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HomeMy WebLinkAbout1800 - APPROVE UP2009-037 AND UP2010-002 AND NP_3100-3138 BALBOA BLVD AND 3101-3121 NEWPORT BLVDRESOLUTION NO. 1800 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NOS. UP2009 -037 TO ALLOW PORTIONS OF A NEW FAQADE TO EXCEED THE 26 -FOOT BASE HEIGHT LIMIT; UP2010 -002 TO ALLOW A WAIVER OF FIVE, REQUIRED, OFF - STREET PARKING SPACES THROUGH THE ADOPTION OF A PARKING MANAGEMENT PROGRAM; AND PARCEL MAP NO. NP2009- 013 TO MERGE SIX PARCELS, FOR THE RENOVATION AND EXPANSION OF AN EXISTING SHOPPING CENTER LOCATED AT 3100 -3138 BALBOA BOULEVARD AND 3101 -3121 NEWPORT BOULEVARD (PA2009 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Cory Chung representing the property owner, Catellus, with respect to property located at 3100 -3138 Balboa Boulevard and 3101 -3121 Newport Boulevard, and legally described as lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G" on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980, requesting approval of two use permits and a tentative parcel map. 2. The applicant requests two use permits and a parcel map associated with the renovation and expansion of an existing retail shopping center. The parcel map would allow the merger of six existing parcels into one parcel for redevelopment. One use permit would allow portions of a new fagade to exceed the 26 -foot base height limit and another would allow the waiver of five, required, off - street parking spaces through the approval of a parking management program. 3. The subject property is designated for Retail Service Commercial (RSC) use and is located within the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. A public hearing was held on February 4, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Planning Commission Resolution No. _ Page 2 of 22 Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) and Class 5 (Minor Alterations in Land Use Limitations). 2. The Class 3 exemption applies to up to four commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject property is zoned for retail use and the proposed project does not involve significant amounts of hazardous substances and all necessary public services and facilities are provided. The proposed project is consistent with this exemption and involves the development of two commercial buildings with a total of 6,515 square feet of new development within an urbanized area. 3. The Parcel Map has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The project consists of minor alteration in land use limitations in areas with an average slope of less than 20 percent which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. SECTION 3. REQUIRED FINDINGS. In accordance with Sections 20.91.035, 20.43.050, and 19.12.070 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: The following information is presented in support of the required use permit findings per Section 20.91.035.A of the Zoning Code: Finding: A. That the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the district in which the site is located. Facts in Support of Finding: A -1. The project is located in the Retail and Service Commercial (RSC) land use area of the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning District, which is intended to provide for retail sales, personal and professional uses that offer direct services to the public and marine - related light industrial uses. This designation will Planning Commission Resolution No. _ Paae 3 of 22 provide a wide range of uses and services accommodating both residents and visitors, the boating industry, and will also provide continuity between districts and increase the potential for "shared sales" from pedestrians. The existing and proposed retail uses are consistent with land uses permitted by the RSC land use designation in the SP -6 Zoning District. A -2. The existing shopping center provides a variety of retail services, which serve the surrounding residential community. The proposed project will provide several new tenants which will continue to provide retail services to the surrounding neighborhood. This will revitalize the project site and provide an economic opportunity for the property owner to update the retail tenants and services, which best serve the quality of life for the surrounding residential community. Finding: B. That the proposed location of the use permit 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 of the general welfare of the City. Facts in Support of Finding: B -1. The General Plan land use category for this site is Neighborhood Commercial (CN). The CN category is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. A retail shopping center is a permitted use within this land use designation. B -2. The project has been conditioned to ensure the welfare of the surrounding community. All new structures will comply with the finished floor requirements as specified in the SP- A (Cannery Village /McFadden Square Specific Plan). The project has been conditioned by the Fire Department to provide adequate circulation throughout the parking areas and provide the main tenant shops with fire sprinklers. All eating and drinking establishments will be required to obtain separate use permits in addition to the subject use permits, which regulates parking and height on the project site. In addition, a Water Quality Management Program is required by the Building Department. B -3. The proposed project and requested discretionary applications are consistent with relevant General Plan policies. Planning Commission Resolution No. _ Page 4 of 22 Finding: C. