HomeMy WebLinkAbout2.0_LDS Rectory PA2008-215CITY OF NEWPORT BEACH
Planning Commission STAFF REPORT
November 19, 2009 Meeting
Agenda Item No. 2
SUBJECT: LDS Rectory
2300 Bonita Canyon Drive - PA2008 -215
• Mitigated Negative Declaration No. ND2009 -001
• Amendment No. 1 to Use Permit No. UP 2001 -036
• Site Plan Review No. SR2009 -001
APPLICANT: Church of Jesus Christ of Latter -day Saints
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
The application consists of an amendment (Amendment No. 1) to Use Permit No. 2001-
036 and Site Plan Review No. SR2009 -001 to allow the construction of a rectory with
1,825 square feet of living space and a 491 - square -foot, attached two-car garage at the
southeast corner of the subject property. The proposed rectory is an accessory use to
an existing place of religious assembly. The project includes the establishment of a 40-
foot fuel modification zone adjacent to the structure.
1) Conduct a public hearing; and
2) Adopt Resolution No. adopting Mitigated Negative Declaration No. ND2009-
001 and approving Amendment No. 1 to Use Permit No. UP2001 -036 and Site Plan
Review No. SR2009 -001 (Attachment No. PC 1).
GENERAL PLAN
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LDS Rectory
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Project Site
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
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PC -50 (Bonita Canyon,
ON-SITE
Private Institutions
Sub -area #7, Public/Semi
Religious assembly
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
PC -50 (Bonita Canyon,
ON-SITE
Private Institutions
Sub -area #7, Public/Semi
Religious assembly
Public
PC -50 (Bonita Canyon,
NORTH
Open Space
Sub -area #6, Open
Open space
Space
PC -50 (Bonita Canyon,
SOUTH
Private Institutions
Sub -area #7, Public/Semi
Religious assembly
Public
PC -50 (Bonita Canyon,
EAST
Open Space
Sub -area #6, Open
Open space
Space))
PC -50 (Bonita Canyon,
WEST
Private Institutions
Sub -area #7, Public/Semi
Religious assembly
Public
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Proiect Settin
The subject property is located in the PC -50 (Bonita Canyon Planned Community)
Zoning District. The area of the lot is 386,817 square feet (approximately 8.88 acres).
The property is adjacent to Bonita Canyon Drive and has a 30 -foot front yard setback,
and 10 -foot side and rear yard setbacks.
The existing LDS Temple is a 17,575- square -foot building located in the center of the
subject property. The Church of Jesus Christ of Latter -day Saints maintains a separate
Stake Center, or "meeting house," directly west of the LDS Temple property. The LDS
Temple and Stake Center share parking and utilize the same main access road from the
existing signalized intersection of Bonita Canyon Drive and Prairie Road.
The subject property is bounded to the north and east by the Bonita Canyon Creek
Watershed open space area. The project site is characterized by a moderate sloping of
the site down away from the abutting roadways from approximately 182 feet in elevation
to approximately 178 feet above mean sea level. The property was mass graded to its
present condition in 1995 with the development of the Stake Center and again in 2001
with the construction of the existing temple.
The LDS Temple /Stake Center complex abuts the Bonita Canyon Creek Watershed
Environmental Study Area (ESA) to the north and east. The ESA extends
approximately 40 feet into the eastern portion of the subject property. A 6- foot -high steel
fence marks the boundary between the ESA and the landscaped areas of the subject
property. Refer to Figure 4 of the Mitigated Negative Declaration (MND) (Attachment
No. PC 2) for a diagram of the ESA boundary in relation to the project site.
A Natural Communities Conservation Plan (NCCP) boundary also abuts the subject
property to the north and east. However, NCCP boundary does not extend into the
subject property. Refer to Figure 5 of the MND (Attachment No. PC 2) for a diagram of
the NCCP boundary in relation to the subject property.
Protect Description
The applicant's request is to construct a rectory with 1,825 square feet of living space
and a 491- square -foot, attached two -car garage. A rectory is a residence that is
traditionally owned and maintained by a religious institution, houses religious officials,
and often serves as an administrative office of a religious establishment. The proposed
rectory is a one -story building with a maximum height of 18 feet located at the southeast
corner of the subject property. Clusters of landscaping will be provided to screen the
garage and integrate the rectory with existing development. Refer to Attachment No. PC
5 for a site plan of the project site.
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The project site is located adjacent to an open space that the Fire Department identifies
as a "wildland space ". The Fire Code requires a fuel modification zone for new
development adjacent to wildland spaces. The applicant proposes a fuel modification
zone to extend 40 feet to the eastern property line adjacent to the rectory. The extent of
the fuel modification zone has been reduced from the standard four -zone, 100 -foot
buffer required by the Fire Department to a more irrigated, two -zone, 40 -foot buffer from
the proposed structure to the eastern property line.
Pursuant to the PC -50 (Bonita Canyon Planned Community) Zoning District, an
accessory use to a use requiring a use permit also requires a use permit. The existing
LDS Temple was authorized by Use Permit No. 2001 -036, so the proposed rectory
requires an amendment to that use permit.
A site plan review is required by the PC -50 (Bonita Canyon Planned Community)
Zoning District to ensure that the project conforms to the objectives of the General Plan
as well as the requirements and development standards contained in the Bonita Canyon
Planned Community Development Plan Regulations.
Backaround
The LDS Temple was approved by the Planning Commission on October 3, 2002 with
Site Plan Review No. 2001 -005, Use Permit No. 2001 -036, and Environmental Impact
Report No. 2002 -001 (PA2001 -208).
DISCUSSION
Analysis
General Plan
The Land Use Element of the General Plan designates the site as Private Institutions
(PI). This land use designation is intended to provide for privately owned facilities that
serve the public, including places for religious assembly, private schools, healthcare,
cultural institutions, museums, yacht clubs, congregate homes, and comparable
facilities. The current development is consistent with this designation and the proposed
development is an accessory use to the existing place for religious assembly.
The General Plan contains objectives, policies, and distributions of land use for
development in the City. The following General Plan policies are pertinent to the
proposed project:
1) Land Use (LU3.1.2): Siting of New Development
"Allow for the development of new public and institutional facilities within the City
provided that the use and development facilities are compatible with adjoining
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land uses, environmentally suitable, and can be supported by transportation and
utility infrastructure"
The proposed rectory is located along Bonita Canyon Drive, where several
institutional, recreational, and open space uses currently exist. The proposed project
continues the land use pattern of the area because the proposed rectory is an
accessory use to an existing place of religious assembly among other institutional
uses. The nearest residential communities are located across the open space
preserve to the northwest. The rectory has been designed with a Mission Revival
architectural style similar to that of the existing LDS Temple.
The implementation of mitigation measures as identified in the MND (Attachment
No. PC 3) will minimize the impact of the rectory on the adjacent open space area to
a level that is less than significant so that the project will be environmentally suitable
for the proposed site location.
The rectory will not generate significant amounts of traffic or waste since the project
is similar to one, single -unit residence and will not require any addition to the existing
storm water, water supply, sewage, or trash utility infrastructure in the City.
2) Natural Resources (NR 10.3): Analysis of Environmental Study Areas
"Require a site - specific survey and analysis prepared by a qualified biologist as a
filing requirement for any development permit applications where development
would occur within or contiguous to areas identified as ESAs. (Imp 2.1, 6.1)"
A portion of the fuel modification zone is located within the Bonita Canyon Creek
Watershed Environmental Study Area (ESA). An ESA is an undeveloped area that
may be capable of supporting species and habitats that are sensitive and rare within
the region or may function as a migration corridor for wildlife. In compliance with the
General Plan policy identified above, a biological reconnaissance survey was
conducted by Chambers Group, Inc. on May 12, 2009, and is included as Appendix
E of the MND (Attachment No. PC 2).
3) Natural Resources (NR 10.4): New Development Siting and Design
"Require that the siting and design of new development, including landscaping
and public access, protect sensitive or rare resources against any significant
disruption of habitat values. (Imp. 2.1)"
The Central /Coastal Subregional Natural Communities Conservation Plan (NCCP)
designates the Bonita Canyon Creek and Reservoir adjacent to the subject property
as a Habitat Linkage area. This area provides wildlife movement between Upper
Newport Bay and the San Joaquin Hills along lower Bonita Creek.
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The proposed location of the rectory is within
to the existing parking lot for the LDS Tei
existing LDS Temple reduces the need for
Temple.
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an existing landscaping buffer adjacent
iple. This detached location from the
construction and redesign to the LDS
The site location at the southeast corner of the subject property also minimizes the
potential impact to cultural and paleontological resources since the development is
located away from resources at the rear of the property that were discovered during
studies conducted prior to the construction of the LDS Temple.
The biological reconnaissance survey conducted by Chambers Group and included
in Appendix E of the MND (Attachment No. PC 2) indicates that the areas of the
project site within the fuel modification zone could potentially support nesting birds
and sensitive wildlife. The report further states that vegetation removal is only an
issue during the avian breeding season, recognized from February 15 through
September 15, at which time a qualified biologist would need to conduct a nesting
bird survey prior to any vegetation removal. Mitigation Measure Nos. BR.1 -5
(Attachment No. PC 3) ensure the protection of birds nesting on the project site
during the avian breeding season.
With the implementation of mitigation measures that require the planting of native,
fire resistant plant species, the project is sited and designed to protect the sensitive
and rare resources against significant disruption to a level that is less than
significant. The planting of native species within the fuel modification area will help to
limit the project's encroachment into habitat areas for sensitive species, which also
serves as a NCCP wildlife corridor. In addition, public access to these areas is
restricted by a 6- foot -high steel boundary fence on the property located along the
boundary to the adjacent environmental study area.
4) Fire Hazards: Protection from Wildlife and Urban Fire Risk (S 6.3): New Development
Design
"Site and design new development to avoid the need to extend fuel modification
zones into sensitive habitats (Imp 2.1, 6.1)."
While the fuel modification zone extends into the ESA, the project site, including the
proposed rectory and fuel modification zone, does not extend beyond the private
property line and into the NCCP wildlife corridor. The required fuel modification area
overlaps the environmental study area by approximately 40 feet. A plan of the proposed
fuel modification zone is included in Figure 3 of the MND (Attachment No. PC 2). The
impacts of the fuel modification zone on the adjacent wildlife corridor have been
mitigated through the planting of native, fire resistant, hillside stabilizing species.
In order to ensure compliance with the General Plan policies identified above, the
mitigation procedures specified in the MND (Attachment No. PC 3) will be followed to
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ensure that impacts related to land use General Plan policies remain less than
significant and that sensitive and rare resources will be protected from significant
disruption.
Planned Community Text
The intent of the Sub -Area 7 public /semipublic designation of the PC -50 (Bonita Canyon
Planned Community) Zoning District is to "reflect an existing church on the property."
Other institutional and accessory uses are also permitted within this designation, subject
to use permit approval. The proposed rectory is an accessory use to the existing place
of religious assembly and is consistent with the uses permitted within Sub -Area 7 of the
PC -50 (Bonita Canyon Planned Community) Zoning District. The applicant has applied
for the required discretionary applications including a use permit and site plan review to
allow for an accessory use to the LDS Temple, which is a place of religious assembly
approved under Use Permit No. UP2001 -036.
