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Home My WebLink About16 - 150 Newport Center Residential Project (PA2014-213)r) Memorandum September 27, 2016 Agenda Item No. 16 CITY OF NL BE. COMMUNITY DEVELOPMENT DEPARTM 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment To: City Council From: Kim Brandt, Community Development Director Date: September 21, 2016 Re: Correspondence from Newport Center Anacapa Associates, LLC Supplemental Information for Agenda Item No. 16 September 27, 2016 Meeting 150 Newport Center Drive (PA2014-213) The City has received the attached correspondence from Newport Center Anacapa Associates, LLC requesting a continuance to the October 11, 2016 City Council meeting. Attachment: Newport Center Anacapa Associates correspondence dated September 21, 2016 0 01 RESCO 901 DOVE STREET SUITE 270 NEWPORT BEACH CA 92660 949.756.3200 FAX 949.756.5777 September 21, 2016 Kim Brandt, Community Development Director City of Newport Beach 100 Civic Center Dr. Newport Beach, CA 9266 Re: 150 Newport Center City Council Meeting of September Dear Kim: Please accept this letter from Newport Center Anacapa Associates, LLC in the above referenced matter to continue the hearing date to the October 11, 2016 meeting. This will give the city council more time to digest the myriad of information in the packet and allow us time to discuss the project with the individual members of council. Thank you for your consideration in this matter. Very t y yours: i R nald . Soderling, anager Newport Center Anacapa Associates, LLC ��tiWPoRT CITY OF o: r� z NREWPORT City Council Staff Report September 27, 2016 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Gregg Ramirez, Senior Planner, gram irez _newportbeachca.gov PHONE: 949-644-3219 TITLE: 150 Newport Center Residential Project (PA2014-213) 150 Newport Center Drive • General Plan Amendment No. GP2014-003 • Code Amendment No. CA2014-008 • Planned Community Development Plan No. PC2014-004 • Site Development Review No. SD2014-006 • Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) • Development Agreement No. DA2014-002 • Environmental Impact Report No. ER2015-002 • Use Permit No. UP1461 Revocation ABSTRACT: The applicant is proposing the demolition of the 8,500 -square -foot Beacon Bay car wash and gas station located at 150 Newport Center Drive in order to accommodate the development of 35 residential condominiums. The request includes several discretionary actions, including the approval of a General Plan amendment and Zoning Code amendment. The Planning Commission has reviewed the proposal and recommends that the City Council deny the application without prejudice. RECOMMENDATION: a) Conduct a public hearing; b) Find that denial of the project is not subject to California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA Guidelines; and c) Adopt Resolution No. 2016-114, A Resolution of the City Council of the City of Newport Beach, California, Denying Without Prejudice General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-008, Planned Community Development Plan No. 2014-004, Site Development Review No. SD2014-006, Tentative Tract No. NT2015-003, Development Agreement No. DA2014-002, for a 35 -Unit Multi -Family Residential Development Located at 150 Newport Center Drive (PA2014-213). 16-1 150 Newport Center Drive Residential Project September 27, 2016 Page 2 FUNDING REQUIREMENTS: In order to quantify the project's long-term fiscal implications on City resources, staff engaged a consultant to prepare a fiscal assessment in accordance with General Plan Implementation Policies 12.1 and 12.2 (Attachment V). The analysis used the City's fiscal impact model which calculates the average cost of public services required by new development, on the assumption that new development affects City services in the same way that existing development does. At the time the 2006 General Plan was adopted, the model concluded that the build out of the General Plan would result in a positive fiscal impact on the City's General Fund of $21.7 million per year. The fiscal analysis included six different land use options, including the existing car wash and gas station. The non-residential options included an office development and a stand-alone restaurant. Both options resulted in a positive fiscal impact to the City, although both options would generate less revenue than that produced by the existing car wash facility. In addition, three high-end luxury residential development scenarios (49 units, 45 units, and 25 units) were analyzed, and all three options resulted in positive fiscal impacts when compared to the existing car -wash related revenues. The positive increase in City revenues is attributable to property taxes, fees, and revenue expenditures from residents. Due to the high-end market level targeted by the proposed project, the residential alternatives would also exceed the fiscal benefit from the potential non- residential uses of the site under the existing General Plan land use designation. DISCUSSION: Proiect Settin The 1.3 -acre site is located within the southern area of Newport Center, and is presently developed with a car wash, ancillary service station, and convenience market (Use Permit No. UP1461). Located to the north of the project site, across Newport Center Drive, is Fashion Island, a regional retail shopping center. Two Fashion Island stand-alone restaurants, Red -O and Fig & Olive, are located directly to the north. To the east on the opposite side of Anacapa Drive (Block 200) are several office, retail, and service tenants. Edwards Big Newport Cinema and restaurants such as Muldoon's Irish Pub are directly across the street. To the south is an existing professional/medical office building located at 180 Newport Center Drive. To the west is Gateway Plaza which includes a series of six 2 - story office buildings. The Gateway Plaza development shares driveway access with the project site. It is important to note that the project site has a nonexclusive ingress/egress over the entire Gateway Plaza property as part of the property's grant deed. Access to the project site primarily occurs at the driveway immediately to the south of the project site. 16-2 150 Newport Center Drive Residential Project September 27, 2016 Page 3 The existing General Plan land use designation for the property is CO -R (Regional Commercial Office), (8,500 square feet maximum under Anomaly No. 35). The CO -R designation allows for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service and entertainment uses. Project Description The proposed project consists of the demolition of the 8,500 -square -foot car wash and gas station to accommodate the development of 35 condominium dwelling units (Attachment T). The building is designed as a single structure with two "enclaves" connected at the center. The exterior would be comprised predominantly of a pre -cast concrete fagade, stainless steel finishes, and glass. Massing off -sets, variations of roofline, varied textures, recesses, articulation, and design accents on the elevations would be integrated in order to enhance the building's architectural style. As proposed by the applicant, the building reaches an overall height of 52.5 feet to the top of the roof with mechanical appurtenances such as an elevator override and heating and air conditioning equipment that extend up an additional 6 feet, for a total height of 58.5 feet measured from finished surface at the high end of the sloping property. Delivery, moving vehicle, and valet access to the project site would be provided via two curb cuts on Anacapa Drive. Resident and visitor access to below -grade parking areas would be provided via a single two-way curb cut to the south of the Property over an ingress/egress access easement on the adjacent property. Each unit will be provided with a 2 -car garage (total of 70 resident spaces) and 18 guest parking spaces within the 2 -level subterranean basement (three additional visitor spaces are provided at the entry 16-3 150 Newport Center Drive Residential Project September 27, 2016 Page 4 level). The basement levels also include designated trash enclosures for the storage of trash and recycling bins. The 35 residential units are designed as flats and will range in size between 2,178 square feet to 4,290 square feet of gross floor area. Exterior access to the first floor units is provided from adjacent walkways along the Newport Center Drive frontage with private patio areas leading up to each entry. Common areas at the entry level include a dog run along the Newport Center Drive frontage, as well as enhanced paving and planting areas. The upper level of the building provides common recreational amenities including a roof -top pool, fitness room, and clubroom. The tract map will establish each unit for individual sale and easements to accommodate the location of the proposed structures. The application also includes the waiver of City Council Policy L-2, which specifies that driveway approaches may only utilize a curb return design with a maximum curb radius of 25 feet and a driveway approach bottom that is greater than 35 feet only if the driveway serves a vehicle entrance to a parking area/structure for more than 200 vehicles. Since the proposed parking structure does not serve more than 200 vehicles, a waiver of this policy is necessary to utilize this curb return design along Anacapa Drive. Public Works staff has reviewed this request and does not object to the applicant's request. Additionally, staff is recommending the revocation of Use Permit No. UP1461 which allows the car wash, should this project be approved. A detailed discussion of the project components, including an analysis of applicable General Plan policies, Planned Community Development Standards, project architecture, and the required project findings are provided in the Planning Commission staff reports dated July 21, 2016, August 18, 2016, and September 1, 2016 (Attachments I -K). Charter Section 423 (Measure S) Analvsis The applicant is requesting a General Plan amendment in order to allow residential units to be developed on the project site. Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be prepared to establish whether a proposed General Plan amendment (if approved) requires a vote by the electorate. The amendment would be combined with 80 percent of the increases in traffic, dwelling units, and non-residential floor area allowed by previous General Plan amendments (approved within the preceding 10 years) within the same statistical area. The City Charter specifies the following thresholds: 100 dwelling units (density), 100 a.m. peak hour trips and 100 p.m. peak hour trips (traffic), and 40,000 square feet of non-residential floor area (intensity). If any one of the thresholds is exceeded, and the City Council approves the requested General Plan amendment, the amendment would be classified as a "major amendment" and be subject to voter consideration. Approved amendments, other than those approved by the electorate, are tracked for 10 years and factored into the analysis of future amendments within the same statistical area as indicated. 16-4 150 Newport Center Drive Residential Project September 27, 2016 Page 5 The project site is located within General Plan Statistical Area L1, and, if approved, would result in an increase of 35 dwelling units above the current number of dwelling units allowed in the area. There have been two prior amendments approved within Statistical Area L1 since the 2006 General Plan adoption. The first amendment authorized the new Civic Center and Park Site, and the second authorized the Newport Beach Country Club to construct a new 21,000 -square -foot clubhouse. Neither of these two prior amendments added dwelling units to this statistical area. There are currently 100 units remaining in Statistical Area L1 in the "density" threshold. Based on the trip generation rates contained in the Council Policy A-18 (commercial blended rate for the existing use and luxury condominium/townhouse rate for the proposed use), the proposed amendment does not result in either an increase in morning or evening peak hour trips. Additionally, the amendment does not add any nonresidential floor area ("intensity") to Statistical Area 1-1. Table 1 summarizes staff's Charter Section 423 analysis. As indicated, none of the thresholds would be exceeded should the City Council approve the request; therefore, a vote would not be required. The current Charter Section 423 table for Statistical Area L1 is provided as Attachment O. Table 1: Charter Section 423 Analysis Summary Statistical Area L1 THRESHOLDS Increase in Increase in A.M. Increase in P.M. Increase in Allowed Allowed Floor Peak Hour Trips Peak Hour Trips Dwelling Units Area (sq. ft.) 150 Newport Center Drive 0 0 0 35 GP2014-003 (PA2014-213) Prior Amendments (80%) 1. Civic Center 0 0 0 0 GP2008-009 (PA2008-182) 2. NB Country Club GP2008-005 (PA2008-152) 16,800 0 0 0 TOTALS 16,800 0 0 35 Section 423 Threshold 40,000 100 100 100 Section 423 Threshold Exceeded? No No No No Vote Required? No No No No If City Council approves the requested General Plan amendment, this amendment will become a "prior amendment" and 80 percent of the dwelling unit increase (28 units) will be tracked for 10 years and be applied to future amendments. 16-5 150 Newport Center Drive Residential Project September 27, 2016 Page 6 Development Agreement General Plan Policy LU6.14.8 (Development Agreements) requires the execution of development agreements for residential projects that include 50 or more units or use any of the 450 units identified for Newport Center in Table LU2 (Anomaly Locations) of the Land Use Element. The development agreement is intended to define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. While this application does not include any of the 450 units identified in the General Plan, the applicant has requested a development agreement. The applicant is proposing that the development agreement have a 10 -year term. The applicant has also proposed a public benefit fee of $67,000 per unit, to be made at the time of issuance of the certificate of occupancy. The draft Development Agreement is provided in Attachment H. Plannina Commission Review The Planning Commission held public hearings on July 21, 2016, August 18, 2016, and September 1, 2016. During the public hearings, the following issues were raised and discussed: 1) the proposed Planned Community Zoning District, 2) height limit, 3) density, setbacks, building bulk, 4) landscaping, and 5) potential land use conflicts. As a result of the Planning Commission's comments and concerns, the applicant reduced the project's height, number of units, and stories, while maintaining the overall building footprint and on-site amenities. Each of the topical areas of concern is discussed further below. 1) Planned Community Zoning District The applicant originally proposed establishing a new, separate Planned Community for the project site, and this request also included a waiver of the City's 10 -acre minimum size requirement for establishing a new Planned Community. At Planning Commission's suggestion, the application was modified to request an amendment to the existing, and adjacent, PC -56 (North Newport Center Planned Community) in order to include the project site as part of PC -56's Block 100 sub -area. This modified request eliminated the need to request a waiver of the City's 10 -acre size standard for a new Planned Community. The applicant acknowledged the applicability of the 50 -foot height limit for Block 100 in PC -56. 2) Height Limit The July, 21, 2016 Planning Commission staff report includes a detailed analysis of the height of existing buildings in the southern half of Newport Center, which is summarized below. 16-6 150 Newport Center Drive Residential Project September 27, 2016 Page 7 At the southerly half of Newport Center (Blocks 100 and 200), where building mass and height are intended to scale down to lower heights, existing building heights range between 15 feet 8 inches (project site) and 74 feet 4 inches (260 Newport Center Drive). Zoning height limits range from 28 feet for flat roofs (Granville Residential Community) and up to 60 feet (Block 100, including an additional ten feet for mechanical appurtenances). Nine nonconforming buildings currently exceed the 32 -foot height limit established within Block 200 with the highest building being 74 feet, 4 inches (260 Newport Center Drive- Shea Building). To the immediate north, the Fashion Island building height limits are 75 feet, and mechanical appurtenances are permitted an additional 10 feet. Additionally, major buildings in Fashion Island are permitted up to 125 feet in height and mechanical appurtenances are permitted an additional 10 feet. The height limit of the interior portion of Block 100 is 50 feet and mechanical appurtenances are also permitted an additional 10 feet. The corners of Block 100 have a 32 -foot flat roof height limit with 37 feet for a sloping roof. The existing building at 180 Newport Center Drive is nonconforming and exceeds the existing 32 -foot height limit at 38.25 feet. The applicant originally requested a six -story building with a height of 65.5 feet with mechanical appurtenances up to 69.5 feet. Through the course of the Planning Commission hearings, the applicant modified the request to a five -story building with a height of 50 feet to the rooftop with an additional 6 feet for mechanical appurtenances. The Planning Commission was receptive to the reduced height of 50 feet for the proposed project, but expressed concerns with the bulk and scale of the project given the number of units requested. 3) Density, setbacks, and building bulk For the July 21, 2016 Planning Commission hearing, the applicant reduced the dwelling units from 49 to 45, while maintaining the original building footprint and setbacks. In response to Planning Commission concerns, the applicant further reduced the number of units to 35 in a 5 -story building for the September 1, 2016 Planning Commission hearing. The Planning Commission noted concern with the setbacks, bulk, and scale of the proposed building, even with the reduction in dwelling units. The Planning Commission discussed the proposed floor area ratio and development standards at length and compared them with existing residential communities in Newport Center. The proposed setbacks are project -specific to the site. For each street frontage, the first floor level would be set back to enhance pedestrian connections and provide a direct entry for each dwelling unit at the ground level. The proposed development would provide increased setbacks and open space standards compared to the existing commercial zone along Newport Center Drive and Anacapa Drive. The proposed building would be set back a minimum distance of 20 feet from each street frontage and 14 feet and 22 feet along the west and south property frontages, respectively. 16-7 150 Newport Center Drive Residential Project September 27, 2016 Page 8 Staff notes that the proposed setbacks allow sufficient space to accommodate vehicle circulation throughout the interior of the project site, particularly in the basement levels. 4) Landscaping Additionally, the Planning Commission expressed concern with the amount of landscaping and type of plant materials. The Planning Commission noted that due to the large area necessary for the driveway approaches and vehicle maneuvering that there was very little area devoted to landscaping on Anacapa Drive. Similarly there was limited landscaping on the southern and western edges. The lack of landscaping was attributed to the overall bulk of the project, which was considered a result of the number of dwelling units requested. 5) Potential Land Use Conflicts Lastly, during the public hearing process, concern was expressed regarding the project's proximity to Muldoon's Irish Pub, Red O, and Fig and Olive. All three restaurants are permitted to have late hours, and concern was expressed that the future residents may object to late night sounds emanating from the restaurants, and/or early morning truck deliveries, particularly when windows are open. Staff notes that the conditional use permit for Muldoon's Irish does include a condition of approval that requires sound levels associated with live entertainment and pre-recorded music to be confined to the restaurant's interior and that the restaurant operate in compliance with the City's noise standards (Attachment P). Plannina Commission Action After the conclusion of their deliberations, the Planning Commission determined that the proposed legislative amendments and project site design were not acceptable and recommended that City Council deny the project (5 ayes and 2 noes). The resolution, staff reports, and draft minutes are attached for reference as Attachments B; and I -N. Project Update To ensure that each of the five levels of residential units has a clear floor -to -ceiling height of 10 feet, the applicant has modified the building height request from 50 feet to 52.5 feet to top of roof with an additional 6 feet for mechanical appurtenances, since the application was reviewed by the Planning Commission. The number of units remains at 35 in a 5 -story structure. Additionally, the applicant has provided more information relative to the landscaping and tree and plant materials. This information is contained in Attachments R and T. ALTENATIVES: As an alternative the City Council may choose to approve the requested legislative amendments and other zoning entitlements to allow the development of a 35 -unit, 52.5 - foot high project, as most recently modified by the applicant. Staff has prepared the 150 Newport Center Drive Residential Project September 27, 2016 Page 9 necessary resolutions and ordinances for City Council (Attachments C -H). The necessary actions are listed below. 