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: C -1. The request to allow the fagadp- for the main tenant shops to exceed the height limit is consistent with the findings required by the Cannery Village /McFadden Square Specific Plan to exceed the height limit. C -2. The waiver of five, required, off - street parking spaces is permissible through a use permit and the adoption of a parking management program for the subject property. The parking provided for the subject property is consistent with the shopping center parking regulations identified in the Zoning Code. C -3. The project has been conditioned to require individual tenants to obtain a separate use permit for uses that require a use permit pursuant to Chapter 20.43 of the Zoning Code. The separate discretionary approval will regulate the operation of the specific use within the project site. CA The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the shopping center. Finding: D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. Facts in Support of Finding: D -1. The proposed site is not located within a residential district and no residential uses are proposed as part of this project. Planning Commission Resolution No. _ Paae 5 of 22 Height Limit The following information is presented in support of the required use permit findings per Section 20.43.050.1-1 of the Zoning Code: Finding: A. The development will provide for both public physical and visual access to the bay within the limits that public safety is ensured and private property protected. Facts in Support of Finding: A -1. Public visual access is not impaired by the additional height of the buildings over the basic 26 -foot height limit since the building mass is set back a substantial distance from 32nd Street and 30th Street. A -2. There is currently no physical or visual access to the bay from the project site due to surrounding development. The addition of the proposed fagade will not result in any additional impacts to the physical or visual access to the bay and ocean view because the building is oriented perpendicularly to the shoreline of the Pacific Ocean and Newport Bay. A -3. There are no bay or ocean views visible from the subject property or the adjacent properties on the block bounded by 32nd Street, Newport Boulevard, 30th Street, and Balboa Boulevard. No significant public or private view corridors will be blocked by the height of the new fagade or the new retail pad and addition to the existing shopping center. A -4. Public physical and visual access is provided between the main tenant shops and structures on adjacent properties with a minimum 5 -foot side yard setback to the property line for the proposed addition to the existing retail shops. A -5. The additional building height and resulting bulk does not impede public safety or interfere with the rights of adjacent properties. Finding: B. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. Facts in Support of Finding: B -1. The height limit exhibit in the project plans provides a calculation of the public visual space provided below the 26 -foot height limit in relation to the fagade features, which exceed the 26 -foot base height limit. The project design provides 1,291 square feet of Planning Commission Resolution No. _ Paqe 6 of 22 open space on the fagade elevation below the 26 -foot base height limit in exchange for allowing 461 square feet of the fagade elevation to exceed the 26 -foot base height limit. B -2. The existing retail shops are located centrally on the subject property and the proposed project will comply with the maximum 0.3 FAR specified in the Land Use Element of the General Plan for this land use designation. B -3. The fagade structure in and of itself does not change the existing orientation and location of structures on the property. Only the retail addition will be constructed out to the Code - required 5 -foot setback. The setback and open space areas include improved pedestrian spaces and landscaping. The new retail building provides an 8- foot and 12 -foot setback along 32nd Street and Balboa Boulevard, respectively, which exceeds the 5 -foot required front yard setback. Finding: C. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. Facts in Support of Finding: C -1. The proposed fagade increases the subject property's consistency with the architectural themes within the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning District. The project site is located in close proximity to both Cannery Village and McFadden Square and incorporates architectural elements of both recommended design themes into the fagade, including horizontal ribbed metal wall panels (similar to corrugated metal) and brick veneer on the front elevation. The proposed fagade also incorporates materials such as cut stone veneer, wire mesh sign grilles, and ribbed metal siding similar to corrugated metal to be added to the existing brick veneer of the shopping center. C -2. The proposed fagade provides architectural variation along each street frontage. The increased building height creates an emphasis on the key elements of the shopping center, such as the large grocery anchor in the middle. The portions of the fagade at either end of the main tenant shops that exceed the base height limit serve as visual anchors along Newport Boulevard and Balboa Boulevard. C -3. The proposed project provides an opportunity to update an older shopping center and increase site compatibility with current parking requirements and architectural themes of the surrounding neighborhood. The renovation of the existing shopping center will provide for the creation of a clean block with common architectural themes, amenities, and presence on the public street. Planning Commission Resolution No. _ Paqe 7 of 22 Finding: D. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. Facts in Support of Finding: D -1. The maximum height of the proposed fagade is 30 feet which exceeds the 26 -foot base height limit by four feet. The adjacent properties to the east of the subject property consist of an existing, single -story eating and drinking establishment, and the properties to the southwest of the subject property consist of two -story single -unit and two -unit dwellings. The additional height proposed for the new shopping center fagade will emphasize the project site as a neighborhood commercial core and will not create an abrupt scale relationship with the adjacent properties. D -2. The bulk of the proposed shopping center fagade is narrow and will extend above the 26 -foot base height limit along the front fagade of the main tenant shops facing 32nd street. All mechanical equipment will comply with the 26 -foot base height limit and will be located behind the existing parapet wall of the shopping center so that it is screened from all adjacent public rights -of -way. D -3. The grouping of buildings, and the opportunity for additional building height and bulk, has been balanced by providing front and rear parking areas, which are set back from the street frontage and balanced with landscaping at the perimeter of the parking areas. Findin : E. The increase in height shall not result in floor area exceeding the floor area otherwise permitted. Facts in Support of Finding: E -1. The building height increase of the new fagade does not result in buildings exceeding the floor area otherwise permitted by the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning District or the 0.3 floor area ratio (FAR) intensity limit specified by the General Plan Land Use Element. The increase in height is only for the fagade of the retail tenant spaces and does not in and of itself result in additional square footage to the project site. Finding: F. The maximum height in all districts shall be measured in accordance with the definitions contained in Section 20.65.030. Planning Commission Resolution No. _ Paae 8 of 22 Facts in Support of Finding: F -1. The applicant acknowledges this measurement standard and has agreed to comply with the measurement of height from the high water line or the site elevation, whichever is greater as specified in Section 20.43.050.H of the Zoning Code in addition to the determination of grade as specified in Section 20.65.030 of the Zoning Code. Parcel Map The following information is presented in support of the required use permit findings per Section 19.12.070 of the Subdivision Code: Finding: A. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. Facts in Support of Finding: A -1. The proposed parcel map is to combine six parcels to create one parcel of land for the renovation of an existing retail shopping center. The proposed development will comply with the 0.3 floor area ratio (FAR) intensity limit specified by the General Plan Land Use Element. The proposed subdivision and improvements are consistent with the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning District and the current General Plan Land Use Designation, Neighborhood Commercial (CN). Finding: B. That the site is physically suitable for the type and density of development. Facts in Support of Finding: B -1. The site is located in an urban area and is previously developed with a retail shopping center. The site is irregular in shape, relatively flat, and is suitable for development. Finding: C. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Planning Commission Resolution No. _ Paqe 9 of 22 Facts in Support of Finding: C -1. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption applies to up to four commercial buildings in urbanized areas not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject property is zoned for retail use and the proposed project does not involve significant amounts of hazardous substances and all necessary public services and facilities are provided. The proposed project is consistent with this exemption and involves the development of two commercial buildings with a total of 6,515 square feet of new development within an urbanized area. C -2. The Parcel Map has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The project consists of minor alteration in land use limitations in areas with an average slope of less than 20 percent which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. Finding: D. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: D -1. The construction of the proposed commercial development will comply with all Building, Public Works, and Fire Codes. Public improvements will be required of the developer per Section 19.28.010 of the Municipal Code and Section 66411 of the Subdivision Map Act. All ordinances of the City and all conditions of approval will be complied with. D -2. Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. Finding: E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to easements previously acquired by the public. This finding shall apply only to easements of record Planning Commission Resolution No. _ Paqe 10 of 22 or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: E -1. That the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Finding: F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Facts in Support of Finding: F -1. The subject property is not subject to the Williamson Act because it is currently developed as a commercial shopping center, the subject property is not considered an agricultural preserve, and the subject property is less than 100 acres. Finding: G. That, in the case of a "land project' as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision - making body finds that the proposed land project is consistent with the specific plan for the area. Facts in Support of Finding: G -1. The property is not a "land project' as defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels and is previously developed with commercial buildings. Finding: H. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Planning Commission Resolution No. _ Page 11 of 22 Facts in Support of Finding: H -1. The proposed parcel map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department enforces Title 24 compliance through the plan check and inspection process. Finding: That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. Facts in Support of Finding: 1 -1. The proposed parcel map is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need. The residential density on the site will remain the same; the subject property does not provide any residential units. No affordable housing units are being eliminated based upon the fact that the previous use of the project site did not include residential development so the proposed number of units remains the same. Findinq: J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: J -1. The existing sewer system is designed to handle the additional wastewater discharge from the proposed development and does not violate Regional Water Quality Control Board (RWQCB) requirements. Finding: K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Planning Commission Resolution No. Pape 12 of 22 Facts in Support of Finding: K -1. The proposed parcel map is located in the Coastal Zone. The Coastal Land Use Plan designates this site as Neighborhood Commercial (CN), which is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area, and the current and proposed development is consistent with this designation. The project has been conditioned to require Coastal Commission approval prior to the issuance of building permits. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit Nos. UP2009 -037, UP2010 -002, and Parcel Map No. NP2009 -013, subject to the conditions set forth in Exhibit A. 2. This use permit action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This parcel map action shall become final and effective 10 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 19 Subdivision Code, of the Newport Beach Municipal Code. 4. This resolution supersedes Planning Commission Use Permit Nos. UP390, UP464, UP698, UP1551, UP1973, UP2067, UP2069, UP3008, UP3280, UP3511, and UP3634 which upon vesting of the rights authorized by this application, shall become null and void six months following the issuance of building permits for the proposed project. PASSED, APPROVED AND ADOPTED THIS eh DAY OF FEBRUARY, 2010. AYES: Eaton, Unsworth, Peotter, and Hawkins NOES: McDaniel, Toe ge, and Hillgren BY:�� Robert Hawkins, Ch irman BY: Charles Unsworth, Secretary Planning Commission Resolution No. _ Page 13 of 22 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in bold) PLANNING DEPARTMENT CONDITIONS 1. This resolution supersedes Planning Commission Use Permit Nos. UP390, UP464, UP698, UP1551, UP1973, UP2067, UP2069, UP3008, UP3280, UP3511, and UP3634 which upon vesting of the rights authorized by this application, shall become null and void six months following the issuance of building permits for the proposed project. 2. Use Permit No. UP2009 -037 to allow the height of the new fagade to exceed the base height limit of 26 feet and Use Permit No. UP 2010 -002 to waive five, required, off - street parking spaces 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. 3. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 4. All signs on the subject property shall comply with the sign matrix and conditions of approval for Comprehensive Sign Program No. CS2009 -001 (PA2009 -004). 5. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 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. These Use Permits 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. Planning Commission Resolution No. _ Paqe 14 of 22 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Use Permit(s) or the processing of a new Use Permit. 10. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 11. 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 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. Cut -off fixtures are required at the perimeter of the subject property. 12. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The survey shall show that lighting values are "1" or less at all property lines. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 14. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 15. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 16. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 6OdBA 14. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 15. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 16. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Planning Commission Resolution No. _ Paqe 15 of 22 Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 20. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 21. 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 23. 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. 24. The subject property shall provide a minimum of 235 parking spaces. The subject property shall comply with the approved Parking Management Program dated January 22, 2010 and the amendment to the Parking Management Program shall be subject to the approval of the Planning Director. 