HomeMy WebLinkAbout2007 - ENVIRONMENTAL NATURE CENTER PRESCHOOL MINOR USE PERMIT AND TRAFFIC STUDY - 745 Dover Dr RESOLUTION NO. 2007
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH APPROVING MINOR
USE PERMIT NO. UP2015-020 AND TRAFFIC STUDY NO.
TS2015-001 FOR A NEW PRESCHOOL LOCATED AT 745
DOVER DRIVE (PA2015-079)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by the Environmental Nature Center, with respect to property
located at 745 Dover Drive, and legally described as Lot 3 of Lot Line Adjustment No.
LA2009-010 recorded in Document 117 408 L09 25 of Official Records of the County of
Orange, California, being a subdivision of a portion of Lot 148 of Tract 1218 as shown on
a map filed in Book 37, Pages 47 through 49 of Miscellaneous Maps, records of Orange
County, California. The applicant requests approval of a minor use permit and traffic
study.
2. The applicant proposes a minor use permit to allow a preschool/general day care
center with approximately 72 students and 10 staff members to operate from 7:00 a.m.
to 6:00 p.m., Monday through Friday. The proposed development includes the
construction of a 6,498-square-foot facility with classrooms and administrative offices,
a 25-space surface parking lot, and landscaped areas on a 1.25-acre vacant lot. A
Traffic Study is also required due to the projected increase in vehicle trips resulting
from the proposed project pursuant to the City's Traffic Phasing Ordinance.
3. The subject property is located within the OG (Office General) Zoning District and the
General Plan Land Use Element category is CO-G (General Commercial Office).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on January 21, 2016, in the Council Chambers 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 Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 32 (Infill Development
Projects). This exemption applies to in-fill development projects in urban areas that are
consistent with the General Plan and applicable development standards. In addition,
the proposed development must occur on a site of no more than five acres, have no
value as habitat for endangered, rare or threatened species, be adequately served by
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all utilities and public services, and must not result in any significant effects relating to
traffic, air quality, water quality, or any other significant effect on the environment due
to an unusual circumstance.
2. An analysis and exemption determination was prepared for this project. The proposed
project site is 1.25 acres in size, is located within an urban area, and can be
adequately served by all required utilities and public services. The project is consistent
with the General Plan designations and policies, and can be found consistent with all
applicable zoning regulations upon approval of the requested applications. An
acoustical analysis, preliminary Water Quality Management Plan, traffic impact
analysis, and water/waste-water generation memorandum have been prepared. An
analysis of the currently vacant property indicates that the project site and adjacent
areas have no value as habitat for endangered, rare, or threatened species. The
project is expected to have a less than significant impacts related to traffic, noise, air
quality, and water quality. Therefore, the proposed project meets all of the conditions
described above for in-fill development and qualifies for a Class 32 exemption.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020(F) (Conditional and Minor Use Permits) of the
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the subject property as
General Commercial Office (CO-G) with the maximum floor area to land area ratio
("FAR") of 0.50 (CO-G 0.50), which is intended to provide for administrative,
professional, and medical offices with limited accessory retail and service uses. The
proposed project is consistent with this designation as it is a preschool/general day
care center development with a 0.12 FAR.
2. The Land Use Element includes Policy LU 6.2.1, Resident-Serving Land Uses, which
encourages uses that support the needs of residents that are in balance with
community natural resources and open spaces. The proposed preschool provides
general day care service for residents of the City and promotes an ideology of civic
engagement and sustainability of natural resources.
3. Land Use Policy 3.2, Growth and Change, encourages the re-use and infill with uses
that are complementary in type, form, scale, and character. The project (i.e.,
preschool) represents "in fill' development that can be served by the existing
infrastructure. The use complements the existing type and character of the nearby
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development, which includes a variety of commercial and residential development.
There is adequate capacity in the sewer and water facilities, circulation, and other
public services and facilities to provide an adequate level of service to the proposed
development.
4. The project site is not located within a Specific Plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The subject property is located within the Office General (OG), which is intended to
provide for areas appropriate for administrative, professional, and medical offices with
limited accessory retail and service uses. Pursuant to Section 20.20.020 (Commercial
Zoning Districts Land Uses and Permit Requirements), day care general uses are a
principal permitted use subject to the approval of a minor use permit.
2. Section 20.20.030 (Commercial Zoning Districts General Development Standards)
establishes the required site development standards for floor area, setbacks, and
landscaping. The buildings provide more than the minimum required setback from
each property line and are proposed at 0.12 FAR, where 0.50 FAR is allowed. The
proposed landscaping includes trees, shrubs, and groundcover and the landscape
setbacks are met or exceeded with the proposed project design.
