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HomeMy WebLinkAbout20191017_Resolution_PC2019-031From:Nova, Makana To:"Hori, Susan" Cc:Ramirez, Gregg; Rodriguez, Clarivel; Lee, Amanda Subject:PC Resolution-215 Riverside Avenue (PA2019-023) Date:Tuesday, December 03, 2019 11:44:37 AM Attachments:PC Reso 2019-031.pdf image001.png image003.png Hi Susan, For your records, here is a copy of the signed Planning Commission resolution for 215 Riverside Avenue (PA2019-023). As you know, this application is currently on appeal, tentatively scheduled for City Council review in January. Gregg Ramirez will be handling this appeal and is copied on this correspondence. Thank you and have a good holiday season. MAKANA NOVA, AICP Senior Planner mnova@newportbeachca.gov 949-644-3249 CITY OF NEWPORT BEACH 100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov RESOLUTION NO. PC2019-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-003 AND CONDITIONAL USE PERMIT NO. UP2019-003 TO DEMOLISH AN EXISTING RESTAURANT AND OFFICE BUILDING AND CONSTRUCT A NEW OFFICE BUILDING AND PARKING STRUCTURE LOCATED AT 215 RIVERSIDE AVENUE (PA2019-023) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Laidlaw Schultz Architects representing property owner, 215 Riverside, LLC ("Applicant"}, with respect to property located at 215 Riverside Avenue, requesting approval of a coastal development permit and conditional use permit. 2. The lot at 215 Riverside Avenue is legally described as a portion of Lot D of Tract 919, including a portion of the abandoned street adjacent ("Property"). 3. The Applicant requests the following approvals from the City of Newport Beach ("City"): • Coastal Development Permit ("CDP") -to allow demolition of an existing restaurant/office building and associated surface parking lot and construction of a new forty-one (41) space, two (2) level parking structure and a two thousand, seven hundred and forty four (2,744)-square-foot office building ("Project"). • Conditional Use Permit -to authorize the construction of the parking structure adjacent to the residentially zoned property. 4. The Property is designated CG (General Commercial) by the General Plan Land Use Element and is located within the CG (Commercial General) Zoning District. 5. The Property is located within the coastal zone. The Coastal Land Use Plan category is CG-B (Commercial General) and it is located within the CG (Commercial General) Coastal Zone District. 6. A public hearing was held on August 22, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 and 21.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission continued the item to a date certain, September 19, 2019, at the conclusion of this public hearing. Planning Commission Resolution No. PC2019-031 Page 2 of 16 7. At the September 19, 2019, Planning Commission meeting, the Planning Commission further continued the item at the request of staff so that they could complete their analysis of the project. 8. At the October 3, 2019, Planning Commission meeting, the Planning Commission further continued the item in order to re-notice the item. 9. A public hearing was held on October 17, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15332 under Class 32 (In-Fill Development Projects) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), because it has no potential to have a significant effect on the environment. This exemption applies to in-fill development projects in urban areas that are consistent with the General Plan and applicable development standards. In addition, the Project must occur on a site of no more than five (5) acres, have no value as habitat for endangered, rare or threatened species, be adequately served by all utilities and public services, and must not result in any significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance. 2. An analysis and exemption determination was prepared for this Project. The Project is 0.37 acres in size, is located within an urban area, and can be adequately served by all required utilities and public services. The Project is consistent with the General Plan designations and policies and can be found consistent with all applicable zoning regulations upon approval of the requested applications. An acoustical analysis, preliminary Water Quality Management Plan, traffic analysis, water/waste-water generation memorandum, and biological resources assessment have been prepared. The initial biological resources survey of the Property indicates that the adjacent Avon Street right-of-way, west of the project site, is characterized by a wetland area 29 feet from the proposed development site and within the 100-foot wetland buffer standard. However, the analysis concludes that the proposed 29-foot wetland buffer is sufficient for protection of the wetland and that the project will not result in impact habitat for endangered, rare, or threatened species. The project is expected to have a less than significant impacts related to traffic, noise, air quality, and water quality. Therefore, the proposed project meets all of the conditions described above for in-fill development and qualifies for a Class 32 exemption. 