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HomeMy WebLinkAbout1602 - ADOPT MND AND APPROVE NT _869-875 WEST 15TH STREETRESOLUTION NO. 1602 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING NEWPORT TRACT MAP NO. 2002- 002 (VESTING TENTATIVE TRACT MAP. NO. 16468) FOR THE PROPERTY LOCATED AT 869 -875 WEST 15TH STREET (PA2002 -250). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by The Olson Company with respect to property located at 869 -875 West 15th Street (PA2002 -250) and legally described as Lot 917 of the Newport Mesa Tract. The applicant seeks approval of a Vesting Tentative Tract Map for the construction of 42 residential units on a lot that encompasses approximately 2.52 acres in the West Newport area. Section 2. A public hearing was first held on April 17, 2003, at 6:30 P.M. at which time the project was continued to June 5, 2003 at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the meeting. Section 3. The Planning Commission finds as follows: Consistency with the Generai Pian 1. The Land Use Element (LUE) designates the project site for Multi - Family Residential (MFR) uses. The Multi - Family Residential land use designation allows a maximum of one dwelling unit for each 2,178 square feet of buildable lot area. The project complies by proposing a total of 42 units where a total of 50 units would be allowed. Therefore, the project is consistent with the LUE. 2. The project as conditioned provides for an irrevocable offer of dedication (IOD) from the applicant for the future expansion of West 15th Street; and therefore is consistent with the Circulation Element of the General Plan. 3. Per the Housing Element of the General Plan, this project requires, to the extent feasible, to provide housing opportunities for low or moderate income households. The applicant has not provided information regarding the infeasibility of providing affordable housing units within the project; however, the applicant has requested the opportunity to meet the affordable housing requirements of the General Plan by the payment of an in -lieu fee. The City Council Affordable Housing subcommittee evaluated the payment of in -lieu fees for smaller projects (less than 50 units), and determined that the payment of an in -lieu fee of providing affordable units is acceptable for developments such as the proposed project and consistent with the City's goal to increase affordable housing opportunities as stated in the Housing Resolution No. _ Page 2 of 14 Element. The applicant has agreed to pay $8,000.00 for every market rate unit constructed in -lieu of providing affordable housing units in accordance with the Housing Element of the General Plan. Consistency with the Title 20 (Zoning) 1. A total of 84 covered parking spaces (2 garage spaces for each unit) in addition to 21 guest spaces are proposed to serve the project and consequently meets the parking requirements established in Chapter 20.66. 2. The 28/32 Foot Height Limitation Zone applies to all MFR districts. The project has met this standard by setting the height of all buildings at exactly 28 feet from the existing natural grade. 3. The project has met all applicable setbacks as currently designed. Vesting Tract Map for 869 -875 West le Street 1. The subdivision as conditioned is consistent with the General Plan. Additionally, the proposed subdivision is consistent with the Newport Beach Subdivision Code and Subdivision Map Act and conditions of approval have been included to ensure compliance. 2. The project site is flat, developed with urban uses with no environmental resources. No other physical constraints to construction are known. Applicable planning policies and codes permit multi- family residential to have a maximum gross floor area limit of 1.75 times the buildable area of the site. The proposed project is below this limit. Due to these factors, the site is suitable for the type and density of development proposed. 3. A Mitigated Negative Declaration has been prepared for the project. It concludes that the project will have a less than significant impact to the environment. The site is developed in a highly urbanized area and no significant natural resources exist in the area of the project site except for Newport Bay. The project includes a system of filtering storm runoff on site before it is discharged to the storm water system. The project also includes improvements to the local storm water system where a fossil type filter will be installed to treat the first or low flow discharge prior to discharge to Newport Bay. These features will mitigate and improve water quality thereby avoiding impacts to fish or wildlife. 4. The project consists of 42 individual residential structures permitted by local ordinance and the General Plan. No evidence is known to exist that would indicate that the proposed subdivision pattern will generate any serious public hearth problems. 5. No public easements for access through or use of the property have been retained for the use by the public at large. Public utility easements for utility connections that serve the project site are present and will be modified, if necessary, to serve the new project. Therefore the proposed subdivision will not impact public easements. Public Resolution No. _ Page 3 of 14 improvements may be required of a developer per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map Act and public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. 