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HomeMy WebLinkAboutZA2021-034 - APPROVING A LOT MERGER NO. LM2021-001 AND MINOR USE PERMIT NO. UP2021-002 FOR A NEW TWO (2)-STORY OFFICE BUILDING LOCATED AT 2122 AND 2132 ORCHARD DRIVE (PA2021-002)RESOLUTION NO. ZA2021-034 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LOT MERGER NO. LM2021-001 AND MINOR USE PERMIT NO. UP2021-002 FOR A NEW TWO (2)-STORY OFFICE BUILDING LOCATED AT 2122 AND 2132 ORCHARD DRIVE (PA2021-002) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Christopher Guildjian, with respect to property located at 2122 and 2132 Orchard Drive, and legally described as portions of Lot 131 and Lot 132 of Tract No. 706 filed in Book 21 at Page 25 of Miscellaneous Maps in the County of Orange requesting approval of a minor use permit. 2.The applicant proposes a lot merger to combine two (2) existing lots for commercial development. The project includes the demolition of two, existing non-conforming single- family dwellings and the construction of a new, two (2)-story office building totaling approximately 9,500 square feet in gross floor area and a 39-space surface parking lot. 3.The subject property is designated General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan (SP-7) Zoning District with a Specific Plan land use of Business Park (BP). 4.The subject property is not located within the coastal zone. 5.A public hearing was held online on June 24, 2021, observing restrictions due to the Declaration of a State Emergency and Governor’s Executive Order No. N-08-21. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence (NBMC), both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2.Class 15 applies to lot mergers such as this when the land is in an urbanized area, the properties are in compliance with the General Plan and Zoning with no deviations requested, all services and access to the proposed parcel are provided, the parcel was not involved in a division of a larger parcel within the two (2) previous years, and the Zoning Administrator Resolution No. ZA2021-034 Page 2 of 18 01-25-19 parcel does not have an average slope greater than 20 percent. Class 3 applies to urbanized areas for up to four (4) commercial buildings not exceeding 10,000 square feet on sites zoned for such uses in an area where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed office building is 9,500 square feet in an urbanized area that is not environmentally sensitive. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 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 medical office development with a 0.39 FAR. 2. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7/BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Pursuant to Section 20.90.120 (Business Park District: SP-7/BP), general office uses are a principal permitted use subject to the approval of a minor use permit. 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. Zoning Administrator Resolution No. ZA2021-034 Page 3 of 18 01-25-19 Facts in Support of Finding: 1. The subject property is located within the Business Park District of the Santa Ana Heights Specific Plan Zoning District (SP-7/BP), which is intended to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses Pursuant to Section 20.90.120 (Business Park District: SP-7/BP), office uses are a principal permitted use subject to the approval of a minor use permit for newly established offices. 2. Pursuant to Section 20.90.030 (SP-7 Design Guidelines), the intent of the Santa Ana Heights Specific Plan design guidelines is to promote a consistent, high quality character of development that will result in the overall enhancement of the aesthetic character of the community. The district design guidelines emphasize building mass, building materials, building entrances, building rooflines, energy and sound to integrate into the business park area. The project includes the removal of nonconforming residential uses and consolidation of lots consistent with the CO-G and BP designations, helping to achieve the overall goal of a high-quality business park. 3. The proposed project will provide landscape buffers beyond the minimum required adjacent to nonconforming residential uses. Additionally, a 6-foot tall block wall is conditioned to be provided along these property lines. This design softens the aesthetic for the current neighbors and potential future adjacent businesses as well as screens the surface parking lot. 4. The proposed two (2)-story building is 30 feet in height, provides sufficient setbacks from all property lines, and includes an outdoor employee seating area and enhanced entrances to the building defined with metal awnings. The architectural design creates visual interest through building articulation, window treatments, and blending with landscaping. The exterior building will be earth colors with Kingspan Panels to imitate the look of stucco while maximizing the thermal efficiency of the building. The mechanical equipment, and refuse will be screened from view. A final landscape plan is conditioned to be provided prior to permit issuance to ensure the design meets the Guidelines for the Business Park District. 