HomeMy WebLinkAboutZA2015-063 - MINOR SITE DEVELOPMENT REVIEW AND PARCEL MAP FOR CONDOS - 421 29th st RESOLUTION NO. ZA2015-063
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR SITE
DEVELOPMENT REVIEW NO. SD2015-006 AND TENTATIVE
PARCEL MAP NO. NP2015-019 FOR A TWO-UNIT, LIVE-WORK
DEVELOPMENT LOCATED AT 421 29T" STREET (PA2015-174)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Cannery Project Newport, LLC with respect to property
located at 421 29th Street, and legally described as Lot 10 and 11 of Block 230, Book 5,
Page 15 of Miscellaneous Maps, requesting approval of a Minor Site Development
Review and a Tentative Parcel Map.
2. The applicant requests a Minor Site Development Review for the development of two
live-work residential units and a Tentative Parcel Map to allow each unit to be sold
separately.
3. The subject property is located within the MU-CV/15 Street (Mixed Use Cannery Village
and 15 Street) Zoning District and the General Plan Land Use Element category is Mixed
Use Horizontal 4 (MU-1-14).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-H (Mixed Use Horizontal).
5. A public hearing was held on November 12, 2015, in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project is categorically exempt under Sections 15303 and 15315, of the State
CEQA (California Environmental Quality Act) Guidelines — Classes 3 (New
Construction or Conversion of Small Structures) and 15 (Minor Land Divisions). The
Class 3 exemption applies to apartments, duplexes, and similar structures designed
for not more than six dwelling units in urbanized areas. The proposed construction of a
two-unit, live-work development is consistent with all requirements of the Class 3
exemption. The Class 15 exemption allows the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or fewer parcels when the
division is in conformance with the General Plan and zoning, no variances or
exceptions are required, all services and access to the proposed parcels are available,
the parcel was not involved in a division of a larger parcel within the previous two
years, and the parcel does not have an average slope greater than 20 percent. The
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Tentative Parcel Map is for condominium purposes and is consistent with all of the
requirements of the Class 15 exemption.
2. The Zoning Administrator finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
Site Development Review
In accordance with Section 20.52.080.E (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. Allowed within the subject zoning district.
Facts in Support of Finding:
1 . The subject property is located within the MU-CV/15 Street Zoning District, which
allows multi-unit dwelling units, nonresidential uses and/or mixed-use structures;
where the ground floor is restricted to nonresidential uses along the street frontage.
Residential uses and overnight accommodations are allowed above the ground floor
and to the rear of uses along the street frontage. Mixed uses or nonresidential
structures are required on lots at street intersections. The proposed two live-work
residential units are allowed within the subject zoning district as they are a mixed-used
structure located on the northwest corner of 29th Street and Villa Way, and designed to
have nonresidential uses to be occupied at the ground floor and the residential uses to
be located above the ground floor.
Finding:
B. In compliance with all of the applicable criteria identified subsection
[20.52.080](C)(2)(c):
a. Compliance with this Section, the General Plan, the Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to the
use or structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent development;
and whether the relationship is based on standards of good design;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
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d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
f. The protection of significant views from public right(s)-of-way and compliance
with Section 20.30.100 (Public View Protections).
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the subject property as Mixed
Use Horizontal 4 (MU-H4), which is intended to provide for multi-family residential,
general or neighborhood commercial, and/or mixed-use structure; where the ground
floor shall be restricted to nonresidential uses along the street frontage and the rear
and upper floor uses for residential, including seniors units and overnight
accommodations. Mixed-use or commercial buildings shall be required on parcels at
street intersections. The mixed-use development shall have floor area to land area
(FAR) ratio of 1.5; where a minimum FAR ratio of 0.25 and maximum 0.5 shall be used
for retail uses and a maximum of 1.0 for residential. The proposed development is
consistent with the General Plan designation in that:
a. The proposed two live-work residential units are designed as a mixed-used
structure, located on the northwest corner of 29th Street and Villa Way, and
have nonresidential uses to be occupied on the ground floor and the residential
uses to be located above the ground floor.
b. The proposed development has 0.37 FAR for commercial uses; and 1.00 FAR
for residential uses. Together, the proposed project has 1.37 FAR for mixed-use
(live-work) development.
