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HomeMy WebLinkAbout1617 - ADOPT MND AND APPROVE UP, NEWPORT PARCEL MAP AND TS_20322 ACACIA STREET AND 20341 & 20351 BIRCH STREETRESOLUTION NO. 1617 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING USE PERMIT NO. 2003 -025, NEWPORT PARCEL MAP NO. 2003 -026 (TENTATIVE PARCEL TRACT MAP. NO. 2003 -203) AND TRAFFIC STUDY NO. 2003 -004 FOR THE PROPERTY LOCATED AT 20322 ACACIA STREET and 20341 & 20351 BIRCH STREET (PA2003 -164). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by Birch Bayview II, LP with respect to property located at 20322 Acacia Street and 20341 & 20351 Birch Street (PA2003 -164) and legally described as Lots 67, 96, and the southwesterly half of Lot 68 of Tract 706 (Harbor View Addition to Santa Ana Heights). The applicant seeks approval of a Use Permit, Tentative Parcel Map and Traffic Study for the construction of three professional office buildings on three lots that encompasses approximately 2.2 acres in the Santa Ana Heights area. Section 2., A public hearing was held October 23, 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 General Plan 1. The Land Use Element (LUE) designates the project site for Administrative, Professional, Financial Commercial (APF) uses. The Administrative, Professional, Financial Commercial has a 0.5 floor area ratio limit within the Santa Ana Heights. Each of the three (3) proposed lots are to be developed with office buildings, therefore complying with the floor area ratio limit with an average building FAR of 0.47. Therefore, the project is consistent with the LUE. Consistency with the Title 20 (Zoning) 1. The entire 46,281 square feet development will provide 166 standard parking stalls and 6 handicap stalls for a total of 172 stalls and consequently meets the parking requirements established in Chapter 20.44. 2. The project as conditioned provides for a dedication from the applicant for a right -of- way dedication of five feet for the widening of Acacia Street; and therefore is consistent with the Santa Ana Heights Specific Plan Modified Street Standards established in Chapter 20.44. Resolution No. Page 2 of 15 3. As proposed, the project meets all development standards contained in the Santa Ana Specific Plan including setbacks, landscape, building height, floor area and site coverage in Section 20.44.050 and design guidelines. 4. Professional and administrative offices are permitted in the business park district of the Santa Ana Heights Specific Plan subject to the approval of a use permit. The proposed location of the office use and the conditions under which it would be operated and maintained are consistent with the General Plan and the purpose and intent of the Business Park District in the Santa Ana Heights Specific Plan and consequently compliant with the findings for a Use Permit. 5. The proposed project will not be detrimental to the welfare of persons residing or working in or adjacent to the neighborhood of the business park. The proposed project will be of similar nature to the surrounding business park uses, thereby complimentary to the surrounding neighborhood as envisioned in the Santa Ana Heights Specific Plan. There are no residential properties adjacent to the subject property. The outlying residential properties are greater than 45 feet in distance from the proposed development. Any impact created from the proposed development will not directly affect the residential properties. No other sensitive land uses are in the immediate vicinity. Vesting Parcel Map for 20322 Acacia Street and 20341 & 20351 Birch 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 within the Santa Ana Heights Specific Plan permit professional office buildings to have a 0.5 floor area ratio limit and the proposed project is below this limit. The necessary infrastructure already exists for this project. 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. Resolution No. Page 3 of 15 4. The project consists of three (3) professional office buildings permitted by local ordinance and the General Plan. No evidence is known to exist that would indicate that the proposed project will generate any serious public health problems. 5. One (1) easement will be provided through the adjacent lot as secondary access to the subject property for ingress/egress and emergency access. Public utility easements for utility connections that serve the project site are present and will be modified, as necessary to serve the new project. Therefore the proposed subdivision will not impact public easements. Public 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. Waste discharge into the existing sewer will be consistent with commercial 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. Consistency with Title 15 (Traffic Phasing Ordinance) 1. A traffic study, entitled Traffic Phasing Ordinance (TPO) Study for Birch Bayview Plaza II, Newport Beach, California (Linscott, Law & Greenspan, Engineers, September 4, 2003), was prepared for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). 2. The traffic study indicated that the project will contribute less than a 1% increase in traffic on ten of the eleven intersections examined. 3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic Phasing Ordinance, the traffic study determined that the eleventh intersection, Irvine and North Bristol, project traffic will increase the volume on the northbound approach during the PM peak hour by more than 1 %. The intersection is presently operating at a level of service of "E" and with the project traffic increase, there will be less than a 0.01 increase in the ICU; therefore no mitigation is required for this project. 4. Based on the weight of the evidence in the administrative record, including the traffic study and the expectation that construction of the project will be completed within 60 months of project approval; the project will neither cause nor make worse an unsatisfactory level of traffic service at the impacted intersection of Irvine and Bristol. Resolution No. Page 4 of 15 Mitigated Negative Declaration 1. 