1. Adopt Resolution No. 2016- —Certifying Environmental Impact Report No. ER2015-002 and approving the Mitigation Monitoring Program (Attachment C); 2. Adopt Resolution No. 2016-_ Approving General Plan Amendment No. GP2014-003 (Attachment D); 3. Introduce Ordinance No. Approving Code Amendment No. CA2014- 008 and Planned Community Development Plan No. PC2014-004 and pass to second reading on October 11, 2016 (Attachment E); 4. Adopt Resolution No. 2016- Approving Site Development Review No. SD2014-006 (Attachment F); 5. Adopt Resolution No. 2016- Approving Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) (Attachment G); and 6. Introduce Ordinance No. 2016 Approving Development Agreement No. DA2014-002, and pass to second reading on October 11, 2016 (Attachment H). Should the City Council wish to modify the project proposal, it may be necessary to continue the project in order to prepare the appropriate supporting documents. ENVIRONMENTAL REVIEW: Prior to making an approval decision on the proposed project or a modified project, the City Council must first review, consider, and certify the Environmental Impact Report (EIR), SCH No. 2016011032. The City contracted with T&B Planning, Inc., an environmental consulting firm, to prepare an Initial Study and Draft Environmental Impact Report (DEIR) for the proposed project in accordance with the CEQA and the State CEQA Guidelines. The DEIR was routed to the City Council in advance of this staff report to allow additional time to review the report. A copy of the DEIR was also made available on the City's website (http://www.newportbeachca.gov/cegadocuments), at each Newport Beach Public Library, and at the Community Development Department at City Hall. The draft EIR was completed and circulated for a mandatory 45 -day public -review period that began on May 13, 2016, and concluded on June 27, 2016. The consultant, T&B Planning, and staff have prepared detailed written responses to each of the comments received on the adequacy of the DEIR. An errata has also been prepared which includes corrections, revised information, and additions to the DEIR. The revisions do not alter any impact significance conclusion disclosed in the DEIR, and therefore, the revisions do not warrant recirculation of the DEIR for public review. The revisions to the DEIR have been incorporated into the Final EIR. On the basis of the analysis provided in the Final EIR, staff has concluded that the project would not have a significant impact on the environment. 16-9 150 Newport Center Drive Residential Project September 27, 2016 Page 10 Should the City Council wish to deny the project application, it will not be necessary for the City Council to take any action on the Final EIR. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SUMMARY: The applicant has requested amendments to the City's General Plan and Zoning Code, as well as numerous other zoning entitlements, in order to construct a 35 -unit multiple - unit residential development in Newport Center. The Planning Commission did not find the density, bulk, and scale of proposed residential project compatible with the surrounding land uses and in keeping with the overall vision for the southern half of Newport Center, and the Planning Commission recommended denial of the application. The applicant has provided additional information to support the modified project design, density, height, and bulk for City Council consideration. NOTICING - Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within Statistical Area L1 including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Public comment letters received following the September 1, 2016 Planning Commission meeting are included as Attachment Q. ATTACHMENTS: Attachment A - Draft Resolution for Denial Attachment B - Planning Commission Resolution (Draft) Attachment C - Draft Resolution Certifying the EIR and Mitigation Monitoring Program Attachment D - Draft Resolution approving the General Plan Amendment and Adopting CEQA Facts and Findings Attachment E - Draft Ordinance Approving the Code Amendment and Planned Community Development Plan Attachment F - Draft Resolution Approving the Site Development Review Attachment G - Draft Resolution Approving the Tentative Tract Map Attachment H - Draft Ordinance Approving the Development Agreement Attachment I - Planning Commission Staff Report July 21, 2016 Attachment J - Planning Commission Staff Report August 18, 2016 Attachment K - Planning Commission Staff Report September 1, 2016 Attachment L - Planning Commission Minutes July 21, 2016 Attachment M - Planning Commission Minutes August 18, 2016 (Draft) Attachment N - Planning Commission Minutes September 1, 2016 (Draft) Attachment O - Statistical Area L1 Table Attachment P - Muldoon's Conditions of Approval Attachment Q - Public Comment Letters Attachment R - Project Rendering 16-10 150 Newport Center Drive Residential Project September 27, 2016 Page 11 Attachment S - Site Photos Attachment T - Project Plans Attachment U - Redlined PC North Newport Center Planned Community Development Plan Attachment V - Fiscal Analysis 16-11 Attachment A Duaft Resolution for Clenial 16-12 RESOLUTIC N NC. 201 EI- A RESOLIU IIION OF Th 8 CITYI CIC U NCIL C F THS C ITY C F NSWRCRII BEACH, CAUIFCRNIA, C113NYIINC WIIIHCUII RREJUDICE GEN13RAILI PLIAN AMENDMENT NC. GP2014-. 003, CC DE AMEN DMSN 11 NO. CA2014-008, FILA N N ED CIC MMU NITNI DEVIEUC RMSN 11 KLAN NC. PC2014-004, SITE 118V81JOPMENT RSVIIEW NO. SD2014-006, 11SN IIATIVIE TRA CH MAP N C. N112015-003, DEVIEUCRMSNII ACRSSMENII NO. DA2014-002, FOR A 35-U N III MULTI -FAMILY RESIDENTIAU DEVIEUC RMSN 11 LOCATED AT 150 NSWRORT CBN118R DRIVIS I1RA2014• 213; W H BREAS, an application was filed by N ewpori Anacapla Associiates, LLC, with respect to property louilec a1 15CI New pori Center Drive, and legally described as Farciel 1 of F arcel Map N o. � 9-34 ilResubdivision N o. 282; being a portion of Bloak 93 of Irvine's subdivision as per miap recordec in Book 1, Fage 88 of Misciellaneous Record Maps, records of Orange County, California; WHEREAS, 111-e project includes tr a demolition of an existing 8,500 -square -foot car -wash, convenience market, aric gas station to acicomimiodate tr a development of a 5- sioryl, 35 -unit residential conc ominiurri building will- two levels of subterranean parking. ill- a applicant uequests the following approvals from the Citi of N ewpori Beach (City): ■ General Rlari Amend m ent IjGPA) - to & ange 111' a lanc use category from CO- R ilRegional Commeucial Cffice) io RM 1JML Iti-Unit Residential) and eslablisr an anomialy Jable LU2; designation for 35 dwelling units. ■ coning Code Am endment - to change the coning District designation from C R ilCfftce Regional Commercial) to F CI -56 (Jn ortr Newport Center F lanned Comm uriityl District) o�erthe entire site. 41 Alanned Cc rr munityl Development Plan - to amiend the FC -56 IlN orth Newport Center Planned Communilly: to incorporate the project as a portion of ll' a Block '100 sub -area and approve 35 residential condomiiniL mi units with a miaximumi height of 52 feet for the subject property. 41 Elite Develc pment Review - to allow the construction of 35 miulti-famiily dwelling units. 41 Ilentative Tracit Map - to estak lish a 35 -unit residential condominiumi tract on a 1.3 acre site. 41 Development Agreement - to appuove a de�elopmierill agreemierii providing public benefits. 41 8nvinonmental Impact Report I181R) - to address reasonakly foreseeable environmental impacts resulting from the legislative anc project specific 16-13 Resolution No. 2016 - Page 2 of discmelionary approvals, tt e Clity delermiried It at an Initial S1L c y and BIR are wanarited for this project pursuarit Io the California Brivironmerilal C uality Acl (CEG A; . 41 Revc N e L se Permit No. UP 1461 — revocation of the use permit to allow the orleration of a car wast on site; WHEREAS, the subject rlroperty is locaiec within ire CR ilCffice Regional Commercial; coning District and the General Ran Land Use Element category) is CO -R (Regional Commercial Cffice); WHEREAS, the subject prorlerly is not located within the coastal zone; WHERBASI, a study session was held on Lne 23, 2016, in the Council Cl-arribeus located at 100 Civic Cenler Drive, N ewpori Beact Io introduce the project to the Rlanning Commission aric review the conclusions of Ire c rat) EIR. No action was 1aHen at the study session; WHEREAS, a public hearing was t eld on July 21, 2016, in the Council Ctamibers located at '100 Civic Center C rive, k ewpori Bleach. A notice of time, place anc purrlose of the public Fearing was given in accordance wilt the Newport Beach Municipal Code (N BMC). Bvic ence, both written and oral, was presented lo, anc considered by, 1t e Rlanning Commission at It is public hearing. llt a ilemi was continL ed to the August 18, 2016, Planning Comimiission Meeting; WHEREAS, a rlublic hearing was held on August 18, 2016, in the COLncil Ct ambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing wa:i given in accordancie with the NBMC. Bvidence, both written and oral, was presented to, and consic erred by, it e Rlarining Commission al this public tearing. 11te ilemi was re-noticied for the Serllemiber 1, 2016, Rlarining Commission Meeting; WHEREAS, a pL blia tearing was held on Septemiber 1, 2016, in the Coy ncil CIF ambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was gi\en in accordance with the NBMC. Bvic ence, both writlen anc oral, was presented to, anc considered by, it a Planning Commission al this public hearing; 16-14 Resol0ion No. 2(116 - Rage 3 of WHERBASI, on September 1, 2(116, the Rlanning Commission adopled Resolution No. 2024 by a vote of 5-2 neciomimiending denial of the proposed clrojecrt (Commissioners Lawler and Zak voting no; to the Cily Council; WHERBASI, a public r earirig was held on September 27, 2016, in tl• e Coy ncil Cl- arr bens localec at 100 Civic Center Drive, New port Beach. A notice of time, place and pl. rpose of If a public hearing was given in accondancie with the NBMC. Bvidence, both %rilteri and oral, was presented to, and considered by, the Cily COL ncil al this publics hearing; WHERBASI, amendments to the General Plan ane legislative acts. Neilf• er the NBIVCI nor State Planning Law set forth any regLirec findings fon either approval on denial of such ameridmerils; WHERBASI, coning Code amendments are legislatK a acts. Neill' er ll' a NBMC nor State F lanning L aw set forth any required findings for eitl• er approval on denial of such arrienc rr enis, unless They are delermined not to be required for the public necessity anc cionvenierice and the general welfare; WHERBASI, the fLlLre development of the property afilecited by the proposed amiendrr ents is not cionsisteril with the goals and policiies of the Land Use Element of the General Rlan; WHERBASI, a site c evelopment review is requirec for the construcition cf fire or mere residential L nits processed in conjL nctic ri with a tentative tracrt map. Me site development review arialyzes the project as a whole for ccmpatibility will' the site and surrounc ing land uses. The Cily Coy ncil may approve a site de%elopmeril review c my after maHing each cf the required findings set forth in NBMCI Election 20.52.(180QA) (Site Development Re%ie%:. In This case, ll' e City Col ncil was unable to make ll' a required findings basec upon the following: 1. The Cily COL ncil delermined, in this case, That the prcclosed Site De� elc prrieril Review for 39 residential ccnc ominiumi L nits is riot consistent with the legislative intent of NBMC tulle 20. The prcclosed project may prove detrimental to the comimunily because of its scale, locaticn, anc c ensity. 2. The Cily CCLncil delermined, in this case, That the proposed Site Developmeril Review fcn 35 resic ential condominium units is not cionsisleril with the General 16-15 Resor Ilion No. 2016• RagE 4 of Rlan Floliaies due to the incompatible land c se, archiieclli. ral style, ibggde treaimients, and hEight of the proposed projecil. 3. ThE City Counail determined, in iris case, ire design, reiclht, lociaiion, sine, and charactEriisiics of the proposed prioject are not comiclatible with the riEsidential and corrirrercial USES in the �icinily. 11re priojEct rray resuli in negative irrclacts to residents and busirieSSES in *e vicinity and is not compatible WO the Enjoyment of the nearby rEsidEriiial properties; and WHBRBAS, a tErillailive iracll map is requested for residential condominiums purposes, to creatE 35 condominiurr units. 11hE City Council may approvE a tentative tracit rr ap cinly afilE r maH Ing Each of the required findings set forth in NEMC Section 19.12.070QA; IJREquirEd Rindings for Action on 7entativE Maps;. In this case, the City Council is unable Io make I a reqs. irec findings based upon Ilr a following: 1. The City COIL ncil dEtEiimiined, in Ilr is case, that the clroposed miap for 35 residential condorrinium units anc associalled impiiovemerills of the subdivision are inccirisistEni with tr E Geneiial Rlan and the legislative irillent of NBMCI Title 19. 7 r e proposE c project miay provE detrimE rital to tr e corn m L niiy because ofl its sciale, Iciciaiion, anc c ensiiy. J. The City Cciuncil determined, in this case, the site is not physically Si. itable for the type and density ofldevEloprrent. 3. The Ciiy Council deterrrined, in chis case, hE design, Icicaiicin, sine, and cif• araciE ristics cf It a proposE d subdivision arE not corr patiblE with the SL rrounding de�eloprr Ent pattern in the �iciniiy. NCW, THERBRCRE, ire Cilly Council of Ilhe City of Newport Beach rescilves as follows: Slection 1 : llhe Ciiy Council has considered the rE aorrirrienc ation of c Enial by the Rlanning Corr rr ission and coricurs with this recommeridaiioin; thEriefore a referral bacH lo the Rlannind Corrrrissiori for addillional consideration and recommEridaiion is not required. Section 2: The City Coy ncil cfl it e Ciiy oil Newport Eeach r EriE by dE nies withciut prE,judice General Rlan Arriendrrent No. GP2C114-.003, Code AmendrrEni No. CA2014- 008, Planned Coirrirrunity ❑evElopmient Plan Nci. PC20'14-0(14, Site Development 16-16 Resolution No. 2016 - Page 5 of Review No, SD2014-005, Tentative Tract Map No. NT2015-003, and Development Agreement No. DA2014-002 for a 35 -unit multi -family residential development located at 150 Newport Center. Use Permit No. UP1461 is not revoked and the carwash may continue on the site. Section 3: The recitals and findings provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: Pursuant to CEQA Guidelines Section 15270, projects which a public agency rejects or disapproves are not subject to CEQA review. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 271n day of September. 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY AT/TORNEY'S OFFICE -Z f— (C" Aaron C. Harp City Attorney 16-17 Attachment B Planning Commission Resolution (Draft) 16-18 RESOLUTION NO. 2024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING WITHOUT PREJUDICE GENERAL PLAN AMENDMENT NO. GP2014-003, CODE AMENDMENT NO. CA2014-008, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2014-004, SITE DEVELOPMENT REVIEW NO. SD2014-006, TENTATIVE TRACT MAP NO. NT2015-003, DEVELOPMENT AGREEMENT NO. DA2014-002, FOR A 35 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 150 NEWPORT CENTER DRIVE (PA2014-213) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Anacapa Associates, LLC, with respect to property located at 150 Newport Center Drive, and legally described as Parcel 1 of Parcel Map No. 29-34 (Resubdivision No. 282) being a portion of Block 93 of Irvine's subdivision as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps, records of Orange County, California. 2. The applicant proposes the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the development of a 5 -story, 35 - unit residential condominium building with three levels of subterranean parking. The applicant requests following approvals from the City of Newport Beach: General Plan Amendment (GPA) - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 35 dwelling units. Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC -56 (North Newport Center Planned Community District) over the entire site. Planned Community Development Plan - to amend the PC -56 (North Newport Center Planned Community) to incorporate the project as a portion of the Block 100 sub -area and approve 35 residential condominium units with a maximum height of 50 feet for the subject property. Site Development Review - to allow the construction of 35 multi -family dwelling units. Tentative Tract Map - to establish a 35 -unit residential condominium tract on a 1.3 acre site. Development Agreement - to establish a proposed development agreement that would provide public benefits should the project be approved. Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact 16-19 Planning Commission Resolution No. 2024 Page 2 of 4 Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). 3. The subject property is located within the OR (Office Regional Commercial) Zoning District and the General Plan Land Use Element category is CO -R (Regional Commercial Office). 4. The subject property is not located within the coastal zone. 5. A study session was held on June 23, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session. 6. A public hearing was held on July 21, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. The item was continued to the August 18, 2016, Planning Commission Meeting. 7. A public hearing was held on August 18, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. The item was re -noticed for the September 1, 2016, Planning Commission Meeting. 8. A public hearing was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing 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 public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such 03-03-2015 16-20 Planning Commission Resolution No. 2024 Page 3 of 4 amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The future development of the property affected by the proposed amendments will not be consistent with the goals and policies of the Land Use Element of the General Plan. Site Development Review A site development review is required for the construction of five or more residential units processed in conjunction with a tentative tract map. The site development review analyzes the project as a whole for compatibility with the site and surrounding land uses. The Planning Commission may approve a site development review only after making each of the required findings set forth in Section 20.52.080 (Site Development Review). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed Site Development Review for 35 residential condominium units is not consistent with the legislative intent of Title 20 of the NBMC. The proposed project may prove detrimental to the community. x 2. The Planning Commission determined, in this case, that the proposed Site Development Review for 35 residential condominium units is not consistent with the General Plan policies due to the incompatible land use, architectural style, fagade treatments, and height of the proposed project. 3. The design, height, location, size, and characteristics of the proposed project are not compatible with the residential and commercial uses in the vicinity. The project may result in negative impacts to residents and businesses in the vicinity and would not be compatible with the enjoyment of the nearby residential properties. Tract Map A tentative tract map is requested for residential condominium purposes, to create 35 condominium units. The Planning Commission may approve a tentative tract map only after making each of the required findings set forth in Section 19.12.070 (Required Findings for Action on Tentative Maps). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed map for 35 residential condominium units and associated improvements of the subdivision are inconsistent with the General Plan and the legislative intent of Title 19 of the NBMC. The proposed project may prove detrimental to the community. 03-03-2015 16-21 Planning Commission Resolution No. 2024 Page 4 of 4 2. That the site is not physically suitable for the type and density of development. 3. The design, location, size, and characteristics of the proposed subdivision are not compatible with the surrounding development pattern in the vicinity. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby recommends the City Council of the City of Newport Beach deny without prejudice General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-008, Planned Community Development Plan No. PC -2014- 004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015- 003, and Development Agreement No. DA2014-002 for a 35 -unit multi -family residential development located at 150 Newport Center. PASSED, APPROVED, AND ADOPTED THIS 1ST DAY OF SEPTEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: AN Kory Kramer, Chairman Peter Zak, Secretary 03-03-2015 16-22 AttacHment C Drefll RESc lutic n Certifying I a BIR and Mitigation Mcnitcring Prcgram 16-23 RESOL]UTIC N NO. 2016- A RESIC LIU MON CF lIHE CITY CO LJ NCILJ CF 11HE CITY OF NEW RC RI BEACH, CA LJIFC RN IA, CBRTIFIYIN G ENVIRONMENTAL] IMRACT REPORT NC. BR2(115-002 AND ARRROVING A MITIGATION MCNI11CRING AND REPORTING RRC G RA M FOR A 35 -UN I11 MLJ LI111- AA MILJY RESIDENTIAL] DEVEL]O RMENT LCCA TED All 15CI NEWPORT CBNIISR DRIVE (PA2014-213) WHEREAS, an application was filed by Newport Ariacapa Associates, LLC, witr respect to properly located a1 150 Newport Center Drive, and legally described as Pancel 'I of Rarcel Map No. 29-34 ilResubc ivision No. 282) t eing a F ortion of E lock 93 of Irviine's SLbdivision as per miap recordec in Eook 1, Rage 8E of Miscellaneous Reeorc Maps, records of C range County, California; WHEREAS, the project includes Ire demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommcidate Ire development of a 5- stcir% 35 -unit residential conc orriiniL mi k i ilding with two levels cf subterranean parking. llhe applicant requests following approvals from 11-e Clity of � ew port Beach: • General Rlan Amerid rrienil GPA) -lo & ange the land L se categciryl froim CC- R IlRegional Commercial Cffice) ici RM QMH Iti-Unit Resic ential) and establish an ancimialy (ITable LU2) designation for 35 dwelling L nits. • Zoning Code A rriendment - tci change the acining ❑isluict designation from C R IJCffice Regicirial Ceimm ercial) to AC -56 (1k oirl r Newport Center Plannec Community District) over the entire site. 41 Rlanned C arrimunity Devc 1oipmerit Rlan - to amiend the RC -56 (Jh oirtr Newploirt Center Planned Ccimmunily) tci incorporale the project as a poriicin of the Block 100 suk-area and approve 35 residerilial condominium units with a maximum height of 52.5 feel for the subject prciperty. 41 Elite Development Review - lci allow the construction of 35 miL Iti-family c welling units. 41 Tentative Tracil Map - lo establish a 35 -unit residential condominium tract on a 1.3 acre site. 41 Developrrienil Aclreemerit - to establish a proposed c evelopment agreement 11 -at woi Id provic a public k enefits sr oulc the project bEi approved. 