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HomeMy WebLinkAbout1647 - RECOMMENDING TO CERTIFY THE SAINT MARK PRESBYTERIAN CHURCH EIR, AND APPROVE GPA, PD, UP, TS AND NP_2200 SAN JOAQUIN HILLS ROAD.RESOLUTION NO. 1647 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE SAINT MARK PRESBYTERIAN CHURCH ENVIRONMENTAL IMPACT REPORT (SCH #2003101137) AND APPROVE GENERAL PLAN AMENDMENT NO. 2003 -002, PLANNED COMMUNITY TEXT AMENDMENT NO. 2003 -001, USE PERMIT NO. 2003 -015, TRAFFIC STUDY NO. 2004 -004 AND PARCEL MAP NO. 2004 -036 FOR PROPERTY LOCATED AT 2200 SAN JOAQUIN HILLS ROAD (PA2003 -085). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Saint Mark Presbyterian Church for property identified as 2200 San Joaquin Hills Road located at the northwesterly corner of the intersection of San Joaquin Hills Road and MacArthur Boulevard. The application requests approval of a General Plan Amendment to change the land use designation from Recreational and Environmental Open Space (REDS) to Government, Educational and Institutional Facilities (GEIF) and establish a maximum development gross floor area of 34,000 square feet. The application also includes an amendment to the Big Canyon Planned Community Text to include the project site within its boundaries, designate the site `Religious Institutional and Nature Preserve" and adopt use and development regulations. The application also includes a Use Permit to allow the construction of a new church complex with the main sanctuary building with a tower /cross element to exceed the 32 -foot base height limit; approval of a Traffic Study pursuant to the Traffic Phasing Ordinance; and approval of a Tentative Parcel Map to subdivide the existing 10.81 acre site. WHEREAS, in accordance with California Environmental Quality Act (CEQA) requirements, a Notice of Preparation (NOP) was filed with the State Clearinghouse, which assigned State Clearinghouse No. 2003101137, indicating that a Environmental Impact Report would be prepared. WHEREAS, the NOP and an Initial Study were distributed to all responsible and trustee agencies and other interested parties for a 30 -day public review period commencing on October 27, 2003 and ending on November 26, 2003. WHEREAS, in accordance with CEQA requirements, a Notice of Completion (NOC) of a Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse. WHEREAS, the Draft EIR was distributed to agencies, interested organizations, and individuals by the City. The distribution list is available at the City of Newport Beach City of Newport Beach Planning Commission Resolution No. Page 2 of 24 Planning Department. The Draft EIR dated July 2004 was been distributed separately due to bulk and is hereby designated as EXHIBIT EIR -1 of this Resolution as if fully set herein. WHEREAS, a 45 -day public review period for the Draft EIR was established pursuant to State law, which commenced on July 14, 2004 and ended on August 31, 2004. WHEREAS, all comments received during the public review period for the Draft EIR were responded to in the Response to Comments document dated September 17, 2004, distributed separately due to bulk and hereby designated as EXHIBIT EIR -2 of this Resolution as if fully set herein. The Planning Commission considered all comments and responses during its review of the Environmental Impact Report. WHEREAS, on September 23, 2004, the Planning Commission held a public noticed public hearing at which time the final Environmental Impact Report, comprised of the Draft Environmental Impact Report, a listing of persons and organizations that provided written comments on the Draft Environmental Impact Report during the public circulation period, a compilation of the these comments, and responses to those comments, was considered. Notice of time, place and purpose of the public hearing was duly given and testimony was presented to and considered by the Planning Commission at the hearing. WHEREAS, the Final Environmental Impact Report identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less than significant level. WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared which, sets forth objectives, supporting policies and limitations for development in the City of Newport Beach and designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including floor area limitations. WHEREAS, the General Plan provides for a sufficient diversity of land uses so that schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers are in close proximity to each resident of the community. The proposed amendment does not impact the diversity of land uses by allowing a religious institution on a site not previously designated for such uses. WHEREAS, the City's General Plan dictates that the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The project consists of an increase in the development allocation of 34,000 square feet, which will City of Newport Beach Planning Commission Resolution No. Page 3 of 24 not result in undesirable levels of service of the circulation system based upon the traffic study prepared for the project. WHEREAS, the General Plan calls for the siting of new buildings and structures to be controlled and regulated to ensure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural landforms along bluffs and cliffs. The project proposes to develop a site that is partially disturbed and partially occupied by natural vegetation. The small canyon that may be considered a "unique natural resource" is proposed to be preserved in nearly its existing state. The proposed project provides extensive landscaping to soften the views of the proposed buildings by the public. No public views exist through or across the subject property. WHEREAS, the City's General Plan indicates that the City shall maintain suitable and adequate development standards