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 September 26, 2003 and October 17, 2003. City of Newport Beach received one (1) comment letter regarding the MND from The Irvine Ranch Water District notifying the applicant of the required water calculations upon plan check submittal. 2. The contents of the environmental 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 Use Permit No. 2003- 025, Newport Vesting Parcel Map No. 2003 -026 (Tentative Parcel Map. No. 2003 -203) and Traffic Study No. 2003 -004 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 23rd DAY OF OCTOBER, 2003. AYES: Eaton, Cole, Toerge, McDaniel, Selich NOES: None BYZ&C__� Earl McDaniel, Chairman BY: MichaetToerge, Secretary Kiser and Tucker Exhibit "A" Conditions of Approval Planning Department Resolution No. Page 5 of 15 1. 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 prior to expiration by the Planning Director in accordance with applicable regulations. 3. All storage of cartons, containers and trash, shall be enclosed by a building or by a wall not less than six (6) feet in height. The size, design and location of trash enclosures shall be subject to the review and approval of the Public Works and The enclosures shall be located on a concrete pad screened by a six foot high decorative concrete block wall that is compatible with the architectural design of the office buildings. The enclosures shall incorporate a cover of decorative beams or other roofing material to provide security and visual screening from above. 4. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. Landscaping plans shall be provided in conformance with the landscape guidelines of Section 20.44.020 (Design Guidelines). 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. 5. All 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. 6. 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 Resolution No. Page 6 of 15 create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 7. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America. If in the opinion of the Planning Director, the illumination does create an unacceptable negative impact on surrounding land uses or environmental resources, then the applicant shall prepare a photometric studv in coniunction 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. 8. Prior to sale, lease, or rental of any office building or portion thereof, the applicant/owner shall provide to each prospective purchaser, lessee, or tenant a notice and statement of acknowledgement that the property is subject to over flight, sight and sound of aircraft operating from John Wayne Airport. The form and method of distribution of said notice and statement of acknowledgement shall be provided to the Planning Director. 9. Prior to issuance of building permit for new construction, the applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the applicant shall submit evidence to the Planning Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the final design of the project. Plan Check: Please see note at end of document for further explanation of compliance. Fire Department: 10. Each individual building shall be protected with an automatic fire suppression sprinkler system subject to the review and approval of the Newport Beach Fire Department. 11. The egress/ingress easement across the adjacent property shall be indicated on the parcel map as a fire access road that shall never be obstructed, built upon, or gated at any time. Building Department: 12.Prior to the issuance of a certificate of occupancy permit, all improvements shall be constructed in a manner meeting the approval of the Building Department. 13.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. Resolution No. _ Page 7 of 15 Public Works — Vehicular Circulation and Improvements 14. Prior to the recordation of the map or prior to the issuance of building permits for the new construction, the applicant shall record a dedication for a 5 -foot wide easement along the entire Acacia Street frontage to the City of Newport Beach. The dedication shall be subject to the review and approval of the Newport Beach Public Works Department and City Attorney prior to recordation. 15. Prior to the recordation of the map or prior to the issuance of building permits for the new construction, the applicant shall provide evidence that an ingress /egress easement for ingress /egress and emergency access has been recorded across the adjacent property allowing access as planned by the approved plan. 16. Prior to building permit issuance for new construction, the applicant shall re- stripe two (2) former loading stalls in the adjacent lot, Birch Bayview Plaza I, to meet the City of Newport Beach's parking stall standards. These two stalls are to be provided for the loss of two (2) required parking stalls for a previously approved Use Permit under the jurisdiction of the County of Orange. Evidence of the re- striping shall be provided for the approval of the City Traffic Engineer. 17.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. 18.All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 19. Project access to Birch and Acacia Streets must conform to the City's sight distance standard 110 -L. The design shall be reviewed and approved by the City Traffic Engineer. 20. 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. 21.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. Resolution No. _ Page 8 of 15 22.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. 