehicular and pedestrian traffic when not in use (i.e., automatic or manual gate). 36. The subterranean parking structure shall be well lit during the day and night. In addition to the subterranean lot, the ground level parking shall be lit at night to allow individuals the ability to identify someone from 100 feet away. The final photometric plan shall be City Council Resolution No. 2005 -044 Page 17 of 23 subject to the review by the Newport Beach Police Department to verify compliance prior to the issuance of a building permit. 37. Convex mirrors shall be used to eliminate hiding places within the subterranean parking structure. The number and location of such mirrors shall be subject to the review and approval of the City Traffic Engineer and Newport Beach Police Department. 38. If Newport Harbor High School students are given a permit or are allowed to park in at the St. Andrews site during school, the Church shall establish on -site student parking regulations and may revoke a student permit at will 39. Prior to issuance of the demolition permit, the Church or contractor shall submit a Construction Traffic Control Plan (including a bike lane detour plan), to be prepared by a registered traffic engineer and submitted to the City of Newport Beach for approval. Approval shall be required prior to issuance of the authorization to proceed. All traffic control work for construction shall conform to the requirements as stipulated by the City of Newport Beach, including lane reductions, use of flagmen, etc. 40. Heavy construction vehicles, including trucks hauling construction equipment, dirt, debris and other materials, shall be limited to non -peak hours during the construction phase when those activities occur during the school year. 41. The design of the parking facilities, including the parking structure, shall incorporate features to facilitate the movement of vehicles and pedestrians, and to encourage full use of the on -site parking spaces Such design features would include: (1) the installation of adequate lighting and light- colored paint in all parking aisles corridors, elevators and stairwells; (2) convenient access to stairs and elevators from all areas of the structure; and clear signage to direct drivers and pedestrians to their desired destinations. 42.Once a successful circulation and parking procedure is developed, it shall be communicated regularly to the Church membership through Church bulletins and the Church website. The applicant shall make an announcement during of Sunday services no less than once per month requesting that congregants not park on the residential streets surrounding the Church and that they park in available off - street locations. 43. Consideration shall be given to adding services at alternative times, such as Sunday afternoon, to disperse parking demands. 44. All Church staff shall park on -site during the weekdays, and not use the street parking, thereby not adding to the on- street parking demand on school days. City Council Resolution No. 2005 -044 Page 18 of 23 45. St. Andrew's Presbyterian Church shall issue 85 parking permits to Newport Harbor High School to reduce the need for neighborhood street parking by students and staff on school days. Police Department 46. Directional signage shall be provided throughout the parking structure. a) Signs shall indicate stairwell and elevator locations, and exit paths for both vehicle and pedestrian traffic. b) Signage shall be a minimum of 12 inches in height with a contrasting background. c) All signs shall be displayed no less than 60 inches from the parking surface and be highly visible from within any portion of the structure. 47. All enclosed stairwells accessing the parking structure shall have the following design features: a) Shatter resistant mirrors or other equally reflective material shall be placed at each level and landing to provide visibility around corners. b) Open areas below the stairwells shall be fully enclosed, therefore restricting access to these locations. c) Stairwells shall be illuminated at all times with a minimum maintained two foot - candles of light on the landings and stair treads. 48-All exterior doors leading to stairwell access throughout the facility including the subterranean parking structure shall have window glazing panels with a minimum five -inch width and 20 -inch height and shall meet the requirements of the Uniform Building Code. This requirement shall also apply to the doors from the underground parking area to the elevator lobby. 49. Elevators located within the parking structure shall be designed with the following features: a) The elevators shall remain illuminated at all times with a minimum maintained two foot - candles of light at floor level. b) All emergency stop buttons shall be installed and connected to an alarm that would activate when the button is pressed. c) All elevator interiors shall have shatter resistant mirrors or other equally reflective material making visible the entire elevator cab prior to an individual entering. City Council Resolution No. 2005 -044 Page 19 of 23 Building Department 50. Prior to the issuance of a certificate of occupancy permit, all improvements shall be constructed in a manner consistent with these conditions and meeting the approval of the Building Department. 51. The proposed project shall conform to the requirements of the California Building Code including any local amendments and State Disabled Access requirements, unless otherwise approved by the Building Department. Fire 52. Each individual building, including the parking garage, shall be protected with an automatic fire suppression sprinkler and alarm system subject to the review and approval of the Newport Beach Fire Department The sprinkler system shall be monitored by a UL certified alarm service company if required by the Fire Department. 