to ensure that the quality character of residential neighborhoods are maintained and that non - residential projects are aesthetically pleasing and compatible with surrounding land uses. The City maintains and implements development standards through the Zoning Ordinance and through the adoption of Planned Community District Regulations. The proposed project includes the adoption of development regulations specific to the project site for inclusion within the Big Canyon Planned Community development regulations. The proposed regulations (Exhibit C) provide significant setbacks, building height limits, floor area limits, lot coverage limits, standards for accessory structures and signage. These are found to be satisfactory for the development and operation of the proposed church campus. WHEREAS, development of the site is required to comply with the adopted revised development regulations of the Big Canyon Planned Community District Regulations relating to building height, setbacks, landscaping, signage and required parking. The proposed project complies with the proposed development standards. WHEREAS, the proposed Planned Community Development Regulations will maintain consistency between the proposed GEIF designation of the General Plan and Zoning Code regulations. WHEREAS, the Recreation and Open Space (REOS) Element of the General Plan indicates that Service Area 8 is deficient in active recreational area. The REOS Element does not identify the project site as a potential location for a park. The Big Canyon Country Club, which consists of approximately 191 acres of open space, is located within Service Area 8 and provides recreational opportunities for the service area. The recently developed Bonita Canyon Sports Park and related facilities are in close proximity to the residents of Service Area 8. For these reasons, the change in the land use designation thereby eliminating the opportunity to develop the site as a park is not detrimental to the community. City of Newport Beach Planning Commission Resolution No. _ Page 4 of 24 WHEREAS, with the approval of the proposed General Plan Amendment and Planned Community Regulations, the proposed location of the institutional use is in accordance with the objectives of the Municipal Code and the purposes of the PC district in which the site is located. Additionally, the Code recognizes that religious facility often have structures that traditionally exceed established height limits and that granting relief form the height restriction for facilities specifically identified as being used for religious purposes is appropriate. WHEREAS, the proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: 1. All potentially significant environmental effects will either be avoided or reduced to a less than significant level through the implementation of mitigation measures. 2. Approximately 90% of the site will be open space and approximately 50% of the site will be landscaped. A landscape buffer is planned between the south campus parking area and adjacent residential uses which will screen the area and block vehicle headlights from negatively affecting residents. 3. The project provides sufficient area to preserve a canyon feature (approximately 1.1 acres) in nearly its natural state. 4. The site provides parking in excess of the code requirement. 5. Access to the site can be provided safely from San Joaquin Hills Road and MacArthur Boulevard with the creation of 150 foot deceleration lanes and additional traffic calming mitigation measures identified in the EIR. 6. The average grade of the site will be lowered 8 -12 feet which will reduce the visibility of the site from adjacent public roadways. The lowering of the grade will reduce the height and mass of the buildings proposed for the south campus in relation to adjacent residential uses. 7. The increased height of the sanctuary building is not detrimental to adjacent properties given the setbacks proposed and separation from nearby residences. The taller, tower /cross feature is relatively small and located on the opposite side of the sanctuary further away from residences. 8. Condition of approval have been included that will ensure that lighting is contained within the site to the maximum extent. City of Newport Beach Planning Commission Resolution No. Page 5 of 24 WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. Voter approval project is not required as the project represents a projected increase of 71 — A.M. and 90— P.M. peak hour trips, 34,000 square feet of non - residential floor area and zero residential units. These increases do not cumulatively exceed Charter Section 423 thresholds for a vote as there are no previous amendments approved for Statistical Area L2. The project will be tracked as a prior amendment per Charter Section 423 and Council Policy A -18. WHEREAS, a Traffic Study was prepared by Urban Crossroads under the direction and supervision of the City Transportation /Development Services Manager in accordance with the requirements of the Traffic Phasing Ordinance (TPO). The study found that the proposed project would not cause the Level of Service of the eight study intersections to deteriorate below a Level of Service D. WHEREAS, the proposed subdivision is consistent with the proposed General Plan Amendment, Planned Community amendment and the parcel map is consistent with the Newport Beach Subdivision Code (Title 19) and the Subdivision Map Act. NOW, THEREFORE, BE IT RESOLVED Section 1. The Planning Commission of the City of Newport Beach does hereby find that Environmental Impact Report (State Clearinghouse No. 2003101137) designated by reference as Exhibit EIR -1 & EIR -2 of this Resolution has been prepared in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. In addition, the Planning Commission