2. The proposed development complies with the MU-CV/15 Street Zoning District
development standards of FAR, building setbacks, public and private open spaces,
building height, and parking.
3. The development consists of a 3-story, single building at 31 feet in height, divided by a
common wall to create two separate, live-work residential units (Unit A and Unit B):
a. Unit A shall have a total of 3,747 square feet in size consisting of approximately
968 square-feet in commercial space, a 429 square-foot two-car garage to be
located on the first floor, and approximately 2,350 square feet of residential
space to be located on the 2nd and 3rd floors.
b. Unit B shall have a total of 3,829 square feet in size consisting of approximately
1,063 square-feet in commercial space, a 427 square-foot two-car garage to be
located on the first floor, and approximately 2,339 square feet of residential
space to be located on the 2nd and 3rd floors.
4. In addition to the four enclosed parking spaces provided for the residential use, a total
of four open parking spaces for the nonresidential use will be provided and accessible
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from 29th Street and from an existing alleyway located at the rear of property. The
parking spaces comply with the live-work parking requirement for two enclosed
parking spaces and two guest/customer parking spaces for each unit.
5. Appropriate vehicular access is provided along 29th Street and a public alley from Villa
Way. The proposed site layout provides efficient vehicular access from 29th Street and
an existing alleyway located behind the subject property. Adequate pedestrian access
to the building is provided from the street and alleyway. The Public Works Department
has reviewed and approved the site plan, proposed improvements, and parking
configuration subject to the conditions of approval.
6. The subject property is not located at or near a public view point or corridor as
identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in
compliance with Section 20.30.100 (Public View Protections).
7. The proposed tentative parcel map for condominiums does not change the use or
density of the property.
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, or endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health, interest,
safety, or general welfare of persons residing or working in the neighborhood of the
proposed development.
Facts in Support of Finding:
1. The proposed development complies with all Building, Public Works, and Fire Codes.
The project complies with all City ordinances and conditions of approval.
2. The project has been conditioned to ensure that potential conflicts with surrounding
land uses are minimized to the extent possible to maintain a healthy environment for
both businesses and residents.
3. The proposed project includes four enclosed parking spaces for the residential units
and four open parking spaces for the nonresidential uses which comply with the
parking requirements for live-work residential units, pursuant to the Municipal Code
Section 20.40.040 (Off-Street Parking).
4. The proposed project design includes adequate common and private open spaces for
each live-work residential unit.
Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
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Finding:
A. 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.
Facts in Support of Finding:
1. The Tentative Parcel Map is for two live-work residential condominium purposes. The
subject property is presently vacant and is being used for automotive and boat
storage. The proposed subdivision and improvements are consistent with the density
of the MU-CV/15 Street (Mixed Use Cannery Village and 15 Street) Zoning District and
the current General Plan Land Use Designation of Mixed Use Horizontal 4 (MU-H4).
2. The Tentative Parcel Map does not apply to any specific plan area.
3. The project has been conditioned to require public improvements, including the
construction of handicap-access ramps, and the reconstruction of an existing driveway
approach on 29th Street, existing broken or otherwise damaged sidewalks, curbs, and
gutters along the 29th Street and Villa Way frontages consistent with the Subdivision
Code (Title 19).
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The 5,552-square-foot lot is physically suitable for two live-work residential units as it
exceeds the minimum lot size of 5,000 square feet. The residential units comply with
all development standards inclusive of the Floor Area Ratio (FAR), building setbacks,
height restriction, parking, and common and private open spaces.
Finding:
C. That the design of the subdivision or the proposed improvements are 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.
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Facts in Support of Finding:
1. The site is presently vacant and will be improved with the construction of two live-work
residential units.
2. The property is located in an urbanized area that does not contain any sensitive
vegetation or habitat.
3. The project is categorically exempt under Sections 15303 (Article 19 of Chapter 3), of
the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New
Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions).