3. The Project is not dependent on the approval of a restaurant or other use to operate and the excess parking could be used for other uses such as parking for charter boats. At this time, there is no application on file making a request for future use of this parking structure for off-site parking. A potential use of the proposed parking supply at the subject Planning Commission Resolution No. PC2019-031 Page 3 of 16 property to serve another use would be considered as part of a conditional use permit application for off-site parking. SECTION 3. REQUIRED FINDINGS. I. COAST AL DEVELOPMENT PERMIT A coastal development permit is required to authorize the demolition and redevelopment on the Property. In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project complies with applicable development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. The maximum floor area limitation is equal to a floor area ratio ("FAR") of 0.5 or 8,145 square feet and the proposed floor area is 0.17 FAR or 2,744 square feet. b. The Project provides the minimum required setbacks, which are zero (0) feet along the front property line abutting Riverside Avenue and Avon Street, zero (0) feet on the right side yard, and five (5) feet on the left side yard and rear yard abutting the residential properties. c. The highest parapet is less than 32 feet from established grade (30.5 feet North American Vertical Datum of 1988 [NAVO 88]), which complies with the maximum height requirements. d. The Project includes a parking structure for a total of 41 vehicles, complying with the minimum 12 parking spaces required for the 2,744-square-foot office development on-site. 2. The front fa9ade of the parking structure has been designed to be architecturally compatible with and appear as an extension to The Garden shopping center located to the south across Avon Street. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. The bulk of the proposed building is similar to or less than that of the existing development on site. 3. The Project is an inland parcel that is not located on the waterfront. Planning Commission Resolution No. PC2019-031 Page 4 of 16 4. An initial biological resources analysis of the Property indicates that the adjacent Avon Street right-of-way, west of the Property, is characterized by wetland areas located within 100 feet of the Property. The report evaluates the proposed wetland buffer and concludes that a 100-foot buffer is not necessary and that the proposed 39-foot wetland buffer is sufficient for protection of the wetland and that the Project will not impact habitat for endangered, rare, or threatened species. 5. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code ("CBC") and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 6. The Property is not located within 200 feet of coastal waters. The project design addresses water quality with a construction erosion control plan and a post-construction drainage system. The Project is required to adhere to the City's grading, erosion control, and drainage requirements that includes percolation features and retention of dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City's storm drain system. 7. Due to the area of proposed impervious surfaces on the Project site, a Water Quality Management Plan ("WQMP") / Water Quality and Hydrology Plan ("WQHP") is required. A WQMP/WQHP prepared by Total Engineering, Inc., dated June 17, 2019, has been reviewed and approved by the City's Engineer Geologist. The WQMP/WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for Best Management Practices ("BMPs"), use of a Low Impact Development ("LID") approach and bio filtration planters to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. 8. Proposed landscaping complies with Section 21.30.075 (Landscaping) of the NBMC. A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Project is not located between the nearest public road and the sea or shoreline; however, the Project is located on a property within 100 feet of a wetland area located Planning Commission Resolution No. PC2019-031 Page 5 of 16 within the Avon Street right-of-way. The Project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. Vertical access to the bay front is available approximately 625 feet south of the Property at 2751 West Coast Highway where there is a pedestrian easement with access to the waterfront. 3. Lateral access and views of the bay are also accessible from 2751 West Coast Highway and 2801 West Coast Highway via a six (6)-foot-wide pedestrian easement. 4. The closest public viewpoint is immediately adjacent and above the Property to the northwest at Cliff Drive Park. The Project is located entirely on private property and will not inhibit coastal views since the Project will be constructed partially into the slope and comply with the 32-foot height limit. View simulations are provided as part of the project plans. Due to the distance and height differential of the Project from these public viewpoints, the development and change of use of the existing building will not impact coastal views. The bulk and scale of the proposed development is similar to that of the existing restaurant and office building with surface parking. The Project is generally not visible from Cliff Drive Park due to the sloping condition of the park, existing vegetation in surrounding areas, and the lower grade of the proposed parking structure and building pad. 5. The closest coastal view road is West Coast Highway, which is located to the south, as designated in the City of Newport Beach Local Coastal Program Coastal Land Use Plan. Views from this vantage point are directed toward the harbor and away from the Property, which is inland and north of West Coast Highway. The bulk and scale of the Project is similar to that of the existing restaurant and office building with surface parking. The proposed office building and accompanying parking structure will complement the architectural style of the adjacent shopping center to the south, improving the character of the community and maintaining a consistent design theme. II. CONDITIONAL USE PERMIT Pursuant to Sections 20.40.070(8)(3) (Development Standards for Parking Areas, Location of Parking Facilities) of the NBMC, a conditional use permit is required to allow for the construction of a parking structure adjacent to a residential zoning district and to establish a parking management plan. In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: C. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: Planning Commission Resolution No. PC2019-031 Page 6 of 16 1. The commercial building and related uses are consistent with CG (General Commercial) General Plan land use designation. The parking structure is considered an accessory use that supports the commercial uses. Parking structures are commonly associated with restaurant development and are compatible with the other commercial uses located in Mariners' Mile. 2. The Property is not located within a specific plan area. Finding: D. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Fact in Support of Finding: 1. The commercial office building and related uses are consistent with the CG (Commercial General) zoning district. The parking structure is considered an accessory use that supports commercial uses. Parking structures located adjacent to residential districts require review and approval of a conditional use permit to minimize impacts to the residential uses. Finding: E. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The parking structure will be visually screened by vegetation surrounding the rear and sides of the parking structure to help block the view from Cliff Drive Park and adjacent residential properties. A portion of the second level structure will be covered by a trellis carport cover adjacent to Avon Street. The trellis adds architectural interest to the architectural fac;ade of the building and helps to screen portions of the second level parking deck that may be visible to residences above. 2. The parking structure is proposed at the base of the hillside adjacent to a residential district. The neighboring residential properties are located along the top of the hillside approximately sixty-three (63) feet above the project's first floor pad elevation. The parking structure will be built into an existing retaining wall in the hillside and the second level deck of the parking structure is eight (8) feet above the first floor pad elevation directly adjacent to the residential district. The residential dwellings will remain approximately fifty-five (55) feet higher in elevation than the surface of the second level parking deck and approximately forty eight (48) feet higher in elevation than the top of the parking structure trellis. The closest residential dwelling is located approximately twenty-four (24) feet from the existing retaining wall supporting the parking structure. Planning Commission Resolution No. PC2019-031 Page 7 of 16 These vertical and horizontal separations between the proposed commercial building and the homes provide adequate distance so that the mass and bulk of the parking structure should not negatively impact residents. Finding: F. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Project results in a parking requirement of eleven (11) spaces, which are provided on-site within the forty one (41 )-space parking structure. 2. The Traffic Engineer and Fire Department have reviewed the parking lot design and have determined that the parking lot design will function safely and will not prevent emergency vehicle access to the establishment. Finding: G. Operation of the use at the location proposed would not be 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 use. Facts in Support of Finding: 1. Parking structures have the potential to generate noise, such as car alarms, car horns, car audio systems, people talking, vehicle pass-bys, and engine idling, which have the potential to disturb the adjacent residences. These individual noise sources last for short durations and their occurrences are infrequent; however, they can annoy neighbors. The Project has an eighteen (18)-space surface level parking lot at approximately the same elevation as the upper level of the proposed parking structure. The proposed parking structure will accommodate more parking spaces at this level (twenty two (22) spaces) but the impacts from vehicle movements will be similar to that of existing conditions according to the noise analysis as discussed below. 2. A noise analysis was prepared by Urban Crossroads to analyze the potential noise impacts associated with vehicle movements at the uncovered parking structure to the adjacent residents using sound modeling. The analysis concludes that the noise generated from vehicles within the first and second level of the structure will satisfy Section 10.26.025 (Exterior Noise Standards) of the NBMC daytime and nighttime base exterior noise level standards at the nearby noise-sensitive residential homes and adjacent commercial uses. No additional exterior noise abatement measures are required. Planning Commission Resolution No . PC2019 -031 Page 8 of 16 3. The Project has been conditioned to require a nighttime light inspection to confirm there are no light and glare impacts . SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15332 under Class 32 (Infill Development Projects) of the CEQA Guidelines, Californ ia Code of Regulations , Title 14, Division 6 , Chapter 3, because the Project consists of an in - fill development project in an urban area consistent with the General Plan and applicable development standards. In addition , the Project site is less than five (5) acres, has no value as habitat for endangered, rare or threatened species, is adequately served by all utilities and public services , and does not result in any significant effects relating to traffic , air quality , water quality , or any other significant effect on the environment due to an unusual circumstance . 2. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No . CD2019-003 and Conditional Use Permit No . UP2019-003 , subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference . 3. This action shall become final and effective fourteen (14) days following the date this resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Newport Beach Municipal Code Chapters 20.64 and 21 .64 . Final action taken by the City may be appealed to the California Coastal Commission in compliance with Section 21.64.035 of the NBMC and Title 14 California Code of Regulations, Division 5.5 , Chapter 5 of the California Code of Regulations and Sections 13111 through 13120, and Section 30603 of the Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF OCTOBER, 2019. AYES : NOES: ABSTAIN : ABSENT: Ellmore , Klaustermeier , Kleiman , Koetting, Lowrey and Rosene Weigand PLANNING DIVISION Planning Commission Resolution No. PC2019-031 Page 9 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The Project 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). 2. The use of the building shall be limited to general office only in order to comply with accessibility provisions as required by the Building Code. A change of use on the second floor from a general office would require an elevator, a compliant stairway to the second floor level and an accessible parking on the second level parking deck. 3. 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 survey shall show that lighting values are "1" or less at all property lines. 4. Exterior lighting standards shall be no more than twenty (20) feet in height. 5. Wall pack lighting shall be prohibited. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. 6. Prior to final of building permits, a nighttime lighting inspection shall be conducted to confirm lighting will not cause a nuisance to adjacent residential properties. 7. 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 Director of Community Development, 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. 8. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 9. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 10. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle Planning Commission Resolution No. PC2019-031 Page 10 of 16 maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 11. Debris from demolition shall be removed from work areas each day and removed from the Project within twenty four (24) hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 12. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 13. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 14. Revisions to the approved plans may require an amendment to this Coastal Development Permit and Conditional Use Permit or the processing of a new coastal development permit, conditional use permit, and/or modification permit. 15. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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 Coastal Development Permit, Conditional Use Permit, and/or Modification Permit. 17. This Coastal Development Permit and Conditional Use Permit may be modified or revoked by the Planning Commission if determined 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. 18. Prior to the issuance of a building permit, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Building Division. 19. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit "A," shall be incorporated into the Building Division and field sets of plans. 20. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Project file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be Planning Commission Resolution No. PC2019-031 Page 11 of 16 reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit, Conditional Use Permit, and Modification Permit. 21. Prior to the issuance of a building permit, the Applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought-tolerant plantings, non- invasive plant species and water-efficient irrigation design. The plans shall be approved by the Planning Division. 22. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 23. 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. 24. 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 the current Property owner or agent. 25. This Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 and Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 26. 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 Garden Office and Parking Structure including, but not limited to, Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 (PA2019-023). 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. FIRE DEPARTMENT Planning Commission Resolution No. PC2019-031 Page 12 of 16 27. Fire access roads will be required as per California Fire Code (CFC) Section 503. 1. 1 and Newport Beach Fire Department Guideline C.01 and C.02. 28. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities and buildings are hereafter constructed or moved into or within the jurisdiction. CFC Section 507. 1 29. Fire flow shall be determined as per City of Newport Beach Guideline B. 01. CFC Section 507.3. 30. Fire hydrants shall be provided and located within 400 feet of all portions of the building. CFC Section 507.5.1. 31. Public Safety Radio Coverage will be required as per CFC Section 510.1 and City of Newport Beach Guideline D. 05. 32. Standby power shall be provided for emergency responder radio coverage systems as required in CFC Section 510.4.2.3. The standby power supply shall be capable of operating the emergency responder radio coverage system for a duration of not less than twenty four (24) hours. CFC Section 604.2.3. BUILDING DIVISION 33. Accessible parking stalls shall comply with Section 11 B-502 of the California Building Code (CBC). 34. Accessible path of travel shall comply with Section 118-402 of the CBC; steps/stairs not permitted as part of the accessible path. 35. The trellis element shall comply with 602 and 705 of the CBC for the exterior construction opening requirement. 36. Prior to the issuance of a building permit, the applicant shall submit a final drainage and grading plan. The plan shall be subject to the review and approval by the Building Division. 37. 