HomeMy WebLinkAbout2004-89 - Saint Mark Presbyterian Church - GPA2003-002 - PA2003-085RESOLUTION NO. 2004- 89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO, 2003 -002,
USE PERMIT NO. 2003 -015, TRAFFIC STUDY NO. 2004 -004 AND
PARCEL MAP NO. 2004 -036 FOR PROPERTY LOCATED AT 2200 SAN
JOAQUIN HILLS ROAD (PA2003 -085).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Saint Mark Presbyterian Church for
property identified as 2200 San Joaquin Hills Road located at the northwesterly comer of
the intersection of San Joaquin Hills Road and MacArthur Boulevard. The application
requests approval of a General Plan Amendment to change the land use designation from
Recreational and Environmental Open Space (REOS) to Government, Educational and
Institutional Facilities (GEIF) and establish a maximum development gross floor area of
34,000 square feet. The application also includes a Use Permit to allow the construction
of a new church complex with the main sanctuary building with a tower /cross element to
exceed the 32 -foot base height limit; approval of a Traffic Study pursuant to the Traffic
Phasing Ordinance; and approval of a Tentative Parcel Map to subdivide the existing
10.81 acre site.
WHEREAS, On September 23, 2004, the Planning Commission of the City of
Newport Beach held a noticed public hearing regarding this application.
WHEREAS, The Planning Commission voted unanimously (5 -0) to recommend
approval this General Plan Amendment, Use Permit, Traffic Study and Parcel Map to
the City Council. Prior to making the recommendation, the Planning Commission
reviewed the Draft EIR (State Clearinghouse No. 2003 - 101137) comment on the DEIR
and Responses to Comments and recommended certification of the DEIR as compliant
with California Environmental Quality Act.
WHEREAS, on October 12, 2004 the City Council held a public hearing in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given. Evidence, both
written and oral, was presented to and considered by the City Council at this meeting.
WHEREAS, as part of the development and implementation of the Newport
Beach General Plan, the Land Use Element has been prepared which, sets forth
objectives, supporting policies and limitations for development in the City of Newport
Beach and designates the general distribution and general location and extent of the
uses of land and building intensities in a number of ways, including floor area
limitations.
WHEREAS, the General Plan provides for a sufficient diversity of land uses so
that schools, employment, recreation areas, public facilities, churches and
neighborhood shopping centers are in close proximity to each resident of the
community. The proposed amendment does not impact the diversity of land uses by
allowing a religious institution on a site not previously designated for such uses.
WHEREAS, the City's General Plan dictates that the City insure redevelopment
of older or underutilized properties and preserve the value of property by allowing for
some modest growth, while maintaining acceptable levels of traffic service. The project
consists of an increase in the development allocation of 34,000 square feet, which will
not result in undesirable levels of service of the circulation system based upon the traffic
study prepared for the project.
WHEREAS, the General Plan calls for the siting of new buildings and structures
to be controlled and regulated to ensure, to the extent practical, the preservation of
public views, the preservation of unique natural resources, and to minimize the
alteration of natural landforms along bluffs and cliffs. The project proposes to develop a
site that is partially disturbed and partially occupied by natural vegetation. The small
canyon that may be considered a "unique natural resource" is proposed to be preserved
in nearly its existing state. The proposed project provides extensive landscaping to
soften the views of the proposed buildings by the public. No public views exist through
or across the subject property.
WHEREAS, the City's General Plan indicates that the City shall maintain suitable
and adequate development standards to ensure that the quality character of residential
neighborhoods are maintained and that non - residential projects are aesthetically
pleasing and compatible with surrounding land uses. The City maintains and
implements development standards through the Zoning Ordinance and through the
adoption of Planned Community District Regulations. The proposed project includes the
adoption of development regulations specific to the project site for inclusion within the
Big Canyon Planned Community development regulations. The proposed regulations
provide significant setbacks, building height limits, floor area limits, lot coverage limits,
standards for accessory structures and signage. These are found to be satisfactory for
the development and operation of the proposed church campus.
WHEREAS, development of the site is required to comply with the adopted
revised development regulations of the Big Canyon Planned Community District
Regulations relating to building height, setbacks, landscaping, signage and required
parking. The proposed project complies with the proposed development standards.
