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HomeMy WebLinkAbout1949 - A SITE DEVELOPMENT REVIEW APPLICATION FOR THE CONSTRUCTION OF TWO BUILDINGS AND A THREE-LEVEL PARKING STRUCTURE, AS WELL AS AN ADDITION TO AN EXISTING BUILDING. THE PROPOSAL INCLUDES THE DEMOLITION O - 2043 Westcliff DrRESOLUTION NO. 1949 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING SITE DEVELOPMENT REVIEW NO. SD2013 -003, TRAFFIC STUDY NO. TS2014 -001, AND LOT MERGER NO. LM2013 -005, FOR A NONRESIDENTIAL DEVELOPMENT PROJECT LOCATED AT 2011, 2043, 2121, AND 2131 WESTCLIFF DRIVE (PA2013 -154) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Architects Orange, with respect to property located at 2011, 2043, 2121, and 2131 Westcliff Drive, and legally described as Parcel 1 of Lot Line Adjustment No. LA2003 -041 and the northwesterly 140 feet of Lot 3, Tract 4225, requesting approval of a Site Development Review, Traffic Study, and Lot Merger. 2. The applicant requests a Site Development Review for the construction of two buildings and a three -level parking structure, as well as an addition to an existing building. The proposal includes the demolition of 25,339 square feet of building area. The proposed project would result in four buildings totaling 73,671 gross square feet. The total amount of off - street parking would be 382 spaces. The request also includes a Traffic Study pursuant to the City's Traffic Phasing Ordinance and a Lot Merger to combine two lots into a single lot for the commercial development. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 19, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 32 (In -Fill Development Projects). 2. Class 32 consists of projects characterized as in -fill development meeting the following conditions discussed below: Planning Commission Resolution No. 1949 Page 2 of 18 a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The subject properties are designated as General Commercial (CG) within the Land Use Element of the General Plan and are located within the Commercial General (CG) Zoning District. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed uses (including medical office, bank, retail, service, and eating and drinking establishment) are allowed uses within the CG Zoning District. The project complies with the 0.5 Floor Area Ratio and other development standards with the approval of the subject application. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is within the incorporated City limits and is 3.39 acres in area. The site is surrounded by urban uses. To the north, east, and west of the project site are areas developed with commercial uses, including retail sales, restaurants, personal services, offices, and financial institutions. To the south of the project site and northeast beyond the commercial areas are multiple -unit residential neighborhoods. c) The project site has no value as habitat for endangered, rare or threatened species. No native vegetation or habitat exists on the subject property. The site is currently developed with multiple commercial buildings and a surface parking lot with no natural habitat nearby, and therefore has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic study was conducted pursuant to Municipal Code Chapter 15.40 (Traffic Phasing Ordinance). Project - related vehicle traffic is expected to be increase by 1,727 average daily trips, 100 morning peak hour trips and 120 evening peak hour trips. The traffic study concluded that the project generated trips would not result in a significant traffic impact. Construction activities associated with the proposed project would be conducted within the daytime hours specified in the City's Noise Ordinance. Given the temporary nature of construction noise and the proposed construction phasing, the noise associated with the construction is not anticipated to result in a significant impact. The operational noise associated with the proposed project would be required to meet the City's noise requirements. Nuisance issues, truck deliveries, and mechanical equipment are all controlled by existing City policies and regulations. The allowed and proposed land uses are not expected to generate significant noise and would be required to comply with noise regulations including maximum exterior noise levels. Land uses that have been associated with noise concerns or other nuisance events in the past would require additional discretionary review, such as a large fitness facility, restaurant, or bar. 08 -09 -2013 Planning Commission Resolution No. 1949 Paqe 3 of 18 The project is not anticipated to result in any air quality impacts as the project would be developed at the intensity allowed by the General Plan and Zoning Code, and the construction and operation of the project would meet all local, state, and federal requirements. Additionally, the project would not produce any toxic chemicals, pesticides, or other pollutants and the site is not in proximity to a school, convalescent facility, or other sensitive land uses. The nearest residential uses to the south are separated from the project site by a 60- foot -wide public street. The project would be conditioned to comply with the regional Air Quality Management Plan established by the Southern California Air Quality Management District to ensure that construction impacts are minimized. Therefore, the project will not result in any significant effects related to air quality. Construction and operation of the project would comply with all applicable water quality regulatory requirements. The applicant provided a water quality management plan (WQMP) that was prepared by an engineer and reviewed by the City's Building Division. Compliance with applicable regulatory requirements and implementation of the project design features, including the Best Management Practices within the WQMP, would ensure that there are no water quality impacts as a result of the proposed project. e) The site can be adequately served by all required utilities and public services. The water and sanitary sewer services are provided by the City for the subject properties. The