41 Envinonmienilal Impact Re poirt IjEIR) - tci address reasonably foreseeable enviuonm ental impacts resulting from the legislative anc project specific discretionary approvals, the City has determined Thai an Initial Study and EIR 16-24 F esc lutic ri No. 2016 - Rage 2 of are warranted fc r 11' is puoject purse ant to thEi California Envirc rimental Quality Acct IICEQA;. « Reuoke Use Perrriit Nc. UP1461 — revcaaiion of the use peurriii is allow the opeuatic n of a car wash cn-site; WH BREAS, tr a subject prcpedy is located wilt in the CR (Office Regional Ccmmencial) Zcnirig ❑isluici and the Ceneual Rlari Land Use Blement category is CC -R ilRegional Commercial Cffice,; Ah BREAS, the sL bject properly is not Ic calec wilt in Re coastal zone; W H BREAS, a study sessic ri was helc on June 23, 2016, in the Council Chamit ers Iccated al '100 Civics Center Drive, Newpert Beach to intrcdLce Ire prcjeci to Ire Planning Ccmmission and review 11-e conclusions of the drafil BIR. h c acticn was taken ai Re study sessic n; W H BREAS, a PL blic r earing was held c n my 21, 2016, in the Council CharriIt ers Iccaied al 100 Civic Center Drive, Newport Beacr . A nolice of lime, place and pIL rpcse of ire put lic hearing was gi%en in accc rdarice with tr a Newperl Beacr Municipal Code iINBMC;. Evidence, bclr writilen anc oral, was presented tc, and considered by, the Planning Commission al this publics r earing. The item was ccniiriuec to the AL gust 18, 2016, Rlanning Commission Meeling; WHEREAS, a put lic hearing was held cin Augusl '18, 2016, iri the Counail Chambers Iccated al 100 Civic Ceriler Drive, Newpod Beacil-. A nclicie of lime, place and purpose of the public hearing was given in accordance wilt tr e N BMC. Evidence, bolh written and cral, was preseniec 10, and ccrisidered ty, the Rlanning Ccmmissicn at This PLblic hearing. The iterri was re-rioticed fc r 11-e September 1, 2016, Rlanning Cc rrirriissic ri Meeting; WHEREAS, a public hearing was held ori September 1, 20'16, in #e Council Charribers Iccated al 100 Civic Cerner Drive, Newpod Beacil-. A nciice of iirrie, place and pL rpcse of the pIL blic hearing was given in accordance with the N BMC. Evidence, botr written and cral, was preseriled 10, and ccnsidered ty, the Rlanriing Ccmmissicri attris pIL blic hearing; WHEREAS, a public hearing was held on September 1, 2016, in the Clounail Charribers Iccated a1 '100 Civic Cenler Drive, New pod Beacr. A nolice cf lime, place anc pc rpcse of the pc blic I' earing was given in accordance witr the N BMC. Evidence, botr 16-25 REsoluiion No. 2016 - Rage 3 of _ Wiiteri and oral, was clresented to, and cionsidered by, the Manning Commission all this PL blic l eaning; WHERBASI, the Rlanning Commission ac opted Resolution No. 2024 by a vote of 5-2 necomimiending denial of the proposed project QCommiissioriers Lawler anc aak voting no; to the Ciiy COLricil; WHERBASI, pursuant io California Put lic Resor rces Code Sleciion 21080.3.1 (AB52), a local government is required io cionsuli witl• Califbnnia Native Ame nican tribes that f ave requeEited in writing to be informed of proposec clrojecis in the geograplis area tlat is inaditionally and cLItunally affiliated will the inibe. llwo tribes f avec nequesied notification in writing. The tribal contacts were pro%idec notice on anLary 11, 2016. California Rt, blic Reaourceis Code Secition 21080.3.1 requires 30 days prion to Ciiy Council aciioin ici allow tribe coriiacis io resclond to the request io consult and neiiler tribe reaponceid to the fonmial notification letter nequesiing consultation fcir this prcject daring the 30 day pericid. A letiler was lacer submitted as a comment to ire draft EIR from the Gabrieleino Banc cf Mission Indians-Kizh h aticin cin May 25, 2016, requeisting that a monitor ftomi Ill-ein tribe oversee grcIL nd disturbing ccirisint, ction work. TI -e response ici ccimimients on ire draft BIR suggest allowing a monitor cin -site io watch ci%er ground distunt ing ccinstrL cticin work, consistent wish Hisiorical Resources Policy HR2.2 ilGnadirig and 8xcavaticin Activities). Foimever, the applicarii is riot required to cciriinaci witl a speciiflc monitor during construction activities oin-sites. The mioniion will to reiquined ici be certified cionsisierii wish Ciiy Council Policy K-5 QArclaeioilogical Guideline S;; WHERBASI, pL rsuarit to CBQA, Public Resources Code Section 21000, ell Seq., the States CBQA GuideilineiS ('14 Cal. Code of Regulations, Elections 15000 est seq.), anc Ciiy Council Rolicy K-3, ill was deiemmined Ill -at ilei Prcject could have a significant adverse effect on it a enviroinment, anc it L s warranted the pnepanaiion of an EIR; WHERBASI, cin , anuary 12, 2016, the City, as lead agency under CBQA, pneipaneid a Notice oft Rreparation ("NOP") cf the BIR and mailed slat NOR to responsible anc trustee public agencies, cinganizatieins anc persons likely to be interested in it a potential impacts of the pnoposec project, inch dirig any persona wl o had previously nequesied ncitice in writing; WHEREAS, on , anuary 27, 2016, the City heild a pL blic scoping meeting to present the prcicloised prcject and to scilicit inpL t fncimi intenesied individuals, 16-26 Resolution No. 2016 - Rage 4 of _ organizations, and responsible anc trL stee public agencies regarc incl Environmental issues that shclL Id t e addressed in the BIR; WHEREAS, a drafil Environmental Impaci Report (SCH No. 2016011032) ilDEIR) and errata have been preparEc in compliance Witt CBQA, tre State CIECA Guidelines, and City Coiuricil Policy K-3; WHEREAS, it a DBIR was cinoi.lated for a 49 -day ciorrimeni perioc beginning on May '13, 2016 and ending on mune 21, 20'16. 11he CIEIR, commeriis, and responses io ire corrirrenis wane considered ty the Planning Commission in its review of the prorlosed project; and WHEREAS, on the basis of the entire enviiionmenial review recorc, the proposed project, witr mitigation rrieasc res, will have a less than significant implact upcin the enviroinment and irerE are rio known SLbstaniial adverse effecis ori the envinonmerii irat would bE caused by ire project. Additionally, thane are no long-term environmental goals that woulc be comprorriised by the project, nor cumc latKe implacts anticipatec in connection with the project. The miiigaticin rr eaSL res identified and incorporated in the Mitigation Moniiciring and Reporting Program are feasible anc will reduce the poterilial environmental implacts to a less than significani IE�el. N C W, THERHORE, &e Clity Coc ncil of the Clity of Newporl Beach resolves as follciws: Section 1: The City Council of &e City cif Newport Bea& hereby certifies BIR No. BR2015-002 (.ICIF No. 2016011032;, which is attached hone to as Bxhitit "A" and inccirponaied rerEin by reference. BIR No. BR2015-002 consists of the notice of prEplaration, initial study, environmental analysis, allErriatives arialysis, apperidicies, responses to commEnis, and E rrata. Section 2: The City Counail of the Ciiy of NEwpciri Beach remby apprci�es the Mitigation Moiniioring Re pori Riicigram atiacr Ed hereto as Exhibit "B" anc iriceirporated herein by refenerice. Section 3: The recilals provided in chis nesolulion are inue and correcit and ane incorpoiiaied into the operative part of & is rescilution. Section 4: If any section, subsection, seritencE, clause or phrase of this resolution is, fair any reason, r elc tai k e invalid or unconstitutional, such decision shall not affecl the validity or constitutionality of R a remaining pciriioins of it is resolution. ThE 16-27 Resolution No. 2016 - Page 5 of City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council 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 6: This resoiution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27" day of September, 2016. Chane B. Dixon Mayor ATTEST: Leitani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE N I- ��, ) Aaron C. Harp City Attorney Exhibit A. Environmental Impact Report No. 2015-002 Exhibit B: Mitigation Monitoring Report Program 16-28 Resolution No. 2016 - Page 6 of Exhibit "A" Environmental Impact Report EIR SCH No. 2016011032 Notice of Preparation Initial Study Environmental Analysis Alternatives Analysis Appendices Responses to Comments Errata Final EIR (Available separate due to bulk) http://www.newportbeachca.gov/index.aspx?page=1347 16-29 Resolution No. 2016 - Page 7 of Exhibit "B" Mitigation Monitoring Report Program 16-30 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT Table ES -1 Mitigation Monitoring and Reporting Program ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -10 SCH No, 2016011032 16-31 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION 4.1 Aesthetics Summary of Impacts Threshold it: The Project site does not No Mitigation is Required. N/A N/A N/A Less -Than -Significant comprise all or part of a scenic vista. Based Impact on the visual simulations that were prepared, the Project would not result in obstruction of coastal views from any public right-of-ways or Coastal View Roads as defined in the Newport Beach General Plan (Newport Beach, 2006a). The Project would result in less -than -significant impacts. Threshold b: The Project has no potential to No Mitigation is Required. N/A N/A N/A Less -Than -Significant damage scenic resources within a scenic Impact highway corridor. There are no State scenic highways in the City of Newport Beach, however, State Route 1 (East Coast Highway) is identified as Eligible for State Highway designation. As the proposed Project would be located north of East Coast Highway and would be located in a highly urbanized area new other similarly sized buildings in and around Fashion Island, the Project would not result in adverse impacts to views of scenic resources experienced from East Coast Highway. Project impacts with respect to this topic are considered less than significant. Threshold c: Although the visual character No Mitigation is Required. N/A N/A N/A Less -Than -Significant of the property would change, the proposed Impact Project includes a number of site design, architectural, and landscaping requirements that would ensure the provision of a high Lead Agency, City of Newport Beach Page ES -10 SCH No, 2016011032 16-31 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -1 1 SCH No, 2016011032 16-32 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION quality development. The conversion of the Project site from a car wash/gas station/convenience market to a seven -story residential development does not constitute a substantial degradation in the visual quality of the site and surroundings. Additionally, shadow from the proposed seven -story building would not fall on any adjacent buildings. Project impacts with respect to this topic are considered less than significant. Threshold d: New sources of light from the No Mitigation is Required. N/A N/A N/A Less -Than -Significant proposed Project would not represent a Impact substantial increase of lighting levels in the surrounding areas because the Project's lighting would be of similar illumination levels compared to existing lighting conditions associated with retail and restaurant buildings, hotels and theater buildings, and office buildings located throughout Newport Center. Compliance with the outdoor lighting standards and requirements outlined in the PC text for the Project and the City of Newport Beach Zoning Code would ensure that light and glare impacts from the Project are less than significant. 4.2 Air Quality Summary of Impacts Threshold a: The Project's localized No Mitigation is Required. N/A N/A N/A Less -Than -Significant construction -source emissions would not Impact exceed. applicable LSTs. Additionally, the Project would not exceed regional thresholds for operational emissions, and would therefore would have a less -than - significant impact. Lead Agency, City of Newport Beach Page ES -1 1 SCH No, 2016011032 16-32 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -12 SCH No, 2016011032 16-33 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION Threshold b: The Project would not exceed No Mitigation is Required. N/A N/A N/A Less -Than -Significant the SCAQMD Regional Emissions Impact Thresholds for any criteria pollutants during construction. Accordingly, the Project's construction activities would not violate any air quality standard or contribute to an existing or projected air quality violation. Therefore, a less -than -significant impact would occur from the construction emissions associated with the proposed Project. The proposed Project's operational -source emissions would not exceed applicable SCAQMD regional thresholds of significance during the operation of the proposed Project. Therefore, impacts associated with long-term air emissions would be less than significant. Threshold c: Near-term construction No Mitigation is Required. N/A N/A N/A Less -Than -Significant emissions and long-term operational Impact emissions would not substantially contribute to a net increase of any criteria pollutant for which the Project's region is in non -attainment. Impacts would be less than significant. Threshold d: The Project would not result in No Mitigation is Required. N/A N/A N/A Less -Than -Significant or contribute to a CO "Hot Spot." The Impact Project also would not result in a significant adverse health impact to sensitive receptors. Thus a less -than -significant impact to sensitive receptors during both construction and operational activity is expected. Threshold e: The Project does not propose No Mitigation is Required. N, A N/A N/A Less -Than -Significant any uses or activities that would result in Impact potentially significant operational -source odor impacts. Potential sources of Lead Agency, City of Newport Beach Page ES -12 SCH No, 2016011032 16-33 ■ ■ 150 NEWPORT CENTER ■L ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -13 SCH No, 2016011032 16-34 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION operational odors generated by the Project would include disposal of solid waste generated by the residents on-site. Trash areas for the Project would be located on parking levels B-1 through 132, each of which has separate trash areas. Consistent with City requirements, all Project - generated refuse would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations. Accordingly, operational -source odor impacts would be less than significant. 4.3 Biological Resources Summary of Impacts Threshold a: No sensitive vegetation No Mitigation is Required. N/A N/A N/A No Impact communities, special -status plant species, or special -status wildlife species are located on or near the Project site. The Project would have no substantial impact, either directly or through habitat modifications, on any other candidate, sensitive, or special status plant or wildlife species. Threshold b: The Project would have no No Mitigation is Required. N/A NIA N/A No Impact potential to impact riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW and USFWS. No impact would occur. Threshold c: No federally protected No Mitigation is Required. N/A N/A N/A No Impact wetlands are located on the Project site; therefore, no impact to wetlandswould occur. Threshold d: There is no potential for the MM 4.3-1 Prior to the issuance of a demolition Director of Community Construction Contractor Prior to the issuance of a Less -Than -Significant Project to interfere with the movement of permit, the Director of Community Development Development demolition permit, during Impact fish or impede the use of a native wildlife shall ensure that any tree removal activities occur tree removal activities nursery site. The Project has the potential outside of the nesting season (February 1st to August Lead Agency, City of Newport Beach Page ES -13 SCH No, 2016011032 16-34 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -14 SCH No, 2016011032 16-35 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION to directly and cumulatively impact nesting 31st). If it is determined necessary for tree removal birds protected by federal and State activities to occur between February 1st and August regulations, if tree removals during 31st, the Director of Community Development shall construction activities were to occur during require a pre -construction nesting bird survey to be the nesting season. conducted by a qualified biologist within seven (7) days prior to any tree removal activities. Any active Implementation of Mitigation Measure MM nests identified shall have a buffer area established 4.3-1 would ensure that a pre -construction within a 100 -foot radius (200 foot for birds of prey) nesting bird survey is conducted to of the active nest. Disturbance shall not occur within determine the presence or absence of active the buffer area until the qualified biologist determines nests prior to tree removal. If present, the that the young have fledged. Demolition and mitigation measure mandates a buffer area construction activity may only occur within the around active nests until the young have buffer area at the discretion of the qualified biologist. fledged. With implementation of the required mitigation, potential direct and cumulatively considerable impacts to nesting birds would be reduced to below a level of significance. Threshold e: The Project would not conflict No Mitigation is Required. N/A N/A N/A No Impact with any local policies or ordinances protecting biological resources. Threshold f: The Project would not conflict No Mitigation is Required. N/A N/A N/A No Impact with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan, including the Orange County Central and Coastal Orange County NCCP/HCP. 4.4 Cultural Resources Summary of Impacts Threshold a: Although the Project would No Mitigation is Required. N/A N/A N/A No Impact demolish the existing building and remove it from the property, the structure is not a historical resource pursuant to Section Lead Agency, City of Newport Beach Page ES -14 SCH No, 2016011032 16-35 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -15 SCH No, 2016011032 16-36 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION 15064.5 of the CEQA Guidelines. No impact to historic resources would occur and mitigation is not required. Threshold b: Although unlikely, there is a MM 4.4-1 Prior to the issuance of grading permits, Director of Community Construction Contractor Prior to the issuance of Less -Than -Significant remote possibility that archaeological the Director of Community Development shall ensure Development grading permits, during Impact resources could be encountered during site that following provision is included on the grading ground disturbing grading activities. Mitigation is required to plan(s), and the construction contractor(s) shall be activities ensure that potential impacts to required to comply with the provision. archaeological resources, if unearthed during construction activities, are reduced "If evidence of subsurface archaeological resources to a level below significance. is found during construction, excavation and other construction activity shall cease and the construction Implementation of Mitigation Measure MM contractor shall contact the City of Newport Beach 4.4-1 wouldensure that potential impacts to Community Development Director. With direction archaeological resources, if unearthed from the Community Development Director, a during construction activities, are reduced qualified archeologist meeting the Secretary of the to a less than significant level. Interior Professional Qualification for Archeology shall be retained to evaluate the discovery prior to resuming grading in the immediate vicinity of the find. If warranted, the archaeologist shall collect the resource and prepare a technical report describing the results of the investigation. The test -level report shall evaluate the site including discussion of the depth, nature, condition, and extent of the resources, final remediation recommendations, and cost estimates." Threshold c: Although unlikely, there is a MM 4.4-2 Prior to the issuance of grading permits, Director of Community Construction Contractor Prior to the issuance of Less -Than -Significant remote possibility that paleontological the Director of Community Development shall ensure Development grading permits, during Impact resources could be encountered during site that following provision is included on the grading ground disturbing grading activities. Mitigation is required to plan(s), and the construction contractor(s) shall be activities ensure that impacts to paleontological required to comply with the provision. resources, if unearthed during construction activities, are reduced to a level below "If evidence of subsurface paleontological resources significance. is found during construction, excavation and other construction activity in that area shall cease and the Implementation of Mitigation Measure MM construction contractor shall contact the City of 4.4-2 would ensure that potential impacts to Newport Beach Community Development Director. Lead Agency, City of Newport Beach Page ES -15 SCH No, 2016011032 16-36 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -16 SCH No, 2016011032 16-37 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION paleontological resources, if unearthed With direction from the Community Development during construction activities, are reduced Director, a qualified paleontologist meeting the to a less than significant level. Secretary of the Interior Professional Qualification for Paleontology shall evaluate the find. If warranted, the paleontologist shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of identified resources." Threshold d: In the unlikely event that No Mitigation is Required. N/A N/A N/A Less -Than -Significant human remains are discovered during Impact Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code § 7050.5 and California Public Resources Code § 5097 et. seq. Mandatory compliance with State law would ensure that human remains, if encountered, are appropriately treated and would preclude the potential for significant impacts to human remains. Threshold e: No significant tribal cultural No Mitigation is Required. N/A N/A N/A Less -Than -Significant resources were identified at the Project site. Impact Therefore, a less -than -significant impact would occur. 