The Planned Community Development Regulations have development standards
pertaining to the Sub -Area 7 public/semi- public land use area including a minimum lot
size of 0.25 acres, maximum lot coverage of 50 percent, maximum height limit of 50
feet, landscaping requirement of 15 percent coverage, minimum front yard setback of
30 feet, and minimum side and rear yard setbacks of 10 feet. The proposed rectory
complies with all of these development standards.
Site Plan Review
The site plan review process is intended to promote the health, safety and general
welfare of the community by ensuring that the project conforms to the objectives of the
General Plan as well as the requirements and development standards of the Planned
Community Development Plan Regulations.
The proposed project complies with the objectives of the General Plan as well as the
development standards of the Planned Community Development Plan Regulations as
discussed in the previous analysis.
Use Permit Findings
The following information is presented in support of the required use permit findings per
Section 20.91.035.A of the Zoning Code:
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
• The intent of the Sub -Area 7 public/semipublic designation of the PC-50 (Bonita
Canyon Planned Community) Zoning District is to 'reflect an existing church on
the property." Other institutional and accessory uses are also permitted within
this designation, subject to use permit approval. The proposed rectory is an
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accessory use to the existing place of religious assembly and is consistent
with the uses permitted within Sub -Area 7 of the PC -50 (Bonita Canyon
Planned Community) Zoning District.
• The project site is separated from other uses by the LDS Temple and Stake
Center complex, Bonita Canyon Creek Watershed open space area, and
Bonita Canyon Drive.
• The rectory has been conditioned and mitigation measures and best
management practices for construction have been provided to regulate the
impact on neighboring land uses.
• The rectory is screened from view with landscaping and an existing sound
wall along State Route 73. Therefore, the building is not a visual impact from
Bonita Canyon Drive or State Route 73.
• Adequate parking is provided in the existing LDS Temple and within the
rectory. Two additional enclosed parking spaces are provided for the
increased parking demand of the rectory which is similar to a single -unit
dwelling.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not
be detrimental to the properties or improvements in the vicinity or to the general
welfare of the city.
The proposed rectory will be located adjacent to an existing place of religious
assembly designated to include such development. The PI (Private
Institutions) designation of the General Plan allows for privately owned
facilities that serve the public, including places for religious assembly, private
schools, health care, cultural institutions, museums, yacht clubs, congregate
homes, and comparable facilities. The existing LDS Temple is a place for
religious assembly and the proposed rectory is an accessory use, which is
consistent with this land use designation.
The project has been conditioned to comply with the development and
operational regulations pursuant to the PC -50 (Bonita Canyon Planned
Community) District regulations as they relate to the operation and construction
of the project.
• The project has been reviewed and conditioned to ensure that potential conflicts
with the surrounding land uses are minimized to the greatest extent possible.
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The proposed addition of the 2,316- gross- square -foot rectory to the existing
17,757 sq. ft. LDS Temple structure results in a floor area to land area ratio
(FAR) of 0.05 for the subject property, which is below the maximum General
Plan development limitation of 0.3 FAR permitted for the site (116,045 sq. ft.).
• A condition of approval has been included requiring a building permit to be
obtained for the construction of the proposed rectory, which will insure the
building meets all applicable Code requirements pertaining to safety and
accessibility.
• The use of the rectory will not create any unusual activity or noise that may
impact the adjacent neighbors. Best management practices for construction
and mitigation measures as provided in Appendix A and B of the MND
(Attachment No. PC 3) for construction will help to minimize impacts to
sensitive land uses such as residential districts, day care centers, park and
recreation facilities, places of religious assembly, and schools.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
• The proposed rectory has been conditioned to require a lighting plan which
limits decorative exterior lighting next to the Bonita Canyon Creek Watershed
open space area in order to minimize the impact to the adjacent habitat areas.
• If the Use Permit is approved, the conditions imposed on the use will reduce
any possible detriment to the community by ensuring continued consistency
with the intent and purpose of the PC -50 (Bonita Canyon Planned
Community) District.
4. If the use is proposed within a Residential District (Chapter 20.10) or in an area
where residential uses are provided for in Planned Community Districts or
Specific Plan Districts, the use is consistent with the purposes specked in
Chapter 20.91A of the and conforms to all requirements of that Chapter.
• The proposed rectory is not located in a residential Sub -Area of the PC -50
(Bonita Canyon Planned Community) Zoning District.
Environmental Review
Prior to taking action on the requested use permit and site plan review, the Planning
Commission must first review, consider, and adopt the Mitigated Negative Declaration
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(MND) (Attachment No. PC 2). The MND is comprised of the Notice of Intent (NOI), Initial
Study (IS), Environmental Analysis, and Appendices.
Based upon the analysis of the Initial Study, the environmental factors identified to have
either no impact or less than significant impact were: Agricultural Resources, Air Quality,
Mineral Resources, Noise, Population & Housing, Public Services, Recreation,
Transportation/Circulation, and Utilities & Service Systems.
Based upon the analysis of the Initial Study, the environmental factors identified as
potentially significant impacts were: Aesthetics, Biological Resources, Cultural Resources,
Geology & Soils, Hazards and Hazardous Materials, Hydrology & Water Quality, and Land
Use Planning. Speck mitigation measures have been included to reduce the potentially
significant adverse effects to a less than significant level.
On the basis of the Initial Study, City staff has concluded that the project would not have
a significant impact on the environment and has therefore recommended preparation of
a Mitigated Negative Declaration (MND). The MND reflects the independent judgment of
City staff and recognizes project design features, previous environmental evaluations,
and standard construction and engineering practices, requiring review and reevaluation
of future projects as contributing to avoidance of potential impacts. The project site does
not include any sites on an Environmental Protection Agency hazardous waste site list
pursuant to Government Code Section 65962.5.
The MND was completed and circulated for a mandatory 30-day public - review period that
began on October 19, 2009 and concluded on November 17, 2009. At the time this report
was distributed on November 13, 2009, no comments had been received on the adequacy
of the MND. If any comments are received prior to the conclusion of the comment period,
staff will present them at the November 19, 2009, Planning Commission meeting.
Summary
Staff recommends the adoption of Mitigated Negative Declaration No. ND2009 -001 and
the approval of Use Permit No. 2001 -036A and Site Plan Review No. SR2009 -001 to
allow the proposed rectory subject to the findings and conditions attached.
Alternatives
The Planning Commission may approve as requested, approve a modified project, or
deny the application if the required findings cannot be made.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
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Prepared by:
Maka a N va, Assistant Planner
ATTACHMENTS
PC 1 Draft resolution
LDS Rectory
November 19, 2009
Page 11
Submitted by:
Few—, -•• fi I •
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PC 2 Initial Study and Mitigated Negative Declaration
PC 3 Mitigation Monitoring Report Program
PC 4 Site Photos
PC 5 Project plans
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Attachment No. PC 1
Revised 11/18/2009 Draft Resolution
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE
DECLARATION NO. ND2009 -001 AND APPROVING
AMENDMENT NO. 1 TO USE PERMIT NO. UP2001 -036 AND
SITE PLAN REVIEW NO. SR2009 -001 FOR DEVELOPMENT OF
A RECTORY LOCATED AT 2300 BONITA CANYON DRIVE (PA
2008 -215).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Church of Jesus Christ of Latter -day Saints, with respect
to property located at 2300 Bonita Canyon Drive, and legally described as PM271 -15
PAR 1, POR OR PARCEL requesting approval of an amendment to Use Permit No.
UP2001 -036 and Site Plan Review No. SR2009 -001.
2. The applicant proposes a rectory with 1,825 square feet of living space and a 491 -
square -foot, attached two -car garage at the southeast corner of the subject property.
The proposed rectory is an accessory use to an existing place of religious assembly.
The project includes the establishment of a 40 -foot fuel modification zone adjacent to
the structure.
3. The subject property is located within the PC -50 (Bonita Canyon Planned Community)
Zoning District and the General Plan Land Use Element category is Private Institutions
(PI).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 19, 2009 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in
compliance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment
period beginning on October 19, 2009 and ending on November 17, 2009. The
contents of the environmental document and comments on the document were
considered by the Planning Commission in its review of the proposed project.
Planning Commission Resolution No. PC2009 -XXX
Paqe 2 of 12
3. On the basis of the entire environmental review record, the proposed project,
with mitigation measures, will have a less than significant impact upon the
environment and there are no known substantial adverse affects on human
beings that would be caused. Additionally, there are no long -term environmental
goals that would be compromised by the project, nor cumulative impacts
anticipated in connection with the project. The mitigation measures identified
and incorporated in the Mitigation Monitoring and Reporting Program are
feasible and will reduce the potential environmental impacts to a less than
significant level.
4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program attached as Exhibit A and B are hereby adopted. The documents and
all material, which constitute the record upon which this decision was based,
are on file with the Planning Department, City Hall, 3300 Newport Boulevard,
Newport Beach, California.
5. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys'
fees in such challenges. As project applicants are the primary beneficiaries of
such approvals, it is appropriate that such applicants should bear the expense
of defending against any such judicial challenge, and bear the responsibility for
any costs, attorneys' fees, and damages which may be awarded to a successful
challenger.
SECTION 3. REQUIRED FINDINGS.,
In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
Facts in Support of Finding
A -1. The intent of the Sub -Area 7 public /semipublic designation of the PC -50 (Bonita
Canyon Planned Community) Zoning District is to reflect an existing church on the
property. Other institutional and accessory uses are also permitted within this
designation, subject to use permit approval. The proposed rectory is an accessory
use to the existing place of religious assembly and is consistent with the uses
permitted within Sub -Area 7 of the PC -50 (Bonita Canyon Planned Community)
Zoning District.
Planning Commission Resolution No. PC2009 -XXX
Paae 3 of 12
A -2. The project site is separated from other uses by the LDS Temple and Stake Center
complex, Bonita Canyon Creek Watershed open space area, and Bonita Canyon
Drive.
A -3. The rectory has been conditioned and mitigation measures and best management
practices for construction have been provided to regulate the impact on
neighboring land uses.
A -4. The rectory is screened from view with landscaping and an existing sound wall
along State Route 73. Therefore, the building is not a visual impact from Bonita
Canyon Drive or State Route 73.
A -5. Adequate parking is provided in the existing LDS Temple and within the rectory.
Two additional enclosed parking spaces are provided for the increased parking
demand of the rectory which is similar to a single -unit dwelling.
Finding:
B. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental
to the properties or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The proposed rectory will be located within an existing place of religious assembly
designated to include such development. The PI (Private Institutions) designation
of the General Plan allows for privately owned facilities that serve the public,
including places for religious assembly, private schools, health care, cultural
institutions, museums, yacht clubs, congregate homes, and comparable facilities.
The existing LDS Temple is a place for religious assembly and the proposed
rectory is an accessory use which is consistent with this land use designation.
B -2. The project has been conditioned to comply with the development and operational
regulations pursuant to the PC -50 (Bonita Canyon Planned Community) District
regulations as they relate to the operation and construction of the project.