existing utilities and public services have been adequate for the site. City records show six sewer laterals serving this site and water mains surrounding subject properties with sufficient capacities to meet the demands of a development like the one being proposed. The applicant intends to re -route and provide power and telecom lines for the proposed project as necessary. The nearest fire station is approximately 0.6 miles north of the project site at Irvine Avenue and Dover Drive. The proposed project would continue to be adequately served by existing fire, police, and other public services. SECTION 3. REQUIRED FINDINGS. Site Development Review In accordance with Section 20.52.080 (Site Development Review) of the Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Allowed within the subject zoning district. Facts in Support of Finding: 1. The subject properties are located within the Commercial General (GC) Zoning District. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Medical offices, 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 4 of 18 financial institutions, retail sales, and personal services are allowed uses within the CG Zoning District. Eating and drinking establishments are an allowed use subject to approval of a use permit. The proposed nonresidential construction over 20,000 square feet in gross floor area is an allowed use within this district subject to the approval of a Site Development Review. Finding: B. In compliance with all of the applicable criteria [below]: a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces, e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s) -of -way and compliance with Section 20.30. 100 (Public View Protections). Facts in Support of Finding: 1. The subject properties are designated as General Commercial (CG) within the Land Use Element of the General Plan and Commercial General (CG) within the Zoning Code. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Medical offices, banks, retail sales, personal services, and eating and drinking establishments are allowed uses within the CG Zoning District. 2. The existing and proposed structures are arranged in a way to provide for harmonious relationships with one another and with the adjacent surroundings through site layout and positioning of the various buildings. Additionally, the project utilizes consistent architectural features, colors, materials, and landscape palette throughout. 3. The height, bulk, and scale of the proposed project are compatible with the commercial and residential uses in the area. The proposed buildings are of varying heights and provide more than the required setbacks. Building 1 and Building 3 are proposed at the 32 -foot height limit. Building 2 is proposed to be 33 feet 6 inches in height, which is 1.5 feet above the height limit, with a mechanical screen wall at 44 feet in height. Building 4 is proposed to be 48 feet in height, which is 16 feet above the height limit. The parking structure is proposed to be 24 feet in height. The two buildings that are proposed to have an increased height are located in the middle of 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 5 of 18 the property over 50 feet from Westcliff Drive and over 130 feet from the Sherington Place property line. The parking structure is proposed to be setback five feet from the property line with landscaping and decorative features to soften the view from Sherington Place and provide separation from the nearby residential uses. 4. The proposed project includes two- and three -story buildings. The buildings surrounding the site have varied heights, from one -story to the north and east, three - story buildings to the south, and a two -story and a six -story building to the west. 5. Appropriate vehicular and pedestrian access is provided with the three surrounding public streets. The proposed site layout provides efficient vehicular circulation throughout the site. Adequate pedestrian access is provided from the three adjacent streets to the site and full pedestrian circulation would be provided between the buildings. Adequate access drives exist on two of the surrounding streets to service the site and the driveways are positioned to provide safe ingress /egress at the site. The Public Works Department has reviewed and approved the parking configuration. 6. The proposed landscaping is designed to meet water efficiency standards and to beautify and enhance the overall ensemble of buildings, parking, and open space areas. The proposed project also includes bioswales. 7. The project includes several plazas, courtyards, and pedestrian landscaped areas. 8. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with Section 20.30.100 (Public View Protections). Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The new construction would comply with all Building, Public Works, and Fire Codes. The project would comply with all City ordinances and conditions of approval. 2. The project has been conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents. 3. The proposed lighting would be designed to meet City safety standards with a combination of parking lot lighting and decorative light poles in the landscaped plazas. The lighting will be maintained to shield the adjacent residential properties and not 08 -09 -2013 Planning Commission Resolution No. 1949 Page 6 of 18 produce glare onto adjacent roadways and will be subject to inspection before occupancy. 4. The proposed project includes 382 parking spaces and complies with the parking requirements pursuant to Chapter 20.40, which will allow for a mix of commercial uses. Height Pursuant to Section 20.30.060 (Height Limits and Exceptions), the Planning Commission must make the following findings in order to allow additional height in conjunction with the Site Development Review: Finding: D. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: L Additional landscaped open space; ii. Increased setback and open areas; iii. Enhancement and protection of public views. Facts in Support of Finding: 1. The landscaping plan incorporates additional ornamental groundcover, vines, shrubs, and trees to help soften and buffer the massing of the parking structure and commercial buildings and enhance the streetscape along the three public rights -of- way. 2. The proposed project includes a 3- foot -7 -inch landscape strip adjacent to the parking spaces all along Westcliff Drive, where no landscaping previously existed. The project would provide a large landscaped plaza on the north side of Building 2. The proposed project also includes landscaped courtyards and pedestrian areas between Building 2 and Building 4 and between the parking structure and Buildings 2 and 4. 3. The proposed buildings are setback from the property lines and are separated by parking, drive aisles, landscaping, and open space. Buildings 1 and 3 are proposed along the western side of the property along Irvine Avenue. Buildings 2 and 4 are proposed in the center of the site with adjacent courtyards and plazas. 4. The subject property is not located at or near a public view point or corridor as identified in the General Plan Figure NR3 (Coastal Views). However, the additional project amenities improve the view of the site from adjacent properties and public streets. Findin : E. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes. 08 -09 -2013 Planning Commission Resolution No. 1949 Paqe 7 of 18 Facts in Support of Finding: 1. The proposed project includes buildings that have enhanced architectural design with cantilevered balconies, arcades, varied roof (parapet) heights, and a richness of materials (plaster, stone, and metal). The parking structure design uses the same colors and materials as the buildings with additional architectural features that complement the site, including green screens to soften the overall impact of the parking structure. The varied building heights provide additional visual interest for the site. Finding: F. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Facts in Support of Finding: 1. The increased height would not result in undesirable or abrupt scale changes between the proposed structure and existing adjacent development due to the large distance between the proposed building and the buildings in the vicinity. The site is surrounded on three sides by public streets. Building 4 is set back off of Westcliff Drive near the three -story Building 2 which has a parapet height of 33 feet 6 inches with a mechanical screening wall at a height of 44 feet. The change of scale between Building 4 and the building on the adjacent property to the east is eased by the 60 -foot distance between the two structures. The buildings to the east on Westcliff Drive are one -, two -, and three -story buildings. In addition, within a half mile radius of the subject properties, a number of buildings exceed 32 feet in height. Finding: G. The structure will have no more floor area than could have been achieved without the approval of the height increase. Facts in Support of Finding: 1. The maximum floor area is determined by a ratio of floor area to land area (FAR). The 147,446- square -foot site can be developed with a maximum 0.50 FAR, which allows for 73,722 square feet of gross floor area. The proposed project with the request for increased height includes a total floor area for all buildings of 73, 671 square feet, which is below the maximum 0.50 FAR and no deviation from the code - requirements is requested. 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 8 of 18 Traffic Study In accordance with Section 15.40.030 (Traffic Phasing Ordinance) of the Municipal Code, the following findings and facts in support of such findings are set forth: Finding: H. That a traffic study for the project has been prepared in compliance with this chapter and Appendix A [Chapter 15.40]. Facts in Support of Finding: 1. A traffic study, titled "Westcliff Drive Medical Offices Traffic Impact Analysis" dated June 9, 2014, was prepared by Kunzman Associates, Inc. under the supervision of the City Traffic Engineer for the Project in compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance). Finding: 1. 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. B.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 an unsatisfactory level of traffic service at any impacted intersection. Facts in Support of Finding: 1. Construction of the project is anticipated to be completed in 2015. If the project is not completed within sixty (60) months of this approval, preparation of a new traffic study will be required. 2. The traffic study indicates that the project will increase traffic on 6 of the 16 study intersections by one percent or more during peak hour periods one year after the completion of the project and, therefore, these 6 intersections require further Intersection Capacity Utilization (ICU) analysis. 3. Utilizing the ICU analysis specified by the TPO, the traffic study determined that the 6 primary intersections identified will continue to operate at satisfactory levels of service as defined by the Traffic Phasing Ordinance, and no mitigation is required. 4. Based on the weight of the evidence in the administrative record, including the traffic study, the implementation of the proposed project will neither cause nor make worse 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 9 of 18 an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. Finding: J. 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: 1. No improvements or mitigation are necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. Lot Merger In accordance with Sections 19.68.030 and 19.08.030 of the Municipal Code, the following findings and facts in support of such findings are set forth: Finding: K. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title. Facts in Support of Finding: 1. The lot merger to combine two existing legal lots by removing the interior lot line between the lots will not result in the creation of additional parcels. 2. The project is in an area with an average slope of less than 20 percent. 