WHEREAS, the Recreation and Open Space (REDS) Element of the General
Plan indicates that Service Area 8 is deficient in active recreational area. The REOS
Element does not identify the project site as a potential location for a park. The Big
Canyon Country Club, which consists of approximately 191 acres of open space, is
located within Service Area 8 and provides recreational opportunities for the service
area. The recently developed Bonita Canyon Sports Park and related facilities are in
close proximity to the residents of Service Area 8. For these reasons, the change in the
land use designation thereby eliminating the opportunity to develop the site as a park is
not detrimental to the community.
WHEREAS, with the approval of the proposed General Plan Amendment and
Planned Community Regulations, the proposed location of the institutional use is in
accordance with the objectives of the Municipal Code and the purposes of the PC
district in which the site is located. Additionally, the Code recognizes that religious
facility often have structures that traditionally exceed established height limits and that
granting relief form the height restriction for facilities specifically identified as being used
for religious purposes is appropriate.
WHEREAS, the proposed location of the use 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 for the
following reasons:
1. All potentially significant environmental effects will either be avoided or reduced
to a less than significant level through the implementation of mitigation
measures.
2. Approximately 90% of the site will be open space and approximately 50% of the
site will be landscaped. A landscape buffer is planned between the south campus
parking area and adjacent residential uses which will screen the area and block
vehicle headlights from negatively affecting residents.
3. The project provides sufficient area to preserve a canyon feature (approximately
1.1 acres) in nearly its natural state.
4. The site provides parking in excess of the code requirement.
5. Access to the site can be provided safely from San Joaquin Hills Road and
MacArthur Boulevard with the creation of deceleration lanes and additional traffic
calming mitigation measures identified in the EIR and conditions of approval.
6. The average grade of the site will be lowered 8 -12 feet which will reduce the
visibility of the site from adjacent public roadways. The lowering of the grade will
reduce the height and mass of the buildings proposed for the south campus in
relation to adjacent residential uses.
7. The increased height of the sanctuary building is not detrimental to adjacent
properties given the setbacks proposed and separation from nearby residences.
The taller, tower /cross feature is relatively small and located on the opposite side
of the sanctuary further away from residences.
8. Conditions of approval have been included that will ensure that lighting is
contained within the site to the maximum extent.
WHEREAS, Charter Section 423 requires all proposed General Plan
Amendments to be reviewed to determine if the square footage, peak hour vehicle trip
or dwelling unit thresholds have been exceeded and a vote by the public is required.
Voter approval project is not required as the project represents a projected increase of
71 — A.M. and 90— P.M. peak hour trips, 34,000 square feet of non - residential floor area
and zero residential units. These increases do not cumulatively exceed Charter Section
423 thresholds for a vote as there are no previous amendments approved for Statistical
Area L2. The project will be tracked as a prior amendment per Charter Section 423 and
Council Policy A -18.
WHEREAS, a Traffic Study was prepared by Urban Crossroads under the
direction and supervision of the City Transportation /Development Services Manager in
accordance with the requirements of the Traffic Phasing Ordinance (TPO). The study
found that the proposed project would not cause the Level of Service of the eight study
intersections to deteriorate below a Level of Service D.
WHEREAS, the proposed subdivision is consistent with the proposed General
Plan Amendment, Planned Community amendment and the parcel map is consistent
with the Newport Beach Subdivision Code (Title 19) and the Subdivision Map Act.
WHEREAS, the Final Environmental Impact Report (State Clearinghouse No.
2003101137) certified by City Council Resolution No. 2004 -88 identifies potential
significant impacts to the environment and certain mitigation measures designed to
reduce or avoid these impacts to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED
Based on the aforementioned findings, the City Council hereby approves General Plan
Amendment No. 2003 -002 per the revised estimated growth table and site description
depicted in Exhibit "A" and revised Land use Map depicted in Exhibit "B ", Use Permit No.
2003 -015, Traffic Study No. 2004 -004 and Parcel Map No. 2004 -036 subject to the
Conditions of Approval set forth in Exhibit "C ".
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on the 12th day of October,
2004 by the following vote to wit:
AYES, COUNCIL MEMBERS Heffernan, Rosansky, Bromberg, Webb, Daigle,
Nichols, Mayor Ridgeway
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERS None
MAYOR
ATTE T: y)n 4
CITY CLERK
Exhibit "A"
The following language and amended table will be added to the Land Use Element and
all other provisions of the Land Use Element shall remain unchanged:
Big Canyon (Statistical Area 1-2)
18. Religious Institution Site. This 7.38 acre site located at the northwesterly corner
of San Joaquin Hills Road and MacArthur Boulevard is designated for
institutional facilities and is designated Government, Educational and Institutional
Facilities (GEIF). Maximum development permitted is 34,000 square feet. The
approximate 1.10 acre natural canyon feature cannot be altered or developed.