4.5 Geology and Soils Summary of Impacts Threshold a: The Project would not expose No Mitigation is Required. N/A N/A N/A Less -Than -Significant people or structures to substantial adverse Impact effects from earthquake fault rupture, seismic -related ground failure, or landslides. As with all properties in the southern California region, the Project site is subject to strong seismic ground shaking associated with earthquakes. Lead Agency, City of Newport Beach Page ES -16 SCH No, 2016011032 16-37 ■ ■ 150 NEWPORT CENTER ■L ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE PARTY MONITORING PARTY IMPLEMENTATION STAGE LEVEL OF SIGNIFICANCE AFTER MITIGATION Threshold b:. The Project would not result No Mitigation is Required. N/A N/A N/A Less-Than-Signilicant in substantial soil erosion or the loss of Impact topsoil. The Project Applicant is required to obtain a NPDES Permit for construction activities and adhere to a SWPPP as well as SCAQMD Rule 403 -Fugitive Dust during Project construction activities. With mandatory compliance to these regulatory requirements, the potential for soil erosion or the loss of topsoil on the Project site would be minimized, as the areas disturbed during construction would be landscaped or covered with impervious surfaces and drainage on the Project site would be controlled through the means of a storm drain system. Furthermore, the Project is required by law to implement a WQMP during long-term operation, which would preclude substantial soil erosion or the loss of topsoil during long-term operation of the Project. Threshold c: During excavation for the MM 4.5-1 Slopes created during: subsurface Building Official for the Construction Contractor Prior to the issuance of a Less -Than -Significant subterranean parking garage, there may be excavations associated with the Project's construction City of Newport Beach grading permit, during Impact local seepage and wet sands within the process shall be shored in accordance with OSHA (or his/her designee) subsurface excavation fill/terrace and terrace/bedrock contacts. excavation safety regulations (Title 29 Code of activities Locally, these slopes could slough or Federal Regulations, Part 1926.650-652 [Subpart PJ) potentially slump along the contact, and to the satisfaction of the City of Newport Beach would be subject to instability during Building Official. Prior to the issuance of a grading Project excavation. With implementation of permit, the Building Official or his/her designee shall Mitigation Measure MM 4.5-1 the Project ensure that the grading plan indicates the methods by would result in less -than -significant impacts which adequate shoring will occur. The shoring associated with unstable soils during methods must ensure that the subsurface excavation construction. will not slough or slump. The Construction Contractor shall implement the shoring requirements The implementation of the mandatory throughout the subsurface excavation period and requirements of the CBSC and the allow inspection of the shoring method by the City of recommendations identified in the Project's Newport Beach. Lead Agency, City of Newport Beach Page ES -17 SCH No, 2016011032 16-38 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -18 SCH No, 2016011032 16-39 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION Geotechnical Feasibility Report (required through City -imposed conditions of approval on the Project) would ensure that impacts associated with unstable geologic units during long-term Project operation would be less than significant. Threshold d: There is a potential for MM 4.5-2 Expansive soils shall not be present as fill Building Official for the Construction Contractor Prior to the issuance of a Less -'than -Significant expansive soils to be encountered during the material below the building slab and footings. City of Newport Beach building permit,. during Impact Project's grading operation. With the During the property's site preparation and grading (or his/her designee) subsurface excavation incorporation of Mitigation Measure MM phases, expansive soils shall be mixed with other soil activities 4.5-2, as well as the mandatory compliance material to provide a uniform blend of material, with CBSC requirements, the impacts compacted to a minimum of 90 percent relevant associated with expansive soils would be compaction, to the satisfaction of the City of Newport reduced to less than significant. Beach Building Official. Prior to the issuance of a grading permit, the Building Official or his/her designee shall ensure that the grading plan indicates a subsurface soil content that is non -expansive and compacted to at least 90 percent. The Construction Contractor shall implement the requirements throughout the site preparation and grading process and allow inspection of grading by the City of Newport Beach. Threshold e: The Project would not install No Mitigation is Required. N/A N/A N/A No Impact septic tanks or alternative wastewater disposal systems. Accordingly, no impact would occur. 4.6 Hazards and Hazardous Materials Summary of Impacts Threshold a and b: Based on the findings of No Mitigation is Required. N/A N/A N/A Less -Than -Significant a Phase I ESA and Phase II ESA conducted Impact for the Project site, the property does not contain any environmental hazards that could pose a significant threat to human health or the environment. The existing building that would be demolished and removed from the site as part of the Project Lead Agency, City of Newport Beach Page ES -18 SCH No, 2016011032 16-39 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -19 SCH No, 2016011032 16-40 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION could potentially contain asbestos containing materials and lead based paint, but compliance with mandatory regulatory requirements during the demolition and removal process would ensure that impacts would be less than significant. Threshold c: The Project would not emit No Mitigation is Required. N/A N/A N/A No Impact hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur and mitigation is not required. Threshold d: The Project site is not No Mitigation is Required. N/A N/A N/A No Impact identified on a list compiled pursuant to Government Code Section 65962.5; therefore, the Project has no potential to create a significant hazard to the public or environment as the result of listed properties. Threshold e: The Project site is not located No Mitigation is Required. N/A N/A N/A Less -Than -Significant in an airport safety zone;. the Project would Impact thus not significantly expose people residing or working in the area to safety hazards. associated with operations at John Wayne Airport. Threshold f: No private airstrips are located No Mitigation is Required. N/A N/A N/A No Impact in the vicinity of the Project site; therefore, the Project has no potential to result in a safety hazard for people residing or working in the area caused by private airstrips. Threshold e: The Project would not. impair No Mitigation is Required. N/A N/A N/A Less -Than -Significant implementation of or physically interfere Impact with an adopted emergency response plan or emergency evacuation plan. Threshold h: The Project site is not located No Mitigation is Required. N/A N/A N/A No Impact in a wildland fire hazard area. The Project Lead Agency, City of Newport Beach Page ES -19 SCH No, 2016011032 16-40 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -20 SCH No, 2016011032 16-41 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION would tbus not expose people or structures to a significant risk of loss, injury, or death involving wildland tires. 4.7 Land Use Planning Threshold a: The proposed Project would No Mitigation is Required. N/A N/A N/A No Impact not physically divide an established community. Threshold b: Although the Project would No Mitigation is Required. N/A N/A N/A Less -Than -Significant change the land use designation of the Impact Project site from commercial to residential, the land use change would not result in any significant and unavoidable impacts to the environment. Thus, the Project would not conflict with an applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Threshold c: No habitat conservation plans No Mitigation is Required. N/A N/A N/A No Impact or natural community conservation plans are applicable to the Project site; thus, no impact would occur. 4.8 Noise Threshold a: Noise levels during MM 4.8-1 Construction staging before 7:00 a.m. City of Newport Building Construction Contractor During construction Less -Than -Significant construction would not significantly impact shall only be permitted with the express written Official, Construction activities Impact off-site properties and construction consent of the Building Official. Residents of the Contractor activities are required to comply with the Granville community shall be notified in advance of provisions specified in Municipal Code § the proposed construction hours and sound blankets 10.28 (Loud and Unreasonable Noise). shall be installed on-site to minimize noise during However, because construction activities these hours. A sound blanket is a sound -absorbing are proposed to occur in early morning material that can be hungon construction fencing or hours on two days that would fall outside of other surface located between the noise source and the time of day provisions for construction noise receiver to reduce noise levels at the receiver activities specified in the City's Noise location. Back-up alarms on construction vehicles Ordinance § 10.28.040 (Construction shall be disabled when construction vehicles are ActivityNoise Regulations), potentially operating on the Project site before 7:00 a.m. Lead Agency, City of Newport Beach Page ES -20 SCH No, 2016011032 16-41 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -21 SCH No, 2016011032 16-42 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION significant impacts could occur on those two days. Mitigation Measures MM 4.8-I MM 4.8-2 The construction contractor shall inspect City of Newport Building Construction Contractor During construction Less -Than -Significant and MM 4.8-2 would reduce this impact to all motorized construction equipment operating on Official, Construction activities Impact below a level of significance. the site monthly, to ensure the proper installation of Contractor noise -attenuating mufflers. Inspection records shall Operational noise associated with be made available to the City of Newport Beach upon residential use of the property would be less request. than significant. Also, because the Project would reduce the total number of average daily vehicular trips traveling to and from the site by 614 trips, compared to existing conditions, vehicular -related noise would be less than significant. Threshold b: Impacts associated with No Mitigation is Required. N/A N/A N/A Less -Than -Significant excessive groundborne vibration or Impact groundbome noise levels during Project construction and long-term operation would be less than significant. Threshold c: The Project would not result No Mitigation is Required. N/A N/A N/A Less -Than -Significant in a substantial permanent increase in Impact ambient noise levels in the Project vicinity above levels existing without the Project. Threshold d: Construction noise would be MM 4.8-1 and MM 4.8-2 apply (see above) MM 4.8-1 and MM 4.8-2 MM 4.8-1 and MM 4.8-2 MM 4.8-1 and MM 4.8-2 Less -Than -Significant generated outside of the hours specified in apply (see above) apply (see above) apply (see above) Impact the City's construction noise ordinance for two days during the construction period, resulting in a potentially significant impact. Threshold e: The Project site is located out No Mitigation is Required. N/A N/A N/A No Impact outside of the 60 dBA CNEL noise contour for John Wayne Airport. Thus, the Project would not expose people residing or working in the Project area to excessive airport -related noise levels. Threshold f. The Project site is not located No Mitigation is Required. N/A N/A N/A No Impact new a private airstrip; thus, here would be no impact due to the exposure of people Lead Agency, City of Newport Beach Page ES -21 SCH No, 2016011032 16-42 ■■ 150 NEWPORT CENTER ■C ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency, City of Newport Beach Page ES -22 SCH No, 2016011032 16-43 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION residing or working in the area to excessive noise levels associated with private airstrips. 4.9 Transportation & Traffic Threshold a: The Project would reduce the No Mitigation is Required. N/A N/A N/A Less -Than -Significant total number of average daily vehicular trips Impact traveling to and from the site by 614 trips, compared to existing conditions. Thus, the Projectwould not conflict with an applicable plan,. ordinance or policy establishing measures of effectiveness for the performance of the circulation system. Threshold b: The Project would not conflict No Mitigation is Required. N/A N/A N/A No Impact with the OCTA CMP's level of service standards or travel demand measures. No impact would occur. Threshold c: There are no components of No Mitigation is Required. N/A N/A N/A No Impact the Project that would result in an increase in traffic levels or result in substantial safety risks. No impact would occur. Threshold d: The Project would not No Mitigation is Required. N/A N/A N/A Less -Than -Significant substantially increase hazards due to a Impact design feature or incompatible uses. There may be the need for temporary lane closures for Anacapa Drive and Newport Center Drive to install tie -backs along the Newport Center Drive and Anacapa Drive frontages, however, these temporary impacts would be less than significant. Threshold e: The Project would result in No Mitigation is Required. N/A N/A N/A No Impact adequate emergency access and would not impact a designated emergency access route. No impact to emergency access would occur. Threshold E The Project would not conflict No Mitigation is Required. N/A N/A N/A No Impact with adopted policies, plans, or programs Lead Agency, City of Newport Beach Page ES -22 SCH No, 2016011032 16-43 ■■ 150 NEWPORT CENTER OF-] ENVIRONMENTAL IMPACT REPORT ES.0 EXECUTIVE SUMMARY Lead Agency: City of Newport Beach Page ES -23 SCH No, 2016011032 16-44 LEVEL OF RESPONSIBLE MONITORING IMPLEMENTATION SIGNIFICANCE THRESHOLD MITIGATION MEASURES (MM) PARTY PARTY STAGE AFTER MITIGATION regarding transit, bicycle, or pedestrian facilities. No impact would occur. Lead Agency: City of Newport Beach Page ES -23 SCH No, 2016011032 16-44 Attachment D Draft Resc lutic n approving the General Fila n Amendrnul and adcpiing C84A Facts and Findings 16-45 RESOLUTIC N NO. 201 EI- A RESODU 1110N OF TH E CITU CIO U NCIL C F THE CITY C F NEWFlOR-n BEACH, CALJIFCRNIA, ARPROVING GENERAL ALAN AMENDMENT NO. GP2014--003 110 CHANGE THE LAND USE DESIG NA1110N FROM OR 110 RM, FOR A 35- U Nlll MU UTI-FAMILYI RESIDENTIAL DEVEUORMEN 11 UOCATE111 All 15(1 NEWPC R11 CENTER DRIVE, AND ADOP111N G CIALIFC RNIA ENVIRC N MENTAL C UALITY ACT FACI11S1 AND FINDINGS REGARDING THE 150 NEWRCRT CENTEIR RRCJECT 11PA2014-213) WHEREAS, an application was filed by N ewpori Ariacapa Associaies, LLC, with respecit io property located all 150 N ewpori Cerner Dni%e, anc legally described as Parcel 1 of Parcel Map N oi. 29-34 (Resp bdivisioin No. 282, being a portion of Block 93 of Irvine's subdivisicin as Fier map recorded in BciciH ' , Page E8 of Miscellaneous Record Maps, records of Orange County, Califcimia; WH EREAS, # a projecil includes the demolition of an existing 8,500-sqL are-fcicit car -wail•, conienience market, and gas staticin tci aaciommodate the de%elciprrent of a 5 - story, 35 -unit residential ccindcrninium building W1 twci levels of subterranean parHfng. The applicant requests icillcwing approvals fiicim the City of Newport Beacil : 41 G eneral Fllan Am endment IjG RAJ - toi charige tP a land use category 1 rcim CO- R (Regional Commieraial Cffice, toi RM IlMulti-Uniil Residerilial) and esllablisl- an anoirr aly il- lable 1-1-12; designation fcir 35 dwelling units. 41 Zoning Coic a Amenc mient - to cif• ange the Zoining Districi designation frcim OR (Cffice Regional Comweraial; tci RC -56 IINcirth Newpcirl Center Rlanned Commis nity ❑isiricit) over the erilire site. 41 Planned Community Develcipment Rlan - ici amend the PC -56 IINcirlh Newport Ceriier Rlanned Comms nity) ici incorporate ill- a prcject as a poriioin cl the Block 100 sL b -area aric approve 35 residential condominiL m unills with a maxirrl m height of 52 feet ion ill- a sL bjeat properly. 41 Site Develcipment Review - to allow the consirucition of 35 multi -family dwelling units. 41 Tentative Tiiiact Map - to esilablisr a 35 -unit relic ential aoindciminium tract on a ' .3 acre site. 41 Develcipment Agreement - to esilablisl- a proposed de�elopmient agreement that would provide public beriefills shop Id the project be apprio� ed. 41 Envircinmental Impact Repcirt (EIR) - io adc ress reasonably ioneseeable erivironmenlal impacts resulting from ll -e legislaii%e and project specific disarelionary approvals, the City r as determiinec that an Iniilial E-1uc y and 16-46 Resclution Nc. 2016 - Page 2 of _ Envircnmiental Imipacll Report (EIR) are warranted for this prcjecll pursuant tc lll• a Caliic mia Envirc rimiental C L ality Acd IICECA,. 41 Revoke Use Kermit No. UR1461 — ne%ocallicn of lll•e ase Flermiit to allcw the cperallion ci a car \Aasl- cri-site; WHEREAS, the 91.bjeat property is Ic cated within the CR JjCffiae Regic real Cc m m erciial; Zc ning District and the General Rlan Land Use Blemeni categc ry is CC -R (Reclicnal Ccmrniercial Officie); WH ERBASI, tr a subject prcperly is not located within the coastal zone; WH ERBASI, a study session was held cn June 23, 20'16, in the Council Chamibers locallec at 100 Ci%is Centex Dri%e, tNewpcd Beach tc inircduce tr a prcject tc the Planning Cc m m ission anc review the conch sic ns ci the c raftl EIR. Nc actic ri was taken at the study session; WHERBASI, a public hearing was f eld on July 21, 2016, in the Ccunail Chamibers localled all '100 Civic Center Dvive, Newpert Beach. A notice ci timie, placie and purpose ci the public hearing was given in acccrdance with the Newpert Beach Municipal Cc e. Evic encie, botl• written and cral, was presented tc, anc aonsic erec by, the Fllanning Comim ission at this put lic hearing. The itemi was cc ritinuec tc the A L gust 18, 2016, Planning Commission Meeting; WHERBASI, a pLblia hearing was f eld cri August 18, 2016, in lll-e Ccuricil Crambevs Icciatec at 100 Civic Center Drive, Newport Beach. A nollice ci timie, place and purpc se of 111- a PL blic hearing was given in acccrdance with the NBMC. Evidencie, bcth written and oral, was presented to, and cionsic erec by, the Rlanning Cc mimiissic n at this public heaving. The Hemi was re-ncticed icr the September 1, 2016, Planning Comm ission Meeting; WHERSASI, a public fearing was held on Serliemiber 1, 2016, in the Ccuncil Clambers Ic sated at 100 Ci%ic Clenter Drive, Newport Beach. A notice ci time, place and rlurpc se ci tl• a public hearing was given in accc vdance with the NBMC. Evic encie, bcth written and oral, was presented tc, and aonsic erec by, the Rlanning Cc m m issic n at this public heaving. This itemi was re -noticed far the Sepllemiber 1, 2016, Planning Commission Meeting; 16-47 Resolution No. 3016 - Page 3 of WHEREAS, the Rlanning Commission adopted Resolution No. 2024 by a vote of 5-2 recarrimiending denial of the proposec project (Commissioners Lawler and Zak voting no; to the City Counail; WHEREAS, a public hearing was helc on September 37, 2016, in the Counail Chambers located at 100 Civic Cenier Drive, Newport Beach-. A noiicie of iimie, placie anc purpose of ft a public hearing was given in accordance with the Newport Elea& Municipal Code. Evidence, Loth written and oral, was presented io, and cionsicerec by, tl• e City Coy ncil ai this PL blic f earing; WHEREAS, amendments io the General Rlan and Zoning Code ane legislative acts and neither the City non State Planning Law set forth any required findings for either approval on denial of SL ch amendmenisi; WHEREAS, the requested GPA and resit Iting land use change are ciompaiible wish the e)isiing surrounding uses and planned land uses ideriiified by the General Rlan beciause the project would introduce additional resiiderlial land L ses in N e% port Cenier. Additionally, il-e proplosed amiendmient from CIC -R to RM will be compatible %A0 adjacent commercial properties. The Newport Cenier area has a high c emand for additional residential c evelopment and additional residential units would sit pport commerciial properties within the area; WHEREAS, the requeslec GRAfromi CC -R io RM does not eliminate exisiiing or fL tL re larid uses to the o%erall detriment of the ciarrimiunily given the site's size, lociation, anc sunnoLnding uses. Maintaining the site's CIC --R larid Lse designation would require redevelopment of ft a site io accommoc ate other commercial L ses; WH EREPS, tl• a requesitec GRA and reSIL Iting land use change is consistent wish other applicable land use policies of the General Plan. Clonsisierit witf General Plan Coal LU6.'14 for Newport Clenten, the projeci rile is located in an area of New port Center where rriulti-family uses are ericounaged io FlrodLce opportunities to lige close io jobs, commercie, enterlainrnieril, and recreation. The size, density and character of the proposed dwelling L nits complement il- a existing lanc uses in the projeci area and include design elements cionsiisient with Land L se Element Policy 5.1.9 (Character and C uality of ML Iti-Family Resideriiial', that require miulii-family dwellings io be designec io convey a high qualify archiieciL ral character. Consislerit will' General Plan Roliay LL 6.2.1 (Residential %'--lupply), ire provision of 35 dwelling units on the site woulc accomimodaie Newport Eleaci- population rieecs anc accommodate market demiand for resideriiial uses; MEN ResolLlioin Nci. 201E - Rage 4 cd WHEREAS, Council Pcilicy A-18 regLires that prciFloseid GEineral Rlan arrienc rrients be revieweid to deitHiminei ii a vcitei c1 thei eileictoratei is required pc rsuant tci Clity Clharler Section 423. If a Geirieiral Rlan Amendment (Iseparalely or CUML lativeily with & eir GRA's within the previous 10 years) gerieirales more Than 100 peak r cur trips (AM or PM), adds 40,000 squares feet cl rion-residential flcioir area, cir adds mcirei than '100 cwelling units in a slalistical area, a voitei cl thei eileciorate %OL Id be required if the City Council apprci�es the GPA; WHSRSAS, iris is lhei third General Rlan Amendment it at affecls Slialislical Area L'I since thei General Plan updates in 200E.111' ei ameridmeirit rEUL Its in 35 additional C Milling units and tr Eirei is no change in the square footage of non-resideintial flcor area. The 35 additicirial units result in an overall net decrease in a.m. and p.m. peak hour trips for It a project site basec on IT ei ccimimeircial-blended raffle anc IL xury coridomiiniL rri trip raleis prcivideic in COIL ncil Pcilicy A-'18. W 0 thea inch sicin cl 80 percent of the two Flrior General Rlan amiendmerits in Sltatisticial Area L1, tr ei ioilal inareiasei is 1E,800 square feet of ncin residential floor area, 0 a.m. peak hOL r trips, 0 p.m. peak hoiur tripis, and 35 residential dwelling units. As rione of ll' a thresholds specified by Cr arieir Seicticin 423 are exceeded, rice vCitei c1 thei eileictciratei is required SL bseiqueiril tci CHH Council approval of General Rlan Arriendmienil Nci. GR2014-003; WHSRSAS, ll' ei future development of the property aftUteic by thea proipcised ameindrrieinls will bei consisteirii with thei gcials and Floilicieis cf the Land L sei Element of it a General Rlan; and will t e consistent %A0 the PL rpose and interil of the proipcised 150 Newpoirt Center Rlarineid Community (IRCI) Zoning District of thei NBMCI; WH SREAS, Flursuant to Seicticin 65352.3 iISS18; cl the California Governmeril Ccidei, a local gcveirrimEinl is reigc ireic toi ccinlacl the apiprciplriate trit es is entified by the Nativei Amierican F- eiritagei Ccimimissicin (IN AHC; each time it considers a proposal tci adopt or amend the General Rlan. If requested by any liibe, the local geiveuinmieinl mull consult for It ei purpoisei of preserving or miligaling impacls to CL Itural resouimeis. Thei City receivec comments frcim the NAF- C indicating that eight Tribal conlacts at ciuld be provided noticie regarding the proposed amendment. Thei tribal contacts %erei provided ncitice on March 18, 0015, SEo ion E5350.3 of lhei California Government Code reqLireis 90 days prior io Council action to allow tribe ciontacts lci respcind to thei reiquesi tci coinsc It. 11t e CHy was not corilacled by any tribal conlacls during this 90 -day perioc ; N CW, THERSK RE, It a City CCIL ncil of thea Clity of Newport Beach resole es as follows: Resolution IN o. 0016 - Page 5 of Slecticin 1: The City Colncil has cionsidered the recorrrrendalion of the Manning Corr rr ission and has deierrr fined tr at rr odifications to the project rrade by the City Council, if any, are not rrajor changes that regLire refeuual back io the Planning Corr rr ission fou consideration and re corn rr a nc ation. Slecticin 2: ME City COL ncil of the City of Newpori Beach heueby approves General Plan Arrencirrent No. GP2014-003 as attached hereto as exhibit "A," and incorporated heireiin by ueferencie. General Plan Ameridrneril No. GROO14-003 changes the General Man land Lse designation of 150 Newport Center Dd%e frorr CC -R (Regiorial Clommerciial Office; to Multiples -Unit Residerilial (RM, 35 du) and establishing an anomaly (Table LL 2) deisignation for 35 dwelling units. Slecticin 3: The recitals provic ed in tris resolL lion are lrL a and correct and aue incorporated into the operati%e part of this resolution. Section 4: If any section, sLbsectiori, seritence, clause or phuase of this resolutiori is, fou any reason, held to be invalid or Lncorisliltlional, such decision shall not affect the validity or cionstitutioriality cf the reirraining poriiens cf this resolution. The Cily Cep ncil hereby de cdares that it we uld have passed this rest lution, and eiaalr seictic n, subsection, senleince, clauses or phrase hereof, irreispeclive cl the fact that any one c r rr ores sections, subsections, sentence s, clauses c r phrases be declared im alit ou unconstitutic real. Section 5 llre 150 Newrlert Center Final Brnironrreintal Impact Reipert (SCI- Nc . 