HomeMy WebLinkAbout1806 - APPROVE NP AND TS_1505-1535 MONROVIA AVERESOLUTION NO. 1806
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING TENTATIVE PARCEL MAP NO. 2009 -004,
AND FINDING TRAFFIC STUDY NO. TS2009 -001 IN COMPLIANCE WITH
THE TRAFFIC PHASING ORDINANCE FOR A HIGHER - EDUCATION
LEARING CENTER PROJECT LOCATED AT 1505 -1535 MONROVIA
AVENNUE (PA2009 -072)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Coast Community College District (CCCD), with respect to
properties located at 1505 -1535 Monrovia Avenue, and legally described as A Portion of
Lot 1015 and all of Lot 1016 of the First Addition to Newport Mesa Tract is in the process
of constructing a 3 -story, 68,800 square -foot higher- education learning center, here
after "the Project ". The following approvals are requested or required in order to
implement the Project as proposed:
a. Tentative parcel map approval pursuant to Title 19 (Subdivision Code) for a 4-
parcel consolidation and a land dedication for future street improvements; and
b. A traffic study pursuant to the City's Traffic Phasing Ordinance.
2. On February 18, 2009, CCCD Board of Trustees took necessary action under
California Government Code Section 53094, to exempt the Project from Title 20
(Planning and Zoning Code), and designated CCCD as the Lead Agency for purposes
of the compliance with California Environmental Quality Act (CEQA). Although CCCD
is not subject to City policies and ordinances, consistency was evaluated for CEQA
compliance. Additionally, CCCD is subject Title 19 (Subdivision Code) and City's
Traffic Phasing Ordinance.
3. On April 14, 2009, the City Council entered into an agreement with CCCD which
authorized the City to manage the preparation of CEQA documents for the Project.
The City also agreed to assist CCCD in the processing of a traffic analysis pursuant
the City's Traffic Phasing Ordinance and a parcel map for lot consolidation pursuant to
the Subdivision Map Act.
4. The subject property is located within the M -1 -A Zoning District and the General Plan
Land Use Element category is RM (Multiple -Unit Residential).
5. The subject property is not located within the coastal zone.
6. A public hearing was held by the Planning Commission on April 22, 2010, in Santa Ana
Heights Fire Station No. 7 at 20401 Acacia Avenue, Newport Beach. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
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Municipal Code. 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. An Initial Study and Mitigated Negative Declaration (MND) have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3. The draft Mitigated Negative Declaration was
circulated for a 20 -day comment period from July 17 to August 6, 2009. CCCD, acting
as the lead agency, adopted the MND on August 19, 2009.
2. Following the adoption of MND, CCCD purchased a 0.54 -acre parcel frontage lot
located on Monrovia Avenue and directly north of the Project (1533 Monrovia Avenue).
An addendum to the MND for the inclusion of newly acquired property was prepared
and approved by CCCD on December 16, 2009.
3. The Planning Commission finds that the environmental documents prepared and
adopted for the Project by CCCD are, therefore, in compliance with the provisions of
CEQA.
SECTION 3. REQUIRED FINDINGS.
1. The subject property has a General Plan designation of Multiple -Unit Residential 18
units per acre and is presently zoned M -1 -A (Controlled Manufacturing) District. The
M -1 -A District allows a wide range of moderate to low industrial uses and limited
accessory and ancillary commercial and office uses.
2. The Project is consistent with the General Plan and the Zoning designations in that the
applicant took action on February 18, 2009, to exempt the Project from Title 20
(Planning and Zoning Code), pursuant to California Government Code Section 53094.
Policy LU 6.1.4 of the Land Use Element acknowledges that other governmental
agencies may be exempted from City land use control and approval. However, it also
calls for the City to encourages school and utility districts and other governmental
agencies to plan their properties and design buildings of high levels of visual and
architectural quality that maintain the character of the neighborhood or district in which
they are located and in consideration of the design and development policies for
private uses specified by the General Plan.