finds that the EIR adequately analyses project — related impacts, potential cumulative impacts, identifies feasible mitigation measures and discusses project alternatives, and that the Final EIR reflects the independent judgment of the Planning Commission. The Planning Commission hereby recommends that the City Council certify Environmental Impact Report identified as State Clearinghouse No. 2003101137. Section 2. Based on the aforementioned findings, the Planning Commission hereby recommends approval to the City Council of General Plan Amendment No. 2003- 002 per the revised estimated growth table and site description depicted in Exhibit "A" and revised Land use Map depicted in Exhibit 'B ", Planned Community Text Amendment No. 2003 -001 per the revised Big Canyon Planned Community District regulations depicted in Exhibit "C ", Use Permit No. 2003 -015, Traffic Study No. 2004 -004 and Parcel Map No. 2004 -036 subject to the Conditions of Approval set forth in Exhibit "D ". City of Newport Beach Planning Commission Resolution No. _ Page 6 of 24 ADOPTED THIS 23d DAY OF SEPTEMBER 2004. AYES: Cole, Toerge, Tucker, Selich, McDaniel NOES: None ABSENT: Eaton BY: Larry Tucker, Chairman BY: rey Secretary City of Newport Beach Planning Commission Resolution No. _ Page 7 of 24 EI R -1 Draft Environmental Impact Report for St. Mark Presbyterian Church including the Technical Appendix (SCH #2003101137) City of Newport Beach Planning Commission Resolution No. Page 8 of 24 EIR -2 Responses to Comments on the Draft Environmental Impact Report for St. Mark Presbyterian Church including the Technical Appendix (SC H #2003101137) City of Newport Beach Planning Commission Resolution No. Page 9 of 24 Exhibit "A" The following language and amended table will be added to the Land Use Element and all other provisions of the Land Use Element shall remain unchanged: Big Canyon (Statistical Area 1-2) 18. Religious Institution Site. This 7.38 acre site located at the northwesterly corner of San Joaquin Hills Road and MacArthur Boulevard is designated for institutional facilities and is designated Government, Educational and Institutional Facilities (GEIF). Maximum development permitted is 34,000 square feet. The approximate 1.10 acre natural canyon feature cannot be altered or developed. ESTIMATED GROWTH FOR STATISTICAL AREA L2 Residential (in du's) Commercial (in sq. ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 01/01/1987 Projection Growth 01/01/1987 Projection Growth 1. Area 1 83 83 0 0 0 0 2. Area 2 17 17 0 0 0 0 3. Area 3 12 12 0 0 0 0 4. Area 4 66 66 0 0 0 0 5. Area 5 61 61 0 0 0 0 6. Area 6 61 61 0 0 0 0 7. Area 7 26 26 0 0 0 0 8. Area 8 34 34 0 0 0 0 9. Area 9 66 67 1 0 0 0 10. Area 10 5 21 16 0 0 0 11. Area 11 25 25 0 0 0 0 12. Area 12 117 117 0 0 0 0 13. Area 13 43 43 0 0 0 0 14. Area 14 74 74 0 0 0 0 15. Area 15 0 0 0 1,834 2,300 466 16. Area 16 0 80 80 0 0 0 17. BC Country 1 1 0 51,058 65,000 13,942 18. Religious Institution 0 0 0 0 34,000 34,000 TOTAL 691 788 97 52,892 101,300 48,408 Population 1,368 1,560 192 Y �.. 1 � ` City of Newport Beach Planning Commission Resolution No. Page 11 of 24 Exhibit "C" The following use and development regulations will be added to the Big Canyon Planned Community with all other provisions remaining unchanged. "SECTION X. Religious Institutional and Nature Preserve This area is intended to provide a site for religious institutional uses and a nature preserve within the site which is located at the northwest corner of MacArthur Boulevard and San Joaquin Hills Road. The institutional and nature preserve areas are depicted in the attached land use map. A. Permitted Uses 1. Religious institutional area: Subject to first securing a Use Permit from the Planning Commission, a church sanctuary and related accessory buildings and structures including administration buildings, ministry buildings, fellowship buildings, nature center, preschool or day care facilities and parking areas uses. 2. Nature preserve area: Nature center subject to a Use Permit and passive open space. B. Minimum Lot Size All lots shall be a minimum of 7 acres. C. Building Area Total gross floor area shall not exceed 34,000 square feet. D. Building Height The maximum height for all buildings except the main sanctuary shall be thirty- two (32) feet as measured from the finish floor to the midpoint of a sloping roof, to the top of a parapet wall or to the top of a flat roof. Basements or partial basements are not included in the height measurement. The main sanctuary may exceed thirty -two (32) feet provided a Use Permit is first obtained. E. Setback from Street Structures shall be set back a minimum of one - hundred -twenty (120) feet from the back of the curb existing at both San Joaquin Hills Road and MacArthur Boulevard. This setback shall not apply to garden walls, retaining walls or fences. Parking areas shall be set back a minimum of forty -eight (48) feet and the parking area setback shall be landscaped. City of Newport Beach Planning Commission Resolution No. Page 12 of 24 F. Setback from other property lines Structures and parking facilities shall be set back from all other property lines a minimum of ten (10) feet. G. Building Lot Coverage Buildings shall not cover the lot in excess of eleven percent (11 %). Coverage shall include all areas within enclosed interior spaces and shall not include areas under overhangs, eves or open trellis areas. H. Fences and Site Walls Fences and site walls shall be limited to a maximum height of eight (8) feet from finished grade. Fences and site walls are allowed in all setback areas, except that fences and walls within street setback areas shall be limited to three and one -half (3' /z) feet. I. Trellises and Shade Structures Open trellis, overhangs and shade structures shall be of