2016011032; was preirlared lc r the Rroje cit in ciorr pliancie with CBQA, ll' a State CBQA Gcideliries, and the City Council Rolicy K•3. Ey Resolution No. 2016-_, the City Council, having final aprlreval a0l' ority over the Ruoject, ac opted and certifieid as ccrrrIlete and adegcate tre '190 Newport Center Rinal Brivircrirrenlal Irrpact Rerlert (SCI -001601103'e1; and adopted "Mitigatiori Monitoring and Reporling Program." ReselUien No. 2016-_ is heueby incorpoualed by reference. Secil ion 6 Pursuant to CBQA Guic eilines lection 15091, the City Cc unci) has reviewec and heueby adopts tre CECA Bindings and Pacts in SILppori of Fundings as shown iri, Bxribil "B", einlilleid "Pacts and Rindings Regarding the Bmironrrental affects of lr e Appro%al of the 150 Newport Center Rrejecl, �SIlale Clearings Buse Nc. 2016011032," which is heueby inciorporaled by referericei. 16-50 Resolution No. 2016 - Page 6 of Section 7: This resolution shall tame effect immediately upon its adoption by the City Council, and the City Cleric shall certify the vote adapting the resolution. ADOPTED this 27«' day of September, 2016. Diane B Dixon Mayor ATTEST; Leilani #. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Exhibit A: Table LU2 Anomaly Locations Amendment and General Plan Land Use Map Amendment Exhibit B: Facts and Findings Regarding the Environmental Effects of the Approval of the 150 Newport Center Project 16-51 Resolution No. 2016 - Page 7 of Exhibit "A" Table LU2 Anomaly Locations Amendment Anomaly Statistical Land Use Development Number Area Designation Limit (so 35 1 L1 CO -R 1 190,595 82 1 L1 I RM 35 Dwelling Units Limit Additional Information 16-52 /_W.4 PI SAN CLEMENT EpRL—IJU W RM D D z D CO -R RM CO -R 0 O�, CV w 01 '• 3 �U-HWP I�0 W f -- Z CO -R® IJ.1 (U CC E�R Q� SANTA R m D MU -H r-- —3A os PF Q Q U/ MU -H3 � (\ 0 500 1,000 4=Rr GP2014-003 (PA2014-213) Feet WI General Plan Amendment 150 Newport Center Drive NE"T Document Name: PA2014-213 GP2014-003 Reso Exhibit """' 16-53 Resolution No. 2016 - Page 9 of Exhibit "B" Facts and Findings Regarding the Environmental Effects of the Approval of the 150 Newport Center Project 16-54 Facts and Findings Regarding the Environmental Effects of the Approval of the: 150 Newport Center Project State Clearinghouse No. 2016011032 Lead Agency City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 CEQA Consultant T&B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 Project Applicant Newport Center Anacapa Associates, LLC 901 Dove Street, #270 Newport Beach, CA 92660 September 13, 2016 16-55 150 NEWPORT CENTER FINDINGS OF FACT Table of Contents Section SCH No. 2016011032 Page 1.0 Introduction..............................................................................................................................1 1.1 Project Summary.....................................................................................................................2 1.2 Environmental Review and Public Participation..................................................................... 6 2.0 Environmental Impacts and Findings.................................................................................... 9 2.1 General Findings...................................................................................................................... 9 2.2 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to Less thanSignificant...................................................................................................................... 10 2.3 Impacts Determined by the EIR to be Significant and Unavoidable ..................................... 20 2.4 Significant Irreversible Environmental Effects..................................................................... 20 2.5 Growth Inducing Impacts of the Proposed Project................................................................21 2.6 Project Alternatives...............................................................................................................22 3.0 Additional Facts on Record...................................................................................................30 3.1 Adoption of a Monitoring Plan for Mitigation Measures...................................................... 30 3.2 Custodian of Record.............................................................................................................. 30 16-56 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 1.0 Introduction The City Council of the City of Newport Beach (the "City Council") in approving the 150 Newport Center project (the "Project") makes the Findings described below. The Findings are based upon the entire record before the City Council, as described in Subsection 1.3 below, including the Environmental Impact Report (`BIR") prepared for the Project by the City of Newport Beach (the "City") acting as lead agency under the California Environmental Quality Act ("CEQA"). Hereafter, the Notice of Preparation, Notice of Availability, Draft EIR, Technical Studies, Final EIR (containing responses to public comments on the Draft EIR and textual revisions to the Draft EIR), and the Mitigation Monitoring and Reporting Program will be referred to collectively herein as the "EIR" unless otherwise specified. 1.1 Findings Required Under CEQA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" The statute also provides that the procedures required by CEQA are "intended to assist public agencies in systematically identifying both the significant effects of projects and the feasible alternatives or feasible mitigation measures which will avoid or lessen such significant effects." Finally, Section 21002 indicates that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." The mandate described in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. For each significant environmental effect identified in an EIR for a Project, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. The second permissible finding is that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. The third potential conclusion is that specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (CEQA Guidelines, § 15091.) Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, legal, and technological factors." 16-57 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 1.2 Project Summary 1.2.1 Site Location The approximately 1.26 -acre Project site is located in the City of Newport Beach, in western Orange County, California. From a regional perspective, the Project site is located in the western portion of the City of Newport Beach, to the south of the City of Costa Mesa and to the west of the City of Irvine. John Wayne Airport (JWA) is located approximately 3.6 miles north/northeast of the Project site and is the nearest public airport to the Project site. State Route 1 (SR -1), also known as East Coast Highway, is located approximately 0.31 -mile south of the Project site. MacArthur Boulevard is located approximately 0.3 -mile east of the Project site and provides access to California State Route 73 (SR -73), located approximately 2.0 miles northeast of the Project site. 1.2.2 Project Overview The Project that was analyzed in the EIR that was publicly distributed in May 2016 involved the demolition and removal of existing on-site improvements and redevelopment of the property with a seven -story luxury high-rise condominium building. The EIR included an analysis of a Reduced Dwelling Units and Building Height Alternative that contemplated the reduction of the overall building height proposed at the Project site with a corresponding reduction in the number of dwelling units that would be constructed. The Project, as adopted by the City Council, further reduces the overall building height and land use intensity at the site in comparison to the Reduced Dwelling Units and Building Height Alternative analyzed in the EIR. The City's goal in selecting the Reduced Dwelling Units and Building Height Alternative over the originally proposed project is to ensure that the proposed building would be of a height and residential density that would be harmonious with surrounding land uses while minimizing the obstruction of public views within the Project area. In general, impacts associated with the Project as approved will be similar (or reduced) to impacts associated with the originally proposed project (see, e.g., DEIR page 6-43 through 6-44 (Table 6-2.) Based on the originally proposed project, the EIR analyzed development of the following specific development components: Existing improvements onsite would be demolished including a car wash with an ancillary gas station, and convenience market, asphalt and concrete parking areas, and ornamental landscaping. Construction of one seven -story building with an approximate gross floor area of 163,260 square feet (s.f.) containing 49 condominium units. The residential units would be comprised of 10 townhomes, 35 residential flats, and four penthouses; parking would be enclosed with three additional subterranean levels. Existing ornamental street trees would be removed along both sides of Anacapa Drive and new trees and landscaping would be planted on both sides of Anacapa Drive to provide enhanced landscaping as part of the Project. The existing median located immediately south of the Project site would be filled in and landscaped to direct traffic flow in and out of the proposed southern garage entry/exit. Subsequently, as detailed in the Final EIR for 150 Newport Center, after public review of the Draft EIR the City of Newport Beach determined that it would consider the adoption of the Reduced 2 16-58 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 Dwelling Units and Building Height Alternative with modifications to further reduce the building height and number of dwelling units. Accordingly, the project was modified to propose one (1) five - story, 131,878 square foot building with a maximum height of 52.5 feet (plus 6 feet for mechanical equipment) containing 35 condominium units and two levels of subterranean parking. All other components of the project would be the same or accordingly reduced as those identified for the original project detailed in the EIR. This Project would result in an overall 25 foot reduction in the building height, 14 fewer dwelling units, 31,382 less square feet and one less subterranean parking level as compared to the originally proposed project. Additionally, as detailed in the Final EIR for 150 Newport Center, the City has determined that the project site would be added to the Block 100 subarea of the existing North Newport Center Planned Community 56 (PC 56) in lieu of approving a new Planned Community encompassing only the project site (as identified in the EIR). This modification would result in an elimination in the need for a waiver of the 10 -acre minimum for new Planned Communities in accordance with City of Newport Beach Zoning Code Section 20.56.020. The project requires the following: A General Plan Amendment (GP2014-003) to change the land use designation of the Project site from "Regional Commercial Office (CO -R)" to "Multiple Unit Residential (RM)." An anomaly would need to be established with Table LU2 (Anomaly Locations) authorizing an additional development intensity of 35 units in Statistical Area Ll for the Project site. An amendment to the Zoning Code (CA2014-008) to apply the "PC (Planned Community District)" zoning designation to the entire 1.26 -acre site. Amendment of the North Newport Center Planned Community 56 (PC 56) Development Plan to incorporate the 1.26 -acre site into the Block 100 sub -area and to develop a specific set of development standards and procedures associated with only the project site. A Site Development Review (No. SD2014-006), which is required to fulfill the requirements of NBMC Section 20.52.080 (Site Development Reviews) because the Project would consist of a residential development with five or more dwelling units with a tentative map. Tentative Tract Map No. 17555 (NT2015-003) provides a legal description for the Project site and would allow the individual units to be sold as condominiums. The map also shows the location of the following: proposed and existing sewer lines, sewer lateral, existing driveway easements, fire hydrants, domestic and irrigation water lines, fire water lines, electric vaults, and the location of the existing building on-site to be demolished. M 16-59 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 Development Agreement No. DA2014-002 will provide public benefits should the project be approved. The Development Agreement will provide the Project Applicant with assurance that development of the Project may proceed subject to the rules and regulations in effect at the time of Project approval. The Development Agreement also will provide the City of Newport Beach with assurance that certain obligations of the Project Applicant will be met, including but not limited to, how the Project will be phased the Applicant's contribution of a public benefit fee and other conditions. 1.2.3 Project Objectives The following is a list of specific objectives that the proposed Project is intended to achieve. A. Redevelop an underutilized property in Newport Center. B. Redevelop an underutilized property with a use that is financially feasible to construct and operate. C. Make efficient use of existing infrastructure by repurposing a property with a higher and better use than currently occurs on the property. D. Maximize the surface use of a redeveloped property by accommodating parking underground. E. Respond to the demand for luxury, multi -family, high-rise residential development in the City of Newport Beach. F. Add for -sale, owner -occupied housing units in Newport Center to diversify the mix of uses and the range of available residential housing unit types. G. Introduce a luxury, multi -family residential development in Newport Center than can attract households in the surrounding area that are seeking to downsize from a single- family home, thereby making those single-family homes available for resale. H. Provide a new multi -family residential development in Newport Center that is within walking distance of, and has pedestrian connections to, employment, shopping, entertainment, public services, and recreation. I. Maintain high-quality architectural design in Newport Center by adding a building that has a recognizable architectural style and that complements the architectural styles that exist in the surrounding Newport Center community. J. Implement a residential development that provides on-site amenities for its residents. K. Redevelop a property that uses outdated operational technologies with a new use that is designed to be energy efficient and avoid the wasteful use of energy and water. 4 16-60 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 1.2.4 City of Newport Beach Actions Covered By the EIR The following discretionary and administrative actions are required of the City to implement the Project. The EIR prepared for the Project covers all discretionary and administrative approvals which may be needed to construct or implement the Project, whether or not they are explicitly listed below. Approve General Plan Amendment No. GP2014-003; Approve Zoning Code Amendment No. CA2014-008; Approve an amendment to the North Newport Center Planned Community (PC 56); Approve Site Development Review No. SD2014-006; Approve Tentative Tract Map No. 17555 (NT2015-003); Approve Development Agreement No. DA2014-002; Approve final maps, parcel mergers, lot line adjustments, or parcel consolidations as may be appropriate; Approve water, sewer, and storm drain infrastructure design; Issue grading permits; Issue building permits; Approve road improvement plans; and Issue encroachment permits. 1.2.5 Approvals From Other Agencies The Project would require a National Pollutant Discharge Elimination System (NPDES) Permit from the Santa Ana Regional Water Quality Control Board because NPDES permits apply to construction sites of one acre or more and Project construction would disturb more than one acre of land. The Project would require approval from the Orange County Health Care Agency because this agency oversees the underground storage tank inspection program throughout Orange County, including the City of Newport Beach, and underground tanks are proposed to be removed from the Project site during the construction process. �1 16-61 ISO NEWPORT CENTER FINDINGS OF FACT 1.3 Environmental Review and Public Participation SCH No. 2016011032 The City conducted an extensive environmental review of the Project to ensure that the City's decision makers and the public are fully informed about potential significant environmental effects of the Project; to identify ways that environmental damage can be avoided or significantly reduced; to prevent significant, avoidable damage to the environment by requiring changes in the Project through the use of mitigation measures which have been found to be feasible. In order to do this, the City, acting as lead agency under CEQA, undertook the following: Prepared a Mitigated Negative Declaration (MND) for the Project that was circulated for a 26 -day review period on September 11, 2015. After the close of the public review period and review of public comments, the City of Newport Beach determined that an Environmental Impact Report should be prepared for the proposed Project. Prepared an Initial Study, dated January 11, 2016, and a Notice of Preparation, dated January 12, 2016, which were used as the basis for the determination that a Focused Project EIR, as defined by CEQA Guidelines § 15161, is required. The Initial Study identified the environmental issues to be analyzed in the Project's EIR as: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Land Use/Planning, Noise, and Transportation/Traffic. Circulated the Initial Study and Notice of Preparation to the California Office of Planning and Research (the "State Clearinghouse"), Responsible Agencies, Trustee Agencies, and other interested parties on January 12, 2016, for a 30 -day review period; Held a publicly noticed EIR Scoping Meeting at the City of Newport Beach Civic Center Community Room, located at 100 Civic Center Drive, Newport Beach, CA 92660 on January 27, 2016 at 6:00 PM, to solicit comments from the public on the environmental issue areas that should be analyzed in the EIR; Sent a Notice of Completion and copies of the Draft EIR to the California Office of Planning and Research, State Clearinghouse, on May 10; 2016. Mailed a Notice of Availability to all Responsible Agencies, Trustee Agencies, the Orange County Clerk, other interested parties, and organizations and individuals who had previously requested the Notice to inform recipients that the Draft EIR was available for a 45 -day review period beginning on May 13, 2016, and ending on June 27; 2016. Provided copies of the Draft EIR to five public agencies, organizations, and individuals on May 13, 2016. Placed copies of the Draft EIR on the City's website, at the City Community Development, Planning Division's public counter. 