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HomeMy WebLinkAboutIS037_ROSANS DEVELOPMENT *NEW FILE* 130037 zw37 ANOTICE OF DETERMINATION TO: R1 , Secretary for Resources FROM: ' 1416 Ninth Street CITY OF NEWPORT BEACH Sacramento, CA 95814 PLANNING DEPARTI4ENT P.O. BOX 1768 County Clerk NEWPORT BEACH, CA 92658-8915 © Public Services Division P.O. Box 838 Santa Ana, CA 92702 SUBJECT: Filing of Notice of Determination-in compliance with Section 21108 or 21152 of the Public Resources Code. PROJECT TITLE: Rosan Industries Site Redevelopment PROJECT LOCATION: 2901 W. Coast Highway PROJECT DESCRIPTION: Construction of 49;460 sq. ft. multiple use development, including restaurant, retail commercial, office commercial and boatyard facility. CONTACT PERSON: Patricia Temple TELEPHONE NO. 714-640-2197 STATE CLEARINGHOUSE NUMBER This is to advise that the City of Newport Beach has made the following determinations regarding the above described project: 1 . The project has been ❑X approved by the City of Newport Beach. ❑ disapproved 2. The project ❑ will have a significant effect on the environment. ED will not 3. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration is attached. DATE RECEIVED FOR FILING: Environmental Cnnrdinator Date Notice of Deter pion 4. Mitigation measures X were, were not made a condition of approval of this project. 5. A Statement of Overriding Considerations was, X was not adopted for this project. 6. The ihitial study and record of the project approval may be examined at the Planning Department of. the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA (714) 640-2197. IEGATIVE DECLARATION A attachment TO: [Z Secretary for Resources FROM: �Planning Department 1416 Tenth Street City of Newport Beach Sacramento, CA 95814 3300 Newport Boulevard Newport Beach, CA 92663 Clerk of the Board of Supervisors P. 0. Box 687 NAME OF PROJECT:Rosa*n' industries Site Redevelopment PROJgC7 LOCATION: 2901 West Coast Highway and Southwesterly corner of Riverside Avenue and PROJECT DESCRIPTIBN*' 'tree , Newport construction of a 52,337 sq.ft. restaurant, office, retail commercial building with an on-site boatyard. utilization of an dff-site location for parking purposes. ' i FINDING: Pursuant to the provisions of City Cguncil Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project ' and determined that the proposed project will not have a significant effect on the environment. . - MITIGATION MEASURES: SEE ATTACHED . INITIAL STUDY PREPARED BY: The City of Newport Beach.- . INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA DATE RECEIVED FOR FILING: Patricia Temple �O Environmental Coordinator. Date: � .?.r`..w.. 'Z:. .''.,'.i•••..a..'Y's�7?i.:L.^'."�_' w'^i a a.i MITIGATION MEASURES 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That valet parking service be provided at all times during the restau- rant's hours of operation. I 3. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management Dis- trict. 5. That a washout area for the restaurant trash containers be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains. 6. That grease interceptors shall be installed on all fixtures in the restau- rant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 7. That all restaurant employees shall park their vehicles in the off-site parking area. 8. That all proposed signs shall be in conformance with the provision of Chapter 20.06 0£ the Newport Beach Municipal Code and shall be approved by i the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 9. That a minimum of one parking space/ 40 sq.ft. of "net public area" shall be provided for the restaurant use. 10. That any proposed landscaping adjacent to the public right-of-way be approved by the Public Works Department. 11. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 12. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self-park spaces shall be clearly designated. 13. That a maximum credit of four parking spaces shall be given for the proposed four guest dock facilities. Should the guest docks be used for ++ any use other than guest docks for the restaurant, the owner shall be 1 required to provide four parking spaces in a location meeting the approval of the Planning Commission, or reduce the net public area of the restau- rant accordingly after 5:00 p.m. 14. That live entertainment in the restaurant shall be limited to .a duo or trio, and shall be permitted only within the building with windows closed during performances. C� C! 15. That the Planning Commission may add/or modify conditions of approval to this use permit for the restaurant use, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental , to the health, safety, peace, morals, comfort, or general welfare of the community. j - I 16. That a minimum of one parking space/ 250 sq.ft. of net floor area for office use and one parking space per 250 sq.ft, gross floor area for retail use shall be provided in conjunction with the proposed development. i 17. That project shall be so designed to eliminate light and glare spillage on adjacent uses. All parking lot lighting shall be subject to the approval of the Planning Department. 