open beam construction and shall be permitted to attach to buildings or can be freestanding. These elements may extend within three (3) feet of the side or rear property line. In rear or side yards, the maximum height shall be twelve (12) feet. These areas shall not be considered in calculating lot area coverage; however, the total area of open trellises, overhangs and shade structures shall not exceed 5 percent of the remaining open space of the developed lot. J. Parking Parking shall be not less than that required by the Zoning Code. All required parking shall be provided on site and the layout and design shall be subject to the review and approval of the Traffic Engineer. Parking for the disabled shall be provided in accordance with the California Building Code as adopted by the City of Newport Beach. K. Architectural Features Architectural features, limited to cornices or eaves, may extend two and one - half (2 -1/2) feet into any setback area. City of Newport Beach Planning Commission Resolution No. Page 13 of 24 L. Signage A maximum of three (3) monument signs for site identification purposes only may be permitted and the signs may be located within the street setback provided that they do not impede vehicular sight distance. One sign may be located near the intersection of MacArthur Boulevard and San Joaquin Hills Road. One sign may be located near each of the two proposed vehicular access location. On -site directional signs and building identification signs may be permitted within the project site. A sign program shall be reviewed and approved by the Planning Director prior to the issuance of a building permit." City of Newport Beach Planning Commission Resolution No. Page 14 of 24 Revised Big Canyon Map Y. Tip "` • "�+ . M: l r City of Newport Beach Planning Commission Resolution No. Page 15 of 24 Exhibit "D" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2003 -002, PLANNED COMMUNITY TEXT AMENDMENT NO. 2003 -001, USE PERMIT NO. 2003 -015, TRAFFIC STUDY NO. 2004 -004 AND PARCEL MAP NO. 2004 -036 The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plans, floor plans, and elevations marked as Exhibit No. 5 to Planning Commission Staff Report for PA2003 -085 dated September 23, 2004. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. 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. 7. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 8. Use Permit No. 2003 -015 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. 9. Traffic Study No. 2004 -004 shall expire unless exercised within 24 months from the date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal Code. This approval shall be deemed exercised by the issuance of a building permit to construct the proposed church complex. City of Newport Beach Planning Commission Resolution No. Page 16 of 24 10. Pursuant to the Traffic Phasing Ordinance, construction of all proposed buildings shall be completed no more than 60 months from the date of final approval of Traffic Study No. 2004 -004. 11. Should this site be sold or otherwise come under different ownership or be operated by a different entity than the applicant, any future owners, assignees or operators shall be notified of the conditions of this approval by the current owner or leasing company. 12. The facility shall be designed to meet exiting and fire protection requirements as specified by the Uniform Building Code and shall be subject to review and approval by the Newport Beach Building Department and the Fire 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. 14. All work conducted within the public right -of -way shall be approved under an encroachment permit issued by the Public Works Department. 15. The bridge /driveway between the north and south campus shall be capable of supporting 72,000 pound total weight of fire apparatus including point design outrigger of 75 psi over a 2 square foot area. 16. The California registered professional engineer seal shown on the civil plan sheets shall bear the name of the professional responsible for said designs. 17. Prior to the final of building permits, per the City of Newport Beach Municipal Code and City Council Policies, new street trees shall be planted along the San Joaquin Hills Road frontage. 18. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plans dated March 3, 2003. 19. A minimum of 237 parking spaces shall be provided on -site. Of these, all South Campus Spaces and the 15 spaces directly adjacent to the pre - school shall be provided during the first phase. All parking spaces shall be kept clear of obstructions and made available for the parking of vehicles at all times. City of Newport Beach Planning Commission Resolution No. _ Page 17 of 24 20. The 35 spaces adjacent to the expansion building site shall be installed when determined necessary by the City Traffic Engineer and Planning Director 21. Prior to the issuance of grading /building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 22. Prior to the issuance of grading /building permits, transportation corridor fees shall be paid in accordance with the TCA Major Thoroughfare and Bridge Fee Program. 23. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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: 24. 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. 25. All proposed signs shall be in substantial conformance with the with signs included in the approved set of plans dated March 21, 2003. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 26. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise services provided. 27. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. Between the hours of Between the hours of TOOAM and 10:OOPM and 10:OOPM TOOAM Location Interior Exterior Interior I Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60dBA 24. 