25. Parking for the shopping center shall require one space per 200 square feet or gross floor area. Up to 15 percent of the total gross floor area of the entire shopping center may consist of eating and drinking establishments, whose parking requirement is greater than one space per 200 square feet. The size of the net public area for all other eating and drinking establishments shall be Planning Commission Resolution No. _ Paqe 16 of 22 limited so that the parking requirement for the establishment does not exceed one space per 200 square feet of gross floor area. 26. The finished floor elevation for all new structures or additions to an existing structure other than floor area used for parking shall be 9 feet above mean low water level (8.67 NAVD88). The maximum for the new fagade height shall be the greater of thirty (30) feet above the high water line or thirty (30) feet above the side elevation. 27. A new use permit shall be required for all uses requiring a use permit per Section 20.43.040 of the Zoning Code, SP -6 Commercial Land Use Regulations, prior to the issuance of building permits to occupy the building following renovation of the shopping center. 28. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 29. Prior to issuance of building permits, the proposed project shall comply with the requirements of Chapter 14.17 of the Municipal Code regarding water - efficient landscaping. 30. Delivery vehicles that access the rear loading dock shall be required to enter and exit at the rear of subject property on 30th Street via Newport Boulevard. Deliverx vehicle access to and from the subject property from Balboa Boulevard via 30 Street shall be prohibited. The applicant shall reconfigure the rear access to the subject property along 30th street to a single driveway not to exceed 60 feet in width to the satisfaction of the traffic division of the Public Works Department without a loss of off -site parking. 31. Delivery vehicle operators shall be required to limit truck engine idling to a maximum of 5 consecutive minutes. 32. A guardrail or bollards with reflectors that will prevent damage to adjacent residential properties shall be installed along the southwest property line from 30th Street to the alley. The location of the guardrail and bollards shall maintain a minimum 26- foot -wide drive aisle through all parking areas. The design and location of the guardrail or bollards shall be subject to the approval of the Public Works Director. All barriers shall be skateboard proof. 33. Trees in the parking areas shall be of a species determined by the General Services Department to be compatible with the street trees specified for 32nd Street. 34. Storage in parking and vehicle circulation areas adjacent to residentially -zoned properties shall be prohibited. Planning Commission Resolution No. _ Paae 17 of 22 35. Access shall be prohibited at all times in the 5 -foot area between the south fence and the southwest proposed addition. FIRE DEPARTMENT CONDITIONS 36. Fire lanes shall be required throughout the project site. 37. Fire sprinklers are required for the proposed project. When the existing structure is more than 5,000 square feet and the addition is 2,500 square feet or more, the entire structure shall be equipped with an automatic sprinkler system throughout. Fire sprinklers shall be required for the existing west tenant shops and the new addition to the west tenant shops. Fire sprinklers shall be optional for the east tenant shops. The sprinkler system shall be monitored by a UL certified alarm service company. 38. A Soil Gas Investigation and Mitigation Civil Engineer and Certified Geologist Departments for review and approval. BUILDING DEPARTMENT CONDITIONS Plan shall be prepared by a licensed California and submitted to the City Building and Fire 39. 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. The construction plans must meet all applicable State Disabilities Access requirements. As required by the Building Department, approval from the Orange County Health Department is required prior to the issuance of a building permit for eating and drinking establishments. 40. The applicant shall employ the following best available control measures ( "BACMs ") to reduce construction - related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90 -day low -NOx tune -ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off -Site Impacts • Encourage car pooling for construction workers. Limit lane closures to off -peak travel periods. Planning Commission Resolution No. _ Paae 18 of 22 • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six -inch surface layer, subject to review /discretion of the geotechnical engineer. 41. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 42. Prior to issuance of -grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 43. A list of "good house - keeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 44. Prior to issuance of building permits, the applicant shall provide a California Building Code Compliance analysis prepared by a licensed architect to verify Code Compliance including allowable building area. 45. Prior to processing of the application for plan check submittal, the applicant shall attend a preliminary code review with the Building Department. To schedule a preliminary code review, the applicant may contact Faisal Jurdi by Planning Commission Resolution No. _ Paae 19 d22 phone at (949) 644 -3277 or by email at fjurdi(&newportbeachca.gov. The preliminary code review is charged at a rate of $170 per hour. 46. The project foundation shall be designed to mitigate liquefaction effects. 