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding:
1. The Tentative Parcel Map is for residential condominium purposes. All improvements
associated with the project will comply with all Building, Public Works, and Fire Codes,
which are in place to prevent serious public health issues. Public improvements will be
required of the developer per Section 19.28.010 (General Improvement Requirements)
of the Municipal Code and Section 66411 (Local agencies to regulate and control
design of subdivisions) of the Subdivision Map Act. All ordinances of the City and all
Conditions of Approval will be complied with.
Finding:
E. 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.
Facts in Support of Finding:
1. The design of the development will not conflict with easements acquired by the public
at large, for access through, or use of property within the proposed development,
because there are no public easements located on the property.
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Finding:
F. 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 California 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.
Facts in Support of Finding:
1. The property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The site, developed for live-work residential use, is located within a Zoning District that
permits mixed-use residential uses.
Finding:
G. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to
be included within the land project; and (2) the decision making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding:
1. The property is not a "land project' as defined in Section 11000.5 of the California
Business and Professions Code because the existing subdivision does not contain 50
or more parcels.
2. The project is not located within a specific plan area.
Finding:
H. 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.
Facts in Support of Finding:
1. The Tentative Parcel Map and any future improvements are subject to Title 24 of the
California Building Code that requires new construction to meet minimum heating and
cooling efficiency standards depending on location and climate. The Newport Beach
Building Division enforces Title 24 compliance through the plan check and inspection
process.
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Finding:
I. 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.
Facts in Support of Finding:
1. The proposed two unit live-work residential development is consistent with the MU-
CV/15 Street (Mixed Use Cannery Village and 15 Street) Zoning District which allows
two live-work residential units on the property. Therefore, the Tentative Parcel Map for
condominium purposes will not affect the City in meeting its regional housing need.
Finding:
J. 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.
Facts in Support of Finding:
1 . The proposed two live-work residential units will be designed so that wastewater
discharge into the existing sewer system complies with the Regional Water Quality
Control Board (RWQCB) requirements.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three (3) of the Coastal Act.
Facts in Support of Finding:
1. The Tentative Parcel Map is for a two-unit, live-work residential condominium. The
proposed subdivision and improvements are consistent with the Coastal Land Use
Plan designation of MU-H (Mixed Use Horizontal).
2. The subject property conforms to public access policies of Chapter Three (3) of the
Coastal Act because the development is located inland from the shoreline and does
not affect public access from the nearest public roadway to the shoreline and along the
coast.
3. Public Access and Recreation policies contained within Chapter Three (3) of the
Coastal Act are not applicable to the subject property. The site is not located along the
coastline and does not impact public access.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Site
Development Review No. SD2015-006 and Tentative Parcel Map No. NP2015-019,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 12th OF NOVEMBER, 2015.
#redisneski, AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Minor Site Development Review No. SD2015-006 and Tentative Parcel Map No.
NP2015-shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The applicant shall prepare a written disclosure statement prior to sale, lease, or rental of
a residential unit in the proposed mixed-use development consistent with Section
20.48.130.H (Notification to Owners and Tenants) of the Municipal Code.
4. The development shall consist of a 3-story, single building at 31 feet in height, divided by
a common wall to create two separate, live-work residential units (Unit A and Unit B):
a. Unit A shall have a total of 3,747 square feet in size consisting of approximately
968 square feet in commercial space, a 429 square-foot two-car garage to be
located on the first floor, and approximately 2,350 square feet of residential
space to be located on the 2"d and 3'd floors.
b. Unit B shall have a total of 3,829 square feet in size consisting of approximately
1,063 square feet in commercial space, a 427 square-foot two-car garage to be
located on the first floor, and approximately 2,339 square feet of residential
space to be located on the 2nd and 3rd floors.
5. A total of four open on-site parking spaces for commercial use located within Units A and
B shall be provided and maintained at all time.
6. A total of four enclosed on-site parking spaces for residential use located within Units A
and B shall be provided and maintained at all time.
7. Prior to certificate of occupancy, the applicant shall record a deed restriction stating that
each commercial space located on the ground floor shall not be leased and/or occupied
separately from the above residential unit.
8. Access between the upper-floor residential unit and the first-floor commercial space of
each unit shall be maintained at all time.