6. The design of the proposed project provides each lot with direct southern exposure to the maximum extent feasible; therefore, solar access and passive energy conservation goals are met. 7. The proposed subdivision will create 42 market rate residential units. The project also includes the payment of an in -lieu fee to the City which will be used by the City to produce affordable housing within the City to comply with the Housing Element of the General Plan and provide for a portion the Citys portion of regional housing needs. 8. Waste discharge into the existing sewer will be consistent with residential use due to the design and limitations of the use of the property established by existing zoning regulations. It is not anticipated that waste discharge into the sewer from these uses would violate any Regional Water Quality Control Board (RWQCB) requirements or Orange County Sanitation District standards. 9. That public improvements may be required of a developer per Section 19 of the Municipal Code and Section 66411 of the Subdivision Map Act. Mitigated Negative Declaration An Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between March 13, 2003 and April 14, 2003. Comments were received from the Mesa Consolidated Water District, the California Department of Conservation, Division of Oil, Gas, Geothermal Resources, City of Costa Mesa, Department of Transportation and the Department of Toxic Substances Control of the State Environmental Protection Agency. 2. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project nor cumulative impacts are anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. Section 4. Based on the aforementioned findings, the Planning Commission hereby adopts a Mitigated Negative Declaration and Approves Newport Vesting Tract Resolution No. Page 4 of 14 Map No. 2002 -002 (Vesting Tentative Tract Map. No. 16468) subject to the conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 5'' DAY OF JUNE, 2003. BY: Steve Kiser, Chairman AYES: Toerge, McDaniel, Kiser, Selich, Tucker NOES: None ABSTAIN: Gifford BY: V Ca addLta • Ak� Patricia L. Temple, Ex- Officio Secretary Resolution No. _ Page 5 of 14 Exhibit "A" Conditions of Approval The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. Project approvals shall expire unless exercised within 36 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 3. The design of the project will be in substantial compliance with the project booklet entitled "15`" Street Townhomes" by the Olson Company, dated May 28, 2003. 4. In -lieu of providing affordable housing units in accordance with the Housing Element of the General Plan, a fee of $8,000 per unit built for a total of $336,000.00 shall be paid to the City prior to the issuance of building permits for new construction. Should payment of this in -lieu fee not be paid for any reason, the project shall provide a minimum of 20% of the total units (9 units) for moderate income households for a minimum of 20 years. Should the affordable units be provided, the applicant shall enter into an agreement with the City to provide said units. The agreement shall be reviewed and approved by the City Attorney and shall be executed prior to the recordation of the final map or the issuance of a building or grading permit for the proposed subdivision. 5. Each individual unit shall be protected with an automatic fire suppression sprinkler system subject to the review and approval of the Newport Beach Fire Department. 6. A fire protection system acceptable to the Fire Department will be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 7. The proposed project shall conform to the requirements of the Uniform Building Code, any local amendments to the UBC, and State Disabled Access requirements, unless otherwise approved by the Building Department. The future homeowners association shall be responsible for contracting for refuse pickup. The applicant shall provide a minimum of four (4) common trash enclosures evenly distributed throughout the project site. The size, design and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Departments prior to issuance of a building permit for new construction. The enclosures shall be located on a four inch concrete pad screened by a six foot high decorative concrete block wall that is compatible with the architectural design of the residential buildings. The enclosures shall incorporate a cover of decorative beams or other roofing material to provide security and visual screening from above. Resolution No. Page 6 of 14 9. The enclosed garages shall be available for the exclusive use of the residential occupants for parking purposes only. No conversion of the garage spaces to other use shall be permitted. 10.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 Director and the General Services Department prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 11.AII landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12.All vehicular access rights to West 15th Street shall be released and relinquished to the City of Newport Beach, except for the proposed entrance driveways. 13. Prior to the recordation of the map or prior to the issuance of building permits for the new construction, the applicant shall record an irrevocable offer of dedication (IOD) for a 12 -foot wide easement along the entire West 15th Street frontage to the City of Newport Beach. The IOD shall be subject to the review and approval of the Newport Beach Public Works Department and City Attorney prior to recordation. 14.The project must comply with the interior and exterior noise standards for residential uses of the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM and 10:OOPM and 40dBA between the hours of 10:OOPM and 7:OOAM. The exterior noise level standard is 55dBA between the hours of 7:OOAM and 10:OOPM and 50dBA between the hours of 10:OOPM and 7:OOAM. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and submitted to the City Planning Department prior to occupancy of the project. If the exterior noise levels exceed applicable standards, additional mitigation shall be required which may include the installation of additional sound attenuation devices as recommended by the acoustic study and subject to the approval of the Planning Director. Resolution No. Page 7 of 14 15. Each residential unit shall be separately served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 16.The intersection of the private streets or drives with West 15th Street shall be designed to provide sight distance for a speed of 40 miles - per -hour. Slopes, landscape, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 17. If it is desired to have a control gate at the entrance, a turnaround shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department with respect to turnaround radii, guest entry kiosk placement, etc. A minimum length of 60 feet of vehicle stacking before the entry kiosk is required. 18. Easements for public emergency and security ingress, egress and public utility purposes on all private streets shall be dedicated to the City and that all easements be shown on the final tract map(s). 19.That asphalt or concrete access roads shall be provided to all public utilities, vaults, manholes, and junction structure locations, with width to be approved by the Public Works Department. 20.All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 21. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles prior to the issuance of building permits for new construction. Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. 22.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 23.A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements and public improvements prior to recording of the tract map. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. Resolution No. Page 8 of 14 24.The applicant shall provide wheel stops or other approved protective barrier methods as necessary within the parking areas. The parking spaces shall be marked with approved traffic markers subject to the approval of the Public Works Department or painted white lines not less than 4 inches wide. 25.All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 26. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 27. The applicant shall replace the pole- mounted streetlights along the West 15th Street frontage with standard concrete poles served by underground conduits and connectors prior to the occupancy of the units. 28. Prior to recordation of a final tract map, the subdivider shall provide written documentation from the southwesterly situated property owner that the proposed access gate for emergency vehicles may be constructed through the existing boundary wall including any alterations of improvements or landscaping on the adjoining property necessary to accommodate such access. 29.Any Edison transformers serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 30.A final map shall be recorded. That the final map be prepared so that the Bearings relate to the State Plane Coordinate System. The final map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the final map, the surveyor /engineer preparing the map shall submit to the County Surveyor and to the City of Newport Beach a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. That prior to recordation of the final map, the surveyor /engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 31.A standard subdivision agreement and accompanying surety shall be provided in order to guarantee satisfactory completion of the public improvements if it is desired to record a tract map or obtain a building permit prior to completion of the public improvements. Resolution No. _ Page 9 of 14 32.The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 33. Street, drainage and utility improvements shall be shown of standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer. All non - standard improvements shall be shown on standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer and the City Council. 34.The on -site storm drain system shall be privately maintained. Fossil filters or equivalent measures shall be included as part of the design of catch basins and curb inlets. An on -site clarifier shall be provided. 35.The design of the private streets and drives shall conform to the City's Private Street Policy (L-4), except as approved by the Public Works Department. The basic roadway width shall be a minimum of 24 feet. The location, width, configuration, sight distance and concept of the private street and drive systems shall be subject to further review and approval by the City Traffic Engineer. 36. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 37.A site plan shall be provided prior to recordation of any tract map or issuance of a building permit for new construction showing the location of all proposed street lights, fire hydrants, trees, landscape, vents and other obstructions. 38.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 39. County Sanitation District fees shall be paid prior to issuance of any building permits. 40.That curb and gutter be reconstructed along the West 15th Street frontage under an encroachment permit issued by the Public Works Department to replace the existing driveways. Existing sidewalk shall be replaced with a minimum four -foot wide sidewalk located adjacent to the right -of -way along the entire West 15th Street frontage. 41. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 42.The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable Resolution No. Page 10 of 14 negative impact on surrounding land uses or environmental resources. The applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated Mitigation Measures of the Mitigated Negative Declaration — 43. Design, locate and arrange all new on -site lighting so as to reflect the light away from surrounding residential properties and ensure that low intensity, non - blinking lamps are used. 44. If conventional paints and coating are used, construction is anticipated to create significant ROG emissions associated with the application of these products and mitigation is warranted to reduce this impact to less than significant levels. Applicable mitigation includes the requirement that the construction contractor use low volatility paints and coatings as discussed below: • All primers shall contain less than 0.85 pound per gallon (102 gram /liter) VOC. • All top coats shall contain less than 0.07 pound per gallon (8 gramsAiter) VOC 45. If buried historical resources are discovered during ground- disturbing activities work will stop in that area and within 100 feet of the find until a qualified historian can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach and other appropriate agencies. 46. If buried archaeological resources are discovered during ground - disturbing activities work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach and other appropriate agencies. 47. If buried paleontological resources are discovered during ground- disturbing activities work will stop in that area and within 100 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Newport Beach and other appropriate agencies. 48.If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner has been informed and has determined that no investigation of the cause of death is required. Resolution No. Page 11 of 14 49. If the remains found are of Native American origin there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner has been informed and has determined that no investigation of the cause of death is required. In addition, the human remains and any associated grave goods shall be treated or disposed of with appropriate dignity as provided in Public Resources Code Section 5097.98. 50.AII grading shall be accomplished under the observation and testing of the project geotechnical engineer and engineering geologist in accordance with the Earthwork Specifications of the Pacific Soils Engineering, Inc Geotechnical Investigation produced for the proposed site. 51.AII loose, compressible artificial fill and natural soils should be removed and replaced with compacted fill. On -site, excavated soils shall be sampled prior to disposal. If contaminated, on -site soils shall be properly disposed of using Land Disposal Restrictions as required. In addition, all imported soils shall be tested prior to their use to ensure that they are free of contamination. All fill and processed natural ground should be compacted to a minimum relative compaction of 90% as determined by ASTM Test Method: D- 1557 -91. Compaction shall be achieved at slightly above the optimum moisture content. Compaction shall be achieved with the use of sheepsfoot rollers or similar kneading type equipment. Mixing and moisture conditioning will be required in order to achieve the required moisture conditions. 52.After removals, scarification, and compaction of in -place materials are completed, additional fill may be placed. Fill should be placed in thin lifts (8 -inch bulk), moisture conditioned to slightly above optimum, compacted and tested as grading progresses until final grades are attained. 53.A comprehensive asbestos survey and a comprehensive Lead Based Paint (LBP) survey shall be conducted in order to determine the presence or non - presence of asbestos or lead in on -site structures. 54. For renovation and demolition construction activities that will disturb asbestos - containing materials, a qualified asbestos abatement contractor will remove and clean the area in accordance with SCAQMD and California OSHA requirements prior to commencement of construction activities. 55.AII construction contractors shall comply with SCAQMD regulations, including Rule 1113, which regulates architectural coatings, and Rule 1403, which specifies actions to control asbestos emissions during demolition activities. Construction contractors shall provide documentation to the City of Newport Beach that they will comply with all applicable SCAQMD regulations and the mitigation measures. 56. For demolition or construction activities that will disturb areas containing lead -based paint (LBP) a Lead Management Program shall be prepared, and implemented, to avoid incidental, and /or accidental disturbance of lead -based paint. The program shall set forth operational and maintenance guidelines to minimize lead exposure. Resolution No. Page 12 of 14 Prior to demolition, or major construction, specifications shall be properly modified to incorporate the appropriate handling and/or removal of lead -based paint. The Lead Management Program shall be submitted to the City of Newport Beach for review prior to disturbance of any affected areas. 57. Personal and random area air monitoring shall be conducted during lead removal and /or demolition. 58. Contractors shall keep debris piles wet after demolition to prevent lead particles from becoming airborne. 59.AII construction contractors shall comply with precautionary measures in accordance with the guidelines set forth by the EPA, the Occupational Safety and Health Administration (OSHA) and other regulatory agencies. Construction contractors shall provide documentation to the City Newport Beach that they will comply with all applicable regulations and mitigation measures. 