18. The following disclosure statement of the City of Newport Beach's policy regarding the John Wayne Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement The Lessee herein, his heirs, successors and assigns acknowledge that: a) The John Wayne Airport may not be able to provide adequate air service for business establishments which rely on such services; b) When an alternate air facility is available, a complete phase out of jet service may occur at the John Wayne Airport; c) The City of Newport Beach will continue to oppose additional commercial air service expansions at the John Wayne Airport; d) Lessee, his heirs, successors and assigns will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air i service at the John Wayne Airport. 19. That the final design of on-site vehicular and pedestrian circulation be reviewed and approved by the Public Works Department and the Planning Department prior to the issuance of the grading permit. 20. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer. 21. The layout of the surface and structure parking shall be subject to further review and approval of the City Traffic Engineer. 22. That the applicant record a Covenant, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to a limitation of 0.80 times the buildable area on the two parcels which make up the subject property in considera- tion for the granting of the use permit to exceed the basic height limit. This Covenant shall continue in effect until such time as the Newport : Beach Planning Commission, or the City Council on review, authorizes additional development beyond this limitation by approval of a Use Permit. 23. That a minimum clear setback of 45 feet be provided on the easterly property line. 24. The public access easements shall have a minimum clear width of ten feet. In addition, any structural encroachments over said easements shall be cantilevered and absent any vertical means of support. The height and design of any such cantilever shall be subject to the review and approval of the Planning Director to ensure maximum light and feeling of openness. Additionally, the structural area on the ground floor where it interfaces with the public easement shall be designed and landscaped in such a way as to enhance, beautify and otherwise encourage the public use and enjoyments of the easement. ' 25. That boat deliverly to the site be permitted only if an adequate median for Coast Highway can be designed to the satisfaction of the Public Works Department. 26. The gross structural area of the building at 2901 West Coast Highway shall not exceed 0.95 times the buildable area of the site. 27. That 40% of all use area both within and outside of the building on the site, excluding the area devoted to the restaurant use, shall be incentive uses as provided in the Newport Beach Local Coastal Program. 28. That the applicant shall record a Covenant, the form and content of which is acceptable to the Planning Director and City Attorney, binding the applicant and its successor in interest in perpetuity, limiting the use of the area described in Condition No. 27 above to uses satisfying the incentive use provisions of the certified Newport Beach Local Coastal Program. 29. That the hours of operation of the restaurant shall be subject to the review and approval of the Planning Director. 30. That all improvements be constructed as required by ordinance and the Public Works Department. 31. That a standard use permit agreement and accompanying surety be provided to guarantee satisfactory completion of the public improvements if it is desired to obtain a building permit prior to completion of the public improvements. 32. That each building be served with individual water services and sewer laterals to the public water and sewer systems unless otherwise approved by the Public Works Department. 33. That access to the site and the on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review and approval by the Traffic Engineer. 34. That a condition survey of the existing bulkhead along the bay side of the property be made by a civil or structural engineer, and that the bulkhead be revised and/or upgraded as necessary, in conformance with the recom- mendation of the condition survey and to the satisfaction of the Building Department and Marine Department to allow the construction on a under- ground parking structure adjacent to the bulkhead. The top of the bulk- head is to be a minimum of elevation 9.00 above M.L.L.W. (6.27 MSL) . i 35. That the applicant shall agree that the proposed development will not increase the need for on-street parking along West Coast Highway and that the applicant agrees not to contest the removal of parking for the re- striping or widening of West Coast Highway on the ground of loss of on-street parking. 36. That the landscaping plan be designed to provide sight distance for both vehicles on the street and bicycles on the sidewalk. The plans shall be approved by the City Traffic Engineer. 37. That the unused drive depressions on West Coast Highway be removed and replaced with curb, gutter and sidewalk; that the existing non-standard 12 foot wide sidewalk and curb and gutter along the West Coast Highway frontage be constructed along with relocating the existing catch basin and approximately 60 feet of curb that is set back approximately 6 feet behind curb line; that the drive aprons along West Coast Highway be constructed per City Std. 166-L; that the existing telephone lines along the West Coast Highway frontages of the site be undergrounded; and that all work be ; completed under an encroachment permit issued by the California Department of Transportation. 