3. For purposes of CEQA, the Project has been reviewed in length of various General
Plan policies pertaining to:
• LU 5.1.2 - Compatible Interfaces
• LU 6.1.1 - Adequate Community Supporting Uses
• LU 6.1.2 - Siting Of New Development
• LU 6.1.4 - Compatibility Of Non -City Public Uses
• HR 1.6 - Documentation Of Historical Resources
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• HR 1.7 - Offer For Relocation Of Historic Structure
• HR 2.2 - Grading And Excavation Activities
• CE 2.1.6 - Protection Of Right -Of -Way
• CE 2.2.6 - Emergency Access
• CE 6.2.1 - Alternative Transportation Modes
• NR 1.1 - Water Conservation In New Development
• N 1.1 - Noise Compatibility Of New Development
4. Municipal Code Chapter 15.40 (Traffic Phasing Ordinance, or TPO) requires that a
traffic study be prepared and findings be made before building permits may be
approved for project's that will generate in excess of 300 average daily trips (ADT).
The Project will generate a total of 1,420 trips per day, including 194 a.m. peak -hour
trips and 147 p.m. peak -hour trips. Pursuant to Section 15.04.030.A, the Project shall
not be approved unless certain findings can be made. The following findings and facts
in support of such findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this
chapter and Appendix A.
Facts in Support of Finding:
A -1. A traffic study, entitled "Newport Beach Learning Center TPO dated September
2009" was prepared by Austin -Foust Associates, Inc. under the supervision of
the City Traffic Engineer.
A -2. Pursuant to the TPO, only primary intersections in the City of Newport Beach
are required to be analyzed; however, for the purposes of assessing project -
related impacts pursuant to CEQA, the traffic study also included a cumulative
impact analysis of the City of Costa Mesa intersections. As a result, a total of 25
intersections were evaluated with 14 located in the City of Newport Beach and
11 located in the City of Costa Mesa.
Finding:
B. That based on the weight of the evidence in the administrative record, including
the traffic study, one of the findings for approval in subsection (B) can be made:
15.40.030.6.1 Construction of the project will be completed within 60
months of project approval; and
15.40.030.B.1(a) The project will neither cause nor make worse an
unsatisfactory level of traffic service at any impacted primary intersection.
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Facts in Support of Finding:
B -1. Construction of the Project is anticipated to start in 2011 and be completed in
2012. If the Project is not completed within sixty (60) months of this approval,
preparation of a new traffic study will be required.
B -2. The traffic study indicates that the Project will increase traffic on 8 of the 14
study intersections in the City of Newport Beach by one percent (1 %) or more
during peak hour periods one year after the completion of the Project.
B -3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the
Traffic Phasing Ordinance, the traffic study determined that the eight primary
intersections identified will operate at LOS 'V or better during the AM and PM
peak hours, and no mitigation is required.
B -4. Based on the weight of the evidence in the administrative record, including the
traffic study, the implementation of the Project will neither cause nor make
worse an unsatisfactory level of traffic service at any impacted primary
intersection within the City of Newport Beach.
B -5. The traffic study indicates that the Project will have a significant impact on one
of the eleven study- intersections in the City of Costa Mesa.
Finding
C. That the project proponent has agreed to make or fund the improvements, or
make the contributions, that are necessary to make the findings for approval
and to comply with all conditions of approval.
Facts in Support of Finding:
C -1. Since implementation of the Project will neither cause nor make worse an
unsatisfactory level of traffic service at any impacted primary intersection within
the City of Newport Beach, no improvements or mitigations are necessary.
Mitigation measures were identified for the impacted - intersection in the City of
Costa Mesa and the Project's fair share contribution was determined. CCCD
has been informed and is in agreement with the mitigation measures.
5. Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in
support of such findings shall be made for approval of a Tentative Parcel Map. Such
findings and facts of support are as follows:
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Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
Facts in Support of Finding:
A -1. The proposed tentative parcel map is consistency with the Multiple -Unit
Residential General Plan land use designation in that the applicant took action on
February 18, 2009, to exempt the Project from Title 20 (Planning and Zoning Code),
pursuant to California Government Code Section 53094 . The proposed tentative
parcel map is consistent with applicable provisions of the Subdivision Map Act and this
Subdivision Code as it complies with minimum standards for subdivision design and
improvements standards such as sidewalks and pedestrian access ways, drainage
and erosion control, water supply, sanitary sewers connection, storm drains, and utility
undergrounding. The City's Circulation Element calls for an extension of 151h Street to
provide access to future development at the Banning Ranch property. As a condition
of approval for the tentative parcel map, the City is requiring an irrevocable offer of
dedication (IOD) of the additional required 22 -foot wide right -of -way from the
southerly -most parcel to accommodate the ultimate 104 -foot wide right -of -way. CCCD
also is required to construct a 10 -foot wide sidewalk and will be responsible for the
construction costs of remaining future improvements (curb, gutter and one travel lane)
along 151h Street, in accordance with the 15th Street's Master Plan Right -of -Way
requirements.