23. Prior to occupancy, street improvements including but not limited to curb and gutter shall be reconstructed along Birch Street frontage under an encroachment permit issued by the Public Works Department to replace the existing driveway. The existing concrete sidewalk along Birch Street shall be reconstructed in conformance with the Santa Ana Heights Specific Plan requirements. Final street improvements shall subject to further review by the Public Works Department. 24. Prior to occupancy, the applicant shall construct all street improvements for the entire frontage of the property to the centerline along Acacia Street under an encroachment permit issued by the Public Works Department. Street improvements including but not limited to the street pavement, concert sidewalk, curb and gutter and driveway approaches shall be constructed in accordance with the soils report recommendations and in conformance with the Santa Ana Heights Specific Plan requirements and the Public Works Design Manual. Final street improvements shall be subject to further review by the Public Works Department. 25.The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. 26. Prior to occupancy, three (3) bicycle racks shall be provided for use of employees or tenants who commute by bicycle. One rack shall be located adjacent to each building. Final locations shall be subject to further review by the Public Works Department. Public Works - Public Utility Improvements: 27. All utility 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. 28. 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. 29.Any Edison transformers serving the site shall be located outside the sight distance planes as described in City Standard 110 -L. 30.The existing above ground cable television box and SCE vent pipes within the existing Birch Street sidewalk shall either be relocated behind the back of existing Resolution No. _ Page 9 of 15 sidewalk or a "jog" walk- around sidewalk be constructed behind these existing improvements. 31.Each office building shall be separately served with an individual water service, unless otherwise approved by the Public Works Department and the Building Department. The water meter shall be located behind the back of the public sidewalk as required by the Irvine Ranch Water District. 32. Each office building shall be served by an individual sewer connection. The sewer cleanout shall be constructed at a located approved by the Mesa Consolidated Sanitation District. 33. 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. 34.The applicant must provide mature trees in sizes comparable (or the largest commercial available) to the existing trees located on the adjacent lot, Birch Bayview Plaza I. All street trees in the landscape setbacks on Birch and Acacia Streets must be a minimum 36 inch box size when installed and subject to the review and approval of the General Services and Public Works Departments. Public Works — Parcel Map Requirements: 35.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. 36.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. 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. 37.A standard subdivision agreement and accompanying surety shall be provided in order to guarantee satisfactory completion of the public improvements if it is desired Resolution No. Page 10 of 15 to record a tract map or obtain a building permit prior to completion of the public improvements. Public Works /Building - Drainage and NPDES: 38.A drainage plan shall be submitted and approved prior to the issuance of a Building Permit showing the method for control and disposal of all waters flowing into, across and from the building site and statement setting forth the method by which facilities shall be maintained. 39. 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. 40.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. 41.The existing storm drain catch basin located along the southerly property line of this development, with a connection to an existing storm drain system, shall be removed. The existing storm drain pipe shall be capped and abandoned. No curb drains shall be constructed to discharge on -site drainage onto the public right -of -way. 42.On -site drainage shall not be routed in manner that would cause any spillage onto the existing development southerly of this project through the proposed access drive shown between the two developments. 43. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study (include off -site areas affecting the development) shall be prepared by a qualified engineer and approved by the Building Department. The report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 44. Prior to the issuance of grading permit, a recorded drainage acceptance letter for any concentration or increase of drainage runoff to adjacent properties shall be submitted for review and approval by the Building Department. Resolution No. Page 11 of 15 45. Prior to issuance of a grading permit, the applicant shall submit an erosion /siltation control plan to the Building Department for review and approval. The plan shall incorporate storm water pollutant control. 46. Prior to initiation of anv earthwork activities or issuances of any grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on- site throughout the construction phase and shall be made available to the public for review, upon request. 47. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB) shall be given to the Building Department prior to issuance of a grading permits. 48. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building Department. 49. Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Building Department: ■ All provisions for surface drainage. ■ All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. ■ Where determined necessary by the Building Department, associated public street and utility easements shall be dedicated to the City of Newport Beach. 50. Applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. Resolution No. Page 12 of 15 51. During the construction phase the project applicant shall exercise special care to prevent any offsite siltation. Project applicant shall properly maintain all temporary erosion and sediment control measures until the Building Department approves the removal of said measures. 