B -3. The project has been reviewed and conditioned to ensure that potential conflicts with
the surrounding land uses are minimized to the greatest extent possible.
B -4. The proposed addition of the 2,316- gross- square -foot rectory to the existing 17,757
sq. ft. LDS Temple results in a floor area to land area ratio (FAR) of 0.05 for the
subject property, which is below the maximum General Plan development limitation
of 0.3 FAR permitted for the site (116,045 sq. ft.).
Planning Commission Resolution No. PC2009 -XXX
Page 4 of 12
B -5. A condition of approval has been included requiring a building permit to be
obtained for the construction of the proposed rectory, which will insure the building
meets all applicable Code requirements pertaining to safety and accessibility.
B -6. The use of the rectory will not create any unusual activity or noise that may impact
the adjacent neighbors. Best management practices for construction and mitigation
measures as provided in Appendix A and B of the MND (Attachment PC 3) for
construction will help to minimize impacts to sensitive land uses such as residential
districts, day care centers, park and recreation facilities, places of religious assembly,
and schools.
Finding:
C. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Finding:
C -1. The proposed rectory has been conditioned to require a lighting plan which limits
decorative exterior lighting next to the Bonita Canyon Creek Watershed open space
area in order to minimize the impact to the adjacent habitat areas.
C -2. If the Use Permit is approved, the conditions imposed on the use will reduce any
possible detriment to the community by ensuring continued consistency with the
intent and purpose of the PC -50 (Bonita Canyon Planned Community) District.
Finding:
D. If the use is proposed within a Residential District (Chapter 20.10) or in an area
where residential uses are provided for in Planned Community Districts or Specific
Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A
of the and conforms to all requirements of that Chapter.
Facts in Support of Finding:
D -1. The proposed rectory is not located in a residential Sub -Area of the PC -50 (Bonita
Canyon Planned Community) Zoning District.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby adopts Mitigated
Negative Declaration No. ND2009 -001 set forth in Exhibit A and Mitigation Monitoring
Report Program set forth in Exhibit B.
Planning Commission Resolution No. PC2009 -XXX
Page 5 of 12
2. The Planning Commission of the City of Newport Beach hereby approves Amendment
No. 1 to Use Permit No. UP2001 -036 and Site Plan Review No. SR2009 -001, subject to
the conditions set forth in Exhibit C.
3. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER, 2009.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Robert Hawkins, Chairman
BY:
Charles Unsworth, Secretary
Planning Commission Resolution No. PC2009 -XXX
Page 6 of 12
EXHIBIT "A"
MITIGATED NEGATIVE DECLARATION
(Available separate due to bulk)
Planning Commission Resolution No. PC2009 -XXX
Paae 7 of 12
EXHIBIT "B"
MITIGATION MONITORING PROGRAM
MITIGATION MONITORING AND REPORTING PLAN
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
Aesthetics
MM AEA Lighting shall be in compliance with applicable standards
Condition of
Plan check
Prior to the
Planning Department
of the Zoning Code. Exterior on-site lighting shall be shielded and
approval
issuance of
confined within site boundaries. No direct rays or glare are
permits
permitted to shine onto public streets or adjacent sites or create a
public nuisance. 'Walpak" type fixtures are not permitted. A
lighting plan shall be approved by the Planning Department prior
to the issuance of building permits.
MM AE.2 The site shall not be excessively illuminated based on
Condition of
Plan check
Prior to the
Planning Department
the luminance recommendations of the Illuminating Engineering
approval
issuance of
Society of North America, or, if in the opinion of the Planning
permits
Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources.
The Planning Director may order the dimming of light sources or
other remediation upon finding that the site is excessively
illuminated. Night lighting adjacent to the ESA shall be the lowest
illumination allowed for human safety, selectively placed,
shielded, and directly away from preserved habitat at the
maximum extent practicable. A lighting plan shall be approved by
the Planning Department prior to the issuance of building permits.
MM AE.3 Prior to the issuance of building permits, the applicant
Condition of
Plan check
Prior to the
Planning Department
shall prepare photometric study in conjunction with a final lighting
approval
issuance of
plan for approval by the Planning Department.
permits
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
MM AEA Prior to issuance of the certificate of occupancy or final
Condition of
Evening field
Prior to issuance
Code and Water
of building permits, the applicant shall schedule an evening
approval
inspection
of final building
Quality Enforcement
inspection by the Code and Water Quality Enforcement Division
permits and after
Division
to confirm control of light and glare.
construction
Biological Resources
Condition of
Qualified
During surveys of
Planning Department
'MM BRA If a federal- or state-listed endangered or threatened
approval
biological
the project site or
and Fire Department
plant or wildlife species is found during surveys of the project site
monitor
during
or project construction within the fuel modification zone,
construction
regardless of whether or not it is found during the blooming or
breeding season, the resource agencies shall be notified and a
consultation may be necessary regarding avoidance measures.
The applicant shall work with the Fire Department to develop a
strategy to protect the sensitive habitat areas from fuel
modification and ongoing maintenance of the fuel modification
MM BR.2 All brush clearing (except tree trimming and removal,
Condition of
Field
During
Planning Department
see below) and other construction activities within the fuel
approval
inspections and
construction
and Fire Department
modification zone shall occur outside the general avian breeding
supervision by
season. All brush clearing and construction shall take place
a qualified
between September 16 and February 14 (i.e., outside of the
biological
general avian breeding season of February 15 through
monitor
September 15).
o Vegetation removal shall take place only under the
supervision of a qualified biological monitor knowledgeable in
the identification of sensitive plant species. The monitor shall
flag sensitive and fire resistive plants so that the vegetation
removal crew can avoid impacts to these species.
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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o Tree trimming or removal shall only take place between
September 16 and December 31 (i.e., outside the raptor
breeding season of January 1 through September 15).
MM BR.3 In compliance with the Migratory Bird Act, if vegetation
Condition of
Qualified
Prior to issuance
Planning Department
removal within the project site (within the project footprint or fuel
approval
biological
of building
modification zone) must occur within the breeding season
monitor and
permits
(February 15 through September 15), the following surveys shall
construction
be conducted prior to the issuance of building permits. These
timeline
surveys shall take place prior to vegetation removal and
construction.
• Conduct protocol focused surveys for the coastal California
gnatcatcher in accordance with United States Fish and
Wildlife Service (USFWS) guidelines (1997). t
• Survey for nesting activity of raptors within a 500-foot radius
of the project site if vegetation removal must occur within the
avian breeding season (February 15 through September 15).
Surveys shall be conducted during appropriate nesting times
and concentrate on mature trees. If any active nests are
observed, the nest area shall be flagged and protected (while
occupied) during construction.
• Survey habitat in the project area and within a 300-foot
radius. If any active nests are observed, the nest area shall
be flagged and protected (while occupied) during
construction.
MM BRA Conduct a field survey of the property boundary prior to
Condition of
Field survey
Prior to issuance
Planning Department
issuance of building permits and stake the area proposed for fuel
approval
of building
modification. Should the mixed willow series and/or mule fat
permits.
series fall within the proposed fuel modification zone, coordination
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
with the City of Newport Beach Fire Department is recommended
to completely avoid these communities during vegetation
removal.
MM BR.5 Vegetation removal shall take place outside of the
Condition of
Qualified
Prior to issuance
Planning Department
avian breeding season in order to avoid disturbance to potentially
approval
biological
of building
nesting least Bell's vireo. If vegetation removal must take place
monitor and
permits.
during the avian breeding season, bird surveys shall be
construction
conducted per recommendations described above in IV.a
timeline
(Biological Resources). Bird surveys shall be conducted prior to
issuance of building permits.
MM BR.6 Conduct a field survey of the property boundary prior to
Condition of
Field survey
Prior to issuance
Planning Department
issuance of building permits and stake the area proposed for fuel
approval
of building
modification to verify whether this drainage feature lies within the
permits
proposed fuel modification zone.
MM BRY After the field study has been conducted and prior to
Condition of
Field survey
Prior to issuance
Fire Department
the issuance of building permits, coordinate with the City of
approval
of building
Newport Beach Fire Department to determine if this drainage
permits
feature can be completely avoided during fuel modification
activities. If the bed, bank, channel and riparian vegetation within
this drainage can be avoided entirely, Section 401, 404, and
1600 permits shall not be required.
MM BR.8 If the field survey determines the drainage features
Condition of
Field survey
Prior to issuance
Building Department,
exist within the proposed fuel modification zone and cannot be
approval
o building permits
Army Corps of
avoided, a formal jurisdictional delineation shall be required prior
Engineers, Regional
to issuance of building permits to determine the impacts to
Water Quality Control
SCACE/RWQCB1CDFG jurisdictional waters. Agency
Board, and
coordination shall be required based on the findings of the formal
Department of Fish
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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and Game
MM BR.9 Preparation of a Planting Plan that includes the
Condition of
Planting plan
Prior to issuance
Fire Department
following techniques instrumental for hillside stabilization:
approval
of building
permits
• Describes an above-ground cutting method, leaving
approximately 1" stumps.
• Provides a list of species for replacement planting that are
instrumental for soil stability. These species shall be selected
from the City of Newport Beach Urban Wildland Interface
Area Standard for Hazard Reduction Fire Resistive Plant List.
This list can be found in Appendix C of the Biological
Reconnaissance Study conducted by Chambers Group, Inc.
(Appendix C). These plants shall also be native in order to
satisfy the recommendations provided below concerning
wildlife movement corridors.
• Provides direction in application of a soil binder to areas
where plants are removed.
• Replacement planting shall be part of an approved planting
plan approved by the Fire Department prior to issuance of
final building permits.
• New plants added during regular maintenance shall be
reviewed and approved by the Fire Department and updated
on the approved planting plan.
MM BR.10 During preparation of a Planting Plan as described
Condition of
Planting plan
Prior to issuance
Fire Department
above, replacement planting recommendations for Zone B of the
approval
of building
fuel modification zone shall consist, to the greatest extent
permits
feasible, of native plants characteristic of the California sagebrush
scrub vegetation community already present within the ESA. In
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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addition, these plants shall be selected for good hillside
stabilization as described above. Replacement planting shall be
part of an approved planting plan approved by the Fire
Department prior to issuance of final building permits.
MM 13R.11 Replacement planting with native plants characteristic
Condition of
Planting Plan
Prior to issuance
Fire Department and
of the California sagebrush scrub community, as mentioned
approval
of building
Planning Department
above, will minimize effects to the existing corridor. If this is not
permits
feasible, then an in-depth wildlife corridor study for the fuel
modification buffer may be required. Replacement planting shall
be part of an approved planting plan approved by the Fire
Department prior to issuance of final building permits.
MM BR.12 Signage on the boundary fencing shall state that
Condition of
Site plan and
Prior to issuance
Planning Department
access to areas north and east of the project site is prohibited
approval
sign plan at
of building
except for required fuel modification maintenance. Plans for
plan check
permits
signage shall be approved by the Planning Department prior to
issuance of building permits.