Finding:
B. That t he site is physically suitable for the type and density of development.
Facts in Support of Finding:
B -1. The subject site is within an area with a "low" to "no potential" for liquefaction due
to the lack of liquefiable soils, as indicated in the City's General Plan Update EIR. The
site is relatively flat with no significant changes in topography between the subject
property and the adjacent properties. The site is suitable for the type and density of
development proposed, in that the tentative parcel map has been conditioned to ensure
that subdivision improvements serving the site and surrounding area will be adequate.
Finding:
C. That the design of the subdivision or the proposed improvements is 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
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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.
Facts in Support of Finding:
C -1. The design of the tentative parcel map and the proposed improvements for the
Project are not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat as indicated in analysis provided in the
narratives included with the mitigated negative declaration (MND) prepared and adopted
for the Project. The MND concludes that the Project will have a less than significant
impact to the environment with mitigation measures and no cumulative impacts have
been identified. The site is currently developed and located in a highly urbanized area; no
significant natural resources exist in the area of the Project site.
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 design of the tentative parcel map and its proposed subdivision
improvements (i.e. street related improvements, water supply, sanitary sewers
connection, storm drains, and utility undergrounding) are in compliance with Chapter
19.24 Subdivision Design and Chapter 28 Subdivision Improvements of Title 19
Subdivision Code and therefore will not likely to cause serious public health problems.
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 ones previously
acquired by the public. This finding shall apply only to easements of record 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. The design of tentative parcel map and its proposed improvements would not be
in conflict with easements and street dedication, for access through or use of, within the
subject property. Existing in -use utility easements located on the subject property and a
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new ingress /egress and utility easement for the land- locked parcel located on the
northwest corner of the Project site have been identified and reserved.
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 site is not subject to a Williamson Act contract. Therefore, this finding does
not apply.
Finding:
G. 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.
Facts in SUDDort of Findin
G -1. This finding does not apply as the tentative parcel map is for a 4 -lot
consolidation and a land dedication for future street improvements with no subdivision
proposed to create 5 or more parcels, 5 or more condominiums, a community
apartment project containing 5 or more parcels, or for the conversion of a dwelling to a
stock cooperative containing 5 or more dwelling unit.
Finding:
H. 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 Findin
H -1. This finding does not apply as the Project site is not a "land project' as defined
in Section 11000.5 of the California Business and Professions Code.
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Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act
and Section 65584 of the Califomia 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. This finding does not apply as the tentative parcel map is for lot consolidation to
be occupied by a nonresidential use.
Finding:
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 discharge of waste from the proposed tentative parcel map into the existing
sewer system will not result in a violation of existing requirements prescribed by the
Regional Water Quality Control Board. The design of the tentative parcel map and its
proposed subdivision improvements (i.e. street related improvements, water supply,
sanitary sewers connection, storm drains, and utility undergrounding) are not likely to
cause serious public health problems as they have been indicated in analysis provided
in the narratives included in with the MND. Furthermore, as conditions of approval,
CCCD is required to submit a Water Quality Management Plan to be reviewed and
approved by the Building Department, and a storm /drainage plan to be reviewed and
approved by the General Services Department prior to the issuance of grading permits.
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.
Facts in Support of Finding:
K -1. The subject property is not located within the Coastal Zone; therefore, this finding
does not apply.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach does hereby approve Tentative
Parcel Map No. 2009 -004;
2. The Planning Commission of the City of Newport Beach does hereby find that the traffic
study complies with the Traffic Phasing Ordinance, and based on the weight of the
evidence in the administrative record, including Traffic Study No. TS2009 -001, the
construction of the Project will be completed within 60 months of project approval; and
the Project will neither cause nor make worse an unsatisfactory level of traffic service
at any impacted primary intersection.
3. This action shall become final and effective fourteen 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.
PASSED, APPROVED AND ADOPTED THIS 22TH DAY OF APRIL, 2010.
AYES: Eaton, Unsworth, Peotter, Hawkins, McDaniel, Toerge, and Hillgren
NOES: None
Excused: McDaniel
AN
Hawkins, Chair11r1an
BY:
Charles UnsworI , Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project - specific conditions are in italics)
PLANNING
1. Tentative Parcel Map No. 2009 -004 shall expire 24 months from the date of approval,
unless the Final Map is recorded or an extension is otherwise granted in accordance to
Section 19.16.020 of the Newport Beach Title 19 Subdivision Code.