3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions). The proposed merger will protect land owners and surrounding residents, and will preserve the public health, safety, and general welfare of the City. 4. The future development on the proposed parcel will be subject to the Zoning Code development standards and the Site Development Review being processed concurrently. Finding: L. The lots to be merged are under common fee ownership at the time of the merger. 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 10 of 18 Facts in Support of Finding: 1. The two lots to be merged are under common fee ownership. Finding: M. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan. Facts in Support of Finding: 1. The subject properties are designated as General Commercial (CG) within the Land Use Element of the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The mix of land uses will generally remain the same and the merger will not affect the uses on the subject site. 2. The merged lot would retain the Commercial General (CG) zoning designation, consistent with the properties along Westcliff Drive. The CG Zoning District is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Medical offices, banks, retail sales, and service uses are allowed uses within the CG Zoning District, and eating and drinking establishments are allowed subject to approval of a use permit. The proposed project and anticipated uses are consistent with the requirements of the General Plan and Zoning Code. Future land uses will be allowed pursuant to the CG Zoning District requirements. 3. Section 20.20.030 of the Zoning Code establishes minimum lot area of 10,000 square feet and a minimum width of 50 feet for newly created lots within the CG Zoning District. Each of the two existing lots provide the minimum lot area and lot width requirements, and the proposed merger of the lots would create one 147,446- square -foot parcel that would be consistent with the minimum lot standards of the Zoning Code. 4. The subject property is not located within the Coastal Zone or a Specific Plan area. Finding: N. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger. Facts in Support of Finding: 1. The lots as merged will not be deprived of legal access as the merged lot will abut three public streets ( Westcliff Drive, Irvine Avenue, and Sherington Place). 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 11 of 18 2. No adjoining parcels will be deprived of legal access as a result of the merger. Vehicular access to and from the adjacent property would remain via the public streets (Westcliff Drive and Sherington Place). Finding: O. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: a. Whether development of the merged lots could significantly deviate from the pattern of development of adjacent and /or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. b. Whether the merged lots would be consistent with the character or general orientation of adjacent and /or adjoining lots. c. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. The Westcliff Plaza site across Westcliff Drive from the subject properties is over 10 acres. The other CG designated lots located along the south side of Westcliff Drive range from 23,039 square feet to 71,999 square feet in area. Several of the lots along Westcliff Drive are developed with attached, multi- tenant buildings that appear to be located on the same lot as a single development. The lots as merged would result in a 147,446- square -foot (3.38 acres) parcel that is comparable to the nearby pattern of development and would not result in unreasonable detriment to the use and enjoyment of other properties. 2. The merged lot would be consistent with the nearby lots to the east that are situated between Westcliff Drive and Sherington Place. These adjacent parcels are developed with multiple- tenant commercial buildings and shared surface parking in the front and rear of the buildings along Westcliff Drive and Sherington Place. 3. Section 20.20.030 of the Zoning Code establishes minimum lot area of 10,000 square feet and a minimum width of 50 feet for newly created lots within the CG Zoning District. The proposed merger of the lots would create one 147,446 square -foot parcel that would be consistent with the minimum lot width and area standards of the Zoning Code. Finding: P. The proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads and property access, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of this title, the Zoning Code, the General Plan, and any applicable Coastal Plan or Specific Plan. 08 -09 -2013 Planning Commission Resolution No. 1949 Page 12 of 18 Facts in Support of Finding: 1. The two properties involved in the merger are currently improved. 2. The merged lot would be surrounded on three sides by public streets and would comply with the applicable regulations of Title 19 (Subdivisions). 3. The proposed merger lot would be a 147,446- square -foot parcel consistent with the minimum lot area and width standards of the Zoning Code. 4. Future improvements on the site will be required to comply with the development standards of the Municipal Code and General Plan. 5. The proposed lot merger combines the properties into a single parcel of land and does not result in the elimination of more than one lot. 6. Approval of the proposed lot merger would remove the existing interior lot line, and allow the property to be used as a single site. The proposed lot would comply with all design standards and improvements required for new subdivisions by Title 19 and the General Plan. 7. The subject properties are not subject to a Coastal Plan or Specific Plan. 08 -09 -2013 Planning Commission Resolution No. 1949 Paqe 13 of 18 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Site Development Review No. SD2013 -003, Traffic Study No. TS2014 -001, and Lot Merger No. LM2013 -005, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Site Development Review and Traffic Study 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. The Lot Merger 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 Subdivisions, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF JUNE, 2014. AYES: AMERI, BROWN, HILLGREN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ul M1 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 14 of 18 EXHIBIT "A" CONDITIONS OF APPROVAL 1. 