Cultural Resources
MM CRA The archaeologist must be present at the pre-grading
Condition of
Attendance at
Prior to issuance
Building Department
conference in order to establish procedures for temporarily
approval
pre-grading
of permits and
halting or redirecting work to permit the sampling, identification,
conference and
during
and evaluation of artifacts if potentially significant artifacts are
supervision by
construction
uncovered. If artifacts are uncovered and determined to be
certified
significant during construction, the archaeological observer shall
archaeologist
determine appropriate actions in cooperation with the property
owner/developer for exploration and/or salvage.
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
MM CR.2 Specimens that are collected prior to or during the
Condition of
Supervision by
Prior to and
Building Department
grading process will be donated to an educational or research
approval
certified
during grading
institution.
archaeologist
MM CR.3 Any archaeological work at the site shall be conducted
Condition of
Supervision by
During
Building Department
under the direction of the certified archaeologist during
approval
certified
construction
construction. If any artifacts are discovered during grading
archaeologist
operations when the archaeological monitor is not present,
and field
grading shall be diverted around the area until the monitor can
inspections
survey the area.
MM CRA A final report detailing the findings and disposition of
Condition of
Final
After grading and
Building Department
the specimens shall be submitted to the Building Department
approval
archaeological
prior to issuance
prior to issuance of final building permits. Upon completion of
report
of final building
grading, the archaeologist shall notify the City as to when the final
permits
report will be submitted.
MM CR.5 The paleontologist must be present at the pre-grading
Condition of
Attendance at
Prior to issuance
Building Department
conference in order to establish procedures to temporarily halt or
approval
pre-grading
of building
redirect work to permit the sampling, identification, and evaluation
conference and
permits and
of fossils. If potentially significant materials are discovered during
supervision by
during
construction, the paleontologist shall determine appropriate
certified
construction
actions in cooperation with the property owner/developer for
paleontologist
exploration and/or salvage.
MM CR.6 Specimens that are collected prior to or during the
Condition of
Supervision by
Prior to and
Building Department
grading process will be donated to an appropriate educational or
approval
certified
during grading
research institution.
paleontologist
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
MM CR.7 Any paleontological work at the site shall be conducted
Condition of
Supervision by
During
Building Department
under the direction of the certified paleontologist during
approval
certified
construction
construction. If any fossils are discovered during grading
paleontologist
operations when the paleontological monitor is not present,
and field
grading shall be diverted around the area until the monitor can
inspections
survey the area.
MM CR.8 A final report detailing the findings and disposition of
Condition of
Final
After grading and
Building Department
the specimens shall be submitted to the Building Department
approval
paleontological
prior to issuance
prior to issuance of final building permits. Upon the completion of
report
of final building
grading, the paleontologist shall notify the City as to when the
permits
final report will be submitted.
MM CR.9 If human remains are encountered, the state
Condition of
Supervision by
During
Building Department
Health and Safety Code Section 7050.5 requires that no
approval
certified
construction
further disturbance shall occur until the county coroner has
paleontologist
made a determination of the origin and disposition pursuant
and field
to Public Resources Code 5097.98. The county coroner
inspections
must be notified immediately of the find. If the remains are
determined to be prehistoric, the coroner is required to notify
the Native American Heritage Commission (NAHC), which
will determine and notify a Most Likely Descendant (MLD).
With permission of the owner of the land or his/her authorized
representative, the descendent may inspect the site of the
discovery. The descendant shall complete the inspection
within 24 hours of notification of the NAHC. The MLD may
recommend scientific removal and nondestructive analysis of
human remains and items associated with Native American
burials.
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
Geology and Solis
MM GA Replacement planting shall be required for Zone B of the
Condition of
Planting plan at
Prior to issuance
Fire Department
fuel modification area. Plants instrumental for hillside stabilization
approval
plan check
of building
shall be selected from the City of Newport Beach Urban Wildland
permits and
Interface Area Standard for Hazard Reduction Fire Resistive
inspection prior to
Plant List and shall be installed after the removal of combustible
issuance of final
plants within Zone B of the fuel modification zone to provide
building permits.
proper soil. stabilization and prevent hillside erosion. Plantings
shall be approved by the Fire Department prior to issuance of
building permits.
Hazards and Hazardous Materials
MM HZA The property owner/developer shall submit a Fuel
Condition of
Fuel
Prior to issuance
Fire Department
Modification Plan prior to the issuance of building permits to the
approval
modification
of building
Fire Department showing that a fuel modification zone will be
plan at plan
permits
provided from the structure up to the adjacent property line.
check
MM HZ.2 The property owner/developer shall meet all
Condition of
Fuel
Prior to issuance
Fire Department
requirements in Guideline G.03- "Construction Requirements for
approval
modification
of building
Special Fire Protection Areas" to the satisfaction of the Fire
plan at plan
permits
Department prior to the issuance of building permits.
check
MM HZ.3 The structure shall be provided with fire sprinklers at
Condition of
Plan check
Prior to issuance
Fire Department
plan check to the satisfaction of the Fire Department.
approval
of building
permits and
inspection
BEST MANAGEMENT PRACTICES FOR CONSTRUCTION
LDS RECTORY USE PERMIT AMENDMENT
Biological Resources
Construction Related Mitigation Measures.
The following are required during project construction in order to minimize impacts to adjacent
habitat and wildlife during construction activities.
• Feeding of wildlife by project personnel is prohibited.
• To minimize harassment or killing or wildlife and to prevent the introduction of destructive
animal diseases to native wildlife populations, project personnel are not allowed to bring pets
into any project area.
• The contractor shall confine all activities to the project boundaries. All limits of construction
shall be delineated with orange construction fencing. During and after construction, entrances
to access roads shall be gated to prevent the unauthorized uses of these roads by the
general public. Signs prohibiting unauthorized use of the access roads shall be posted on
these gates.
• Sensitive areas identified by bird surveys or the biological monitor shall be delineated by
construction fencing or similar materials prior to any clearing or grading activities.
• During project construction, all seeds and straw materials shall be certified weed free.
• Project personnel shall not deposit or leave any food or waste in the project site, and no
biodegradable or non - biodegradable debris shall remain in the project site following
completion of construction. All refuse shall be placed in appropriate wildlife -proof containers
and removed from job sites daily.
• All steep - walled trenches or excavations used during construction shall be covered at all
times except when being actively utilized. If the trenches or excavations cannot be covered,
exclusion fencing (i.e., silt fencing) shall be installed around the trench or excavation, or it
shall be covered to prevent entrapment of wildlife.
• Open trenches or other excavations that could entrap wildlife shall be inspected carefully
before backfilling. Should a dead or injured listed species be found in a trench or excavation
or anywhere in the construction zone or along an access road, the appropriate resource
agencies shall be contacted within 48 hours of detection. Construction holes left open over
night shall be covered.
• The contractor shall institute measures to prevent fire and leakage from vehicles during
construction on the project site. Such measures shall include designated no smoking zones
and parking areas. Construction equipment shall be restricted to designated areas and roads
approved by the project biologist. A water truck shall be maintained at the project site during
all construction activities in order to provide an emergency water source in case of fire.
• Fuel modification maintenance shall only occur under the supervision of a qualified biological
monitor and access. shall minimized to reduce the impact to wildlife within the ESA. The
monitor shall flag sensitive and fire resistive plants so that the vegetation removal crew can
avoid impacts to these species.
Geology
Grading Guide Specifications- Construction Related Mitigation Measures.
• The Earthwork Contractor is responsible for the satisfactory completion of all earthwork in
accordance with the plans and geotechnical reports, and in accordance with city, county, and
applicable building codes.
• The Geotechnical Engineer is the representative of the Owner /Builder for the purpose of
implementing the report recommendations and guidelines. These duties are not intended to
relieve the Earthwork Contractor of any responsibility to perform in a workman -like manner
nor is the Geotechnical Engineer to direct the grading equipment of personnel employed by
the Contractor.
• The Earthwork Contractor is required to notify the Geotechnical Engineer of the anticipated
work and schedule so that testing and inspections can be provided. If necessary, work may
be stopped and redone if personnel have not been scheduled in advance.
• The Earthwork Contractor is required to have suitable and sufficient equipment on the job -site
to process, moisture condition, mix and compact the amount of fill being placed on the
approved compaction. In addition, suitable support equipment should be available to conform
with recommendations and guidelines in this report.
• Canyon cleanouts, overexcavation areas, processed to receive fill, key excavations,
subdrains and benches should be observed by the Geotechnical Engineer prior to placement
of any fill. It is the Earthwork Contractor's responsibility to notify the Geotechnical Engineer of
areas that are ready for inspection.
• Excavation, filling, and subgrade preparation should be performed in a manner and sequence
that will provide drainage at all times and proper control of erosion. Precipitation, springs, and
seepage water encountered shall be pumped or drained to provide a suitable working
surface. The Geotechnical Engineer must be informed of springs or water seepage
encountered during grading or foundation construction for possible revision to the
recommended construction procedures and /or installation of subdrains.
• The Earthwork Contractor is responsible for all clearing, grubbing, stripping, and site
preparation for the project in accordance with the recommendations of the Geotechnical
Engineer.
• If any materials or areas are encountered by the Earthwork Contractor which are suspected
of having toxic or environmentally sensitive contamination, the Geotechnical Engineer and
Owner /Builder should be notified immediately.
• Major vegetation should be stripped and disposed of off -site. This includes, trees, brush,
heavy grasses, and any materials considered unsuitable by the Geotechnical Engineer.
• Underground structures such as basements, cesspools, or septic disposal systems, mining
shafts, tunnels, wells, and pibpelines should be removed under the inspection of the
Geotechnical Engineer and recommendations provided by the Geotechnical Engineer and /or
city, county, or state agencies. If such structures are known or found, the Geotechnical
Engineer should be notified as soon as possible so that recommendations can be formulated.
• Any topsoil, slopewash, colluviums, alluvium, and rock materials which re considered
unsuitable by the Geotechnical Engineer should be removed prior to fill placement.
• Remaining voids created during site clearing caused by removal of trees, foundations
basements, irrigation facilities, etc. should be excavated and filled with compacted fill.
• Subsequent to clearing and removals, areas to receive fill should be scarified to a depth of 10
to 12 inches, moisture conditioned and compacted.
• The moisture condition of the processed ground should be at or slightly above the optimum
moisture content as determined by the Geotechnical Engineer. Depending upon field
conditions, this may require air drying or watering together with mixing and /or discing.
• Soil materials imported to or excavated on the property may be utilized in the fill, provided
each material has been determined to be suitable in the opinion of the Geotechnical
Engineer. Unless otherwise approved by the Geotechnical Engineer, all fill materials shall be
free of deleterious, organic, or frozen matter, shall contain no chemicals that may result in the
material being classified as "contaminated,' and shall be very low to non - expansive with a
maximum expansion index (EI) of 50. The top 12 inches of the compacted fill should have a
maximum particle size of 3 inches, and all underlying compacted fill material a maximum 6-
inch particle size, except as noted below.
• All soils should be evaluated and tested by the Geotechnical Engineer. Materials with high
expansion potential, low strength, poor gradation or containing organic materials may require
removal from the site or selective placement and /or mixing to the satisfaction of the
Geotechnical Engineer.
• Rock fragments or rocks less than 6 inches in their largest dimensions, or as otherwise
determined by the Geotechnical Engineer, may be used in compacted fill, provided the
distribution and placement is satisfactory in the opinion of the Geotechnical Engineer.