2. Traffic Study No. 2009 -001 shall expire 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 grading permit to construct the proposed project.
3. Pursuant to Section 15.40.030(B)(2) of the Newport Beach Municipal Code, construction
of the proposed Project shall be completed no more than 60 months from the date of final
approval of Traffic Study No. 2009 -001.
4. The applicant shall design and construct all required onsite and offsite improvements
to permanent line and grade in accordance with Chapter 19.28 (Subdivision
Improvement Requirements), Chapter 19.24 (Subdivision Design), Chapter 19.36
(Completion of Improvements), City Design Criteria, and other applicable provisions of
Chapter 15.38 (Fair Share Traffic Contribution Ordinance), Chapter 15.40 (Traffic
Phasing Ordinance), Chapter 15.42 (Major Thoroughfare and Bridge Fee Program),
and Tentative Parcel Map conditions of approval.
5. 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.
6. Prior to the issuance of grading permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
7. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
8. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
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liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Newport
Beach Learning Center Project including, but not limited to, the Tentative Parcel Map
No. 2009 -004 and Traffic Study No. TS2009 -001. This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and /or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all of
City's costs, attomeys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Fire Department Conditions
9. The applicant shall provide Class I wet standpipe in lieu of access to rear of the
property that shall meet the following requirements:
a. Standpipe outlets shall be provided on all levels and at all stairwells.
b. Standpipe may be supplied by sprinkler system.
c. The combined system must be designed so that closure of the fire sprinklers
does not affect the operation of the standpipe.
10. The applicant shall provide fire department connection (FDC) at Monrovia Avenue.
FDC shall be within 150 feet and located the same side of the street as the public fire
hydrant.
11. The applicant shall provide one on -site hydrant. The location of hydrant shall be
reviewed and approved by the Fire Department.
Building Department Conditions
12. 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.
13. 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
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WQMP must also identify the entity responsible for the long -term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
General Services Conditions
14. Prior to issuance of grading permits, the applicant shall prepare and submit a storm
drain /drainage plan to be reviewed and approved by the General Services
Department.
Public Works Conditions
15. The applicant shall dedicate 22 feet along the 15th Street frontage to the City of
Newport Beach, in accordance with the City General Plan Circulation Element as the
extension of 15th Street is designated a primary arterial, which requires 104 -foot wide
street right -of -way.
16. The Map shall be prepared on the California coordinate system (NAD88). Prior to Map
recordation, 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 the Orange County Subdivision Code and Orange County Subdivision
Manual. 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.
17. Prior to recordation, the Map boundary shall be tied onto the Horizontal Control
System established by the County Surveyor in a manner described in Sections 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 City Engineer. Monuments
shall be protected in place if installed prior to completion of construction project.
18. All existing easements shall be maintained unless otherwise approved by the
easement users.
19. Prior to issuance of grading permits, a w ater and sewer demand study shall be
prepared by the applicant and submitted to the Public Works Department for review
and approval.
20. All improvements shall be designed and constructed in accordance with the current
edition of the City Design Criteria, Standard Special Provisions, and Standard
Drawings,
21. An encroachment permit is required for all work activity within the public right of way.
22. No structures shall be constructed within the limits of any easements or public right -of-
way.
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23. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
24. The applicant is required to construct a new 5 -foot wide concrete sidewalk, with
appropriate curbs and gutters, and landscaped parkways along the length of the
Monrovia Avenue street frontage.
25. All utilities serving the Development shall be made underground.
26. The applicant is required to install new street trees along the length of the Monrovia
Avenue frontage as approved by the Public Works and General Services
Departments. The number, location and size of the new City trees are subject to the
approval of the Public Works and General Services Departments.
27. The parking layout shall comply with City Standard STD - 805 -L -A and STD - 805 -L -B.
28. On -site parking and vehicular circulation shall be subject to further review by the City
Traffic Engineer.
29. The applicant is required to construct a 10 -foot wide concrete sidewalk along the 151h
Street frontage per plans to be reviewed and approved by the Public Works
Department.
30. The applicant is required to compensate the City for the cost of the remaining future
improvements (curb, gutter and 1 travel lane) along 15th Street.
31. All reconfigured /extinguished easements shall be shown as part of the final Parcel
Map.
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