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. 25. All proposed signs shall be in substantial conformance with the with signs included in the approved set of plans dated March 21, 2003. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110 -L to ensure that adequate sight distance is provided. 26. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise services provided. 27. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. City of Newport Beach Planning Commission Resolution No. Page 18 of 24 28. 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. 29. Prior to the issuance of grading permits, Prior to the commencement of construction and before a grading permit is issued; a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and approved by the City of Newport Beach as the local permitting agency in accordance with the requirements of the Regional Water Quality Control Board (RWQCB). The SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution prior to, and during construction. The SWPPP shall require construction to occur in stages and stabilized prior to disturbing other areas and require the use of temporary diversion dikes and basins to trap sediment from run -off and allow clarification prior to discharge. 30. 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 City. 31. To the maximum extent practicable, no grading of CSS habitat that is occupied by nesting gnatcatchers will occur during the breeding season (February 15 through July 15). 32. Prior to the issuance of grading permits, or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP /HCP, shall be identified with temporary fencing or other markers clearly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey will be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil disturbance activities and the locations of any such species shall be clearly marked and identified on the construction /grading plans. A minimum of three surveys will be conducted, at least one week apart, in order to determine the presence or absence of the City of Newport Beach Planning Commission Resolution No. Page 19 of 24 coastal California gnatcatcher in conformance with the survey protocol issued on August 6, 1997, by the USFWS. These surveys may be conducted at any time during the year; however, surveys conducted between February 15 and August 30 are preferred. 33. A monitoring biologist, acceptable to the USFWS and CDFG shall be on -site during any clearing of CSS. The landowner or relevant public agency will advise the USFWS and CDFG at least seven calendar days, and preferably 14 calendar days, prior to the clearing of any habitat occupied by Identified Species to allow the USFWS and CDFG to work with the monitoring biologist in connection with bird flushing and /or capture activities. 34. Following the completion of initial grading or earthmoving activities, all areas of CSS habitat to be avoided by construction equipment and personnel will be marked with temporary fencing or other appropriate markers clearly visible to construction personnel. No construction access, parking, or storage of equipment of materials will be permitted within the marked areas. 35. 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. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 36. Prior to the issuance of building permits, 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 buildings and grounds shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, based on the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 37. Prior to issuance of the certificate of occupancv or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in Condition Nos. 35 & 36. 38. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection City of Newport Beach Planning Commission Resolution No. _ Page 20 of 24 agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 39. 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 Department. 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). 40. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 41. 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. 42. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department, General Services Department and Public Works Department. 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. 43. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping materials and irrigation systems have been was installed in accordance with the approved plans. 44. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Director that a qualified archaeologist has been retained to City of Newport Beach Planning Commission Resolution No. _ Page 21 of 24 observe grading activities and conduct salvage excavation of archaeological resources as necessary. The archeologist shall be present at the pre - grading conference, shall, establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the applicant and to the Planning Department. If the archeological resources are found to be- significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant, for exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 45. Prior to issuance of a grading permit, the applicant shall provide written evidence to the Planning Department that a qualified paleontologist has been retained to observe grading activities and salvage fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the fossils. If major paleontological resources are discovered which require long term baiting or redirecting of grading, the paleontologist shall report such findings to the applicant and to the Planning Department. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Planning Director. 