3. Pursuant to Table 3.10 in Zoning Code Section 20.40.040 (Off-Street Parking Spaces
Required), day care general uses are required to provide one parking space for every
seven occupants based on the maximum occupancy per license. The proposed
maximum occupancy for the preschool is 148; therefore, the project requires 22
spaces. The proposed project includes surface parking with 25 parking spaces which
can accommodate an occupant load of 175 persons, thus, the project provides a
surplus of three parking spaces.
4. Pursuant to Section 20.48.070 (Day Care Facilities-Adult and Child), the preschool will
comply with the development standards for a general day care facility. The site
complies with the minimum lot size and the proposed development complies with the
minimum separation, outdoor play area size, and hours of operation to allow a day
care general use.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
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Facts in Support of Finding:
1. Commercial and residential uses are allowed in the vicinity, including medical office,
retail sales, personal service, restaurant, professional & administrative office, and
single-unit residential uses. The subject property is adjacent to the existing
Environmental Nature Center to the north, and the proposed preschool use is
compatible with the allowed commercial office/retail and residential uses in the vicinity.
2. The buildings are proposed at 0.12 FAR, where 0.50 FAR is allowed. The 6,498-
square-foot preschool does not create any traffic impacts and is compatible with the
allowed commercial and residential uses in the vicinity.
3. The project design includes a 14-foot wide access drive and 6-foot high Trex fence
along the southern property line, which provides separation and an acoustical barrier
to ensure compatibility with the abutting residential properties to the south.
Furthermore, the building includes an enclosed trash area to screen unsightly sights
and odors related to trash.
4. The proposed preschool will operate as a typical general day care use. The design
includes a parking area to facilitate children's drop-off/pick-up, landscaping, and
outdoor play areas. A covered breezeway is proposed through the building as an
amenity to define the space between administrative offices and children's classrooms.
Code required parking is provided, ensuring that employees and parents dropping off
children may park on-site. Therefore, the operating characteristics are compatible with
the allowed commercial and residential uses in the vicinity.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The subject property is 1.25 acres in area (54,348 square feet), generally rectangular
in shape, located in a commercial area with residential uses nearby, and is proposed
to be developed with a preschool/general day-care building.
2. The project design locates a single-story building towards the front half of the property
with large setbacks used for surface parking at the front and landscaped outdoor play
areas at the rear. The site is proposed with 25 parking spaces, which is three more
spaces than required by the Zoning Code. Adequate trash storage facilities for the
preschool are provided in an enclosed area, thereby preventing any odor or related
issues for the residential uses nearby.
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3. The site has pedestrian and vehicular access along Dover Drive, which is a four-lane
divided primary road with sufficient capacity as shown by the traffic study. The two
driveways proposed will be constructed pursuant to City Standards and reviewed and
approved by the Public Works Department. The provision of emergency vehicle
access will continue through the gravel parking lot on-site and along Dover Drive.
4. All sewer and water services will be approved by the City of Newport Beach.
5. The Public Works Department, Building Division, and Fire Department have reviewed
the application. The project is required to obtain all applicable permits from the City
Building and Fire Departments and must comply with the most recent, City-adopted
version of the California Building Code.
6. Public improvements will be required of the Applicant per the Municipal Code and the
Subdivision Map Act.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor 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 use.
Facts in Support of Finding:
1. The proposed use is an extension of the adjacent Environmental Nature Center, is
compatible with other office uses in the vicinity, and is not detrimental to the abutting
residential uses with the addition of a 14-foot access drive to serve as a buffer and 6-
foot high Trex fence along the southern property line.
2. The proposed development is consistent with the planned land use for the site. The
site is suitable for the type and intensity of development proposed because the
infrastructure serving the site and surrounding area has been designed and developed to
accommodate anticipated commercial development use of the site. Therefore, the
operation of the use is not detrimental.
3. Based on the proposed project description, the proposed project is anticipated to
generate approximately 315 average daily trips; therefore, a TPO study has been
completed. No significant impacts related to traffic have been identified.
4. As demonstrated in the acoustical report and memorandum prepared by Newson
Brown on October 1 and October 29, 2015, the preschool as designed with a 14-foot
sound buffer and 6-foot high Trex fence is expected to operate in compliance with the
noise standards within the Municipal Code.
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5. Adequate trash storage facilities for the preschool/day care center an enclosed 270-
square-foot trash area, thereby preventing any odor or related issues for the abutting
residential uses.
6. Compliance with the Municipal Code and the conditions of approval is required and will
further ensure that the proposed use will not be detrimental.
Traffic Study
In accordance with Municipal Code Section 15.40.030(A) (Traffic Phasing Ordinance), the
following findings and facts in support of such findings are set forth:
Finding:
F. That a traffic study for the project has been prepared in compliance with this chapter
[15.40]and Appendix A.