• Rock fragments or rocks greater than 12 inches should be taken off -site or placed in
accordance with recommendation and in areas designated suitable by the Geotechnical
Engineer. These materials should be placed in accordance with Place D -8 of these Grading
Guide Specification and in accordance with the following recommendations:
o Rocks 12 inches or more in diameter should be placed in rows at least 15 feet
apart, 15 feet from the edge of the fill, and 10 feet or more below subgrade.
Spaces should be left between each rock fragment to provide for placement and
compaction of soil around the fragments.
o Fill materials consisting of soil meeting the minimum moisture content
requirements and free of oversize material should be placed between and over
the rows of rock or concrete. Ample water and compactive effort should be
applied to the fill materials as they are placed in order that all of the voids
between each of the fragments are filled and compacted to the specified density.
o Subsequent rows of rocks should be placed such that they are not directly above
a row placed in the previous left of fill. A minimum 5 -foot offset between rows is
recommended.
o To facilitate future trenching, oversized material should not be placed within the
range of foundation excavations, future utilities, or other underground
construction unless specifically approved by the soil engineer and the
developer /owner representative.
Fill materials approved by the Geotechnical Engineer should be placed in areas previously
prepared to receive fill and in evenly placed, near horizontal layers at about 6 to 8 inches in
loose thickness, or as otherwise determined by the Geotechnical Engineer for the project.
Each layer should be moisture conditioned to optimum moisture content, or slightly above, as
directed by the Geotechnical Engineer. After proper mixing and /or drying, to evenly distribute
., moisture, the layers should be compacted to at least 90 percent of the maximum dry density
in compliance with ASTM D- 1557 -78 unless otherwise indicated.
• Density and moisture content testing should a performed by the Geotechnical Engineer at
random intervals and locations as determined by the Geotechnical Engineer. These tests are
intended as an aid to the Earthwork Contractor, so he can evaluate his workmanship,
equipment effectiveness and site conditions. The Earthwork Contractor is responsible for
compaction as required by the Geotechnical Report(s) and governmental agencies.
Fill areas unused for a period of time may require moisture conditioning, processing and
recompaction prior to the start of additional filling. The Earthwork Contractor should notify the
Geotechnical Engineer of his intent so that an evaluation can be made.
• Fill placed on ground sloping at a 5 -to -1 inclination (horizontal -to vertical) or steeper should
be benched into bedrock or other suitable materials as directed by the Geotechnical
Engineer. Typical details of benching are illustrated on Plates D -2, D -4, and D -5 of the
geotechnical report in Appendix E.
• Cut/fill transition lots should have the cut portion overexcavated to a depth of at least 3 feet
and rebuilt with fill (see Plate. D -1 in the geotechnical report, Appendix E). as determined by
the Geotechnical Engineer.
• All cut lots should be inspected by the Geotechnical Engineer for fracturing and other bedrock
conditions. If necessary, the pads should be overexcavated to a depth of 3 feet and rebuilt
with a uniform, more cohesive soil type to impede moisture penetration.
• Cut portions of pad areas above buttresses or stabilizations should be overexcavated to a
depth of 3 feet and rebuilt with uniform, more cohesive compacted fill to impede moisture
penetration.
• Non - structural fill adjacent to structural fill should typically be placed in unison to provide
lateral support. Backfill along walls must be placed and compacted with care to ensure that
excessive unbalanced lateral pressures do not develop. The type of fill material placed
adjacent to below grade walls must be properly tested and approved by the Geotechncial
Engineer with consideration of the lateral earth pressure used in the design.
• The foundation influence zone is defined as extending one foot horizontally from the outside
edge of a footing, and proceeding downward at a %: horizontal to 1 vertical (0.5:1) inclination.
• Where overexcavation beneath a footing subgrade is necessary, it should be conducted so
as to encompass the entire foundation influence zone, as described above.
• Compacted fill adjacent to exterior footings should extend at least 12 inches above
foundation bearing grade. Compacted fill within the interior of structures should extend to the
floor subgrade elevation.
• The placement and compaction of fill described above applies to all fill slopes. Slope
compaction should be accomplished by overfilling the slope adequately compacting the fill in
even layers, including the overfilled zone and cutting the slope back to expose the compacted
core.
• Slope compaction may also be achieved by backrolling the slope adequately every 2 to 4
vertical feet during the filling process as well as requiring the earth moving and compaction
equipment to work close to the top of the slope. Upon completion of slope construction, the
slope face should be compacted with a sheepsfoot connected to a sideboom and then grid
rolled. This method of slope compaction should only be used if approved by the Geotechnical
Engineer.
• Sandy soils lacking in adequate cohesion may be unstable for a finished slope condition and
therefore should not be placed within 15 horizontal feet of the slope face.
• All fill slopes should be keyed into bedrock or other suitable material. Fill keys should be at
least 15 feet wide and inclined at 2 percent into the slope. For slopes higher than 30 feet, the
fill key width should be equal to one -half the height of the slope (see Plate D -5 in Appendix
E).
• All fill keys should be cleared of the loose slough material prior to geotechnical inspection
should be approved by the Geotechnical Engineer and governmental agencies prior to filling.
• The cut portion of fill over cut slopes should be made first and inspected by the Geotechnical
Engineer for possible stabilization requirements. The fill portion should be adequately keyed
through all surficial soils and into bedrock or suitable material. Soils should be removed from
the transition zone between the cut and fill portions (see Plate D -2 in Appendix E).
• All cut slopes should be inspected by the Geotechnical Engineer to determine the need for
stabilization. The Earthwork Contractor should notify the Geotechnical Engineer when slope
cutting is in progress at intervals of 10 vertical feet. Failure to notify may result in a delay in
recommendations.
• Cut slopes exposing loose, cohesionless sands should be reported to the Geotechnical
Engineer for possible stabilization recommendations.
• All stabilization excavations should be cleared of loose slough material prior to geotechnical
inspection. Stakes should be provided by the Civil Engineer to verify the location and
dimensions of the key. A typical fill detail is shown on Plate D -5 in Appendix E.
• Stabilization key excavations should be provided with subdrains. Typical subdrain details are
shown on Plates D -6 in Appendix E.
• Subdrains may be required in canyons and swales where fill placement is proposed. Typical
subdrain details for canyons are shown on Plate, D -3 of Appendix E. Subdrains should be
installed after approval of removals and before filling, as determined by the Soils Engineer.
• Plastic pipe may be used for subdrains provided it is Schedule 40 or SDR 35 or equivalent.
Pipe should be protected against breakage, typically by placement in a square -cut (backhoe)
trench or as recommended by the manufacturer.
• Filter material for subdrains should conform to CALTRANS specification 68.1.025 or as
approved by the Geotechnical Engineer for the specific site conditions. Clean ' /< inch crushed
rock may be used provided it is wrapped in an acceptable filter cloth and approved by the
Geotechnical Engineer. Pipe diameters should be 6 inches for runs up to 500 feet and 8
inches for the downstream continuations for longer runs. Four -inch pipe may be used in
buttress and stabilization fills.
Fill Placement- Construction Related Mitigation Measures. -
• Fill soils should be placed in thin (6± inches), near - horizontal lifts, moisture conditions to two
to four percent above optimum moisture content, and compacted.
• On -site soils may be used for fill, provided that they are cleaned of any debris to the
satisfaction of the geotechnical engineer.
• All grading and fill placement activities should be completed in accordance with the
requirements of the recent IBC /CBC and the grading code requirements of the City of
Newport Beach.
• All fill soils should be compacted to at least 90 percent of the ASTM D -1557 maximum dry
density. Fill soils should be well mixed.
• Compaction tests should be performed periodically by the geotechnical engineer as random
verification of compaction and moisture content. These tests are intended to aid the
contractor. Since the tests are taken at discrete locations and depths, they may not be
indicative of the entire fill and therefore should not relieve the contractor of his responsibility
to meet job specifications.
Hydrology and Water Quality
Construction Related Mitigation Measures
Noise
• Disposal or temporary placement of excess fill, brush, or other debris shall not be allowed in
waters of the United States or their banks.
• All equipment maintenance, staging, and dispensing of fuel oil, coolant, or any other such
activities shall occur in designated areas outside of waters of the United States within the
fenced project impact limits. These designated areas shall be located in previously
compacted and disturbed areas to the maximum extent practicable in such a manner as to
prevent any runoff from entering waters of the United States, and shall be shown on the
construction plans.
• Fueling of equipment shall take place within existing paved areas or designated fueling areas
away from waters of the United States. Contactor equipment shall be checked for leaks prior
to operation and repaired as necessary. "No- fueling zones" shall be designated on
construction plans and /or within the stormwater pollution prevention plan.
• Silt fencing, straw mulch, and straw bale check dams shall be installed as appropriate to
contain sediment within construction work areas and staging areas. Where soils and slopes
exhibit high erosion potential, erosion control blankets, matting, and other fabrics and /or
erosion control measures shall be implemented.
Standard Condition
Hours of noise - generating construction shall be limited to from 7 a.m. to 6:30 p.m. on
weekdays and from 8:00 a.m. to 6:00 p.m. on Saturdays. No construction shall be
permitted on Sundays or holidays. Adequate noise control measures at all construction
sites shall be ensured through the provision of mufflers and the physical separation of
machinery maintenance areas from adjacent uses.
Transportation and Traffic
Standard Conditions
• The Traffic Engineer will require during the plan check review phase that the applicant install
a residential driveway approach per City Standard at the intersection of the proposed
driveway and the internal roadway.
• Plantings at the intersection of the driveway and internal roadway shall be low growing, 24 inch
maximum, to ensure adequate sight distance for vehicles existing the driveway area.
Planning Commission Resolution No. PC2009 -XXX
Page 8 of 12
EXHIBIT "C"
CONDITIONS OF APPROVAL
(project specific conditions are identified in bold)
PLANNING
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.)
2. Amendment No. 1 to Use Permit No. 2001 -036 and Site Plan Review No. 2009 -001 shall
expire unless exercised within 24 months from the date of approval as specified in
Section 20.91.03 of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Prior to issuance of building permits, fair share fees for a new church unit at a
rate of $1,418 per thousand square feet of new development shall be paid in
accordance with City Ordinance 94 -19 of the Newport Beach Municipal Code,
unless proof of payment is provided to the Planning Department.
9. Prior to issuance of building permits, school fees at a rate of $0.30 per square
foot of new development shall be paid in accordance with California
Government Code 17620, unless proof of payment is provided to the Building
Department.
Planning Commission Resolution No. PC2009 -XXX
Page 9 of 12
10. This property shall be exempt from the collection of San Joaquin Transportation
Corridor Fees.
11. 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
Department.
12. The applicant shall comply with all of the mitigation measures and best
management practices specified in the Mitigation Monitoring and Reporting
Program and Best Management Practices as shown in Appendices A and B of
the Initial Study and Mitigated Negative Declaration (State Clearinghouse No.
2009101063).
13. 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.
14. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or,
if in the opinion of the Planning Director, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental
resources. The Planning Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated.