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. The development shall also be in substantial conformance with the visual simulations and materials board. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. This Site Development Review may be modified or revoked by the 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. 5. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 6. Prior to the issuance of a building permit, the Construction Management Plan ( "CMP ") shall be reviewed and approved by the Community Development Director. The project shall be implemented (constructed) in accordance with the CMP. 7. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. The construction plans must comply with the California Green Building Standards Code. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. 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. 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 08 -09 -2013 Planning Commission Resolution No. 1949 Page 15 of 18 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 Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The study shall show that lighting values are "1" foot - candle or less at all property lines. The plan shall show the site provides sufficient lighting that is appropriate for security and lighting for night -time activities. 13. Approved vehicle access for fire fighting shall be provided to all construction areas throughout construction. Vehicles access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 14. The applicant shall comply with all applicable requirements established by the Southern California Air Quality Management District ( SCAQMD), including SCAQMD Rule 403 requirements as follows: Land Clearing /Earth - Moving a. Exposed pits (i.e., gravel, soil, dirt) with five percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. c. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 16 of 18 e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than five minutes. i. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads j. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. k. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. I. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. Unpaved Staging Areas or Roads m. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. 15. 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. 16. 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 Division. 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). 08 -09 -2013 Planning Commission Resolution No. 1949 Page 17 of 18 17. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 18. Street trees proposed to be removed shall be replaced at a minimum one to one basis with an approved tree species, unless otherwise approved by the Urban Forester. Irrigation shall be provided for all new street trees. 19. Pursuant to Municipal Code Chapter 13, one (1) 36 -inch box Hymenosporum flavum (Sweetshade) street tree shall be planted along the Sherington Place frontage, unless otherwise approved by the Urban Forester. 20. All improvements shall be constructed as required by Ordinance and Public Works Department standards. 21. The existing broken and /or otherwise damaged concrete sidewalk panels, curb and gutter, and driveway approaches along the Westcliff Drive, Irvine Avenue, and Sherington Place frontages shall be reconstructed, unless otherwise approved by the Public Works Department. 22. All existing curb ramps along the project frontage shall be upgraded to current Americans with Disabilities Act (ADA) standards. 23. An encroachment permit is required for all work activities within the public right -of -way. 24. All improvements shall comply with the City's sight distance requirement pursuant to City Standard 110 -L and Municipal Code Section 20.30.130. 25. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way shall be required at the discretion of the Public Works Inspector. 26. All on -site drainage shall comply with the latest City Water Quality requirements 27. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 28. All new and existing water services (i.e., domestic, landscaping, or fire) shall have its own water meter and shall be protected by a City approved backflow assembly. 29. All new and existing sewer laterals shall have a sewer cleanout installed pursuant to City Standard STD - 406 -L. 30. All parking stalls and drive aisle widths shall be pursuant to City Standards 805 -L -A and 805 -L -B. 08 -09 -2013 Planning Commission Resolution No. 1949 Paae 18 of 18 31. A new sidewalk and driveway shall be constructed along the 135 foot easterly property frontage on Westcliff Drive, consistent with the City Standard STD - 180 -L, unless otherwise approved by the Public Works Department. 32. Prior to issuance of a building permit, the final vehicular circulation through the site shall be reviewed and approved by the City Traffic Engineer. 33. Prior to the issuance of a building permit, Fair Share Traffic Fees shall be paid in accordance with Municipal Code Chapter 15.38. 34. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 35. 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, 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 Westcliff Medical Project including, but not limited to, the Site Development Review No. SD2013 -003, Traffic Study No. TS2014 -001, and Lot Merger No. LM2013 -005. 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, attorneys' 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. 36. All new exterior stucco surfaces shall be finished smooth. 37. A combination of a hedge and taller plantings shall be located on the south side of the parking structure intended to screen and soften the view from Sherington Place and the residential uses to the south. The landscaping plan shall be reviewed and approved by the Community Development Director prior to building permit issuance to ensure that the plantings provide significant screening upon installation. 08 -09 -2013