47. Approval from the Orange County Health Department is required prior to the issuance of building permits for eating and drinking establishments. PUBLIC WORKS CONDITIONS 48. A Final Parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor /engineer preparing the Map shall submit to the County Surveyor and 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. The Map to be submitted to the City of Newport Beach shall comply with the City's CADD Standards. Scanned images will not be accepted. 49. Prior to recordation of the Final Parcel 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. 50. All improvements shall be constructed as required by Ordinance and the Public Works Department. 51. An encroachment permit is required for all work activities within the public right - of -way. 52. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed unless an Encroachment Agreement is applied for and approved by the Public Works Department. 53. Reconstruct existing broken and /or otherwise damaged concrete sidewalk and curb and gutter along the Newport Boulevard, 30th Street and 32nd Street. Limits of replacement shall be at the discretion of the Public Works Inspector. 54. Remove and replace existing driveway approach on Newport Boulevard. 55. Proposed driveway approach on 32nd Street shall be constructed per City Standard #160 -L -A. Planning Commission Resolution No. _ Paae 20 of 22 56. Balboa Boulevard is on the City's Moratorium List for Excavation. Trenching into the pavement on Balboa Boulevard as a part of this development shall be avoided. If trench work is performed on Balboa Boulevard as a part of this development, trench resurfacing shall be per City Standard 105 -L -F. 57. Install two new 36 -inch box street trees into two new 4 -foot square tree wells on Balboa Boulevard fronting the development. The tree species to be planted shall be determined by the City Urban Forester. 58. In accordance with the provisions of Chapter 13 (or any other applicable chapters) of the Newport Beach Municipal Code, additional street trees may be required and existing street trees shall be protected in place during construction of the subject project, unless otherwise approved by the General Services Department and the Public Works Department through an encroachment permit or agreement. 59. Parking lot layout shall be per City Standard #805 -L -A and B. 60. Any improvements adjacent to driveway approaches shall comply with the City's sight distance requirement per City Standard #110 -L. 61. Damage to existing public improvements surrounding the development site by the private construction shall be repaired and additional construction within the public right -of -way may be required at the discretion of the Public Works Inspector. 62. 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. 63. All applicable Public Works Department plan check fees, improvement bonds and inspection fees shall be paid prior to processing of the map by the Public Works Department. 64. County Sanitation District fees shall be paid prior to issuance of any building permits, if required by the Public Works Department or the Building Department. 65. Additional Public Works improvements, including street and alley reconstruction, work may be required at the discretion of the Public Works Inspector. 66. Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. 67. Any proposed sewer and water service improvement to the shopping center and /or individual tenants shall be approved by the Public Works and Utilities Departments. Planning Commission Resolution No. Page 21 of 22 68. Any proposed gas and electrical service connection to the shopping center and /or individual tenants shall be approved by The Gas Company, Southern California Edison, Public Works Department, and Utilities Department. 69. All on -site drainage shall comply with the latest City Water Quality requirements. 70. All existing drainage facilities in the public right -of -way shall be retrofitted to comply with the City's on -site non -storm runoff retention requirements. The Public Works Inspector shall field verify compliance with this requirement prior to recordation of the parcel map. 71. In compliance with the requirements of Chapter 9.04, Section 901.4.4, of the Newport Beach Municipal Code, approved street numbers or addresses shall be placed on all new and existing buildings in such a location that is plainly visible and legible from the street or road fronting the subject property. Said numbers shall be of non - combustible materials, shall contrast with the background, and shall be either internally or externally illuminated to be visible at night. Numbers shall be no less than four inches in height with a one -inch wide stroke. The Planning Department Plan Check designee shall verify the installation of the approved street number or addresses during the plan check process for the new or remodeled structure. 72. Prior to recordation of the Parcel Map, fair share fees for the additional square footage parked at the General Commercial rate of $7,367 per thousand square feet ($47,996.01 for 6,515 square feet) shall be paid in accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code. 73. Coastal Commission approval shall be obtained prior to the recordation of the Parcel Map. 74. Parcel Map No. NP2009 -013 shall expire if the map has not been recorded within three years of the date of approval, unless an extension is granted by the Planning Director in accordance with the provisions of Chapter 19.16 of the Newport Beach Municipal Code. 75. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 76. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of Planning Commission Resolution No. _ Page 22 d22 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. UTILITIES DEPARTMENT CONDITIONS 77. All full service restaurants /establishments are required to have a grease interceptor.