15. Prior to the issuance of a building permits, the applicant shall prepare
photometric study in conjunction with a final lighting plan for approval by the
Planning Department. The survey shall show that lighting values are "1" or less
at all property lines.
16. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code. The maximum noise shall be limited to no more than
depicted below for the specified time periods unless the ambient noise level is
higher:
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial ro ert
45dBA
60dBA
45dBA
5OdBA
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
60dBA
Planning Commission Resolution No. PC2009 -XXX
Paae 10 of 12
17. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
18. All trash shall be stored within the building or within dumpsters stored in the
trash enclosure (three walls and a self - latching gate), except when placed for
pick -up by refuse collection agencies. The trash enclosure shall have a
decorative solid roof for aesthetic and screening purposes.
19. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the
Planning Director, and may require an amendment to this Use Permit.
20. 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.
21. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or
that would attract large crowds, involve the sale of alcoholic beverages, include
any form of on -site media broadcast, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
22. 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.
23. To the fullest extent permitted by law, the 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 Amendment
No. 1 to Use Permit No. UP2001 -036 and Site Plan Review No. SR2009 -001; and /or
the City's related'California Environmental Quality Act determinations.
Fire Department Conditions
24. The project shall provide fire sprinklers for the new structure. Automatic fire
sprinklers shall be required for all new construction. The sprinkler system shall
be monitored by a UL certified alarm service company.
25. The project shall meet all requirements in guideline G.03-"Construction
Requirements for Special Fire Protection Areas."
Planning Commission Resolution No. PC2009 -XXX
Pace 11 of 12
26. A Fuel Modification Plan shall be provided for the new structure.
Building Department Conditions
27. The applicant is required to obtain all applicable permits from the City Building
and Fire Departments. The construction plans must comply with the most recent,
City- adopted version of the California Building Code. The project design shall
comply with all applicable 2007 Building Code regulations and City of Newport
Beach Ordinances.
28. The construction plans must meet all applicable State Disabilities Access requirements.
29. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
30. The applicant shall employ the following best available control measures ( "BACMs ") to
reduce construction - related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
Require 90 -day low -NOx tune -ups for off road equipment.
Limit allowable idling to 30 minutes for trucks and heavy equipment
Off -Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off -peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access pointy daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six -inch surface layer, subject to review /discretion of the geotechnical
engineer.
Planning Commission Resolution No. PC2009 -XXX
Paae 12 of 12
31. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
( SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared unless otherwise approved by the Building
Department. The SWPPP and NOI shall be submitted to the State Water Quality
Control Board for approval and made part of the construction program. The project
applicant will provide the City with a copy of the NOI and their application check as
proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
32. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project unless otherwise
approved by the Building Department. The WQMP shall be subject to the approval of
the Building Department and Code and Water Quality Enforcement Division. The
WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that
no violations of water quality standards or waste discharge requirements occur.
33. A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality unless otherwise approved
by the Building Department. 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.
34. As part of the proposed single - family development, the applicant shall provide
information showing the proposed storm drain system and site drainage unless otherwise
approved by the Building Department. This shall be submitted during the plan check
process.
Public Works Conditions
1. A residential driveway approach shall be installed per City standard @ the
intersection of the proposed driveway and the internal roadway.
2. Planting at the intersection of the driveway and internal roadway shall be low
growing (24 inch maximum) to ensure adequate sight distance for vehicles
exiting the driveway area. The landscape plan shall be reviewed during plan
check.
3. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
Attachment No. PC 2
Initial Study and Mitigated Negative
Declaration
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Attachment No. PC 3
Mitigation Monitoring Report Program
33
MITIGATION MONITORING AND REPORTING PLAN
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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Aesthetics
MM AE.1 Lighting shall be in compliance with applicable standards
Condition of
Plan check
Prior to the
Planning Department
of the Zoning Code. Exterior on -site lighting shall be shielded and
approval
issuance of
confined within site boundaries. No direct rays or glare are
permits
permitted to shine onto public streets or adjacent sites or create a
public nuisance. "Walpar type fixtures are not permitted. A
lighting plan shall be approved by the Planning Department prior
to the issuance of building permits.
MM AE.2 The site shall not be excessively illuminated based on
Condition of
Plan check
Prior to the
Planning Department
the luminance recommendations of the Illuminating Engineering
approval
issuance of
Society of North America, or, if in the opinion of the Planning
permits
Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources.
The Planning Director may order the dimming of light sources or
other remediation upon finding that the site is excessively
illuminated. Night lighting adjacent to the ESA shall be the lowest
illumination allowed for human safety, selectively placed,
shielded, and directly away from preserved habitat at the
maximum extent practicable. A lighting plan shall be approved by
the Planning Department prior to the issuance of building permits.
MM AE.3 Prior to the issuance of building permits, the applicant
Condition of
Plan check
Prior to the
Planning Department
shall prepare photometric study in conjunction with a final lighting
approval
issuance of
plan for approval by the Planning Department.
permits
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LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
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MM AEA Prior to issuance of the certificate of occupancy or final
Condition of
Evening field
Prior to issuance
Code and Water
of building permits, the applicant shall schedule an evening
approval
inspection
of final building
Quality Enforcement
inspection by the Code and Water Quality Enforcement Division
permits and after
Division
to confirm control of light and glare.
construction
Biological Resources
Condition of
Qualified
During surveys of
Planning Department
MM BRA If a federal- or state-listed endangered or threatened
approval
biological
the project site or
and Fire Department
plant or wildlife species is found during surveys of the project site
monitor
during
or project construction within the fuel modification zone,
construction
regardless of whether or not it is found during the blooming or
breeding season, the resource agencies shall be notified and a
consultation may be necessary regarding avoidance measures.
The applicant shall work with the Fire Department to develop a
strategy to protect the sensitive habitat areas from fuel
modification and ongoing maintenance of the fuel modification
zone.
MM BR.2 All brush clearing (except tree trimming and removal,
Condition of
Field
During
Planning Department
see below) and other construction activities within the fuel
approval
inspections and
construction
and Fire Department
modification zone shall occur outside the general avian breeding
supervision by
season. All brush clearing and construction shall take place
a qualified
between September 16 and February 14 (i.e., outside of the
biological
general avian breeding season of February 15 through
monitor
September 15).
o Vegetation removal shall take place only under the
supervision of a qualified biological monitor knowledgeable in
the identification of sensitive plant species. The monitor shall
flag sensitive and fire resistive plants so that the vegetation
removal crew can avoid impacts to theses ecies.
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LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
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o Tree trimming or removal shall only take place between
September 16 and December 31 (i.e., outside the raptor
breeding season of January 1 through September 15).
MM BR.3 In compliance with the Migratory Bird Act, if vegetation
Condition of
Qualified
Prior to issuance
Planning Department
removal within the project site (within the project footprint or fuel
approval
biological
of building
modification zone) must occur within the breeding season
monitor and
permits
(February 15 through September 15), the following surveys shall
construction
be conducted prior to the issuance of building permits. These
timeline
surveys shall take place prior to vegetation removal and
construction.
• Conduct protocol focused surveys for the coastal California
gnatcatcher in accordance with United States Fish and
Wildlife Service (USFWS) guidelines (1997).
• Survey for nesting activity of raptors within a 500-foot radius
of the project site if vegetation removal must occur within the
avian breeding season (February 15 through September 15).
Surveys shall be conducted during appropriate nesting times
and concentrate on mature trees. If any active nests are
observed, the nest area shall be flagged and protected (while
occupied) during construction.
• Survey habitat in the project area and within a 300-foot
radius. If any active nests are observed, the nest area shall
be flagged and protected (while occupied) during
construction.
MM BRA Conduct afield survey of the property boundary prior to
Condition of
Field survey
Prior to issuance
Planning Department
issuance of building permits and stake the area proposed for fuel
approval
of building
modification. Should the mixed willow series and/or mule fat
permits.
series fall within the proposed fuel modification zone, coordination
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LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
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with the City of Newport Beach Fire Department is recommended
to completely avoid these communities during vegetation
removal.
MM BR.5 Vegetation removal shall take place outside of the
Condition of
Qualified
Prior to issuance
Planning Department
avian breeding season in order to avoid disturbance to potentially
approval
biological
of building
nesting least Bell's vireo. If vegetation removal must take place
monitor and
permits.
during the avian breeding season, bird surveys shall be
construction
conducted per recommendations described above in IV.a
timeline
(Biological Resources). Bird surveys shall be conducted prior to
issuance of building permits.
MM BRA Conduct a field survey of the property boundary prior to
Condition of
Field survey
Prior to issuance
Planning Department
issuance of building permits and stake the area proposed for fuel
approval
of building
modification to verify whether this drainage feature lies within the
permits
proposed fuel modification zone.
MM BR.7 After the field study has been conducted and prior to
Condition of
Field survey
Prior to issuance
Fire Department
the issuance of building permits, coordinate with the City of
approval
of building
Newport Beach Fire Department to determine if this drainage
permits
feature can be completely avoided during fuel modification
activities. If the bed, bank, channel and riparian vegetation within
this drainage can be avoided entirely, Section 401, 404, and
1600 permits shall not be required.
MM BR.B If the field survey determines the drainage features
Condition of
Field survey
Prior to issuance
Building Department,
exist within the proposed fuel modification zone and cannot be
approval
o building permits
Army Corps of
avoided, a formal jurisdictional delineation shall be required prior
Engineers, Regional
to issuance of building permits to determine the impacts to
Water Quality Control
SCACE /RWQCB /CDFG jurisdictional waters. Agency
Board, and
coordination shall be required based on the findings of the formal
Department of Fish
UJ
141
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
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delineation.
and Game
MM BR.9 Preparation of a Planting Plan that includes the
Condition of
Planting plan
Prior to issuance
Fire Department
following techniques instrumental for hillside stabilization:
approval
of building
permits
• Describes an above - ground cutting method, leaving
approximately 1" stumps.
• Provides a list of species for replacement planting that are
instrumental for soil stability. These species shall be selected
from the City of Newport Beach Urban Wildland Interface
Area Standard for Hazard Reduction Fire Resistive Plant List.
This list can be found in Appendix C of the Biological
Reconnaissance Study conducted by Chambers Group, Inc.
(Appendix C). These plants shall also be native in order to
satisfy the recommendations provided below concerning
wildlife movement corridors.
• Provides direction in application of a soil binder to areas
where plants are removed.
• Replacement planting shall be part of an approved planting
plan approved by the Fire Department prior to issuance of
final building permits.
• New plants added during regular maintenance shall be
reviewed and approved by the Fire Department and updated
on the approved planting plan.
MM BR.10 During preparation of a Planting Plan as described
Condition of
Planting plan
Prior to issuance
Fire Department
above, replacement planting recommendations for Zone B of the
approval
of building
fuel modification zone shall consist, to the greatest extent
permits
feasible, of native plants characteristic of the California sagebrush
scrub vegetation community already resent within the ESA. In
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LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
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-plants
addition, these shall be selected for good hillside
stabilization as described above. Replacement planting shall be
part of an approved planting plan approved by the Fire
Department prior to issuance of final building permits.