5. Section 20.90.120 (Business Park District: SP-7/BP) establishes the required site development standards for floor area, setbacks, and landscaping. The building provides more than the minimum required setbacks from each property line and is proposed at 0.39 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. 6. Pursuant to Table 3.10 in Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required), general office uses are required to provide one (1) parking space for every 250 square feet of gross floor area. The gross floor area of the proposed buildings is 9,465 square feet; therefore, the project requires 38 spaces. The proposed project Zoning Administrator Resolution No. ZA2021-034 Page 4 of 18 01-25-19 includes surface parking with 39 parking spaces; thus, the project provides a surplus of one (1) space. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Commercial and residential uses are allowed in the vicinity, including medical and general office, retail sales, personal service, restaurant, and single-unit residential uses south of the subject property. The subject property is located among other office uses along Birch Street and north of Birch Street along Orchard Drive. Therefore, the proposed office building is compatible with the allowed uses in the vicinity. 2. The subject property as merged is a little over 0.5 acres in area (24,423 square feet), generally rectangular in shape, and located in a commercial area. The subject property is proposed to be developed with one (1)-, two (2)-story general office building. South of Birch Street along Cypress Street is SP-7 Residential Equestrian (REQ) Zoning District boundary. These homes mostly front on Cypress Street. There are a few REQ lots that face Orchard Drive. There are no REQ lots directly abutting the subject property. The REQ lots begin south of the subject property, about halfway into the block along both sides of Orchard Drive. The residential uses abutting the subject property are nonconforming uses on lots zoned SP-7/BP. Future redevelopment of these properties will be consistent with the SP-7/BP Zoning District. 3. The project design locates the two (2)-story, 30-foot high building towards the middle of the property with large setbacks from the property lines, which provide separation to ensure compatibility with the abutting properties. There are landscape buffers provided along the property lines along with a perimeter site wall that soften the view of the surface parking lot. 4. The building is proposed at 0.39 FAR, where 0.50 FAR is allowed. The 9,500-square- foot office use does not create any traffic impacts and is compatible with the allowed commercial uses in the vicinity. 5. The proposed office use will operate as a typical general office use with business office hours. The design includes two (2) floors with a main lobby, open offices, private offices, conference rooms and an employee kitchen area. The exterior includes an outdoor seating area for employees, landscaping, and enhanced entrances. Code required parking is provided ensuring that employees and visitors may park on-site. Therefore, the operating characteristics are compatible with the allowed commercial and residential uses in the vicinity. Zoning Administrator Resolution No. ZA2021-034 Page 5 of 18 01-25-19 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 project design locates the two (2)-story building towards its street frontages which provides large side and rear setbacks used for surface parking and landscaping. The site is provided 39 parking spaces, which is one (1) additional space than 0required by the Zoning Code. Adequate trash storage facilities for the office tenants is provided in an enclosed area, thereby preventing any odor or related issues for the uses nearby. 2. The site has pedestrian and vehicular access along Birch Street and Orchard Drive. The two (2) 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 along Birch Street. 3. All water services will be provided by the Irvine Ranch Water District and all sewer services will be provided by the Costa Mesa Sanitary District. Will serve letters from both Districts have been provided by the applicant. 4. 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. 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 similar to and compatible with other office uses in the vicinity and is not detrimental to the abutting uses due to the office nature of the business and location of the buildings on-site. 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 the anticipated commercial/office development use of the site. Therefore, the operation of the use is not detrimental. Zoning Administrator Resolution No. ZA2021-034 Page 6 of 18 01-25-19 3. As confirmed by the City Traffic Engineer, the proposed project does not result in a traffic impact; therefore, the operation of the proposed office use is not detrimental. The proposed driveways are located the greatest distance possible from the intersection of Birch Street and Orchard Drive promoting safe ingress and egress of the site. 4. The proposed use does not create any adverse noise impacts and is subject to the noise standards within the Municipal Code. 5. The Federal Aviation Administration has conducted an aeronautical study and concluded the proposed project would not be a hazard to air navigation. 