ESTIMATED GROWTH FOR STATISTICAL AREA L2
Residential (in du's)
Commercial (in sq. ft.)
Existing
Gen. Plan
Projected
Existing
Gen. Plan
Projected
01/01/1987
Projection
Growth 01/01/1987
Projection
Growth
1. Area 1
83
83
0
0
0
0
2. Area 2
17
17
0
0
0
0
3. Area 3
12
12
0
0
0
0
4. Area 4
66
66
0
0
0
0
5. Area 5
61
61
0
0
0
0
6. Area 6
61
61
0
0
0
0
7. Area 7
26
26
0
0
0
0
8. Area 8
34
34
0
0
0
0
9. Area 9
66
67
1
0
0
0
10. Area 10
5
21
16
0
0
0
11. Area 11
25
25
0
0
0
0
12. Area 12
117
117
0
0
0
0
13. Area 13
43
43
0
0
0
0
14. Area 14
74
74
0
0
0
0
15. Area 15
0
0
0
1,834
2,300
466
16. Area 16
0
80
80
0
0
0
17. BC Country
1
1
0
51,058
65,000
13,942
18. Religious Institution
0
0
0
0
34,000
34,000
TOTAL
691
788
97
52,892
101,300
48,408
Population
1,368
1,560
192
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Exhibit "C"
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO. 2003 -002, USE PERMIT NO. 2003 -015, TRAFFIC
STUDY NO. 2004 -004 AND PARCEL MAP NO. 2004 -036
1. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
2. The development shall be in substantial conformance with the approved site plans,
floor plans, and elevations marked as Attachment No. 5 to the City Council Staff
Report for PA2003 -085 dated September 23, 2004.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Use Permit No. 2003 -015 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
9. Traffic Study No. 2004 -004 shall expire unless exercised within 24 months from the
date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal
Code. This approval shall be deemed exercised by the issuance of a building
permit to construct the proposed church complex.
10. Pursuant to the Traffic Phasing Ordinance, construction of all proposed buildings
shall be completed no more than 60 months from the date of final approval of
Traffic Study No. 2004 -004.
11. Should this site be sold or otherwise come under different ownership or be
operated by a different entity than the applicant, any future owners, assignees or
operators shall be notified of the conditions of this approval by the current owner or
leasing company.
12. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and
approval by the Newport Beach Building Department and the Fire Department.
13. The proposed project shall conform to the requirements of the Uniform Building
Code, any local amendments to the UBC, and State Disabled Access
requirements, unless otherwise approved by the Building Department.
14. All work conducted within the public right -of -way shall be approved under an
encroachment permit issued by the Public Works Department.
15. The bridge /driveway between the north and south campus shall be capable of
supporting 72,000 pound total weight of fire apparatus including point design
outrigger of 75 psi over a 2 square foot area.
16. The California registered professional engineer seal shown on the civil plan
sheets shall bear the name of the professional responsible for said designs.
17. Prior to the final of building permits, per the City of Newport Beach Municipal Code
and City Council Policies, new street trees shall be planted along the San
Joaquin Hills Road frontage.
18. Prior to the issuance of building permits the final design of all on -site parking,
vehicular circulation and pedestrian circulation shall be subject to the approval of
the Traffic Engineer. The location, number as dimensions of the parking spaces
shall be in substantial conformance the approved site plans dated March 3, 2003.
19. A minimum of 237 parking spaces shall be provided on -site. Of these, all South
Campus Spaces and the 15 spaces directly adjacent to the pre - school shall be
provided during the first phase. All parking spaces shall be kept clear of
obstructions and made available for the parking of vehicles at all times.
20. The 35 spaces adjacent to the expansion building site shall be installed when
determined necessary by the City Traffic Engineer and Planning Director.
21. Prior to the issuance of grading /building permits Fair Share Traffic Fees shall be
paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code.
22. Prior to the issuance of grading /building permits transportation corridor fees shall
be paid in accordance with the TCA Major Thoroughfare and Bridge Fee
Program.
23. The operator of the facility shall be responsible for the control of noise generated by
the subject facility. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 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:
24. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
25. All proposed signs shall be in substantial conformance with the with signs
included in the approved set of plans dated March 21, 2003. The final location of
the signs shall be reviewed by the City Traffic Engineer and shall conform to City
Standard 110 -L to ensure that adequate sight distance is provided.