38. That a 10-foot-wide easement be granted to the City along the bay frontage so as to provide unobstructed public access across the entire project. Said easement shall be improved with a concrete sidewalk or other mate- rials meeting the approval of the Public Works and Planning Departments. 39. That a 10-foot-wide storm drain easement be dedicated to the City along the westerly property lines; and that a storm drain line having a maximum diameter of 36 inches be installed within the easement, with the cost of the storm drain to be borne by the City except for the proportioned cost attributable to site drainage, which shall be borne by the developer. The storm drain may be installed on hangers inside the proposed parking structure. The design of the structure shall include provision for attaching the necessary supports, and the project architect shall work with the Public Works Department to ensure a satisfactory design. The storm drain easement or right-of-way document shall convey sufficient rights to enable the City to construct, maintain, and operate the drain; including access across the property to the easement. The document may include language holding the developer harmless from any liability due to the operation of the City storm drain. That a ten foot wide public access easement be provided along the westerly side of the project from the bay' to approximately 110 feet towards West Coast Highway in order to tie into the access easement on the adjacent property. 40. That a 12-foot-radius corner cutoff at the corner of Riverside Avenue and, Avon Street be dedicated to the City prior to issuance of any building permits. 41. That 7-foot-wide sidewalk be constructed along the Avon Street frontage;, that 12-foot-wide sidewalk be constructed along the Riverside Avenue ' frontage; that the curb return be reconstructed with a 25-foot-radius and a curb access ramp at the corner of Riverside Avenue and Avon Street; that an access ramp be constructed at the alley; and that the deteriorated portions of curb, gutter and drive depressions along Avon Street be reconstructed. 42. Prior to the issuance of building permits, the applicant shall provide an estimate of the potential for subsidence during subterranean phases of construction, and shall identify potential impacts of any subsidence on surrounding structures and other improvements to the satisfaction of the Planning and Building Departments of the City of Newport Beach. r� 0 43. If found necessary by the City of Newport Beach, based upon geotechnical information described above, the project applicant will be required to monitor the extent of subsidence during excavation and throughout de watering of the site through placement of appropriate testing devicesi under the supervision and surveillance of a qualified soils engineer. 44. If found necessary by the City of Newport Beach, based upon geotechnical ! information described above, the project applicant will be required to enter into an agreement and post a bond guaranteeing the repair of the public street system, utilities or other public property that might be damaged during the dewatering excavation process as well as other con struction phases. 45. If found necessary by the City of Newport Beach, based upon geotechnical ' information described above, the applicant will be required to enter into an agreement and provide a policy of insurance guaranteeing the repair of all damage to private property caused by the dewatering excavation process as well as other construction phases. 46. Prior to the issuance of building permits, a National Pollutant Discharge Elimination System (NPDES) permit shall be obtained from the Santa Ana Regional Water Quality Control Board. 47. Treatment of extracted water shall be conducted in a manner and at a location approved by the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 48. Suspended solids (sand) shall be separated from extracted water in accor- dance with applicable water quality standards and disposed of at a loca- tion approved by the City of Newport Beach. 49. Provision shall be made, as necessary, for the treatment of hydrogen sulfide (H28) to comply with water quality standards and to control odors from the dewatering processes. 50. Drainage facilities and architectural features shall be designed to+ prevent runoff from entering the garage structure, to keep the garages floor slab dry from seepage and to remove oil and grease from wastewater, prior to disposal to public drains. 51. Facilities for boat hauling and repair shall be designed in a manner to minimize the introduction of pollutants into Newport Bay to the satis- faction of the City of Newport Beach and the Santa Ana Regional Water Quality Control Board. 52. A system of barriers and overhead protection will be required during construction to prevent debris from falling into Newport Bay or onto adjacent property and streets, and to protect pedestrian and bicycle circulation routes. 53. No street closures will be allowed during construction. 54. Excavations will be shored by sheet piling placed by a method approved by! the Planning and Building Departments of the City of Newport Beach. 55. A system of well points will be utilized to dewater the site for con- struction purposes. Additional well points will be placed in the center of the excavation to prevent a "quick" conditions from developing during construction. (� 0 56. The relocation of public utilities will be coordinated and approved by local utility companies and public agencies, as appropriate. 