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HomeMy WebLinkAbout18 - Attachment BATTACHMENT NO. B PLANNING COMMISSION RESOLUTION NO. 1696 0 RESOLUTION NO. 11696 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH ADOPTING MITIGATED NEGATIVE DECLARATION (SCH NO. 2006 - 061170) AND APPROVING USE PERMIT NO. 2006 -020 AND TRAFFIC STUDY NO. 2006 -002 FOR PROPERTY LOCATED AT 2046 AND 2100 MAR VISTA DRIVE (PA2006 -092) WHEREAS, an application was filed by Our Lady Queen of Angels (OLQA) Church for properties identified as 2046 and 2100 Mar Vista Drive located on the south side of Mar Vista Drive, west of Eastbluff Drive and Jamboree Road. The application requests the approval of a Use Permit to allow the expansion of the existing church and school facilities; to allow a proposed church building to exceed the permitted building height of 35 feet (90 feet proposed for the steeple); to allow the transfer of development intensity between the two sites in accordance with Section 20.63.080 of the Municipal Code; and to allow ten (10) portable classrooms to be located on the school site during the construction period. Traffic Study approval pursuant to the Traffic Phasing Ordinance (TPO) is also requested. The expansion includes the construction of a 1,170 -seat santuary, ten (10) additional classrooms, and a 9,450 square foot gymnasium. WHEREAS, on August 17, 2006 and September 7, 2006, the Planning Commission held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the project applications, the Mitigated Negative Declaration and comments received thereon were considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing. WHEREAS, the project site is located in the Eastbluff GEIF Section of the Bluffs Area (Statistical Area K2) of the Land Use Element and has a land use designation of Government, Educational, & Institutional Facilities. The site is zoned GEIF (Government, Educational, & Institutional Facilities). The expanded church and school is consistent with these designations. WHEREAS, the existing acreage of the OLQA church property (2046 Mar Vista Drive) is improved with an 872 -seat sanctuary, a parish center, a rectory, a K -8 elementary school for 315 students, and a pre - school facility for 35 children. The total square footage for the entire facility is 58,160 square feet. The church property presently has a total of 213 on -site parking spaces. WHEREAS, the acreage of the St. Mark property (2100 Mar Vista Drive) is presently improved with a 12,394 square foot church with a maximum seating capacity of 350 people. The existing preschool located on the site has an enrollment capacity of 70 students and the gross floor area for all buildings M City of Newport Beach Planning Commission Resolution No. Page 2 of 20 combined is 15,324 square feet. The property has a total of 137 on -site parking spaces. WHEREAS, the two properties have a combined acreage of 12.17 and church seating capacity of 1,222 people, a school capacity of 420 students, 350 parking spaces, and 73,484 square feet of development on 12.37 acres of land, which results in a floor area ratio (FAR) of 0.14. The proposed project will have a FAR of 0.17. WHEREAS, the proposed project is located in the Eastbluff area and it is bounded by single - family and multiple - family residential developments. Institutional uses are also present in that Corona Del Mar High School, the former St. Mark Church and OLQA are also part of the community. No change to the land use designation (Governmental, Educational & Institutional Facilities) is proposed. The proposed expansion of the OLQA Church and school is consistent with historic use of the properties and the General Plan. The application does not include the introduction of new uses inconsistent with the land use designation of the General Plan nor does it change the diversity of uses. The proposed expansion and modernization program will provide expanded educational and spiritual facilities in close proximity to residents. WHEREAS, the City's General Plan allows for the redevelopment of older or underutilized properties to preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The expansion, redevelopment and modernization of the existing school and church is consistent with this policy as it will not result in undesirable levels of service of the circulation system based upon traffic study prepared for the project and the resulting combined FAR does not exceed the maximum allowable floor area of Land Use Element. The studied intersection of Jamboree Road and Eastbluff Drive/Ford Road is evaluated and forecasted to operate at Level of Service B or better when project - related traffic is added to futu7e growth and approved project traffic. WHEREAS, the Land Use Policy Nos. 2.1, 6.1 and 6.2.5 of the 2006 Land Use Element ensure that there is adequate supported uses to serve the needs of Newport Beach's residents and businesses and these uses are compatible with the adjoining residential neighborhood. The proposed church expansion is intended to provide for the current and future demands for church participation and school enrollment for the community. The suggested conditions of approval will ensure the compatibility of the project. Operational limitations coupled with enhanced reporting /monitoring provisions, increased parking supply, and better traffic circulation on the church and school sites will also mitigate existing