26. No temporary "sandwich" signs or similar temporary signs shall be permitted, either
on -site or off -site, to advertise services provided.
27. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
28. 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.
29. Prior to the issuance of grading permits, Prior to the commencement of
construction and before a grading permit is issued; a Stormwater Pollution
Prevention Plan ( SWPPP) shall be prepared and approved by the City of
Newport Beach as the local permitting agency in accordance with the
requirements of the Regional Water Quality Control Board (RWQCB). The
SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution
prior to, and during construction. The SWPPP shall require construction to occur
in stages and stabilized prior to disturbing other areas and require the use of
Between the hours of
Between the hours of
7:OOAM and
10:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
propeqy
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
60dBA
24. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
25. All proposed signs shall be in substantial conformance with the with signs
included in the approved set of plans dated March 21, 2003. The final location of
the signs shall be reviewed by the City Traffic Engineer and shall conform to City
Standard 110 -L to ensure that adequate sight distance is provided.
26. No temporary "sandwich" signs or similar temporary signs shall be permitted, either
on -site or off -site, to advertise services provided.
27. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
28. 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.
29. Prior to the issuance of grading permits, Prior to the commencement of
construction and before a grading permit is issued; a Stormwater Pollution
Prevention Plan ( SWPPP) shall be prepared and approved by the City of
Newport Beach as the local permitting agency in accordance with the
requirements of the Regional Water Quality Control Board (RWQCB). The
SWPPP shall include BMPs to eliminate and /or minimize stormwater pollution
prior to, and during construction. The SWPPP shall require construction to occur
in stages and stabilized prior to disturbing other areas and require the use of
temporary diversion dikes and basins to trap sediment from run -off and allow
clarification prior to discharge.
30. Prior to the issuance of a grading permit, the applicant shall prepare a Water
Quality Management Plan (WQMP) specifically identifying the Best Management
Practices (BMP's) that will be used on site to control predictable pollutant runoff.
The plan shall identify the types of structural and non - structural measures to be
used. The plan shall comply with the Orange County Drainage Area
Management Plan (DAMP). Particular attention should be addressed to the
appendix section 'Best Management Practices for New Development." The
WQMP shall clearly show the locations of structural BMP's, and assignment of
long term maintenance responsibilities (which shall also be included in the
Maintenance Agreement). The plan shall be prepared to the format shown in
"Attachment C" of the DAMP title 'Water Quality Management Plan Outline" and
be subject to the approval of the City.
31. To the maximum extent practicable, no grading of CSS habitat that is occupied
by nesting gnatcatchers will occur during the breeding season (February 15
through July 15).
32. Prior to the issuance of grading permits, or other activities involving significant
soil disturbance, all areas of CSS habitat to be avoided under the provisions of
the NCCP /HCP, shall be identified with temporary fencing or other markers
clearly visible to construction personnel. Additionally, prior to the
commencement of grading operations or other activities involving disturbance of
CSS, a survey will be conducted to locate gnatcatchers and cactus wrens within
100 feet of the outer extent of projected soil disturbance activities and the
locations of any such species shall be clearly marked and identified on the
construction /grading plans. A minimum of three surveys will be conducted, at
least one week apart, in order to determine the presence or absence of the
coastal California gnatcatcher in conformance with the survey protocol issued on
August 6, 1997, by the USFWS. These surveys may be conducted at any time
during the year; however, surveys conducted between February 15 and August
30 are preferred.
33. A monitoring biologist, acceptable to the USFWS and CDFG shall be on -site
during any clearing of CSS. The landowner or relevant public agency will advise
the USFWS and CDFG at least seven calendar days, and preferably 14 calendar
days, prior to the clearing of any habitat occupied by Identified Species to allow
the USFWS and CDFG to work with the monitoring biologist in connection with
bird flushing andlor capture activities.
34. Following the completion of initial grading or earthmoving activities, all areas of
CSS habitat to be avoided by construction equipment and personnel will be
marked with temporary fencing or other appropriate markers clearly visible to
construction personnel. No construction access, parking, or storage of
equipment of materials will be permitted within the marked areas.
35. Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
create a public nuisance. "Walpak" type fixtures are not permitted. All exterior
lighting fixtures shall have zero cut -off fixtures and light standards for the parking
lot shall not exceed 20 feet in height. Light standards for exterior walkways shall
not exceed 10 feet in height. Other exterior light sources shall be no higher than
4 feet.