Facts in Support of Finding:
1. A traffic study, titled "Traffic Impact Analysis for the proposed ENC Pre-School Project
City of Newport Beach" dated July 28, 2015, was prepared by DKS Associates under
the supervision of the City Traffic Engineer for the project in compliance with Municipal
Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A.
2. Based on the proposed project description, the proposed project is anticipated to
generate approximately 315 average daily trips; therefore, a TPO study has been
completed. No significant impacts related to traffic have been identified.
Finding:
G That, based on the weight of the evidence in the administrative record, including the
traffic study, one of the findings for approval in subsection (8) can be made:
Facts in Support of Finding:
1 . Construction of the project is anticipated to be completed in 2017, within 24 months. If
the project is not completed within 60 months of this approval, preparation of a new
traffic study is required.
2. The traffic study included nine study intersections that were analyzed for potential
impacts based on the City's Intersection Capacity Utilization ("ICU") methodology and
intersections under the jurisdiction of Caltrans were analyzed for potential impacts
using the Highway Capacity Manual ("HCM") methodology. Utilizing these
methodologies, the traffic study determined that the nine primary intersections
identified will continue to operate at satisfactory levels of service as defined by the
Traffic Phasing Ordinance.
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Finding:
H. That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with
all conditions of approval.
Facts in Support of Finding:
1. No improvements or mitigation are necessary because implementation of the
proposed project will neither cause nor make worse an unsatisfactory level of traffic
service at any impacted primary intersection within the City of Newport Beach.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-020 and Traffic Study No. TS2015-001, 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 is filed with the City Clerk in
accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach
Municipal Code.
3. This resolution supersedes Use Permit No. UP0271 and Use Permit No. UP3225,
which upon vesting of the rights authorized by this minor use permit, shall become null
and void.
PASSED, APPROVED, AND ADOPTED THIS 21sT DAY OF JANUARY, 2016.
AYES: Hillgren, Koetting, Lawler, Weigand
NOES: None
ABSTAIN: None
ABSENT: Brown, Kramer, Zak
BY:
A
ry Kran er, Ch irm
BY:
r o,pting, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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. All proposed signs shall be in conformance with Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
3. Minor Use Permit No. UP2015-020 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.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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 the
building permits.
7. 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 Minor Use
Permit 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 Minor Use Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
8. 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.
9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the new
commercial floor area in accordance with Chapter 15.38 of the Newport Beach Municipal
Code or a waiver of these fees shall be approved by the City Manager.
10. The regular hours for which children are present shall be from 7:00 a.m. to 6:00 p.m.,
Monday through Friday. Special events may occur beyond these hours.
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11. The preschool is intended to accommodate 72 children and 10 faculty. The occupant
load shall not exceed 175 occupants or the maximum occupancy as shown on the
license, whichever is less.
12. A total of twenty five (25) parking spaces shall be maintained on-site.
13. The project shall comply with the recommendations provided in the acoustical report
dated October 1, 2015, and acoustical memorandum dated October 29, 2015,
prepared by Newson Brown Acoustics, LLC. A 6-foot high screen wall shall be
constructed along the southerly property boundary with an impervious material
weighing at least 4 pounds per square-foot. Outdoor play areas shall be limited north
of the 14-foot access roadway as shown on the approved project plans.
14. In accordance with the assumptions made in the acoustical report, the outdoor play
area shall be utilized by no more than 20 children at a time in a recess-like manner.
Larger groups are permitted within the outdoor play areas when children are gathered
for assembly events.
15. All trash shall be stored within the buildings or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
16. 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).
17. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
18. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of
Community Development, and may require an amendment to this Use Permit.
19. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
20. Prior to the issuance of building permits, documents/plans shall be submitted
demonstrating compliance with the requirements of Chapter 14.17 (Water-Efficient
Landscaping Ordinance) of the Municipal Code.
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21 . Trees within 5 feet of hardscape or structures shall provide a linear root barrier at a
depth of 24 inches located 5 feet on either side of trees along hardscape areas.
22. If no automatic irrigation is proposed, all landscaping on-site including abutting street
trees shall be watered and maintained in perpetuity and maintained in a viable
condition. 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.
23. Prior to the issuance of a building permits the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Division and the Municipal Operations
Department. Landscaping shall be located so as not to impede vehicular sight distance
to the satisfaction of the Traffic Engineer.
24. Prior to the final of building permits the applicant shall schedule an inspection by the
Planning Division to confirm that all landscaping was installed in accordance with the
approved landscape plan
25. Water leaving the project site due to over-irrigation of landscape shall be minimized. If
an incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division shall visit the location, investigate, inform and notice the
responsible party, and, as appropriate, cite the responsible party and/or shut off the
irrigation water.