congestion and the impact of future activities. k0 City of Newport Beach Planning Commission Resolution No. Page 3 of 20 WHEREAS, the current and proposed maximum permitted floor area ratio (FAR) for the Eastbluff GEIF Section in which both properties are located is 0.17. The combined FAR with the project approval is 0.17 and therefore would be in compliance with the maximum floor area ratio allowance designated by both the 1988 and 2006 Land Use Elements of the General Plan. WHEREAS, the City's 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. No public views exist through or across the subject property and no natural landforms presently exist at either property. WHEREAS, the total combined 18,146 gross square foot expansion to the existing religious facility at both properties and use, as proposed while operating under the proposed conditions, would be operated and /or maintained consistent with the General Plan and the purpose of the proposed 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. The combining of the various schools presently occurring at OLQA and St. Mark's with the scheduling of start time to not coincide with the Corona del Mar High School will reduce the potential circulation impact of the proposed OLQA school expansion on the community. 2. The development provides parking in excess of the Zoning Code requirement. A total of 439 spaces will be provided, 163 of which will be provided -on the school site and 276 will be provided on the church site, thereby satisfying the City code requirement of 390 spaces for the 1,170 - seat sanctuary. Although the project will provide 49 more parking spaces than required by the Zoning Code, vehicle occupancy surveys and church attendance records indicate that the parking demand could exceed capacity during the most heavily attended Sunday morning services and on religious holidays, funerals and other popular celebrations. To ensure that adequate parking will be provided for the church facility without parking at the Corona del Mar High School or the street, the project is required to implement a parking management plan to ensure full and efficient use of available off- street parking resources. 3. The driveways between the church and school properties have been reviewed and approved by the Traffic Engineer to minimize hazards. Vehicular access to the school site will be reduced from. four driveways 1i City of Newport Beach Planning Commission Resolution No. Page 4 of 20 along Mar Vista Drive to two driveways, which improve the overall traffic circulation by reducing potential points of conflict. 4. The project as conditioned will provide better parking management and monitoring provisions, which should increase the efficient use of off - street parking facilities at both properties, reduce on- street parking demands, re- direct traffic generated by the church and its school away from sensitive residential streets, and reduce parking conflicts created by traffic and parked vehicles from the church and its school. These beneficial factors will help preserve and enhance the residential areas abutting the project site that would not otherwise be realized without project approval. WHEREAS, the proposed transfer of development intensity would result in a more efficient use of land due to the two properties operating under a single ownership. The church, school, social and counseling activities are being proposed to operate in a coordinated manner, under the proposed use permit which, with the conditions of approval, will minimize the parking demand on nearby residential streets at peak periods with the implementation of the parking management plan and student drop- off /pick -up plan. WHEREAS, the proposed transfer of development of approximately 10,023 square feet from the St. Mark Church property (4:37 -acre parcel) to the OLQA School property (8.00 -acre parcel) would result in less floor area and is on the smaller parcel closest to the single - family residential zone across Eastbluff Drive. The church property (donor parcel) is able to accommodate more landscaping and open space than would otherwise be provided, which will enhance the aesthetics of the site and assist to mitigate the mass of the proposed church. Additionally, the transfer of development intensity would allow multiple church supported uses (parish hall and offices, school and gymnasium) to cluster on the school property (recipient parcel) which centralizes the service areas of these buildings. WHEREAS, the increased entitlement of the school property would not create abrupt changes in building scale or mass located within the existing surrounding neighborhood. The proposed gymnasium is designed consistently with the height limits, within the scale of the existing nearby institutional buildings and is located away from residential structures. The one -story school buildings are placed along Domingo Drive near similar buildings where there is an adequate building setback and landscaping provided. The school site is 8.0 acres and due to its size, the increased entitlement of 10,023 square feet would not likely create abrupt scale relationship within the existing height limit. The site is also bounded by public streets which also provide additional separation of buildings. 