MM BRA I Replacement planting with native plants characteristic
Condition of
Planting Plan
Prior to issuance
Fire Department and
of the California sagebrush scrub community, as mentioned
approval
of building
Planning Department
above, will minimize effects to the existing corridor. If this is not
permits
feasible, then an in-depth wildlife corridor study for the fuel
modification buffer may be required. Replacement planting shall
be part of an approved planting plan approved by the Fire
Department prior to issuance of final building permits.
MM BR.12 Signage on the boundary fencing shall state that
Condition of
Site plan and
Prior to issuance
Planning Department
access to areas north and east of the project site is prohibited
approval
sign plan at
of building
except for required fuel modification maintenance. Plans for
plan check
permits
signage shall be approved by the Planning Department prior to
issuance of building permits.
Cultural Resources
MM CRA The archaeologist must be present at the pre-grading
Condition of
Attendance at
Prior to issuance
Building Department
conference in order to establish procedures for temporarily
approval
pre-grading
of permits and
halting or redirecting work to permit the sampling, identification,
conference and
during
and evaluation of artifacts if potentially significant artifacts are
supervision by
construction
uncovered. If artifacts are uncovered and determined to be
certified
significant during construction, the archaeological observer shall
archaeologist
determine appropriate actions in cooperation with the property
owner /developer for exploration and/or salvage.
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LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
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MM CR.2 Specimens that are collected prior to or during the
Condition of
Supervision by
Prior to and
Building Department
grading process will be donated to an educational or research
approval
certified
during grading
institution.
archaeologist
MM CR.3 Any archaeological work at the site shall be conducted
Condition of
Supervision by
During
Building Department
under the direction of the certified archaeologist during
approval
certified
construction
construction. If any artifacts are discovered during grading
archaeologist
operations when the archaeological monitor is not present,
and field
grading shall be diverted around the area until the monitor can
inspections
survey the area.
MM CRA A final report detailing the findings and disposition of
Condition of
Final
After grading and
Building Department
the specimens shall be submitted to the Building Department
approval
archaeological
prior to issuance
prior to issuance of final building permits. Upon completion of
report
of final building
grading, the archaeologist shall notify the City as to when the final
permits
report will be submitted.
MM CR.5 The paleontologist must be present at the pre - grading
Condition of
Attendance at
Prior to issuance
Building Department
conference in order to establish procedures to temporarily halt or
approval
pre - grading
of building
redirect work to permit the sampling, identification, and evaluation
conference and
permits and
of fossils. If potentially significant materials are discovered during
supervision by
during
construction, the paleontologist shall determine appropriate
certified
construction
actions in cooperation with the property owner /developer for
paleontologist
exploration and/or salvage.
MM CR.6 Specimens that are collected prior to or during the
Condition of
Supervision by
Prior to and
Building Department
grading process will be donated to an appropriate educational or
approval
certified
during grading
research institution.
paleontologist
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING
PLAN
-rk
IVIM CR.7 Any paleontological work at the site shall be conducted
Condition of
Supervision by
During
Building Department
under the direction of the certified paleontologist during
approval
certified
construction
construction. If any fossils are discovered during grading
paleontologist
operations when the paleontological monitor is not present,
and field
grading shall be diverted around the area until the monitor can
inspections
survey the area.
MM CR.8 A final report detailing the findings and disposition of
Condition of
Final
After grading and
Building Department
the specimens shall be submitted to the Building Department
approval
paleontological
prior to issuance
prior to issuance of final building permits. Upon the completion of
report
of final building
grading, the paleontologist shall notify the City as to when the
permits
final report will be submitted.
MM CR.9 If human remains are encountered, the state
Condition of
Supervision by
During
Building Department
Health and Safety Code Section 7050.5 requires that no
approval
certified
construction
further disturbance shall occur until the county coroner has
paleontologist
made a determination of the origin and disposition pursuant
and field
to Public Resources Code 5097.98. The county coroner
inspections
must be notified immediately of the find. If the remains are
determined to be prehistoric, the coroner is required to notify
the Native American Heritage Commission (NAHC), which
will determine and notify a Most Likely Descendant (MLD).
With permission of the owner of the land or his/her authorized
representative, the descendent may inspect the site of the
discovery. The descendant shall complete the inspection
within 24 hours of notification of the NAHC. The MLD may
recommend scientific removal and nondestructive analysis of
human remains and items associated with Native American
burials.
LDS RECTORY USE PERMIT AMENDMENT
MITIGATION MONITORING AND REPORTING PLAN
Geology and Soils
MM GA Replacement planting shall be required for Zone B of the
Condition of
Planting plan at
Prior to issuance
Fire Department
fuel modification area. Plants instrumental for hillside stabilization
approval
plan check
of building
shall be selected from the City of Newport Beach Urban Wildland
permits and
Interface Area Standard for Hazard Reduction Fire Resistive
inspection prior to
Plant List and shall be installed after the removal of combustible
issuance of final
plants within Zone B of the fuel modification zone to provide
building permits.
proper soil stabilization and prevent hillside erosion. Plantings
shall be approved by the Fire Department prior to issuance of
building permits.
Hazards and Hazardous Materials
MM HZA The property ownerldeveloper shall submit a Fuel
Condition of
Fuel
Prior to issuance
Fire Department
Modification Plan prior to the issuance of building permits to the
approval
modification
of building
Fire Department showing that a fuel modification zone will be
plan at plan
permits
provided from the structure up to the adjacent property line.
check
MM HZ.2 The property owner /developer shall meet all
Condition of
Fuel
Prior to issuance
Fire Department
requirements in Guideline G.03- "Construction Requirements for
approval
modification
of building
Special Fire Protection Areas" to the satisfaction of the Fire
plan at plan
permits
Department prior to the issuance of building permits.
check
MM HZ.3 The structure shall be provided with fire sprinklers at
Condition of
Plan check
Prior to issuance
Fire Department
plan check to the satisfaction of the Fire Department.
approval
of building
permits and
inspection
, f\
N
BEST MANAGEMENT PRACTICES FOR CONSTRUCTION
LDS RECTORY USE PERMIT AMENDMENT
Biological Resources
Construction Related Mitigation Measures.
The following are required during project construction in order to minimize impacts to adjacent
habitat and wildlife during construction activities.
• Feeding of wildlife by project personnel is prohibited.
• To minimize harassment or killing or wildlife and to prevent the introduction of destructive
animal diseases to native wildlife populations, project personnel are not allowed to bring pets
into any project area.
• The contractor shall confine all activities to the project boundaries. All limits of construction
shall be delineated with orange construction fencing. During and after construction, entrances
to access roads shall be gated to prevent the unauthorized uses of these roads by the
general public. Signs prohibiting unauthorized use of the access roads shall be posted on
these gates.
• Sensitive areas identified by bird surveys or the biological monitor shall be delineated by
construction fencing or similar materials prior to any clearing or grading activities.
• During project construction, all seeds and straw materials shall be certified weed free.
• Project personnel shall not deposit or leave any food or waste in the project site, and no
biodegradable or non- biodegradable debris shall remain in the project site following
completion of construction. All refuse shall be placed in appropriate wildlife -proof containers
and removed from job sites daily.
• All steep - walled trenches or excavations used during construction shall be covered at all
times except when being actively utilized. If the trenches or excavations cannot be covered,
exclusion fencing (i.e., silt fencing) shall be installed around the trench or excavation, or it
shall be covered to prevent entrapment of wildlife.
• Open trenches or other excavations that could entrap wildlife shall be inspected carefully
before backfilling. Should a dead or injured listed species be found in a trench or excavation
or anywhere in the construction zone or along an access road, the appropriate resource
agencies shall be contacted within 48 hours of detection. Construction holes left open over
night shall be covered.
• The contractor shall institute measures to prevent fire and leakage from vehicles during
construction on the project site. Such measures shall include designated no smoking zones
and parking areas. Construction equipment shall be restricted to designated areas and roads
approved by the project biologist. A water truck shall be maintained at the project site during
all construction activities in order to provide an emergency water source in case of fire.
• Fuel modification maintenance shall only occur under the supervision of a qualified biological
monitor and access shall minimized to reduce the impact to wildlife within the ESA. The
monitor shall flag sensitive and fire resistive plants so that the vegetation removal crew can
avoid impacts to these species.
Geology
Grading Guide Specifications- Construction Related Mitigation Measures.
The Earthwork Contractor is responsible for the satisfactory completion of all earthwork in
accordance with the plans and geotechnical reports, and in accordance with city, county, and
applicable building codes.
The Geotechnical Engineer is the representative of the Owner /Builder for the purpose of
implementing the report recommendations and guidelines. These duties are not intended to
relieve the Earthwork Contractor of any responsibility to perform in a workman -like manner
y3
nor is the Geotechnical Engineer to direct the grading equipment of personnel employed by
the Contractor.
• The Earthwork Contractor is required to notify the Geotechnical Engineer of the anticipated
work and schedule so that testing and inspections can be provided. If necessary, work may
be stopped and redone if personnel have not been scheduled in advance.
• The Earthwork Contractor is required to have suitable and sufficient equipment on the job -site
to process, moisture condition, mix and compact the amount of fill being placed on the
approved compaction. In addition, suitable support equipment should be available to conform
with recommendations and guidelines in this report.
• Canyon cleanouts, overexcavation areas, processed to receive fill, key excavations,
subdrains and benches should be observed by the Geotechnical Engineer prior to placement
of any fill. It is the Earthwork Contractor's responsibility to notify the Geotechnical Engineer of
areas that are ready for inspection.
• Excavation, filling, and subgrade preparation should be performed in a manner and sequence
that will provide drainage at all times and proper control of erosion. Precipitation, springs, and
seepage water encountered shall be pumped or drained to provide a suitable working
surface. The Geotechnical Engineer must be informed of springs or water seepage
encountered during grading or foundation construction for possible revision to the
recommended construction procedures and/or installation of subdrains.
• The Earthwork Contractor is responsible for all clearing, grubbing, stripping, and site
preparation for the project in accordance with the recommendations of the Geotechnical
Engineer.
• If any materials or areas are encountered by the Earthwork Contractor which are suspected
of having toxic or environmentally sensitive contamination, the Geotechnical Engineer and
Owner /Builder should be notified immediately.
• Major vegetation should be stripped and disposed of off -site. This includes, trees, brush,
heavy grasses, and any materials considered unsuitable by the Geotechnical Engineer.
• Underground structures such as basements, cesspools, or septic disposal systems, mining
shafts, tunnels, wells, and pibpelines should be removed under the inspection of the
Geotechnical Engineer and recommendations provided by the Geotechnical Engineer and /or
city, county, or state agencies. If such structures are known or found, the Geotechnical
Engineer should be notified as soon as possible so that recommendations can be formulated.
• Any topsoil, slopewash, colluviums, alluvium, and rock materials which re considered
unsuitable by the Geotechnical Engineer should be removed prior to fill placement.
• Remaining voids created during site clearing caused by removal of trees, foundations
basements, irrigation facilities, etc. should be excavated and filled with compacted fill.
• Subsequent to clearing and removals, areas to receive fill should be scarified to a depth of 10
to 12 inches, moisture conditioned and compacted.