0 16-62 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 Proposed responses to comments on the Draft EIR received during the 45 -day comment period on the Draft EIR, which have been included in the Final EIR; Sent individual responses to all public agencies, organizations, and individuals who submitted comments the Draft EIR on 09/02/2016; Published a notice on 08/20/2016, in the Daily Pilot, the newspaper of general circulation in the area affected by the Project, that the Planning Commission would hold a public hearing on September 1St, 2016, to consider CEQA and components of the Project and certification of the Final EIR to the City Council; Published a notice on 08/20/2016, in the Daily Pilot, the newspaper of general circulation in the area affected by the Project, that the Planning Commission would hold a public hearing on September 1St, 2016, to consider recommending approval of the Project and certification of the Final EIR to the City Council; Mailed notice of the Planning Commission hearing to all property owners within a 300 - foot radius of the Project site on 08/19/2016; Sent notice of the Planning Commission's hearing to all organizations and individuals who had previously requested notification of anything having to do with the Project on 08/26/2016; and Held a public hearing of the Planning Commission on September 1St, 2016, and, after full consideration of all comments, written and oral, recommended to the City Council that the Project be denied. Published a notice on 09/17/2016 , in the Daily Pilot the newspaper of general circulation in the area affected by the Project, that the City Council would hold a public hearing on September 27, 2016, to consider approval of the Project and certification of the Final EIR; Mailed notice of the City Council hearing to all property owners within a 300 -foot radius of the Project site on 09/16/2016 ; Sent notice of the City Council's hearing to all organizations and individuals who had previously requested notification of anything having to do with the Project on 09/22/2016 ; and Held a public hearing of the City Council on September 27, 2016, and, after full consideration of all comments, written and oral, certified that the Final EIR had been completed in compliance with CEQA and approved the Project. All of the documents identified above and all of the documents which are required to be part of the record pursuant to Public Resources Code § 21167.6(e) are on file with the City of Newport Beach 7 16-63 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 Community Development Department at 100 Civic Center Drive, Newport Beach, CA 92660. Questions should be directed to Makana Nova, Associate Planner. M 16-64 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 2.0 Environmental Impacts and Findings 2.1 General Findings 2.1.1 Independent Judgment Finding ❑ Finding The EIR for the Project reflects the City's and the City Council's independent judgment and analysis. ❑ Facts in Support of the Finding The EIR was prepared by T&B Planning, Inc., an independent, professional consulting firm hired and funded by the City of Newport Beach, and working under the supervision and direction of the Planning Division staff of the City's Community Development Department. The City Council, as the City's final decision-making body for the Project, received and reviewed the EIR and the comments, written and oral, provided by public agencies and members of the public prior to certifying that the EIR complied with CEQA. The professional qualifications and reputation of the EIR Consultant, the supervision and direction of the EIR Consultant by City staff, the thorough and independent review of the Draft EIR and Final EIR, including comments and responses, by City staff, and the review and careful consideration of the Final EIR by the Planning Commission and City Council, including comments and responses, all conclusively show that the Final EIR is the product of and reflects the independent judgment and analysis of the City as the Lead Agency, and of the City Council as the decision-making body for the Project. 2.1.2 Finding of the Absence of any Need to Recirculate the EIR ❑ Finding The City Council finds that the Final EIR does not add significant new information to the Draft EIR that would require recirculation of the EIR. ❑ Facts in Support of the Finding The City Council recognizes that the Final EIR incorporates information obtained and produced after the Draft EIR was completed and that the Final EIR contains additions, clarifications and minor modifications to the Draft EIR. As described above, after circulation of the Draft EIR, the City has elected to consider the approval of a modification to the Reduced Dwelling Units and Building Height Alternative, which would result in the redevelopment of the site with a five -story, 35 unit condominium building with a maximum height of 52.5 feet (plus 6 feet for mechanical equipment), which, due to the reduced nature of the project (i.e. fewer residential units and a lower building height), would result in a reduction to the environmental impacts compared to the seven -story, 49 unit condominium Project analyzed in the Draft EIR. Thus, no further environmental review is required for the adoption of the modified Reduced Dwelling Units and Building Height Alternative. Additionally, the City has determined that the project site would be added to the Block 100 subarea of the existing PC 56 in lieu of approving a new Planned Community encompassing only the project site (as identified in the EIR). This modification would represent an administrative change that VJ 16-65 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 would not result in any new physical environmental impacts. This, no further environmental review is required for the amendment to the Block 100 sub -area of the existing PC 56. The City Council has reviewed and considered the Final EIR and all of the information contained in it and has determined that the new information added to the Final EIR does not involve a new significant environmental impact, a substantial increase in the severity of an environmental impact nor a feasible mitigation measure or an alternative considerably different from others previously analyzed that the Project applicant declined to adopt and that would clearly lessen the significant environmental impacts of the Project. No information provided to the City Council indicates that the Draft EIR was inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR. 2.1.3 General Finding on Mitigation Measures ❑ Findin Unless specifically stated to the contrary in these findings, it is the City's intent to adopt all mitigation measures recommended by the EIR which are applicable to the Project. If a measure has, through error, been omitted from the Conditions of Approval or from these Findings, and that measure is not specifically reflected in these Findings, that measure shall be deemed to be adopted pursuant to this paragraph. In addition, unless specifically stated to the contrary in these Findings, all Conditions of Approval repeating or rewording mitigation measures recommended in the EIR are intended to be substantially similar to the mitigation measures recommended in the EIR and are found to be equally effective in avoiding or lessening the identified environmental impact. In each instance, the Conditions of Approval contain the final wording for the mitigation measures. 2.2 Impacts Identified in the EIR as Potentially Significant that Have been Mitigated to Less than Significant The EIR for the Project identifies significant adverse direct and cumulative impacts of the proposed Project and includes mitigation measures to avoid or lessen impacts to less than significant. Those impacts and mitigation measures are identified in the following sections. The City Council finds, based on the facts set forth in the record, which include but are not limited to the facts as set forth below, that the incorporation of the identified mitigation measures will mitigate the Project's identified significant adverse direct and cumulative impacts to a level that is considered less than significant. These findings have been prepared and considered in accordance with California Environmental Quality Act (CEQA) Guideline § 15 09 1. I••01 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 2.2.1 Biological Resources A. Interfere substantially with migratory species, migratory wildlife corridors, or wildlife nursery sites ❑ Potential Significant Impact The Project has the potential to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites (Threshold d). ❑ Findings Based on the entire record, the City finds that the Project site and adjacent properties do not provide habitat for native species, are not part of a terrestrial wildlife movement corridor, and do not serve as a native wildlife nursery site. The Project has the potential to impact migratory bird species that could be nesting in trees at the time of the tree removal. Changes or alterations have been required in, or incorporated into, the Project which avoid the significant impact identified in the EIR. ❑ Facts in Support of the Findings Under existing conditions, the Project site is developed with a car wash, ancillary gas station and convenience market, and a parking lot and is surrounded by improved roadways (Newport Center Drive and Anacapa Drive) and urban development. Thus, under existing conditions, the Project site and adjacent properties do not provide habitat for native species, are not part of a terrestrial wildlife movement corridor, and do not serve as a native wildlife nursery site. However, 28 ornamental trees are located on and near the site that could provide nesting areas for birds. Due to the proposed median improvements (filling in and landscaping of the existing median), removal of 28 existing trees on the site, and removal of nine street trees along Anacapa Drive (six on the Project side and three on the opposite side of the street), the Project would have the potential to impact migratory bird species that could be nesting in trees at the time of the tree removal (EIR at 4.3-5). Ornamental trees are located on and near the site that could provide nesting areas for birds. Other projects within the Newport Beach area, including other development projects within the Project area, would similarly have the potential to impact protected nesting birds and be subject to compliance with applicable federal and State regulations. The Project's potential impact to nesting birds would be cumulatively considerable absent compliance to federal and State regulations (EIR at 4.3-7). Incorporation of Mitigation Measure MM 4.3-1 would eliminate the Project's potential to result in an adverse effect to nesting birds by requiring that any tree removal activities occur outside of the nesting season (February 1st to August 31st). Additionally, if it is necessary for tree removal activities to occur between February I" and August 31st, the Director of Community Development shall require a pre -construction nesting bird survey to be conducted by a qualified biologist within seven (7) days prior to any tree removal activities (EIR at 4.3-8). This Mitigation Measure is listed below, are is adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. 16-67 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 MM 4.3-1 Prior to the issuance of a demolition permit, the Director of Community Development shall ensure that any tree removal activities occur outside of the nesting season (February 1st to August 31st). If it is determined necessary for tree removal activities to occur between February 1st and August 31st, the Director of Community Development shall require a pre -construction nesting bird survey to be conducted by a qualified biologist within seven (7) days prior to any tree removal activities. Any active nests identified shall have a buffer area established within a 100 foot radius (200 foot for birds of prey) of the active nest. Disturbance shall not occur within the buffer area until the qualified biologist determines that the young have fledged. Demolition and construction activity may only occur within the buffer area at the discretion of the qualified biologist. 2.2.2 Cultural Resources A. Result in a substantial adverse change in the significance of an archaeological resource ❑ Potential Significant Impact The Project has the potential to cause a substantial adverse change in the significance of an archaeological resource as defined in California Code of Regulations, Section 15064.5 (Threshold b). ❑ Findings Based on the entire record, the City finds that implementation of the Project has the potential, however unlikely, to unearth and adversely impact significant archaeological resources that may be buried beneath the ground surface and discovered during Project construction activities. Changes or alterations have been required in, or incorporated into the Project which avoid the significant impact identified in the EIR. ❑ Facts in Support of the Findings The Project site is fully disturbed to a depth of 9-14 feet below existing grade and is developed on the surface with a car wash, ancillary gas station and convenience market, and a parking lot and associated features. The excavation for the proposed Project's subterranean parking structure is estimated to range from approximately 30-40 feet below the proposed final ground surface. Due to the depth of the excavation required for the proposed subterranean parking structure, there is a potential that previously unearthed archeological resources may be encountered where excavation depths exceed the depth of disturbance associated with previous construction activities. If archeological resources are unearthed during Project excavation that meet the CEQA Guidelines § 15064.5 definition of a significant resource, potentially significant impacts to archeological resources could occur (EIR at 4.4-9). Incorporation of Mitigation Measure MM 4.4-1 would require the Project to implement an archeological monitoring and treatment program during construction, should archeological resources be found, which would reduce potentially significant impacts to a less than significant level (EIR at 12 1 060M 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 4.2-12 and 4.4-13). This Mitigation Measure is listed below, is adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. MM 4.4-1 Prior to the issuance of grading permits, the Director of Community Development shall ensure that following provision is included on the grading plan(s), and the construction contractors) shall be required to comply with the provision. "If evidence of subsurface archaeological resources is found during construction, excavation and other construction activity shall cease and the construction contractor shall contact the City of Newport Beach Community Development Director. With direction from the Community Development Director, a qualified archeologist meeting the Secretary of the Interior Professional Qualification for Archeology shall be retained to evaluate the discovery prior to resuming grading in the immediate vicinity of the find. If warranted, the archaeologist shall collect the resource and prepare a technical report describing the results of the investigation. The test -level report shall evaluate the site including discussion of the depth, nature, condition, and extent of the resources, final remediation recommendations, and cost estimates. " B. Destroy a unique paleontological resource or site or unique geologic feature ❑ Potential Significant Impact The Project has the potential to directly or indirectly destroy a unique paleontological resource or unique geologic feature (Threshold c). ❑ Findings Based on the entire record, the City finds that implementation of the Project has the potential unearth and adversely impact paleontological resources that may be buried beneath the ground surface and discovered during Project -related grading and excavation activities. Changes or alterations have been required in, or incorporated into the Project which avoid the significant impact identified in the EIR. ❑ Facts in Support of the Findings The Project site is fully disturbed to a depth of 9-14 feet below existing grade and developed on the surface with a car wash, ancillary gas station and convenience market, and a parking lot and associated features. The excavation for the proposed Project's subterranean parking structure is estimated to range from approximately 30-40 feet below the proposed final ground surface. Due to the depth of the excavation required for the proposed subterranean parking structure, previously unearthed paleontological resources may be encountered where excavation depths exceed the depth of soils that were disturbed by previous construction activities. Although unlikely, the potential for uncovering significant paleontological resources during excavation would result in a potentially significant impact (EIR at 4.4-9). 191 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 The Project's potential to directly or indirectly destroy unique paleontological resources buried beneath the ground surface is a significant impact and mitigation is required. Incorporation of Mitigation Measure MM 4.4-2 would require the Project to implement a paleontological monitoring and treatment program during construction, should paleontological resources be found, which would reduce potentially significant impacts to a less than significant level (EIR at 4.2-12 and 4.4-13). This Mitigation Measure is listed below, is adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. MM 4.4-2 Prior to the issuance of grading permits, the Director of Community Development shall ensure that following provision is included on the grading plan(s), and the construction contractors) shall be required to comply with the provision. "If evidence of subsurface paleontological resources is found during construction, excavation and other construction activity in that area shall cease and the construction contractor shall contact the City of Newport Beach Community Development Director. With direction from the Community Development Director, a qualified paleontologist meeting the Secretary of the Interior Professional Qualification for Paleontology shall evaluate the find. If warranted, the paleontologist shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of identified resources. " 2.2.3 Geology and Soils A. Be located on a geologic unit or soil that is unstable? ❑ Potential Significant Impact The Project has the potential to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Threshold c). ❑ Findings Based on the entire record, the City finds that the Project site contains varying earth units across the site; fill of varying composition; sandy marine terrace deposits; potentially diatomaceous siltstone and sandstone bedrock; the potential for presence of perched groundwater and saturated soils; and the potential for presence of weather/low density bedrock. The Project site is not identified as being located in an area with landslides or liquefaction. Thus, there would be no potential for impacts due to landslides and liquefaction. Changes or alterations have been required in, or incorporated into the Project which avoid the significant impact identified in the EIR (EIR at 4.5-10). ❑ Facts in Suipport of the Findings The Project proposes to redevelop the Project site as a residential condominium building with subterranean parking. The Geotechnical Feasibility Report indicates that during Project construction, the excavation for the three-level subterranean parking garage would expose up to 20 feet of bedrock, with an estimated 2 to 8 feet of terrace deposits and up to 14 feet of artificial fill. There may be local 14 16-70 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 seepage and wet sands within the fill/terrace and terraceibedrock contacts, which would require the implementation of dewatering techniques in accordance with applicable local, State, and federal regulations. Therefore, these slopes excavated for construction of the subterranean portions of the building could locally slough or potentially slump along the contact, and would be subject to instability during Project excavation. The execution of construction activities in unstable soil conditions could lead to environmental effects associated with lengthening the construction process (temporary air emission and construction -related noise, for example). Therefore, a potentially significant construction -related impact associated with unstable soils would occur during Project construction (EIR at 4.5-10). The application of Mitigation Measure MM 4.5-1 would require that the Building Official or his/her designee shall ensure that the grading plan indicates the methods by which adequate shoring will occur. The application of Mitigation Measure MM 4.5-1 would ensure that the subsurface excavation will not slough or slump (EIR at 4.5-12). This Mitigation Measure listed below is adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. MM 4.5-1 Slopes created during subsurface excavations associated with the Project's construction process shall be shored in accordance with OSHA excavation safety regulations (Title 29 Code of Federal Regulations, Part 1926.650-652 [Subpart PJ) to the satisfaction of the City of Newport Beach Building Official. Prior to the issuance of a grading permit, the Building Official or his/her designee shall ensure that the grading plan indicates the methods by which adequate shoring will occur. The shoring methods must ensure that the subsurface excavation will not slough or slump. The Construction Contractor shall implement the shoring requirements throughout the subsurface excavation period and allow inspection of the shoring method by the City of Newport Beach. B. Be located on expansive soil? ❑ Potential Significant Impact The Project has the potential to be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Threshold d). ❑ Findings Based on the entire record, the City finds that there is a potential for expansive soils to be encountered during the Project's grading operation. Changes or alterations have been required in, or incorporated into the Project which avoid the significant impact identified in the EIR. ❑ Facts in Supporf of the Findings On-site soil testing conducted by the Project's geotechnical engineer, NMG (Technical Appendix D), concluded that the expansion potential of on-site soils is likely to generally range from "Very Low" to "Medium" within the terrace and existing fill materials. Soils with "High" expansion are likely to be encountered in the siltstone/claystone of the Monterey Bedrock. The potential for expansive soils 0161 16-71 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 to be encountered at the Project site represents a potentially significant impact, because the presence of expansive soil could lead to structural instability if the soils are not properly treated during the construction process (EIR at 4.5-10). The application of Mitigation Measure MM 4.5-2 would require that the Building Official or his/her designee shall ensure that the grading plan indicates a subsurface soil content that is non -expansive and compacted to at least 90 percent. The application of Mitigation Measure MM 4.5-2 would ensure that expansive soils are blended with other soil material and compacted so as to not create a geologic hazard (EIR at 4.5-12). This Mitigation Measure listed below is adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. MM 4.5-2 Expansive soils shall not be present as fill material below the building slab and footings. During the property's site preparation and grading phases, expansive soils shall be mixed with other soil material to provide a uniform blend of material, compacted to a minimum of 90 percent relevant compaction, to the satisfaction of the City of Newport Beach Building Official. Prior to the issuance of a grading permit, the Building Official or his/her designee shall ensure that the grading plan indicates a subsurface soil content that is non -expansive and compacted to at least 90 percent. The Construction Contractor shall implement the requirements throughout the site preparation and grading process and allow inspection of grading by the City of Newport Beach. 