1 �' City of Newport Beach Planning Commission Resolution No. Page 5 of 20 WHEREAS, the proposed one -story expansion to the school buildings and the construction of a new gymnasium and a church are compatible with the surrounding area in their building height, mass, setbacks and landscaping. The planning of the sites provides for the placement of the gymnasium and church away from residences located on Domingo Drive. The new sanctuary, even though it will be larger than the former church building (St. Mark's) both in size and capacity, has been placed so that it will have the least visual impact on the surrounding uses. WHEREAS, there are no public views that would be impacted by the proposed development. The increased site is physically suitable for the development proposed as the entire school site is developable with no slopes, submerged areas or sensitive resources. The school site, as proposed, affords abundant area for building setbacks, landscaping, on -site parking and pedestrian and traffic circulation, while providing sufficient outdoor area for the school operation. WHEREAS, the transfer of development intensity would not result in a net negative impact on the overall circulation< system as the proposed application consists of the consolidation of the two religious facilities and three educational operations to a single religious facility and a K -8 private school. The church site would be used for religious gathering purposes while the school site would be occupied by the church's ancillary uses. The church ancillary uses (parish hall and offices, school and gymnasium) will be developed to cluster on the. school site to centralize the service areas of these buildings. The increase in school enrollment of 180 students is expected to have a less than significant impact when combined with the reduction of driveways, improved on -site circulation, additional on -site parking, and enhanced parking and circulation management. WHEREAS, the increased height of the sanctuary building will not be detrimental to the surrounding properties, given the setbacks proposed and the separation from the nearby residences and public ways. The primary bulk of the building is 55 feet high and the taller, tower /cross feature is relatively small in bulk and is located on the southeast corner of the sanctuary away from residences. The new sanctuary has building setbacks of approximately 61 feet from the north property line, 45 feet from the east property line, 250 feet from the south property line and 135 feet from the west property line. The project incorporates the use of trees and shrubs to screen the parking areas and the existing mature trees along Eastbluff Drive and Jamboree Road will further provide screening of the church. WHEREAS, the ten portable classrooms to be located on the school site would be removed upon completion of the new classrooms and are necessary for the operation of the school during construction. The premises would be restored 15 City of Newport Beach Planning Commission Resolution No. Page 6 of 20 to its former condition to ensure there would not be a long term negative impact to the community. WHEREAS, a Traffic Study has been prepared by Austin -Foust Associates under the supervision of the City Traffic Engineer pursuant to the TPO and its implementing guidelines (Appendix E of the Mitigated Negative Declaration), CEQA analysis for cumulative projects and intersection capacity utilization (ICU), neighborhood impacts analysis, site access and circulation and parking analysis. The project will result in a net increase of 19 new average daily trips, 27 vehicle trips during morning (AM) peak hour and a decrease of 56 vehicle trips during the afternoon (PM) peak hour. The study concluded that the proposed project will not cause a significant impact at the study area intersection of Jamboree Road and Eastbluff Drive /Ford Road; therefore, no improvements are required at this intersection. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance Wth the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between June 30 and July 30, 2006. Comments were received from the Gas Company, California Cultural Resource Preservation Alliance, Inc. (CCRSA) and Mr. & Mrs. Doremus. Additionally, the review period has been extended to an additional 20 days, from August 4 to August 23, 2006, to give the general public additional time to review and comment on the environmental document. Notice of the extended comment period has been provided in accordance with the CEQA guidelines. Comments were received from Amigo Properties LP (Katherine Johansen), The Gas Company and the Department of Transportation District 12. The contents of the environmental document, including comments on the document and responses prepared by staff, have been considered in the various decisions on this project. WHEREAS, on the basis of the entire environmental review record, the proposed project 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 are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Planning Commission's independent k� Lity of Newport Beach Planning Commission Resolution No. Page 7 of 20 judgment and analysis. The Planning Commission hereby adopts Mitigated Negative Declaration SCH No. 2006 - 061170 included therewith. The document 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. Section 2. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2005 -090 and Traffic Study No. 2006 -002, all subject to Conditions of Approval in Exhibit "A" attached hereto and made part hereof. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF SEPTEMBER 2006. AYES: Eaton, Peotter, Hawkins, Cole, Toerge and Henn NOES: None ABSENT: McDaniel �5 'i City of Newport Beach Planning Commission Resolution No. Page 8 of 20 Exhibit "A" Conditions of Approval Use Permit No. 2005 -020 & Traffic Study No. 2006 -002 OPERATIONAL CONDITIONS The sanctuary shall have a maximum of 1,170 seats, not including a 32 -seat reservation chapel. 2. A minimum of 45 minutes shall be maintained between the two largest Sunday worship services (8:30 a.m. and 10:00 a.m.) and religious holiday services and a minimum of 30 minutes between the other services. 3. The maximum school enrollment capacity shall be 600 students 4. The daily start time for the OLQA School shall be established annually in response to the Corona del Mar High School's publication of their start time. OLQA School shall establish their start time not less than 20 minutes prior, or less than 15 minutes after, the Corona del Mar High School published start time. 5. There shall be no weddings and /or other large assembly uses (200 people or more) of the sanctuary allowed during weekdays when the OLQA School is in session. This provision shall not apply to the weekly school mass. Other assembly uses such as memorial services, weddings or large assembly uses of the sanctuary are allowed during weekdays when OLQA School in session with the implementation of parking management plan. 6. The on -site parking facilities on the school and church properties shall not be used for activities other than parking and loading /unloading. Notwithstanding this limitation, use of the main school parking lot on the school property, on a day to day basis as the children's play area in conjunction with the school, is permitted to the extent that the parking spaces are not otherwise needed. 7. Use of the gymnasium shall be limited to church and school sponsored events. The sponsored events are defined as events whose primary focus is an activity for the members of the church and /or school. It does not include youth or adult recreational events which are open to members of the general public, such as basketball or volleyball tournaments or leagues or similar types of events. �lo City of Newport Beach Planning Commission Resolution No. Page 9 of 20 8. Except for supporting uses such as church choir and/or break room, the community room located on the church property shall not be used for religious services nor shall it be used for assembly purposes concurrently with services perform in the sanctuary. No television monitors and /or telecast devices to be used for religious service purposes are allowed in the community room concurrently with services.perform in the sanctuary. 9. A Special Events Permit shall be 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. DEVELOPMENT CONDITIONS Buildina Department 10.The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 11. 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. 12.The applicant shall make an appointment with the Building and Fire Departments for preliminary code analysis prior to the building plan check submittal. Fire Department 13.All parking aisles shall have a 20 -foot inside and 40 -foot outside turning radius for fire apparatus. 14. Fire Service Underground shall be illustrated on the Civil Plans and shall be submitted and approved under separate plan check and permit. The Civil plans shall be submitted with information at outlined in the Fire Department's Private Hydrant and Sprinkler Supply Line Underground Piping Guideline and shall not be approved until the Fire Service Underground plans have been approved. 5q City of Newport Beach Planning Commission Resolution No. Page 10 of 20 2046 Mar Vista — School Site 15.The applicant shall provide automatic fire sprinkler system to the existing school buildings located along Domingo Drive. 16.All buildings located near the Parish Hall shall change their addresses to 2046 Mar Vista Drive. Buildings shall be individually identified by letter. 17.A fire alarm control panel shall be provided at the Parish Hall and all buildings located on site shall be tied to the panel. Initiating and supervisory signal shall specify device and location at the control panel and at the monitoring station. 18.The applicant shall either keep the existing or provide emergency access (two locations) off of Domingo Drive site to the existing school buildings. 19. Fire sprinklers shall be required for the proposed gym and shall be tied to the existing underground system. 2100 Mar Vista — Church Site 20. Two on -site fire hydrants shall be provided at the opposite ends of the parking lot. Locations shall be determined by the Fire Department. 21. Fire alarm and fire sprinkler system shall be required. 22. FDC shall be provided on street where the church building is addressed. FDC should be located an approximately 30 feet from the hydrant on Domingo Drive. Planning Department 23.The development shall be in substantial conformance with the plans "marked °Received on July 27, 2006" except as modified by other conditions. 24.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 25.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. V� City of Newport Beach Planning Commission Resolution No. Page 11 of 20 26. Project approvals shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 27.This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the use or one or more of the conditions set forth herein is not being complied with, or the manner in which the project 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. 