52. During the construction phase, the applicant shall comply with the following requirements: • No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. • All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking. Fees: 53. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 54. County Sanitation District fees shall be paid prior to issuance of any building permits. Mitigation Measures of the Mitigated Negative Declaration — 55.The applicant and or contractor shall use pre- coated building materials to the maximum extent feasible. 56.The applicant and or contractor shall use high pressure -low volume (HPLV) paint applicators with 50% efficiency. 57.The applicant and or contractor shall use lower volatility paint not exceeding 100 grams of ROG per liter. Spread out the application over a longer period. 58.The applicant and or contractor shall incorporate enhanced dust control measures: • Water all 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 30 minutes of any visible dirt deposition 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. Resolution No. _ Page 13 of 15 ■ Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after cleaning is completed. 59. The applicant and or contractor shall incorporate the following emissions controls: • Require 90 -day low -NOx tune -ups for off -road equipment. • Limit allowable idling to 10 minutes for trucks and heavy equipment. 60. The applicant and or contractor shall incorporate the following off -site impacts: • Encourage car pooling for construction workers. • Limit land closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Wash or sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. 61. The applicant and or contractor shall sandbag construction sites for erosion control 62. 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. 63.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. 64. 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. 65. If any human remains are discovered or recognized in any location on the project site, 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 14 of 15 66.The applicant and or contractor shall minimize the length of time that soils lie exposed to the fullest extent possible. 67.The applicant and or contractor shall limit on -site vehicle speeds to 15 miles per hour on unpaved surfaces. 68.Prior to Building Permit issuance, the applicant shall incorporate the recommendations stated in the Preliminary Geotechnical Investigation produced by P.A. & Associates, Inc. on February 14, 2003 for the proposed project area. Those recommendations include instructions for Grading, Sub - Surface Soil Preparation, Scarification, Import and Fill Material Usage, and Seismic Recommendations among others. 69.Prior to Building Permit issuance, final foundation and slab subgrade soils shall be tested at the completion of remedial grading to confirm expansion characteristics of bearing soils which will govern final foundations and slab design. Special geotechnical mitigation measures and foundation /slab design shall be implemented if final foundation and slab subgrade soils exhibit any expansion potential. 70.Prior to Building Permit issuance for demolition of existing structures, 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. 71. 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. 72.All 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. 73. 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. 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. 74. Personal and random area air monitoring shall be conducted during lead removal and /or demolition. Resolution No. Page 15 of 15 75. Contractors shall keep debris piles wet after demolition to prevent lead particles from becoming airborne. 76. All 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. 77. During final project design, project drainage systems shall be engineered and designed so that post - development site runoff is conveyed to existing drainage systems. Design and engineering must ensure that post - development peak flows from the site will not result in a net increase in peak flows above 1 % currently exiting the site. 78. The applicant and or contractor shall limit construction to the daytime hours of 7:00 am to 6:30 pm on weekdays, and 8:00 am to 6:00 pm on Saturdays, and no construction on Sundays. 79. The applicant and or contractor shall require that all construction equipment be fitted with properly sized mufflers. 80.The applicant and or contractor shall locate noisy construction equipment items as far as practicable from the homes on Acacia Street and Birch Street. 81.The applicant and or contractor shall install mechanical ventilation within each office building in order to ensure a habitable environment with doors closed. 82.The applicant and or contractor shall have noise be a consideration in the selection of mechanical equipment for the project. This may be achieved by procurement of quiet equipment and /or the use of various techniques including construction of rooftop. 83. The applicant and or contractor shall limit trash pickups at the project site to occur during the daytime hours of 7:00 a.m to 10:00 p.m. Note to Plan Check: It has since been determined that the protect is not applicable to Condition of Approval #9. Under Section 77.15(a) of the FAA "Notice of Proposed Construction" information sheet, the proposed project will be shielded by existing structures of a permanent and substantial character of equal or greater height and will be located in the congested areas of the city, where it is evident beyond all reasonable doubt that the structure shielded will not adversely affect safety of air navigation. Hence, the Condition is not relevant to the proposed project.