26. Water should not be used to clean paved surfaces such as sidewalks, driveways,
parking areas, etc. except to alleviate immediate safety or sanitation hazards
27. 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
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.
28. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
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Residential Property 45dBA 55dBA 40d BA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50d BA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65d BA N/A 60dBA
29. 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.
30. 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.
31. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
32. This Minor Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
33. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new Use Permit.
34. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
35. 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,
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 the ENC Preschool including, but not limited to, Minor
Use Permit No. UP2015-020 and Traffic Study No. TS2015-001 (PA2015-079). 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
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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
36. Fire hydrant locations and number of necessary hydrants will be based on required fire
flow for the structures and distances to all portions of the structure to a hydrant.
37. The turning radius for fire apparatus access roads shall be not less than 20 feet inside
radius. A 15-foot inside radius is currently shown at both driveways.
38. Fire access roadways must be constructed of a material that provides an all-weather
driving surface and designed as per Newport Beach Fire Department (NBFD)
Guideline C.01, which requires calculations stamped and signed by a registered
professional engineer.
39. The ground-mounted photovoltaic array shall have a clear brush-free area of 10 feet.
C.F.C. Section 605.11.4.
40. Fire access will need to be identified as per Newport Beach Fire Department Guideline
C.02, which requires the fire lane signs and red curbing or fire lane signs only.
41. Fire lane signs must be designed and installed as per NBFD Guideline C.02, which
requires the fire lane sign height at 7 feet in sidewalk or pedestrian areas.
42. Fencing of schools requires that a safe dispersal area be established based on three
square feet per occupant. The safe dispersal area must be located between the school
and the fence not less than 50 feet from the school buildings. C.B.C. Sec. 442.1.3.
43. A manual and automatic fire alarm system that initiates the occupant notification signal
utilizing an emergency voice/alarm communication system shall be installed in Group
E Occupancies. When automatic sprinkler systems or smoke detectors are installed,
such systems or detectors shall be connected to the building fire alarm system. C.F.C.
Sec. 907.2.3.
44. An automatic fire sprinkler system shall be provided for Group E occupancies. C.F.C.
Sec 903.2.3. The underground fire line shall be submitted separately from the fire
sprinklers with a separate fire permit.
45. Any vehicle access gates or barriers installed across fire apparatus access roads shall
be in accordance with NBFD Guideline C.01.
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46. The trash enclosure must be located at least five feet from combustible walls,
openings, or combustible roof eave lines. C.F.C. Sec. 304.3.4.
Building Division Conditions
47. 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.
48. An accessible path of travel shall be provided throughout the landscaped nature area.
49. The roof shall be Class A.
50. A grading bond shall be required prior to grading permit issuance.
51. 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.
• 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.
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52. A geotechnical report shall be submitted to the Building Division for review prior to
grading permit issuance.
53. A drainage and hydrology study shall be submitted prior to grading permit issuance.
54. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The project applicant
will provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. This plan will detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
55. Prior to issuance of grading permits, the applicant shall prepare and submit a final
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement Division.
The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure
that no violations of water quality standards or waste discharge requirements occur.
56. A list of "good house-keeping" practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non-structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long-term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Public Works Conditions
57. A sewer and water demand study shall be submitted for review and approval by the
Public Works and Municipal Operations Departments.
58. Reconstruct the curb, gutter, and sidewalk along the entire Dover Drive project
frontage.
59. The driveway approaches shall be reconstructed per City Standard STD-160-L-A. A
minimum 4-foot wide ADA compliant pedestrian path shall be provided around the
driveway approach.
60. No trees shall be planted within the limits of the sewer easement along the southerly
property line. Prior to building permit issuance, the easement shall be identified on the
landscape plans.
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Planning Commission Resolution No. 2007
Page 15 of 15
61. A 14-foot wide minimum maintenance vehicle access road shall be provided along the
entire length of the sewer easement adjacent to the southerly property line.
62. Prior to the issuance of building permits, the project plans shall be modified to reflect a
14-foot wide access gate from the paved access roadway on-site to the residential
property at 731 St. James Place.
63. The parking layout shall comply with City Standard STD-805-L-A and STD-805-L-B.
64. Traffic signage shall be consistent with the latest edition of the California Manual of
Uniform Traffic Control Devices, including size, color, lettering, and shape.
65. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
66. Prior to commencement of demolition and grading of the project the applicant shall
submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the applicant shall be responsible
for implementing and complying with the stipulations set forth in the approved plan.
67. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
03-03-2015