28.A noticed twelve -month review by the Planning Commission, from the date of commencement of the church operation shall be required. 29.A noticed twelve -month review by the Planning Commission, from the date of school full enrollment shall be required. 30.The maximum gross floor area allocated for the expansion of the existing school including the gymnasium shall be 22,184 square feet. The total allowable floor area for the school site at 2046 Mar Vista Drive shall be limited to a maximum of 69,294 square feet or 0.20 FAR. 31. The maximum gross floor area allocated for the new sanctuary on the church property at 2100 Mar Vista Drive shall be 22,336 square feet or 0.12. 32.The total maximum allowable floor area for the school and church properties shall be limited to 91,630 square feet or a combined FAR of 0.17. 33. Prior to issuance of building permits for any new construction, a covenant or other suitable, legally binding agreement to be approved by the City's Attorney Office shall be recorded against the decreased site (2100 Mar Vista Drive) assuring that all of the conditions of approval of this Use Permit will be met by the current and future property owner(s). 34. Upon completion of the school expansion and renovation, the portable classrooms shall be removed from the school campus. 35. The church tower shall be limited to a maximum height of 75 feet and a cross located on top of the tower to a height of 90 feet, measured from existing grade. 36. The cross and tower above the ridgeline of the church shall not be illuminated. Any architectural lighting of the sanctuary shall be aimed to illuminate the structure and shall avoid missing the structure to the maximum extent feasible. 0 City of Newport Beach Planning Commission Resolution No. Page 12 of 20 Lighting of the cross and tower above the ridgeline shall be limited to 11:00 p.m. each night except for religious holidays. 37.A total of 439 parking spaces shall be provided on -site for the church and school uses, 163 of which will be provided on the school campus and 276 spaces will be provided on the church campus. All parking spaces shall be kept clear of obstructions and made available for parking of vehicles at all times. Although the project will provide 49 more parking spaces than required by the Zoning Code, vehicle occupancy surveys and church attendance records indicate that the parking demand could exceed capacity during the most heavily attended Sunday morning services and on religious holidays, funerals and other popular celebrations. To ensure that adequate parking will be provided for the church facility without parking adjacent to residential uses, the project shall comply at all time with the stipulations identified in the parking management plan. 38. Prior to issuance of building permits for any new construction, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for 'on -site and any adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices. Except for that portion of the landscape plan that is subject to the approval of the Planning Commission, the landscape plans shall be approved by the Planning Director prior to the issuance of a building permit. 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. 39.AII landscape materials and landscaped areas 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. 40.All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. �a City of Newport Beach Planning Commission Resolution No. Page 13 of 20 41. 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. 42.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 building 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. 43. Prior to issuance of the certificate of occupancy or final of buildinq 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. 41 & 42. 44.A new trash enclosure shall be provided on the church property. Prior to the issuance of building permit, 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 decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the church building. 45.The applicant shall ensure that all 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, Water and Sewers of the Municipal Code. 46.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. Vacuum /sweeping trucks shall be prohibited in the on -site parking facility between the hours of 10PM and 6AM. 47. Prior to the issuance of a building permit.or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. x'L City of Newport Beach Planning Commission Resolution No. Page 14 of 20 48.The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 49.A six -foot high screen and security fence shall be placed around the construction site during construction. 50.Construction equipment and materials shall be properly stored on the site when not in use. Mitigation Measures of the Mitigated Negative Declaration 51. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land C lea dng /Earth- Moving a. Exposed pits (i.e., gravel, soil, dirt) with 5 percent or greater silt content shall be watered twice daily, enclosed, covered, or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. c.. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than 5 minutes. �I City of Newport Beach Planning Commission Resolution No. Page 15 of 20 j. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. I. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. m. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. Unpaved Staging Areas or Roads n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed. to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. 52.The applicant shall make efforts to schedule all vegetation removal activities (i.e., tree removal and grading) outside the nesting season (the nesting season is February 15th to August 15th) to avoid potential impacts to nesting birds. If initial vegetation removal occurs during the nesting season, all suitable habitats shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist before commencement of clearing. If any active nests are detected, a buffer of at least 100 feet (300 feet for raptors) shall be delineated, flagged, and avoided until the nesting cycle is complete as 'determined by the biological monitor. 53. Prior to the issuance of a grading permit, the applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified archaeologist has been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The archaeologist shall be present at the pre -grade conference, shall establish procedures for archaeological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the findings. If major archaeological resources are discovered, which require long -term halting or redirecting of grading, the archaeologist shall report such findings to the City and the applicant. The archaeologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the City, or its designee, on a �5 i City of Newport Beach Planning Commission Resolution No. Page 16 of 20 first- refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of a special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee 54. Prior to the issuance of a grading permit, the applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The paleontologist shall be present at the pre -grade conference, shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the findings. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the City and the applicant. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and/or salvage. Excavated finds shall be offered to the City, or its designee, on a first - refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of a special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. 55.In accordance with Public Resources Code 5097.94, if human remains are found, the Orange County Coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento to determine the most likely descendent for the area. The designated Native American representative shall then determine in consultation with the property owner the disposition of the human remains. 56. Prior to issuance of a grading permit, a qualified geotechnical engineer shall be retained by the Applicant to be present on the project site during excavation, grading, and general site preparation activities to monitor the implementation of the recommendations as specified in the Geotechnical Engineering Report prepared by Geotechnical Solutions dated July 8, 2004. Whenever appropriate, the geotechnical engineer shall provide structure specific geologic and geotechnical recommendations which shall be documented in a report to be appended to the project's Geotechnical Engineering Report. a� City of Newport Beach Planning Commission Resolution No. Page 17 of 20 57. Prior to issuance of building permits; the applicant shall submit verification to the. City of Newport Beach that an asbestos survey has been conducted within the existing buildings proposed for demolition or renovation. If asbestos is found, the Applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. 58. Prior to the issuance of a building permit for the church building, the applicant shall file Form 7460 -1 with the Federal Aviation Administration (FAA). Upon receiving the FAA determination, the project shall be submitted to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency. The project may be subject to additional conditions as required by the FAA and /or ALUC in order to be found in compliance With the John Wayne Airport Environs Land Use Plan. 59. Prior to issuance of grading permits, the applicant shall develop and submit a Notice of Intent (NO[) and Storm Water Pollution Prevention Plan ( SWPPP) to the Santa Ana RWQCB for compliance with the Statewide NPDES permit for construction activity. The SWPPP shall contain Best Management Practices (BMPs) to be implemented during construction to minimize impacts to local receiving water from pollutants in storm water runoff. The applicant shall provide the City of Newport Beach with a copy of the NOI and their application check as proof of filing with RWQCB. 60. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, 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. 61. Construction activities which produce loud noise that disturb, or could disturb a person of normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays between the hours of 7:00 A.M. and 6:30 P.M., and Saturdays between the hours of 8:00 A.M. and 6:00 P.M.. No such noise occurrences shall occur at anytime on Sundays or federal holidays. 62. Noise - generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 15 City of Newport Beach Planning Commission Resolution No. Page 18 of 20 63. During the Corona del Mar High School and OLQA school day, heavy construction vehicle travel on adjoining streets shall be limited as directed by the City's Traffic Engineer to avoid construction traffic during peak school hours. 