6. Adequate trash storage facilities for the office tenants are provided in an enclosure area, thereby preventing any odor or related issues for the abutting residential uses. 7. Compliance with the Municipal Code and the conditions of approval is required and will further ensure that the proposed use will not be detrimental. Lot Merger In accordance with Sections 19.68.030 (Lot Mergers) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: F. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The proposed lot merger to combine two (2) existing parcels by removing the interior lot lines between them will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). 4. Any future development on the proposed parcel will be subject to the Zoning Code development standards, which are intended to promote orderly development, protect neighborhood character, and preserve public health, safety, and general welfare of the City. Zoning Administrator Resolution No. ZA2021-034 Page 7 of 18 01-25-19 Finding: G. The lots to be merged are under common fee ownership at the time of the merger. Fact in Support of Finding: 1. The two (2) lots to be merged are under common fee ownership. Finding: H. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The merged parcels will retain the Santa Ana Heights Business Park (SP-7/ BP) zoning designation, consistent with the surrounding area. The SP-7/BP Zoning District is intended to provide areas appropriate for office and commercial development located on a single parcel. The SP-7/BP Zoning District encourages consolidation of smaller sinlge parcels within the business park area to provide for more flexibility in the design of office development, therby enhancing the aesthetic character and cohesiveness of the developmtnet. 2. The existing parcels include portions of Lots 131 and 132 with underlying recorded lot lines that do not match the orientaiton or ownership of the parcels. The consolidation of the corner parcels into one (1) lot will clean-up the lot lines to match the ownership and orientation. 3. The Land Use Element of the General Plan designates the subject site designates the subject property as General Commercial Office (CO-G), which provides for administrative, professional, and medical offices with limited accessory retail and service uses. The land use will remain the same and the merger is consistent with the land use designations of the General Plan. 4. The existing parcels do not meet the minimum lot area requirements of the SP-7/BP regulations (19,800 square feet), as the individual parcels are approximately 10,950 square feet and 13,134 square feet. Merging the two (2) lots would create one (1) parcel that meets the minimum lot area requirement. 5. The Public Works Department has reviewed the proposed lot merger and has concluded it is consistent with the Subdivision Code, and conditions of approval will be included to ensure compliance with applicable provisions. Zoning Administrator Resolution No. ZA2021-034 Page 8 of 18 01-25-19 Finding: I. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Fact in Support of Finding: 1. Legal access will be provided from Birch Street and Orchard Drive. The site does not currently provide access to any other properties. Thus, no adjoining parcels will be deprived of legal access as a result of the merger. Finding: J. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether the development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. Properties in the vicinity consist of lots of varying sizes. The merged lot will be more conforming in size to the other business park properties along Birch Street within the vicinity. The range in sizes of these properties is 30,000 to 95,000 square feet. The design guidelines for SP-7/BP encourage lot consolidation of the smaller properties to enhance redevelopment into conforming business park uses. 2. The proposed lot size is 24,423 square feet, which meets the SP-7/BP requirement for lot size (19,800 square feet). 3. Orientation and access to the parcel will be provided via Birch Street and Orchard Drive. Thus, the resulting lot configuration will not change the existing pattern of development in the area. Zoning Administrator Resolution No. ZA2021-034 Page 9 of 18 01-25-19 Waiver of Parcel Map In accordance with Section 19.08.30.A.3 (Waiver of Parcel Map Requirement) of the Newport Beach Municipal Code, the Zoning Administrator may approve a waiver of the parcel map requirement in cases where no more than three (3) parcels are eliminated. The following finding and facts in support of such finding are set forth: Finding: K. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. Approval of the proposed lot merger would remove the existing interior lot line and allow the property to be utilized as a single development site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19, the Zoning Code, General Plan and the Santa Ana Heights Specific Plan (SP-7). 2. The proposed lot merger combines the properties into a single parcel of land and does not result in the elimination of more than three (3) parcels. 3. The subject property is accessible from Birch Street and Orchard Drive. The site is served by all of the necessary public utilities. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No. LM2021-001 and Minor Use Permit No. UP2021-002 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. 