36. Prior to the issuance of building permits The applicant shall prepare a
photometric study in conjunction with a final lighting plan for approval by the
Planning Director prior to the issuance of a building permit. The buildings and
grounds shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or,
based on 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.
37. Prior to issuance of the certificate of occupancy or final of building permits the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare specified in Condition
Nos. 35 & 36.
38. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate,) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection
agencies. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
39. The applicant shall ensure that the trash dumpsters and /or receptacles are
maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Department. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, including
all future amendments (including Water Quality related requirements).
40. Prior to the issuance of building permits the trash enclosure design shall be
approved by the Planning Department. The trash enclosure shall be enclosed by
three walls, a self closing, self latching gate and have a have a decorative, solid
roof for aesthetic and screening purposes. The design of the enclosure shall be
integrated with the design of the other on -site buildings and structures.
41. All landscape materials and landscaped areas shall be installed and 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.
42. Prior to the issuance of a building permits the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and
the plans shall be approved by the Planning Department, General Services
Department and Public Works Department. All planting areas shall be provided
with a permanent underground automatic sprinkler irrigation system of a design
suitable for the type and arrangement of the plant materials selected. The
irrigation system shall be adjustable based upon either a signal from a satellite or
an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be
protected by a continuous concrete curb or similar permanent barrier.
Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
43. Prior to the issuance of a certificate of occupancy, the applicant shall schedule
an inspection by the Code and Water Quality Enforcement Division to confirm
that all landscaping materials and irrigation systems have been was installed in
accordance with the approved plans.
44. Prior to issuance of a gradinq permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to
observe grading activities and conduct salvage excavation of archaeological
resources as necessary. The archeologist shall be present at the pre - grading
conference, shall, establish procedures for archaeological resource surveillance,
and shall establish, in cooperation with the applicant, procedures for temporarily
halting or redirecting work to permit the sampling, identification and evaluation of
the artifacts as appropriate. If additional or unexpected archaeological features
are discovered, the archaeologist shall report such findings to the applicant and
to the Planning Department. If the archeological resources are found to be
significant, the archaeological observer shall determine appropriate actions, in
cooperation with the applicant, for exploration and /or salvage. These actions, as
well as final mitigation and disposition of the resources, shall be subject to the
approval of the Planning Director.
45. Prior to issuance of a grading permit the applicant shall provide written evidence
to the Planning Department that a qualified paleontologist has been retained to
observe grading activities and salvage fossils as necessary. The paleontologist
shall be present at the pre - grading conference, shall establish procedures for
paleontological resource surveillance, and shall establish, in cooperation with the
applicant, procedures for temporarily halting or redirecting work to permit the
sampling, identification and evaluation of the fossils. If major paleontological
resources are discovered which require long term baiting or redirecting of
grading, the paleontologist shall report such findings to the applicant and to the
Planning Department. The paleontologist shall determine appropriate actions, in
cooperation with the applicant, which ensure proper exploration and /or salvage.
These actions, as well as final mitigation and disposition of the resources, shall
be subject to the approval of the Planning Director.
46. Prior to the issuance of grading /building permits, the applicant shall prepare a
construction phasing plan and construction delivery plan that includes routing of
large vehicles. The plan shall include a haul route plan for review and approval of
the Public Works Department. Said plan shall specify the routes to be traveled,
times of travel, total number of trucks, number of trucks per hour, time of
operation, and safety /congestion precautions (e.g., signage, flagmen). Large
construction vehicles shall not be permitted to travel narrow streets and alleys as
determined by the Public Works Department. Traffic control and transportation of
equipment and materials shall be conducted in accordance with state and local
requirements.
47. Construction vehicles shall not block roadways on any roads adjacent to the
project site or any of the roads leading to or from the project site.
48. During construction of the proposed improvements, construction equipment will
be properly maintained at an off -site location and includes proper tuning and
timing of engines. Equipment maintenance records and equipment design
specification data sheets shall be kept on -site during construction.
49. During construction of the proposed improvements, all contractors will be advised
not to idle construction equipment on site for more than ten minutes.
50. During construction of the proposed improvements, on -site diesel fueled
construction equipment will be fueled with aqueous diesel fuel.
51. Prior to the issuance of grading /building permits, the final design of all required
off -site right of way improvements shall be reviewed and approved by the Public
Works Department and Traffic Engineer. These improvement shall include, but
are not limited to the following:
• Provide a right turn lane at the driveway along San Joaquin Hills Road to
separate project traffic from the through traffic flows.