64. New landscaping shall incorporate drought - tolerant plant materials and drip irrigation systems where possible. 65.Water leaving the project site due to over- irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform the tenant if possible, leave a note, and in some cases shut off the water. 66. Watering shall be done during the early morning or evening hours to minimize evaporation (between 4:00 P.M. and 9:00 A.M. the following morning. 67. All leaks shall be investigated by a representative from the Code and Water Quality Enforcement Division of the City Manager's Office and the Applicant shall complete all required repairs. 68. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 69.Reclaimed water shall be used whenever available, assuming it is economically feasible. Public Works Department 70. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 71. Prior to issuance of building permits for new construction, the school drop - off /pick -up plan shall be subject to further review and approval by the Traffic Engineer. The applicant shall implement all measures contained in the approved plan. Thereafter, modifications of the school drop - off /pick -up plan may be authorized from time to time by the City Traffic Engineer and Planning City of Newport Beach Planning Commission Resolution No. Page 19 of 20 Director provided that they are limited to eliminating unnecessary aspects of the plan or implementing new or altered school drop -off and/or pick -up procedures that improve the overall safety of the school students and on -site traffic circulation. Should any conflicts between the drop - off /pick -up plan and these conditions of approval, the conditions of approval shall take precedence. 72.Prior to issuance of building aermits for new construction, applicant shall prepare a (PMP) that reviewed and approved by the Planning Director and City Traffic Engineer. The PMP shall include provisions for proper parking and access management for all assembly activities depending upon size to ensure that traffic conflicts are minimized and that vehicular access, pedestrian access and parking resources are managed effectively. Parking at Corona del Mar High School shall not be planned. Parishioners, visitors and school users shall be regularly informed not to park on public property adjacent to residential uses. The PMP shall include procedures for management of the student drop off and: pick up. The applicant shall implement all measures contained within the approved PMP. Thereafter, modifications of the PMP may be authorized from time to time by the City Traffic Engineer and Planning Director provided that they are limited to eliminating unnecessary aspects of the PMP or implementing new or altered traffic or parking management techniques that improve traffic and parking management or site access. 73. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 74.A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). 75. No construction material shall be staged or stored within the public right -of- way. 76.ADA curb ramps shall be installed at all project driveways. 77. Prior to issuance of building permits for new construction, the on -site parking, vehicle circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer. 78-Any non - standard improvement shall require an encroachment agreement. Any work within the public right -of -way requires an encroachment permit. JA i City of Newport Beach Planning Commission Resolution No. Page 20 of 20 79.All parking areas shall conform to City Standard 805 -L -A & B. 80. The project shall conform to the City's sight standard STD -110 -L for a local street. The design shall be reviewed and approved by the Traffic Engineer. 81.All curb returns surrounding the development site shall each be constructed with a curb access ramp that complies with the current ADA requirements. Said ramps shall align with the pedestrian path of travel. 82.A concrete driveway "plug" shall be constructed at locations where an existing driveway approach is to be abandoned. The grading plans must show all existing driveway approaches to be removed and all newly proposed driveway approaches. A minimum 12 -inch wide by 12 -inch deep full depth asphalt concrete patch shall be constructed along the entire length of any new driveway approach gutter. All joint surfaces shall be tack coated prior to patch placement. 83.A junction or manhole structure shall. be required for all proposed private . storm drain connections to the public storm drain system. 84. Public Works Department plan check and inspection fees shall be paid at the time of encroachment permit application. 85.The applicant shall grant the City of Newport Beach a total of 10 -foot wide easement along the Eastbluff Drive frontage of the church property located at 2100 Mar Vista Drive for the purpose of bicycle trail and pedestrian walkway. The easement document to be approved by the City's Attorney Office shall be recorded prior to the issuance of building permit for the new sanctuary. 86.The'applicant shall provide handicap access ramps on the south side of the two opposing driveways on Domingo Drive, at the proposed pedestrian crossing between the school and church sites, to facilitate a pedestrian access. IS