9. The air conditioning units proposed to be located on the east side of the building along
Villa Way shall be relocated within the structure or roof top.
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10. The finished first floor elevation for interior living areas (commercial area on the ground
floor of each unit) shall be raised to at least 9.00 (NAVD 88) as the proposed
development is located in a low-lying area prone to flooding.
11. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
12. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
13. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Site Development Review or
the processing of a new Site Development Review.
14. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of
building permits.
15. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The
plans shall accurately depict the elements approved by this Site Development Review
and shall highlight the approved elements such that they are readily discernible from
other elements of the plans.
16. Prior to issuance of building permits, approval from the California Coastal Commission
shall be required.
17. Prior to the issuance of building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These landscape plans
shall include the areas within the front setback adjacent to each commercial unit and
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Division.
18. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy
and growing condition and shall receive regular pruning, fertilizing, mowing and
trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
19. 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 Director of Community Development, the illumination creates an
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unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
20. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
21. All noise generated by the proposed development shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted below
for the specified time periods unless the ambient noise level is higher:
Between the hours of TOOAM Between the hours of
and 10:00PM 10:00PM and TOOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property NIA 65dBA N/A 60dBA
22. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
23. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction
activities are not allowed on Sundays or Holidays.
24. All trash shall be stored within the designated areas as approved by Community
Development Department and screened from view of neighboring properties, except
when placed for pick-up by refuse collection agencies.
25. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
26. Storage outside of the building, in the front, side or at the rear of the property shall be
prohibited.
27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
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actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of Starline Live-Work Lofts including, but not limited to Site
Development Review No. SD2015-006 and Tentative Parcel Map No. NP2015-019. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the
City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Fire Department Conditions
28. Automatic fire sprinklers shall be required for all new construction. The sprinkler
system shall be an NFPA 13 Commercial system pursuant to California Fire Code
Section 903.1.
Building Division Conditions
29. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
30. The applicant shall employ the following best available control measures ("BACMs") to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
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• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
31. Prior to the issuance of grading permits, a Geotechnical Report shall be submitted for
the review and approval by the Building Division.
32. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division, Code and Water Quality Enforcement Division. The WQMP shall
provide appropriate Best Management Practices (BMPs) to ensure that no violations of
water quality standards or waste discharge requirements occur.
33. Prior to the issuance of grading permits, a Hydrology Plan shall be submitted for the
review and approval by the Building Division.
Public Works Conditions
34. A Parcel Map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
35. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
36. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
37. An encroachment permit shall be required for all work activities within the public right-
of-way.
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38. The applicant shall be responsible for the reconstruction of the existing broken and/or
otherwise damaged concrete curb, gutter and sidewalk along the 29th Street and Villa
Way frontages and any existing broken and/or otherwise damaged concrete panels in
the alley.
39. All existing overhead utilities shall be undergrounded.
40. All above ground improvements shall stay a minimum five foot (5') clear of the alley
setback.
41. Each live-work unit shall be served by individual water services/meters and sewer
laterals/cleanouts. Each water meter and sewer cleanout shall be installed with a
traffic-grade box and cover.
42. Additional reconstruction within the public right-of-way shall be required at the
discretion of the Public Works Inspector if it is determined that damage has been done
to public improvements surrounding the development site by the private construction.
43. The applicant shall provide an ADA-compliant pedestrian path along 29th Street and
Villa Way around the existing power poles, utility boxes and sign posts. These may
require pedestrian easements to be provided. The minimum ADA path shall be 36
inches at a single point/obstruction and 48 inches at all other areas.
44. The applicant shall provide a 4-foot ADA-compliant pedestrian path around the 29th
Street driveway approach. This shall require a pedestrian easement within private
property to be granted to the City of Newport Beach.
45. A 10-foot radius corner cut off shall be dedicated to the City for street purposes at the
corner of 29th Street and Villa Way.
46. A new ADA-compliant curb ramp shall be installed at the corner of 29th Street and Villa
Way.
47. A new ADA-compliant alley approach shall be installed at the intersection of Villa Way
and the alley.
48. No loss of on-street parking shall be permitted.
10-02-2015