53. Approved address numbers shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of made of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke. 54. The project shall include all requirements identified in "Modification Request Case No. 2003 -135. Public Works Department 55.All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 56. 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. 57.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. 58. Utility connections for new buildings and the parking garage shall be underground to City Council Resolution No. 2005 -044 Page 20 of 23 the nearest appropriate pole. 59. Each building shall be served by an individual water and sewer connection. The water meter and sewer clean out, if located within a proposed driveway or parking area, shall have a traffic -grade box and cover. 60. 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. 61. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building or grading permit for construction of the project. 62. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer prior to the issuance of a building permit. A minimum of 250 parking spaces shall be provided on -site. Numerous dead end areas within the parking lot hinder circulation and shall be eliminated or provided with designated turnaround areas to the satisfaction of the Traffic Engineer. 63.AII parking areas shall conform to City Standard 805 -L -A. The plans shall be revised to conform and shall be subject to final approval of the Traffic Engineer prior to the issuance of a building or grading permit for new construction. 64. Widen sidewalks and planters to act as wheel stops as directed by the Traffic Engineer. The maximum allowable overhang is 2.5 feet. 65. Disabled parking shall be redistributed such that Buildings C, D & E each have disabled parking located in close proximity to entrances. 66.The project shall conform to sight distance standard 110 -L contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. Final designs shall be reviewed and approved by the City Traffic Engineer. 67.AII landscape planter noses within the parking lot shall be reduced in length by 2 feet as directed by the Traffic Engineer. 68.The final plans shall provide information detailing the closure of the Clay Street driveway for normal vehicular traffic. The information shall specify all devices and treatment of parking isles adjacent to the driveway. 69.The existing patio area and stairs within the St. Andrews Road right of way shall be eliminated or the applicant shall apply for an Encroachment Permit and receive approval to maintain these structures. City Council Resolution No. 2005 -044 Page 21 of 23 70.The two existing driveways cuts (St. Andrews Road & 15 I Street) as shown on the plans do not align with on -site driveways. On -site driveways shall align with the top of the "driveway x." The plans shall be revised to conform and shall be subject to final approval of the Traffic Engineer prior to the issuance of a building or grading permit for new construction. 71.A drainage plan shall be submitted and approved prior to the issuance of a Building Permit 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. 72.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 shall be separately reviewed by the Public Works Department pursuant to applicable standards and procedures. 73.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. 74. Prior to the issuance of a grading 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 a drainage plan and 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 100 -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. 75. 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. 76. 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 (Building & Public Works Department). 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. 77, Prior to the issuance of a grading 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 City Council Resolution No. 2005 -044 Page 22 of 23 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. 78. 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 Building Department. 79. Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Building Department: a) All provisions for surface drainage. b) All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. c) Where determined necessary by the Building Department, associated public street and utility easements shall be dedicated to the City of Newport Beach. 80.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. 81. 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. 82.During the construction phase, the applicant shall comply with the following requirements: a) 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. b) 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. City Council Resolution No. 2005 -044 Page 23 of 23 83. The maximum allowable gross square footage shall not exceed 119,440 square feet. The applicant shall not request nor shall the City grant an amendment to this Use Permit to increase the maximum allowable area permitted on the St. Andrew's Church campus. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2005 -44 was duly and regularly introduced before and adopted by the City Council of said City at an adjourned regular meeting of said Council, duly and regularly held on the 11th day of August 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Ridgeway, Daigle, Nichols, Mayor Heffernan Noes: Rosansky, Webb Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of August 2005. (A/�M. I City Clerk Newport Beach, California (Seal)