46. Prior to the issuance of grading /building permits, the applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles. The plan shall include a haul route plan for review and approval of the Public Works Department. Said plan shall specify the routes to be traveled, times of travel, total number of trucks, number of trucks per hour, time of operation, and safety/congestion precautions (e.g., signage, flagmen). Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 47. Construction vehicles shall not block roadways on any roads adjacent to the project site or any of the roads leading to or from the project site. 48. During construction of the proposed improvements, construction equipment will be properly maintained at an off -site location and includes proper tuning and City of Newport Beach Planning Commission Resolution No. Page 22 of 24 timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on -site during construction. 49. During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on site for more than ten minutes. 50. During construction of the proposed improvements, on -site diesel fueled construction equipment will be fueled with aqueous diesel fuel. 51. Prior to the issuance of grading/building permits, the final design of all required off -site right of way improvements shall be reviewed and approved by the Public Works Department and Traffic Engineer. These improvement shall include, but are not limited to the following: • Provide a right turn lane at the driveway along San Joaquin Hills Road to separate project traffic from the through traffic flows. • Re- stripe the free right turn lane to provide a 10 -foot wide lane along the curve and install raised pavement markers at 10 -foot intervals or other improvements to reduce right- turning vehicular speeds. • Eliminate the painted crosswalk in the free right hand turn lane or other improvements to reduce right- turning vehicular speeds. • Install a 15 MPH" sign at the beginning of the curve of the free right hand turn lane in order to reduce vehicular speeds or other improvements to reduce right- turning vehicular speeds. • Provide a minimum 150 -foot westbound right turn pocket along San Joaquin Hills Road at the project driveway. • Provide the maximum length possible right turn pocket along MacArthur Boulevard at the project driveway. The turn pocket shall extend as long as necessary to meet standard traffic engineering requirements as determined by the Transportation /Development Services Manager, but is not required to be so long as to necessitate the relocation of the SCE power pole. • Sight distance at the MacArthur Boulevard access point shall be reviewed with respect to standard Caltrans and City of Newport Beach sight distance standards. 52. The pastoral staff shall distribute to the congregation and visitors maps that depict the following exit route from the San Joaquin Hills Road access point: San Joaquin Hills Road to Santa Rosa Road to Newport Center Drive to San Miguel Drive to MacArthur Boulevard. 53. Prior the issuance of building permits, the project shall be reviewed by the Building Department to verify compliance with the following requirements related to geology and soils: City of Newport Beach Planning Commission Resolution No. Page 23 of 24 • Project design must comply with the 1997 Uniform Building Code (UBC) seismic design criteria. • Structure setback must comply with either the 1997 Uniform Building Code (UBC) or the Orange County Grading Manual. • Any imported soil for general grading shall have a Expansion Index of less than 60. • Control site drainage. • Design footing embedments to resist the effects of expansive soil. • Maintain a proportionately high dead load component on foundations. • Over - excavate and moisture soils condition below foundations, floor slabs and hardscape. • Use of articulation and reinforcement of concrete slabs and footings. • Use of rigid foundation and floor slabs. 54. A parcel map is required and shall be recorded within 3 years from the date of approval if the tentative parcel map unless an extension is granted by the Planning Director. Said map shall include the necessary easements for pedestrians and public utilities along the San Joaquin Hills Road and MacArthur Boulevard frontages and for public utilities within the development site. 55. 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. 56. A final map shall be recorded prior to the issuance of a certificate of occupancv. 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. City of Newport Beach Planning Commission Resolution No. Page 24 of 24 57. All applicable Public Works Department plan check fees and inspection fees shall be paid prior to recordation of the parcel map. 58. The applicant shall be responsible for the payment of all administrative costs identified by the Planning Department within 30 days of receiving a final notification of costs or prior to the issuance of a Building Permit. 59. Prior to the issuance of a certificate of occupancy, an emergency access road with a rolled curb and surface capable of supporting fire department apparatus shall be provided at or near the location of the proposed MacArthur access point shown on the approved plans. The final design shall be subject to the review and approval by the Fire Department, Public Works Department and Planning Department. (This condition is only applicable in the event that the MacArthur Boulevard Access is not constructed.) 60. The tower /cross is limited to a maximum height of 51 feet above existing grade. 61. The property owner of Parcel 1, as shown on Parcel Map No. 2004 -004, shall be responsible for installing and maintaining landscaping between the existing sound wall an public right of way and any portion of Parcel 1 visible from public right of way. All landscape materials and landscaped areas shall be installed and maintained in accordance with a landscape plan approved by the Planning Director. 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.