57. Hours of construction involving truck operations will be limited to 9:00 a.m. to 3:00 p.m. weekdays, 8:00 a.m. to 6:00 p.m. Saturday, and 10:00 a.m. to 6:00 p.m. Sundays. 58. All construction equipment and materials shall be stored on-site in a screened, fenced area. 59. The perimeter of the project site shall be fenced to insure public safety. 1 60. A temporary eight foot wide pedestrian/bicycle walkway shall be provided at all times along West Coast Highway during the construction process. 61. Signing and lighting shall be provided for the benefit of pedestrian and bicycle circulation with the approval of the City of Newport Beach Plan- ning Department. 62. Truck traffic generated by site excavation, dewatering and concrete pouring operations shall be routed in a manner approved by the City of Newport Beach Planning, and Public Works Department. 63. Construction workers and other personnel shall be directed to utilize parking located on Site B (Riverside Avenue and Avon Street) during project construction. 64. A waiver of City noise abatement regulations will be required in order to allow site dewatering and pouring of the basement slab. 65. If determined necessary by the City of Newport Beach Building Department, noise producing equipment will be enclosed by barriers or baffled to reduce noise impacts. 66. Development of the site shall be subject to a grading permit to be ap- proved by the Building and Planning Departments. 67. A grading plan will include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other weather pollutants. 68. The grading permit will include a description of haul routes, access points to the site, and watering and sweeping programs designed to mini- mize impacts of haul operations. 69. An erosion, siltation, and dust control plan shall be submitted and be subject to approval by the Building Department and a copy will be for- warded to the California Regional Water Quality Control Board, Santa Ana Region. 70. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils engineer and an engineer- ing geologist subsequent to completion of a comprehensive soils and geologic investigation of the site. Permanent reproducible copies of the . "Approved as Built" grading plans on standard-size sheets shall be fur- nished to the Building Department. !I 71. The Fire Department shall review design plans to ensure adequate access t and emergency exits. 0 72. The provision of adequate fire flow shall be reviewed by the Fire Depart- ment. 73. Structures shall be equipped with fire suppression systems as required byl Code. 74. That the valet drop-off driveway be a minimum of 45 foot radius, with the proposed planter/fountain a maximum 12 foot radius. 75. Final design of the project shall provide for the incorporation of water- , saving devices for lavatories and other water-using facilities. 76. Prior to the issuance of any building permits, a program for the sorting of recyclable material form other solid wastes shall be developed and approve by the Planning Department. 77. The final layout and composition of surface and subterranean parking shall be subject to the review and approval of the City Traffic Engineer and the Planning Department. 78. Handicap and compact parking spaces shall be designated by a method approved by the City Traffic Engineer and the Planning Department. The quantity and design of such spaces shall comply with City Codes. 79. Parking arrangements during the construction period shall be approved by the City Planning Department and the Traffic Engineer prior to the issu- ance of any grading and/or building permits. 80. All onsite drainage shall be approved by the City Public Works Department. 81. The project shall contribute to Fair-Share for circulation system improve- ments and noise walls, to be established by Ordinance adopted by the City Council. 82. A weekly cleanup program around the docks and public sidewalks shall be conducted on a regular basis. .During construction, basins or other devices shall be installed to prevent waste from entering Newport Bay. 83. Prior to the issuance of building permits, a comprehensive soils and foundation study will be prepared and approved by the Planning and Build- ing Departments of the City of Newport Beach. 84. All buildings will conform to the Uniform Building Code and the City's seismic design standards. 85. The project is located within the Coastal Zone and will require State Coastal Commission approval, in addition to all necessary City approvals. 86. An Army Corps of Engineers permit (in addition to a Harbor Permit) shall be obtained prior to any alteration of bulkheads. 87. Any mechanical equipment and emergency power generators shall be screened from view, and noise associated with said structures shall be sound- attenuated so as not to exceed 55 dBA at the property lines. The , latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. C� 0 88. Prior to the occupancy of the building, the applicant shall provide written verification from Orange County Sanitation District No. 5 that adequate sewer capacity is available to serve the project. 89. That a tentative parcel map be filed. 90. No part of the building or cave shall encroach over public .tidelands area. 91. The project shall contribute to Fair Share for Circulation System improvements and noise walls, to be established by ordinance adopted by the City Council