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. 38. The Applicant shall employ the following best available control measures ("BACMs") to reduce construction-related air quality impacts: Dust Control Planning Commission Resolution No. PC2019-031 Page 13 of 16 • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two (2) feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions • Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six (6)-inch surface layer, subject to review/discretion of the geotechnical engineer. 39. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan ("SWPPP") and Notice of Intent ("NOi") to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Applicant will provide the City with a copy of the NOi and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 40. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a WQMP for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate BMPs to ensure that no violations of water quality standards or waste discharge requirements occur. 41. A list of "good housekeeping" practices will be incorporated into the long-term post- construction operation of the Project to minimize the likelihood that pollutants will be Planning Commission Resolution No. PC2019-031 Page 14 of 16 used, stored or spilled on the Project that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable, Treatment Control) BMPs. PUBLIC WORKS DEPARTMENT 42. All improvements shall be constructed as required by Ordinance and the Public Works Department. 43. All improvements shall comply with the City's sight distance requirement per City Standard STD-110-L, including project driveway approaches and the A van Street and Riverside Drive intersection. 44. An encroachment permit is required for all work activities within the public right-of-way or park area. 45. Prior to the issuance of building permits, the parking layout shall comply with City Standard STD-805-L-A and STD-805-L-B. Dead end drive aisles shall be accompanied by a dedicated turnaround space and a minimum five (5)-foot drive aisle extension. The ramp slopes shall be limited to fifteen (15) percent maximum. The slope change shall be limited to eleven percent maximum and minimum five (5)-foot intervals. 46. Prior to final of building permits, the public parking layout along Avon Street shall comply with City Standards with nine (9)-foot-wide parking spaces at each end. The parking meter posts shall be relocated to accommodate the new parking layout. Final design shall be subject to review and approval by the City Traffic Engineer. 4 7. Prior to final of building permits, the existing sewer lateral shall be abandoned at the property line. A new sewer lateral and sewer clean out shall be installed per City Standard STD-406-L. 48. Prior to final of building permits, the applicant shall be required to upgrade/reconstruct all non-compliant water services per City Standard. 49. Structural encroachment, including but not limited to, caissons, retaining walls, and tie- backs are prohibited within the public-right-of-way. 50. Prior to final of building permits, applicant shall be required to landscape all portions of disturbed or damaged landscaping within the park or parkway areas per the direction of the Public Works Department. Planning Commission Resolution No. PC2019-031 Page 15 of 16 51 . Prior to the issuance of building permits, proposed encroachments, including handrails within the existing street easement along Avon Street shall be removed and relocated to an area outside of the easement. 52. If valet parking is proposed, a valet operation plan shall be prepared and submitted for review and approval by the Community Development Director and City Traffic Engineer. Parking in drive aisles shall be prohibited as part of the valet operation unless the entire parking lot is valet parked. 53. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector prior to final of building permits. 54. County Sanitation District fees shall be paid prior to the issuance of any building permits. 55. Prior to the commencement of demolition and grading of the proiect. the Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 56. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. PLANNING COMMISSION CONDITIONS 57. Prior to the issuance of building permits, the project plans shall be modified along the southerly faqade to provide a minimum 4-foot-deep landscape area between the pedestrian entrance to the lower level parking area and the enclosed office area to the greatest extent feasible. 58. Prior to the issuance of building permits, the project plans shall be revised to eliminate the unused space area in front of the three parking stalls adjacent to the office building on each level of the parking structure. The parking stalls shall be moved forward to increase the drive aisle width at these locations. 59. The property owner shall take all reasonable steps to prohibit loitering in the parking structure, which may include signage or the provision of parking lot attendants or security personnel if required by the Community Development Director. Planning Commission Resolution No. PC2019-031 Page 16 of 16 60. Prior to the issuance of building permits, the project plans shall be modified to extend the proposed trellis at the upper deck of the parking structure across the entire row of parking spaces along the southerly frontage facing A van Street. 61. Exterior lighting shall be limited to the minimum necessary for site security affer 11 :00 p.m. on the upper deck of the parking structure. 62. Vehicles shall not be allowed to enter the upper level of the parking structure 11:00 p.m. through 6:00 a.m., daily. 63. The conditional use permit shall be subject to a six-month review by the Planning Commission following the issuance of a certificate of occupancy of building permits for the office and parking structure.