• Re- stripe the free right turn lane to provide a 10 -foot wide lane along the
curve and install raised pavement markers at 10 -foot intervals or other
improvements to reduce right- turning vehicular speeds.
• Eliminate the painted crosswalk in the free right hand turn lane or other
improvements to reduce right- turning vehicular speeds.
• Install a 15 MPH" sign at the beginning of the curve of the free right hand
turn lane in order to reduce vehicular speeds or other improvements to
reduce right- turning vehicular speeds.
• Provide a minimum 150 -foot westbound right turn pocket along San
Joaquin Hills Road at the project driveway.
• Provide the maximum length possible right turn pocket along MacArthur
Boulevard at the project driveway. The turn pocket shall extend as long as
necessary to meet standard traffic engineering requirements as determined
by the Transportation /Development Services Manager, but is not required
to be so long as to necessitate the relocation of the SCE power pole.
• Sight distance at the MacArthur Boulevard access point shall be reviewed
with respect to standard Caltrans and City of Newport Beach sight distance
standards.
52. The pastoral staff shall distribute to the congregation and visitors maps that
depict the following exit route from the San Joaquin Hills Road access point: San
Joaquin Hills Road to Santa Rosa Road to Newport Center Drive to San Miguel
Drive to MacArthur Boulevard.
53. Prior the issuance of buildinq permits the project shall be reviewed by the
Building Department to verify compliance with the following requirements related
to geology and soils:
• Project design must comply with the 1997 Uniform Building Code (UBC)
seismic design criteria.
• Structure setback must comply with either the 1997 Uniform Building Code
(UBC) or the Orange County Grading Manual.
• Any imported soil for general grading shall have a Expansion Index of less
than 60.
• Control site drainage.
• Design footing embed ments to resist the effects of expansive soil.
• Maintain a proportionately high dead load component on foundations.
• Over- excavate and moisture soils condition below foundations, floor slabs
and hardscape.
• Use of articulation and reinforcement of concrete slabs and footings.
• Use of rigid foundation and floor slabs.
54. A parcel map is required and shall be recorded within 3 years from the date of
approval if the tentative parcel map unless an extension is granted by the
Planning Director. Said map shall include the necessary easements for
pedestrians and public utilities along the San Joaquin Hills Road and MacArthur
Boulevard frontages and for public utilities within the development site.
55. A standard subdivision agreement and accompanying surety shall be provided in
order to guarantee satisfactory completion of the public improvements if it is
desired to record a tract map or obtain a building permit prior to completion of the
public improvements.
56. A final map shall be recorded prior to the issuance of a certificate of occupancy.
That the final map be prepared so that the Bearings relate to the State Plane
Coordinate System. The final map shall be prepared on the California coordinate
system (NAD83) and that prior to recordation of the final map, the
surveyor /engineer preparing the map shall submit to the County Surveyor and to
the City of Newport Beach a digital - graphic file of said map in a manner
described in Section 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision
Code and Orange County Subdivision Manual, Subarticle 18. That prior to
recordation of the final map, the surveyor /engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot
corner unless otherwise approved by the Subdivision Engineer. Monuments
shall be protected in place if installed prior to completion of construction project.
57. All applicable Public Works Department plan check fees and inspection fees shall
be paid prior to recordation of the parcel map.
58. The applicant shall be responsible for the payment of all administrative costs
identified by the Planning Department within 30 days of receiving a final notification
of costs or prior to the issuance of a Building Permit.
59. Prior to the issuance of a certificate of occupancy, an emergency access road
with a rolled curb and surface capable of supporting fire department apparatus
shall be provided at or near the location of the proposed MacArthur access point
shown on the approved plans. The final design shall be subject to the review and
approval by the Fire Department, Public Works Department and Planning
Department. (This condition is only applicable in the event that the MacArthur
Boulevard Access is not constructed.)
60. The tower /cross is limited to a maximum height of 51 feet above existing grade.
61. The property owner of Parcel 1, as shown on Parcel Map No. 2004 -004, shall be
responsible for installing and maintaining landscaping between the existing
sound wall an public right of way and any portion of Parcel 1 visible from public
right of way. All landscape materials and landscaped areas shall be installed and
maintained in accordance with a landscape plan approved by the Planning
Director. 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -89 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th
day of October, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of October, 2004.
(Seal)
City Clerk
Newport Beach, California