60.All known and observed hazardous materials will be remediated in accordance with the outlined recommendations included in Section 3.7 concerning asbestos, lead, contaminated soils, and methane within the project's Mitigated Negative Declaration and conducted by a regulatory agency that has jurisdiction to oversee hazardous waste cleanups. If soil and /or groundwater locations where spillage of fluids or contamination from prior activities or hazardous materials are discovered during construction activities, these construction activities shall be curtailed until the area is evaluated. Based upon the evaluation such areas shall be remediated as determined appropriate using Health and Safety procedures. Removal of petroleum contamination will also alleviate the generation of hydrogen sulfide and its attendant odor. Prior to the issuance of a building permit for new construction, the applicant must provide evidence that no further action regarding environmental cleanup of the site is necessary to the California Environmental Protection Agency and/or the local enforcing agencies. 61. Prior to the construction of any structures, proximate soil gas testing shall be performed to ensure that methane or other soil gases do not permeate the buildings. This testing program shall be developed and applied in consultation with SCAQMD staff. If gaseous constituents are found to be above regulatory levels, the Applicant shall work with these agencies to develop methods to ensure that unsafe levels do not accumulate within the proposed structures. 62.To ensure proper review of building projects, the project applicant shall contact the Cypress Office of the DCDOG for a copy of the site- review packet entitled, "Construction Project Site Review and Well Abandonment Procedure" that outlines the information a project developer must submit to the DCDOG for review. 63.After on -site structures and paving has been removed, any abandoned well or sump suspected to be the source of methane emissions on the site shall be investigated Resolution No. Page 13 of 14 and identified on future project maps and a legible copy of the final project map shall be submitted to DCDOG's District Office in Cypress. 64. The source of the methane shall be mitigated, such as through proper abandonment or reabandonment of the well if that is determined to be the cause of the emissions. Further, if any plugged and abandoned or unrecorded wells are damaged or uncovered during excavation or grading, the DCDOG's Cypress office shall be contacted to obtain information on the requirements for and approval to perform remedial operations. Prior to the issuance of a building permit for new construction, the applicant must provide evidence that no further action regarding environmental cleanup of the site is necessary to the DCDOG Cypress Office and/or the local enforcing agencies. 65. If the source of methane emissions is determined to be an oil sump, a plan for removal shall be developed and implemented. If the source of the methane emissions cannot be eliminated by oil well abandonment and/or sump removal, an active remediation system shall be imposed upon the project. That system may include, but shall not be limited to, methane extraction and emission control equipment including the placing of an adequate gas venting system over the well should any construction be proposed over the well as a part of this project. 66. SECOR and the City of Newport Beach Fire Department shall evaluate the proposed project site and evaluate residual emissions for active control; these entities shall also develop and implement a methane gas monitoring plan. 67. Passive methane controls shall be planned into the development. These controls shall include methane gas barriers beneath the proposed townhome structures; utility methane controls; methane detectors in all homes near higher methane concentrations; and a building set back from the future located and re- abandoned well. These measures shall also include other measures established by the City of Newport Beach Fire Department as deemed necessary. 68. Prior to site preparation, grading or construction of the proposed project, the construction contractor shall prepare a WQMP. The WQMP shall identify the BMPs that will be used on -site to control predictable pollutant runoff. 69.The applicant will obtain an NPDES permit from the Santa Ana Regional Water Quality Control Board (SARWQCB) that will stipulate permissible waste discharge requirements (WDRs) for the operations phase of the project. Low phosphate fertilizers will be used in minimal amounts. The applicant will adhere to the WDRs. Water quality and compliance oversight will be monitored and provided by the City of Newport Beach Planning Department's Code Enforcement Division. 70. The Applicant shall provide forced air ventilation to all residential units Resolution No. _ Page 14 of 14 71. Construction equipment shall be equipped with mufflers and sound control devices (e.g., intake silencers and noise shrouds) no less effective than those provided on the original equipment and no equipment shall have an unmuffled exhaust. 72.Construction equipment shall be maintained properly and tuned -up to minimize noise emissions. 73. Stationary source equipment (e.g., compressors) shall be located so as to maintain the greatest distance from residential dwellings. 74.AII equipment servicing during construction activities shall be performed so as to maintain the greatest distance from the dwellings. 75.The name and telephone number of a contact person shall be posted on -site.