2.2.4 Noise A. Result in exposure to or generation of noise levels in excess of standards ❑ Potential Significant Impact The Project has the potential to expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies (Threshold a). ❑ Findings Based on the entire record, the City finds that although the construction noise that would occur during the two days where construction would begin at 6 a.m. is not anticipated to result in adverse effects to sensitive receptors, in an abundance of caution this impact is regarded as potentially significant (EIR at 4.8-9). The City finds that under long-term operating conditions, the Project would not generate substantial amounts of stationary noise that would violate the noise standards established in NBMC Chapter 10.26 (Community Noise Control) (EIR at 4.8-10). The City finds that because the Project would not increase exterior noise levels, impacts associated with noise resulting from Project -generated vehicular trips would be less than significant (Ibid.). The City finds that the Project would be required to be designed to attenuate noise for residents to a level that is within the City's standards; thus, impacts would be less than significant in relation to noise standards established in the City's General Plan and Municipal Code for on-site residential uses (Ibid.). Changes or alterations have been required in, or incorporated into the Project which avoid the significant impact identified in the EIR. ff1 16-72 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 ❑ Facts in Support of the Findings Construction noise and noise from construction -related traffic (including haul truck trip noise) would be temporary in nature and would be required to comply with all City requirements. Construction noise is explicitly exempted from the noise standards specified in Municipal Code § 10.26 (Community Noise Control), provided such activities adhere to the timing restrictions specified in Municipal Code § 10.28 (Loud and Unreasonable Noise). The Construction Activity -Noise Regulations in § 10.28.040 (Construction Activity -Noise Regulations) limits construction activities to between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday and between the hours of 8:00 a.m. and 6:00 p.m. Saturdays, and prohibits construction activities on Sundays and federal holidays. The Project Applicant is proposing to deviate from § 10.28.040 during a period of approximately two days, when construction staging activities associated with the construction of the building foundation would begin on the Project site at 6:00 a.m., instead of 7:00 a.m. The Project's construction activities would comply with all of the City's other Municipal Code requirements (EIR at 4.8-9). Due to the over'/2-mile distance between each of the cumulative projects, noise receptors would not be subject to construction noise from these projects at the same time, except for nominal increases in construction -related vehicular traffic. The Project's contribution to any cumulative traffic noise concern would be less than significant, because the volume of construction traffic would be less than the volume of traffic generated by the existing on-site car wash operation. Therefore, the Project would have less than significant and less than cumulatively considerable construction -related noise impacts (EIR at 4.8-14). The proposed Project would result in a reduction in the total number of average daily vehicular trips by 614 trips, compared to existing conditions, which would result in a reduction in vehicular noise compared to existing conditions. Also, any generation of noise on the Project site or due its operation is expected to be low in volume and required to comply with NBMC Chapter 10.28 (Loud and Unreasonable Noise). All other properties in Newport Beach are equally subject to NBMC Chapter 10.28, compliance with which would reduce any cumulative noise levels of a level of below significance and control any unusual noise generated on any property. Thus, the Project would have less -than -significant and less -than -cumulatively considerable operational -related noise impacts (EIR at 4.8-14). Application of Mitigation Measures MM 4.8-1 and MM 4.8-2 would require the installation of sound blankets and inspection of construction equipment and would reduce temporary construction noise to less -than -significant levels (EIR at 4.8-15 and 4.8-16). These Mitigation Measures are listed below, are adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. MM 4.8-1. Construction staging before 7:00 a.m. shall only be permitted with the express written consent of the Building Official. Residents of the Granville community shall be notified in advance of the proposed construction hours and sound blankets shall be installed on-site to minimize noise during these hours. A sound blanket is a sound -absorbing material that can be hung on construction fencing or other surface 17 16-73 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 located between the noise source and noise receiver to reduce noise levels at the receiver location. Back-up alarms on construction vehicles shall be disabled when construction vehicles are operating on the Project site before 7:00 a.m. MM 4.8-2. The construction contractor shall inspect all motorized construction equipment operating on the site monthly, to ensure the proper installation of noise -attenuating mufflers. Inspection records shall be made available to the City of Newport Beach upon request. B. Result in a substantial or temporary periodic increase in ambient noise levels? ❑ Potential Significant Impact The Project has the potential to result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the Project (Threshold d). ❑ Findings Based on the entire record, the City finds that construction would be confined to between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday and between the hours of 8:00 a.m. and 6:00 p.m. Saturdays, with the exception of two days when construction staging activities also would occur from 6:00 a.m. to 7:00 am. Although the construction noise that would occur during the two days when construction would begin at 6 a.m. is not anticipated to result in adverse effects to sensitive receptors, in an abundance of caution this impact is regarded as potentially significant. Changes or alterations have been required in, or incorporated into the Project which avoid the significant impact identified in the EIR. ❑ Facts in Support of the Findings During demolition of the Project site's existing car wash operation and other on-site improvements and the construction of the proposed Project, equipment including concrete/industrial saws, rubber tired dozers, tractors/loaders/backhoes, graders, cranes, forklifts, generator sets, welders, cement and mortar mixers, pavers, paving equipment, rollers and air compressors would generate noise at the Project site. Refer to Table 3-2, Construction Equipment, in EIR Section 3.0. Back-up beepers on construction vehicles are usually particularly audible as a discrete sound, as they are designed to draw attention for safety purposes. Although it is highly improbable that all pieces of construction equipment listed on Table 3-2 would be operating simultaneously on the Project site, for analysis purposes herein, it is assumed that all pieces of construction equipment listed in Table 3-2 would be used daily. Temporary and periodic noise levels approaching 90 dBA have the potential to occur during the grading and excavation phase of the construction process when the largest pieces of equipment are operating. As detailed in Table 3-1, Construction Duration, in EIR Section 3.0, this phase of construction is anticipated to occur over a period of approximately 30 working days. The temporary and periodic increase in noise is considered a less -than -significant impact because loud noise would be periodic and occur fewer than 8 hours per day; also, due to the commercial character of surrounding properties, persons on adjacent properties would spend a majority of their time indoors with windows closed and not be exposed to loud construction noise. Typical building construction provides a noise reduction of approximately 12 dBA with windows open, so even if IB] 16-74 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 windows were open, the loudest construction noise exposure would be roughly 78 dBA, assuming the worst-case scenario of construction equipment producing a periodic noise level of nearing 90 dBA at an adjacent property line with no intervening noise attenuation. Given the Project's construction schedule (30 days during the grading and excavation phase when noise would be the loudest) and expected construction equipment fleet, construction -related noise would not occur for a period long enough or loud enough to cause hearing damage to receivers at off-site properties. Due to the predominantly commercial nature of surrounding land uses, there is only one sensitive receptor that is close enough to the Project site to experience loud noise, the Newport Center Women's Health Center, located approximately 100 meters south of the Project site at 180 Newport Center Drive. Noise diminishes with distance and as such, the distance of 180 Newport Center Drive from the Project site diminishes construction noise impacts from the proposed Project. For these reasons, temporary and periodic construction -related noise impacts would be less -than -significant. Regardless, mitigation measures are recommended herein to reduce the potential for general nuisance noise from construction activity associated with the proposed Project (EIR at 4.8-11 and 4.8-12). Due to the over'/2-mile distance between each of the cumulative projects, noise receptors would not be subject to construction noise from these projects at the same time, except for nominal increases in construction -related vehicular traffic. The Project's contribution to any cumulative traffic noise concern would be less than significant, because the volume of construction traffic would be less than the volume of traffic generated by the existing on-site car wash operation. Therefore, the Project would have less than significant and less than cumulatively considerable construction -related noise impacts (EIR at 4.8-14). Application of Mitigation Measures MM 4.8-1 and MM 4.8-2 would require the installation of sound blankets and inspection of construction equipment and would reduce temporary construction noise to less -than -significant levels (EIR at 4.8-15 and 4.8-16). These Mitigation Measures are listed below, are adopted and incorporated into the MMRP for the Project, and will be implemented as specified therein. MM 4.8-1. Construction staging before 7:00 a.m. shall only be permitted with the express written consent of the Building Official. Residents of the Granville community shall be notified in advance of the proposed construction hours and sound blankets shall be installed on-site to minimize noise during these hours. A sound blanket is a sound -absorbing material that can be hung on construction fencing or other surface located between the noise source and noise receiver to reduce noise levels at the receiver location. Back-up alarms on construction vehicles shall be disabled when construction vehicles are operating on the Project site before 7: 00 a.m. MM 4.8-2. The construction contractor shall inspect all motorized construction equipment operating on the site monthly, to ensure the proper installation of noise -attenuating mufflers. Inspection records shall be made available to the City of Newport Beach upon request. a 16-75 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 2.3 Impacts Determined by the EIR to be Sianificant and Unavoidable As detailed in EIR Sections 4.1 through 4.9, there are no impacts determined to be significant and unavoidable after implementation of mitigation. 2.4 Sianificant Irreversible Environmental Effects ❑ Findings Based on the entire record, the City finds that the Project would not cause an irreversible change that would result in a significant adverse effect to the environment. ❑ Facts in Support of the Findings As thoroughly described in Subsections 4.1 through 4.9 of this EIR, the proposed Project would result in no impacts to the environment that cannot be reduced to below a level of significance after the implementation of relevant standard conditions of approval, mandatory compliance with applicable laws and regulations, and application of feasible mitigation measures (EIR at 5-1). Natural resources in the form of construction materials and energy resources would be used in the construction of the proposed Project, but redevelopment of the Project site as proposed would have no measurable adverse effect on the availability of such resources, including resources that may be non-renewable (e.g., fossil fuels). Construction and operation of the proposed Project would not involve the use of large sums or sources of non-renewable energy. Additionally, the Project is required by law to comply with the California Building Standards Code (CALGreen), compliance with which reduces a building operation's energy volume that is produced by fossil fuels (Ibid.). The consumption of non-renewable resources to construct and operate the Project over the long-term would likely commit subsequent generations to the same use of the land and similar patterns of energy consumption, since the development of this Project represents a large investment of capital and thus reduces the likelihood that the completed Project would be demolished and some alternative land uses developed in the near future. However, due to the limited scale of the proposed development on 1.26 acres, and because the Project would occur in Newport Center within a predominately built -out portion of the City of Newport Beach, the proposed Project would not be expected to either directly or indirectly result in significant irreversible environmental changes to the Newport Center area. The Newport Center area is developed with urban uses and will continue to be developed with urban uses into the foreseeable future. Because no natural resources occur within the Project site, the Project is not expected to reduce the availability of any natural resources associated with long-term operational activities (EIR at 5-2). Compliance with federal, state, and local regulations related to hazardous materials would be required of all contractors working on the property during the Project's construction and of all residents that occupy the Project's building. Moreover, the proposed Project does not include any components that would result in the storage, use, or disposal of acutely hazardous materials. As K11 16-76 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 such, construction and long-term operation of the proposed Project would not have the potential to cause significant irreversible damage to the environment, including damage that may result from upset or accident conditions. In fact, the Project's proposed removal of ACMs and USTs that exist on the site in the existing condition would lower the property's risk of a hazardous materials release in the event of an upset or accident. As demonstrated in the analysis presented throughout EIR Subsections 4.1 through 4.9, implementation of the proposed Project would result in no significant and unavoidable environmental effects that cannot be feasibly reduced to below levels of significance. After applicable mitigation, the Project would cause or contribute less -than -significant impacts associated with all environmental issues analyzed and would not result in significant irreversible environmental changes (Ibid.). 2.5 Growth Inducing Impacts of the Proposed Project ❑ Findings The Project's potential to result in growth -inducing impacts is discussed in detail in Subsection 5.3 of the EIR. Based on the entire record, the City finds that the Project would not directly or indirectly induce growth in the surrounding area which could result in a significant adverse effect to the environment. ❑ Facts in Support of the Findings Population growth would likely take place as a result of the proposed Project's operation as a residential building, but the limited intensity of population growth at the site associated with the construction of 49 residential units with 110 persons would not represent a substantial deviation from the planned growth identified in the City of Newport Beach General Plan. The Project's construction -related and operational -related employees would purchase goods and services in the region, but any secondary increase in employment associated with meeting these goods and services needs would be marginal, accommodated by existing goods and service providers, and highly unlikely to result in any new physical impacts to the environment (EIR at 5-3). The area surrounding the Project site is fully built -out and developed with a mix of non-residential uses. As the Project vicinity is built -out, the development of the proposed Project is unlikely to affect the existing uses within the surrounding properties. The proposed Project is limited to the Project site's boundaries and does it include any components that would indirectly affect existing or planned uses on neighboring properties. Accordingly, the Project would not induce growth in the Newport Center area. The placement of a seven -story residential building on the Project site, in the southern portion of Newport Center where building heights are generally lower, would not reasonably or foreseeably cause the redevelopment of other properties or cause development on other properties with taller buildings than current Zoning designations allow. (Ibid.). Furthermore, the Project's potential influence on other nearby properties to redevelop at greater intensities and/or different uses than the City's General Plan, Zoning Code, and Site Plane Ordinance allow is speculative beyond the rule of reason. CEQA does not require the analysis of speculative effects (CEQA Guidelines § 151454). If any other property owner were to propose redevelopment of a property in Newport Center or in any part of the City, the redevelopment project would require 21 16-77 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 evaluation under CEQA based on its own merits, including an analysis of direct and cumulatively considerable effects (EIR at 5-4). In general, growth induced by a project is considered a significant impact if it directly or indirectly affects the ability of agencies to provide needed public services, or if it can be demonstrated that the potential growth significantly affects the environment in some other way. A General Plan Amendment is required as this particular residential development is not currently contemplated in the General Plan. However, the development remains consistent with regional agency projections as the projected population increase would represent only a 0.123% increase over the City's estimated Department of Finance 2015 population (Ibid.). The Project site is located within a highly urbanized portion of the City of Newport Beach and is bordered by the Fashion Island shopping center to the north, and office and commercial buildings to the south, east, and west. Thus, the area surrounding the Project site is primarily characterized by commercial uses including but not limited to retail, food service, medical office, theater, professional office, and civic uses. The proposed Project would help to meet the demand for luxury multi -family residences within Newport Beach and would be served by the existing infrastructure in the Project area, as well as the nearby commercial and employment opportunities. The operation and maintenance of the Project would generate several jobs, but any potential growth -inducing impact of the employment of persons at the Project site would be offset by the removal of the jobs associated with the existing car wash and ancillary fuel operation. Accordingly, the proposed Project would not directly promote growth either at the Project site or at the adjacent and surrounding properties (Ibid.). 2.6 Project Alternatives 2.6.1 Alternatives Considered and Dismissed from Further Consideration The Project as proposed would not result in impacts that could not be reduced to less than significant, so the alternatives discussed in the EIR were developed to provide a comparative analysis of the manner in which the project site could be redeveloped while reducing or avoiding at least one of the potentially significant environmental impacts identified for the proposed Project. The City considered a number of alternatives to the proposed project, but certain alternatives were rejected from further consideration. The following alternatives were considered but rejected from further analysis for the reasons discussed below. Car Wash Redevelopment Alternative. This alternative was rejected because it would meet only one of the Project's 11 fundamental objectives. The objective that would be met is Objective A "Redevelop an underutilized property in Newport Center." Furthermore, the Project Applicant indicated that the financial cost of redeveloping the Project site with a modern car wash, including the installation of new car wash technology, would render use of the site as a new car wash uncompetitive in the economic market, particularly given that the car wash and gas stations located at Jamboree Road and San Joaquin Hills Road have been recently renovated and compete for the same market share (EIR at 6-4). As such, redevelopment of the site with a new car wash is economically unrealistic. Based on the entire record, the City considered but rejected an alternative that would result in redevelopment of the Project site with another car wash. 22 16-78 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 Offsite Location Alternative. The Project proposes to redevelop a 1.26 -acre property in the Newport Center area of the City of Newport Beach with a residential condominium project. The Project's significant effects under the topics of biology (tree removals that could potentially contain active migratory bird nests), cultural and paleontological resources (potential presence of significant subsurface resources that could be unearthed and impacted during ground excavation), geology/soils (temporary slope instability and potential for expansive soils to be encountered during ground excavation), and noise (temporary construction -related noise) would not be avoided or substantially lessened by placing the Project in another location. Implementation of the Project in any other location in or near Newport Center would likely result in tree removals and would involve the same amount of ground disturbance and subsurface excavations that would occur on the Project site thereby causing the same type of cultural and paleontological resources and geology/soils and hydrology/water quality effects (EIR at 6-4). Regarding the feasibility of finding another potential location for the Project, every developable property in Newport Center is currently developed; no vacant land having development potential is present that could be used as an alternate location for the proposed Project. Similarly, there are no existing, developed sites for sale that are a similar size as the Project site and that could reasonably be controlled by the Project Applicant for the purpose of developing the proposed Project. The current site of the Orange County Museum of Art located at 850 San Clemente Drive is of similar size, but plans for its development with a residential tower are already in process by another entity and thus the site cannot be reasonably controlled by the Project Applicant. Furthermore, the Project Applicant does not hold ownership control over any other parcels of land in or near Newport Center that could be used as an alternative location for the proposed Project. Therefore, because an alternative location is not available that would avoid or substantially lessen the significant environmental effects of the Project, and because the Project Applicant does not have ownership control over, and cannot reasonably obtain ownership control over, any other parcels of land in the nearby area under the jurisdiction of the City of Newport Beach that could accommodate the Project, an alternative location alternative is not feasible (EIR at 6-5). 