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. Zoning Administrator Resolution No. ZA2021-034 Page 10 of 18 01-25-19 PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF JUNE, 2021. Zoning Administrator Resolution No. ZA2021-034 Page 11 of 18 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. Prior to the issuance of the building permit, a fair share fee shall be paid for the net change in trips from residential to office. The net change in trips is a 101 increase in trips and the fee will be calculated based on the current fee schedule at the time of permit issuance. 5. Prior to the issuance of the building permit, a transportation corridor fee shall be paid for the new non-residential structure calculated based on the current fee at the time of permit issuance. 6. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate the minimum required plantings required by 20.90.120 Santa Ana Heights Specific Plan Business Park District and 20.90.030 Design Guidelines. The plantings shall prioritize drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 7. During the plan check process the applicant shall work with the Planning Division to explore other potential exterior building materials that comply with the 20.90.120 Santa Ana Heights Specific Plan Business Park District and 20.90.030 Design Guidelines, which call for a combination of materials to soften and add architectural variety and interest. 8. A minimum 6-foot-tall block wall shall be provided along the property lines adjacent to the neighboring lots and shall only be lowered towards the street sides for traffic visibility regulations and circulation safety in the parking lot. 9. The roof-top mechanical equipment shall be screened pursuant to the approved photo simulations in the revised plans distributed as additional materials on June 23, 2021. Zoning Administrator Resolution No. ZA2021-034 Page 12 of 18 01-25-19 10. Prior to building permit issuance, the exterior elevations shall be updated to match the design of the screening in the approved photo simulations distributed as additional materials on June 23, 2021. 11. Prior to final of the building, pursuant to the Federal Aviation Administration (FAA) determination of no hazard to air navigation the applicant shall e-file the required FAA Form 7460-2 Notice of Actual Construction or Alteration. 12. Minor Use Permit No. UP2021-002 and Lot Merger No. LM2021-001 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. 13. This Use Permit may be modified or revoked by the Zoning Administrator if determined 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. 14. Any future intensification of use that requires additional parking will require a parking summary and tenant improvement building permit. 15. 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. 16. Prior to the issuance of a building permit, 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. 17. 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. 18. 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. Zoning Administrator Resolution No. ZA2021-034 Page 13 of 18 01-25-19 19. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 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 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 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. No outside paging system shall be utilized in conjunction with this establishment. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) 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. 26. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 27. 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. Zoning Administrator Resolution No. ZA2021-034 Page 14 of 18 01-25-19 28. 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). 29. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 30. 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. 31. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 32. 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. 33. 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 Guldjian New Office Building including, but not limited to, Lot Merger No. LM2021-001 and Minor Use Permit No. UP2021-002 (PA2021-002). 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 Zoning Administrator Resolution No. ZA2021-034 Page 15 of 18 01-25-19 34. The water supplies for automatic sprinkler systems shall comply with the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with Health and Safety Code 13114.7. For connections to public water works systems, the water supply test used for design of fire protection systems shall be adjusted to account for seasonal and daily pressure fluctuations based on information from the water supply authority and as approved by the fire code official. 35. The hydraulic calculations shall be provided in accordance with NFPA 13 to demonstrate that the available water flow and pressure are adequate to supply all sprinklers installed in any single fire area with discharge densities corresponding to the designated hazard classification. 36. The underground fire line plans shall be listed as a deferred submittal. Plans shall be submitted by a licensed C-16. 37. Fire sprinklers shall be permitted and installed with the new building. 38. All alarms, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved supervising station or, where approved by the fire code official, shall sound an audible signal at a constantly attended location. 39. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and waterflow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. 40. One (1) exterior approved audible device, shall be located on the exterior of the building in an approved location, and shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by a water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. 41. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 42. Approved fire apparatus access roads shall be provided for the building. The fire apparatus road shall comply with the requirements of this guideline and shall extend to within 150 feet of the building so the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Indicate the width of each roadway/drive aisle Fire lanes shall have a minimum 20-foot clear width. 43. Roads must be constructed of a material that provides an all-weather driving surface and capable of supporting 72,000 pounds-imposed load for fire apparatus and truck outrigger loads of 75 pounds per square inch over a two (2)-foot area. Calculations Zoning Administrator Resolution No. ZA2021-034 Page 16 of 18 01-25-19 stamped and signed by a Registered Professional Engineer (RPE) shall certify that the proposed surface meets the criteria. 44. All fire apparatus access roads shall have an unobstructed width of not less than 20 feet and shall not be less than 26 feet within 30 feet of a fire hydrant, except when the road passes through approved security gates in accordance with Section 503.6 roads shall have an unobstructed vertical clearance of not less that 13 feet, 6 inches. 45. The gradient for access roads shall not exceed 10 percent. 46. The approach to fire access roads shall be constructed in accordance with the City of Newport Beach Design Criteria for Public Works Construction manual. 47. All multi-unit residential and commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than six (6) inches in height with a one (1)-inch stroke. Address numbers shall contrast with their background and shall be either internally or externally illuminated to be visible at night. Building Division 48. 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. 49. Accessible parking shall be located in the shortest distance to the entry of the building. 50. The curb ramp shall comply with Section 11B-406 with no abrupt drop-off or elevation changes on the ramp or path of travel leading up to the ramp. 51. The roof hatch that is less than 10 feet from the edge of the building shall be protected with a 42-inch tall guardrail. 52. A minimum 4-foot clearance is required to be maintained in front of the access to the water closet. 53. Justification shall be provided to support plumbing fixture quantities. 54. Roof-top mechanical equipment and access areas shall provide minimum required work clearances. 55. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control Zoning Administrator Resolution No. ZA2021-034 Page 17 of 18 01-25-19 • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two (2) feet of freeboard. • Pave or apply water four (4) times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two (2) 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 car pooling 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 (6)-inch surface layer, subject to review/discretion of the geotechnical engineer. 56. The Water Quality Management Plan infiltration basin will need to have an over-flow outlet. 57. A hydrology and hydraulics analysis shall be performed. The hydrology shall analyze the 25- and 50-year storm period. 58. A list of “good housekeeping” 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 Department Zoning Administrator Resolution No. ZA2021-034 Page 18 of 18 01-25-19 59. All improvements shall be constructed as required by Ordinance and the Public Works Department. 60. All damaged curb, gutter and sidewalk along the Birch Street and Orchard Drive frontages shall be reconstructed per City Standard. The sidewalk along Orchard Drive shall be 5-foot wide minimum. 61. A new 36-inch box City tree shall be installed along the Orchard Drive frontage. Tree type shall be consistent with City Council Policy G-6. 62. Project sewer improvements shall be reviewed and approved by Costa Mesa Sanitary District prior to building permit issuance. Provide documentation of approval. 63. Project water improvements shall be reviewed and approved by Irvine Ranch Water District prior to building permit issuance. Provide documentation of approval. 64. New sod or low groundcovers of the type approved by the City shall be installed throughout the Orchard Drive parkway fronting the development site. 65. An encroachment permit is required for all work activities within the public right-of-way. 66. All improvements shall comply with the City’s sight distance requirement. See City Standard 110-L. 67. A 5-foot dedication for street and sidewalk purposes shall be dedicated to the City of Newport Beach along the 2132 Orchard Drive frontage. 68. The unused driveway approaches shall be plugged per City Standard STD-185. 69. The proposed driveways along Birch Street and Orchard Drive shall be installed per City Standard STD-160. A 4-foot wide pedestrian easement shall be dedicated to the City of Newport Beach along the Birch Street driveway. 70. The parking layout shall comply with City Standard STD-805.