• The moisture condition of the processed ground should be at or slightly above the optimum
moisture content as determined by the Geotechnical Engineer. Depending upon field
conditions, this may require air drying or watering together with mixing and /or discing.
• Soil materials imported to or excavated on the property may be utilized in the fill, provided
each material has been determined to be suitable in the opinion of the Geotechnical
Engineer. Unless otherwise approved by the Geotechnical Engineer, all fill materials shall be
free of deleterious, organic, or frozen matter, shall contain no chemicals that may result in the
material being classified as "contaminated,' and shall be very low to non - expansive with a
maximum expansion index (EI) of 50. The top 12 inches of the compacted fill should have a
maximum particle size of 3 inches, and all underlying compacted fill material a maximum 6-
inch particle size, except as noted below.
• All soils should be evaluated and tested by the Geotechnical Engineer. Materials with high
expansion potential, low strength, poor gradation or containing organic materials may require
removal from the site or selective placement and /or mixing to the satisfaction of the
Geotechnical Engineer.
• Rock fragments or rocks less than 6 inches in their largest dimensions, or as otherwise
determined by the Geotechnical Engineer, may be used in compacted fill, provided the
distribution and placement is satisfactory in the opinion of the Geotechnical Engineer.
• Rock fragments or rocks greater than 12 inches should be taken off -site or placed in
accordance with recommendation and in areas designated suitable by the Geotechnical
Engineer. These materials should be placed in accordance with Place D -8 of these Grading
Guide Specification and in accordance with the following recommendations:
• Rocks 12 inches or more in diameter should be placed in rows at least 15 feet
apart, 15 feet from the edge of the fill, and 10 feet or more below subgrade.
Spaces should be left between each rock fragment to provide for placement and
compaction of soil around the fragments.
• Fill materials_ consisting of soil meeting the minimum moisture content
requirements and free of oversize material should be placed between and over
the rows of rock or concrete. Ample water and compactive effort should be
applied to the fill materials as they are placed in order that all of the voids
between each of the fragments are filled and compacted to the specked density.
• Subsequent rows of rocks should be placed such that they are not directly above
a row placed in the previous left of fill. A minimum 5 -foot offset between rows is
recommended.
• To facilitate future trenching, oversized material should not be placed within the
range of foundation excavations, future utilities, or other underground
construction unless specifically approved by the soil engineer and the
developer /owner representative.
• Fill materials approved by the Geotechnical Engineer should be placed in areas previously
prepared to receive fill and in evenly placed, near horizontal layers at about 6 to 8 inches in
loose thickness, or as otherwise determined by the Geotechnical Engineer for the project.
• Each layer should be moisture conditioned to optimum moisture content, or slightly above, as
directed by the Geotechnical Engineer. After proper mixing and /or drying, to evenly distribute
moisture, the layers should be compacted to at least 90 percent of the maximum dry density
in compliance with ASTM D- 1557 -78 unless otherwise indicated.
• Density and moisture content testing should a performed by the Geotechnical Engineer at
random intervals and locations as determined by the Geotechnical Engineer. These tests are
intended as an aid to the Earthwork Contractor, so he can evaluate his workmanship,
equipment effectiveness and site conditions. The Earthwork Contractor is responsible for
compaction as required by the Geotechnical Report(s) and governmental agencies.
• Fill areas unused for a period of time may require moisture conditioning, processing and
recompaction prior to the start of additional filling. The Earthwork Contractor should notify the
Geotechnical Engineer of his intent so that an evaluation can be made.
• Fill placed on ground sloping at a 5 -to -1 inclination (horizontal -to vertical) or steeper should
be benched into bedrock or other suitable materials as directed by the Geotechnical
Engineer. Typical details of benching are illustrated on Plates D -2, D-4, and D -5 of the
geotechnical report in Appendix E.
• Cut/fill transition lots should have the cut portion overexcavated to a depth of at least 3 feet
and rebuilt with fill (see Plate D -1 in the geotechnical report, Appendix E). as determined by
the Geotechnical Engineer.
• All cut lots should be inspected by the Geotechnical Engineer for fracturing and other bedrock
conditions. If necessary, the pads should be overexcavated to a depth of 3 feet and rebuilt
with a uniform, more cohesive soil type to impede moisture penetration.
• Cut portions of pad areas above buttresses or stabilizations should be overexcavated to a
depth of 3 feet and rebuilt with uniform, more cohesive compacted fill to impede moisture
penetration.
• Non - structural fill adjacent to structural fill should typically be placed in unison to provide
lateral support. Backfill along walls must be placed and compacted with care to ensure that
excessive unbalanced lateral pressures do not develop. The type of fill material placed
4s
adjacent to below grade walls must be properly tested and approved by the Geotechncial
Engineer with consideration of the lateral earth pressure used in the design.
• The foundation influence zone is defined as extending one foot horizontally from the outside
edge of a footing, and proceeding downward at a %: horizontal to 1 vertical (0.5:1) inclination.
• Where overexcavation beneath a footing subgrade is necessary, it should be conducted so
as to encompass the entire foundation influence zone, as described above.
• Compacted fill adjacent to exterior footings should extend at least 12 inches above
foundation bearing grade. Compacted fill within the interior of structures should extend to the
floor subgrade elevation.
• The placement and compaction of fill described above applies to all fill slopes. Slope
compaction should be accomplished by overfilling the slope adequately compacting the fill in
even layers, including the overfilled zone and cutting the slope back to expose the compacted
core.
• Slope compaction may also be achieved by backrolling the slope adequately every 2 to 4
vertical feet during the filling process as well as requiring the earth moving and compaction
equipment to work close to the top of the slope. Upon completion of slope construction, the
slope face should be compacted with a sheepsfoot connected to a sideboom and then grid
rolled. This method of slope compaction should only be used if approved by the Geotechnical
Engineer.
• Sandy soils lacking in adequate cohesion may be unstable for a finished slope condition and
therefore should not be placed within 15 horizontal feet of the slope face.
• All fill slopes should be keyed into bedrock or other suitable material. Fill keys should be at
least 15 feet wide and inclined at 2 percent into the slope. For slopes higher than 30 feet, the
fill key width should be equal to one -half the height of the slope (see Plate D -5 in Appendix
E).
• All fill keys should be cleared of the loose slough material prior to geotechnical inspection
should be approved by the Geotechnical Engineer and governmental agencies prior to filling.
• The cut portion of fill over cut slopes should be made first and inspected by the Geotechnical
Engineer for possible stabilization requirements. The fill portion should be adequately keyed
through all surficial soils and into bedrock or suitable material. Soils should be removed from
the transition zone between the cut and fill portions (see Plate D -2 in Appendix E).
• All cut slopes should be inspected by the Geotechnical Engineer to determine the need for
stabilization. The Earthwork Contractor should notify the Geotechnical Engineer when slope
cutting is in progress at intervals of 10 vertical feet. Failure to notify may result in a delay in
recommendations.
• Cut slopes exposing loose, cohesionless sands should be reported to the Geotechnical
Engineer for possible stabilization recommendations.
• All stabilization excavations should be cleared of loose slough material prior to geotechnical
inspection. Stakes should be provided by the Civil Engineer to verify the location and
dimensions of the key. A typical fill detail is shown on Plate D -5 in Appendix E.
• Stabilization key excavations should be provided with subdrains. Typical subdrain details are
shown on Plates D -6 in Appendix E.
• Subdrains may be required in canyons and swales where fill placement is proposed. Typical
subdrain details for canyons are shown on Plate D -3 of Appendix E. Subdrains should be
installed after approval of removals and before filling, as determined by the Soils Engineer.
• Plastic pipe may be used for subdrains provided it is Schedule 40 or SDR 35 or equivalent.
Pipe should be protected against breakage, typically by placement in a square -cut (backhoe)
trench or as recommended by the manufacturer.
• Filter material for subdrains should conform to CALTRANS specification 68.1.025 or as
approved by the Geotechnical Engineer for the specific site conditions. Clean ' /.-inch crushed
rock may be used provided it is wrapped in an acceptable filter cloth and approved by the
Geotechnical Engineer. Pipe diameters should be 6 inches for runs up to 500 feet and 8
inches for the downstream continuations for longer runs. Four -inch pipe may be used in
buttress and stabilization fills.
Fill Placement- Construction Related Mitigation Measures.
y4
• Fill soils should be placed in thin (6t inches), near - horizontal lifts, moisture conditions to two
to four percent above optimum moisture content, and compacted.
• On -site soils may be used for fill, provided that they are cleaned of any debris to the
satisfaction of the geotechnical engineer.
• All grading and fill placement activities should be completed in accordance with the
requirements of the recent IBC /CBC and the grading code requirements of the City of
Newport Beach.
• All fill soils should be compacted to at least 90 percent of the ASTM D -1557 maximum dry
density. Fill soils should be well mixed.
• Compaction tests should be performed periodically by the geotechnicai engineer as random
verification of compaction and moisture content. These tests are intended to aid the
contractor. Since the tests are taken at discrete locations and depths, they may not be
indicative of the entire fill and therefore should not relieve the contractor of his responsibility
to meet job specifications.
Hydrology and Water Quality
Construction Related Mitigation Measures
Noise
• Disposal or temporary placement of excess fill, brush, or other debris shall not be allowed in
waters of the United States or their banks.
• All equipment maintenance, staging, and dispensing of fuel oil, coolant, or any other such
activities shall occur in designated areas outside of waters of the United States within the
fenced project impact limits. These designated areas shall be located in previously
compacted and disturbed areas to the maximum extent practicable in such a manner as to
prevent any runoff from entering waters of the United States, and shall be shown on the
construction plans.
• Fueling of equipment shall take place within existing paved areas or designated fueling areas
away from waters of the United States. Contactor equipment shall be checked for leaks prior
to operation and repaired as necessary. "No-fueling zones" shall be designated on
construction plans and /or within the stormwater pollution prevention plan.
• Silt fencing, straw mulch, and straw bale check dams shall be installed as appropriate to
contain sediment within construction work areas and staging areas. Where soils and slopes
exhibit high erosion potential, erosion control blankets, matting, and other fabrics and/or
erosion control measures shall be implemented.
Standard Condition
Hours of noise - generating construction shall be limited to from 7 a.m. to 6:30 p.m. on
weekdays and from 8:00 a.m. to 6:00 p.m. on Saturdays. No construction shall be
permitted on Sundays or holidays. Adequate noise control measures at all construction
sites shall be ensured through the provision of mufflers and the physical separation of
machinery maintenance areas from adjacent uses.
Transportation and Traffic
Standard Conditions
The Traffic Engineer will require during the plan check review phase that the applicant install
a residential driveway approach per City Standard at the intersection of the proposed
driveway and the internal roadway.
Plantings at the intersection of the driveway and internal roadway shall be low growing, 24 inch
maximum, to ensure adequate sight distance for vehicles existing the driveway area.
41 >
Attachment No. PC 4
Site Photos
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Attachment No. PC 5
Project Plans
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2j00 Bonita Canyon Drive a ®wear
JUN 9 A t009
Ncw17ortBeacA CA
CPIY OF NEWPORT EEACH
ORAMTNG /NDEX
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NOTES
PROJECT ANALYSIS
BUILDING AREA CALCULATIONS
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