2.6.2 Alternatives Considered in the EIR The EIR evaluated the No Project/No Redevelopment Alternative, No Project/Office Redevelopment Alternative, Commercial/Restaurant Redevelopment Alternative, Multiple Unit Residential (RM) Alternative, and the Reduced Dwelling Units and Building Height Alternative. Each of these alternatives is described in more detail below, followed by an assessment of the alternative's impacts relative to the proposed project. 2.6.3 No Project/No Redevelopment Alternative CEQA Guidelines §15126.6(e) requires that an alternative be included that describes what would reasonably be expected to occur on the property in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services (i.e., the "no project" alternative). 23 16-79 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 ❑ Findings Based on the entire record, the City finds that the No Project/No Redevelopment Alternative is environmentally superior to the Project, but would not attain any of the objectives for the Project. ❑ Facts in Support of the Findings Implementation of the No Project Alternative would avoid all of the Project's significant impacts to the environment. The No Project Alternative would result in no physical environmental impacts beyond those that occur under existing conditions related to the operation and maintenance of the existing car wash with ancillary gas station and convenience market. Because this alternative would avoid all of the Project's impacts, it warrants consideration as the "environmentally superior alternative." However, because the existing car wash with ancillary gas station and convenience market generate more traffic to and from the site than would the Project's proposed residential condominium building, effects associated with traffic and vehicular -related air pollutant emissions, greenhouse gas emissions, and noise would be greater under the No Project/No Redevelopment Alternative than would occur under the proposed Project. In addition, the on-site use dispenses gasoline, uses chemicals in the car washing operation, generates wastewater as a byproduct of the car washing operation, and produces noise from vacuums, dryers, and an outdoor sound amplification system which would continue to occur on the site. For these reasons, the No Project/No Redevelopment Alternative is not an environmentally superior alternative (EIR at 6-12). Furthermore, The No Project Alternative would also fail to meet all of the Project objectives. This alternative would fail to redevelop an underutilized property in Newport Center. It would not remove uses on the site that have outdated operational technologies in favor of a use designed to incorporate energy efficiency and water conservation principals. The retention of the site in its existing condition would not provide a new multi -family residential development in Newport Center that is within walking distance of, and has pedestrian connections to, employment, shopping, entertainment, public services, and recreation. Moreover, selection of the No Project Alternative would not add for -sale, owner -occupied housing units in Newport Center to diversify the mix of uses and the range of available residential housing unit types. The No Project Alternative is also not financially feasible. The Project Applicant has indicated that the existing uses are scheduled to close in late 2016 regardless if the proposed Project is implemented (Ibid.). 2.6.4 No Project/Office Redevelopment Alternative The CEQA Guidelines § 15126.6(e) requires that an alternative be included that describes what would reasonably be expected to occur on the property in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services (i.e., the "no project" alternative). Therefore, this alternative evaluates a scenario under which the Project site is redeveloped with an office use consistent with City regulations, which would result in the redevelopment of the property with an approximately 8,500 square -foot office building having a height of 32 feet with a flat roof or 37 feet with a sloped roof, with surface parking. 24 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 ❑ Findings Based on the entire record, the City finds that the No Project/Office Redevelopment Alternative is environmentally superior to the Project. However, the implementation of the No Project/Office Redevelopment Alternative would reduce but not avoid the Project's significant impacts to cultural and paleontological resources (potential presence of significant subsurface resources that could be unearthed and disturbed during ground excavation), geology/soils (temporary slope instability and potential for expansive soils to be encountered during ground excavation), and noise (temporary construction -related noise). Impacts to biology (tree removals that could potentially contain active migratory bird nests) would be identical under this alternative and the proposed Project. The City also finds that the No Project/Office Redevelopment Alternative would only meet four of the Project's 11 objectives (Objectives A, C, I, and K). ❑ Facts in Support of the Findings All of the Project's significant impacts would be mitigated to below a level of significance, and the same mitigation measures would apply to the No Project/Office Redevelopment Alternative. This alternative decreases impacts regarding cultural resources and geology/soils due to the limited need for subsurface excavation. This alternative decreases impacts associated with construction noise because construction would occur over a shorter timeframe. Because the No Project/Office Redevelopment Alternative results in a lower traffic volume than would the proposed Project, this alternative reduces traffic impacts and corresponding reduction in mobile source air quality emissions and vehicular -related operational noise. No impacts to land use and planning would occur because the alternative would be consistent with the site's zoning and General Plan designations and would have reduced aesthetic effects because the building height would be lower than the building height proposed by the Project (EIR at 6-19). The No Project/Office Redevelopment Alternative would develop the property with a professional office building and in doing so would redevelop an underutilized property in Newport Center; however, the office building developed under this alternative would not meet the Project's objectives to provide luxury, multi -family, high-rise residential development in the City of Newport Beach that is within walking distance to other uses. The No Project/Office Redevelopment Alternative would meet four of the Project's 11 objectives (Objectives A, C, I, and K). Specifically, the No Project/Office Redevelopment Alternative while making efficient use of existing infrastructure by repurposing a property with a higher and better use than currently occurs on the property, would not be financially feasible (Soderling, 2016b) and would not meet the Project objectives related to providing residential development in Newport Center. (Ibid.). 2.6.5 Commercial/Restaurant Redevelopment Alternative The Commercial/Restaurant Redevelopment Alternative evaluated redevelopment of the Project site with an approximately 8,500 square -foot single -story or two-story restaurant with 107 surface parking spaces. This alternative would provide for the highest intensity of commercial development allowed under the property's existing General Plan "Regional Commercial Office (CO -R)" land use designation and "OR (Office Regional Commercial)" Zoning District designation. 25 16-81 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 ❑ Findings Based on the entire record, the City finds that the Commercial/Restaurant Alternative would reduce, but not avoid, the Project's significant impacts to cultural and paleontological resources (potential presence of significant subsurface resources that could be unearthed and disturbed during ground excavation), geology/soils (temporary slope instability and potential for expansive soils to be encountered during ground excavation), and noise (temporary construction -related noise). Under the No Project/Office Redevelopment Alternative, impacts to biology (tree removals that could potentially contain active migratory bird nests would be identical under this alternative and the proposed Project. The City also finds that the Commercial/Restaurant Alternative would only meet four of the Project's 11 objectives. ❑ Facts in Support of the Findings All of the Project's significant impacts would be mitigated to below a level of significance, and the same mitigation measures would apply to the No Project/Office Redevelopment Alternative. This alternative would have decreased impacts regarding cultural resources and geology/soils due to the limited need for subsurface excavation. This alternative would have decreased impacts associated with construction noise because construction would occur over a shorter timeframe. Because the Commercial/Restaurant Redevelopment Alternative would result in a higher traffic volume than would the proposed Project, this alternative would have increased traffic impacts and a corresponding increase in vehicular -related air quality emissions and operational noise. Few if any impacts to land use and planning would occur because the alternative would be consistent with the site's zoning and General Plan designations and would have reduced aesthetic effects because the building height would be lower than the building height proposed by the Project (EIR at 6-26). The Commercial/Restaurant Redevelopment Alternative would develop the property with a restaurant and in doing so would redevelop an underutilized property in Newport Center; however, the restaurant developed under this alternative would not meet the Project's objectives to provide luxury, multi -family, high-rise residential development in the City of Newport Beach that is within walking distance to other uses. The Commercial/Restaurant Redevelopment Alternative would meet four of the Project's 11 objectives (Objectives A, C, I, and K). Specifically, the Commercial/Restaurant Redevelopment Alternative, while making efficient use of existing infrastructure by repurposing a property with a higher and better use than currently occurs on the property, would not be financially feasible and would not meet the Project objectives related to providing residential development in Newport Center (EIR at 6-27). 2.6.6 Multiple -Unit Residential (RM) Alternative The Multiple Unit Residential (RM) Alternative evaluated redevelopment of the Project site with a multi -family residential building that would offer 25 market -rate rental or ownerships units with surface parking. The building would be within the allowable height limit for the RM (Multiple Residential) Zoning District (32 feet for flat roof structures and 37 feet for sloped roofs) with the X1 WEN 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 approval of a site development review for increased height. Access to the site would be the same as the access points proposed by the Project, with vehicular access provided by driveways along Anacapa Drive and from the shared access to the south of the site. ❑ Findings Based on the entire record, the City finds that the Multiple Unit Residential (RM) Alternative would reduce, but not avoid, the Project's significant impacts to cultural and paleontological resources (potential presence of significant subsurface resources that could be unearthed and disturbed during ground excavation), geology/soils (temporary slope instability and potential for expansive soils to be encountered during ground excavation), and noise (temporary construction -related noise). Multiple Unit Residential (RM) Alternative Impacts to biology (tree removals that could potentially contain active migratory bird nests) would be identical under this alternative and the proposed Project. The City also finds that the Multiple Unit Residential (RM) Alternative would only meet eight of the Project's 11 objectives (Objectives A, C, F, G, H, I, J, and K) though it would achieve Objectives F, G, and H less effectively than the proposed Project. ❑ Facts in Support of the Findings All of the Project's significant impacts would be mitigated to below a level of significance, and the same mitigation measures would apply to the Multiple Unit Residential (RM) Alternative. This alternative would have decreased impacts regarding cultural resources and geology/soils due to the limited need for subsurface excavation. This alternative would have decreased impacts associated with construction noise because construction would occur over a shorter timeframe. Because the Multiple Unit Residential (RM) Alternative would result in a slightly lower daily traffic volume than would the proposed Project, this alternative would have slightly reduced traffic impacts and a corresponding slight decrease in vehicular -related air quality emissions and operational noise. Similar impacts to land use and planning would occur because, like the proposed Project, this alternative would require a change in the property's General Plan and zoning designations from commercial to residential, although this alternative would result in a shorter building and be more consistent with General Plan Policy LU6.14.4 (Development Scale) than would the proposed Project. Reduced aesthetic effects would occur because the building height would be lower than the building height proposed by the Project (EIR at 6-33). The Multiple Unit Residential (RM) Alternative would meet eight of the Project's 11 objectives (Objectives A, C, F, G, H, I, J, and K) though it would achieve Objectives F, G, and H less effectively than the proposed Project because the alternative would offer fewer residential units (25 instead of 49) and the units have the potential to be for -rent and non -luxury. The Multiple Unit Residential (RM) Alternative is identified as one of two Environmentally Superior Alternatives that are not the No Project Alternative (the other being the Reduced Dwelling Units and Building Height Alternative); however, the Multiple Unit Residential (RM) Alternative would not meet three of the Project's objectives (Objectives B, D, and E) and due to the substantially fewer number of dwelling units, the Project Applicant has indicated that the Multiple Unit Residential (RM) Alternative is not financially feasible (Ibid.). 27 16-83 ISO NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 2.6.7 Reduced Dwelling Units and Building Height Alternative The Reduced Dwelling Units and Building Height Alternative considered redevelopment of the Project site in a similar manner as proposed by the Project, but with 45 dwelling units in a six -story condominium structure with an overall building height of 65 feet 6 inches to the top of the parapet and 69 feet 6 inches to the top of the elevator override/mechanical equipment screen. In comparison, the Project evaluated in this EIR proposes a height of 83 feet 6 inches to the top of all rooftop appurtenances. The building considered under this alternative would thus be 14 feet shorter in total height than the building proposed by the Project. The building footprint and setbacks would be identical to the proposed Project, with the building footprint measuring 29,800 square feet resulting in a lot coverage of 63%. The approximate gross floor area for this alternative's building would be 141,013 square feet, providing 45 dwelling units comprised of 43 two-bedroom units and two three- bedroom units. The Reduced Dwelling Units and Building Height Alternative would not modify the Project's proposed access and parking configurations, but the number of parking spaces would be reduced. Under this alternative there would be 91 residential parking spaces and 25 visitor parking spaces, including spaces in three levels of underground parking. Following the public review period, the City of Newport Beach modified the Reduced Dwelling Units and Building Height Alternative to further reduce the building height to result in the consideration of a 5 -story residential building consisting of 35 dwelling units with a maximum height of 53 feet. ❑ Findincis Based on the entire record, the City finds that the Reduced Dwelling Units and Building Height Alternative would result in the same significant impacts as the Project to biology (tree removals that could potentially contain active migratory bird nests) cultural and paleontological resources (potential presence of significant subsurface resources that could be unearthed and disturbed during ground excavation), geology/soils (temporary slope instability and potential for expansive soils to be encountered during ground excavation), and noise (temporary construction -related noise). The City also finds that the Reduced Dwelling Units and Building Height Alternative would meet all of the Project's 11 objectives, though it would achieve Objectives E, F, G, and H to a lesser degree than the proposed Project. The further reduction of the building height and development intensity at the Project site based on the modification of this alternative would result in a corresponding reduction in the potential for physical environmental impacts during the implementation of the construction and operation of the Project. Additionally, the City Council finds that the Reduced Dwelling Units and Building Height Alternative is a feasible alternative to the originally proposed project. In accordance with CEQA's mandate, and pursuant to the CEQA Guidelines, the City Council hereby adopts the Reduced Dwelling Units and Building Height Alternative as modified in the Final EIR. ❑ Facts in Support of the Findings All of the Project's significant impacts would be mitigated to below a level of significance, and the same mitigation measures would apply to this alternative. Because this alternative would attract 17 M1 150 NEWPORT CENTER FINDINGS OF FACT SCH No. 2016011032 fewer daily traffic trips to and from the site as compared to the proposed Project, this alternative would have slightly reduced traffic impacts and a corresponding slight decrease in vehicular -related air quality emissions and operational noise. Similar impacts to land use and planning would occur because, like the proposed Project, this alternative would require a change in the property's General Plan and zoning designations from commercial to residential, although this alternative would result in a shorter building and be more consistent with General Plan Policy LU6.14.4 (Development Scale) than would the proposed Project. Reduced aesthetic effects also would occur because the building height would be lower than the building height proposed by the Project (EIR at 6-40). The Reduced Dwelling Units and Building Height Alternative would meet all of the Project's 11 objectives, though it would achieve Objectives E, F, G, and H to a lesser degree than the proposed Project because the alternative would offer four fewer residential units (45 instead of 49). The Reduced Dwelling Units and Building Height Alternative is identified as one of two Environmentally Superior Alternatives that is not a No Project Alternative because it would reduce the environmental effects of the Project (the other being the Multiple Unit Residential (RM) Alternative). In addition, this alternative meets all of basic objectives of the Project. The City, based on its independent judgement and with consultation with the Project Applicant, has determined that the Reduced Dwelling Units and Building Height Alternative would be financially feasible (EIR at 6-40 to 6-41). 2.6.8 Environmentally Superior Alternative The environmentally superior alternative would be the No Project/No Development Alternative because it would not result in new impacts on the project site. However, the No Project/No Development Alternative does not meet any of the project objectives identified by the City. Based on the entire record, the City determined that the No Project/Office Redevelopment Alternative and the Reduced Dwelling Units and Building Height Alternative are both environmentally superior alternatives to the Project. However, the City also finds that the No Project/Office Redevelopment Alternative would only meet four of the Project's 11 objectives, while the Reduced Dwelling Units and Building Height Alternative would meet all of the Project's objectives. 29 ISO NEWPORT CENTER ADDITIONAL FACTS ON RECORD SCH No. 2016011032 3.0 Additional Facts on Record 3.1 Adoption of a Monitoring Plan for Mitigation Measures Pursuant to § 21081.6 of the Public Resources Code the City hereby adopts the Mitigation Monitoring and Reporting Program ("MMRP") provided at Table ES -1 in the Draft EIR. The City finds that the MMRP is designed to ensure compliance with the changes (i.e., mitigation measures) imposed on the Project to mitigate or avoid effects on the environment during Project implementation. The MMRP is on file with the City's Community Development Department, located at 100 Civic Center Drive, Newport Beach, CA, 92660. 3.2 Custodian of Record The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Newport Beach, Community Development Department, 100 Civic Center Drive, Newport Beach, CA, 92660. The custodian for these records is the City of Newport Beach Community Development Department. This information is provided in compliance with Public Resources Code § 21081.6. 30 I• -01 Attachment E ❑rafil Crdinance approving the Code Amendment and PlannE C Community ❑evElopmEnt Plan 16-87 CRDINANCB NC. 21016 - AN ORDINANCE CA THE CITYI COUNCIL) OF THE CITTA OF NEWPC RT BEACH, CALJIFC RNIA, ARRRC VIN G ZONING CC DE AMENDMENT NO. CIA21014-008 AND ADC RTIING PLANNED CIC MMU NITYI DEVELC RMEN TI RLJA N NIC. RC21014-004 FCR THE 150 N EWRC RT CENTER RBSIIDBNTIALJ PROJECT LJOCATED AT 150 N BW BORT CENTER DRIVE (PA2014-2113; WHBRBAS, an appliceiiion was filed by Newport Aneicapa Associates, LLC, with respect to properly located at 150 Newport Center Drive, and leigally desciribed as Parcell 'I of Rarceil Map No. 29-34 fleisubdivisiori No. 282) teing a portion of Block 93 of Irviinei's subdivision as per marl recorded in Book 1, Rage 88 of Miscellaneous Reccnd Maps, records of C range County, California; WHEREAS, the rlroject includes ire demclilion cf an existing 8,50CI-squares-fcoi car -wash, convenience marl' el, and gas station to accommodate the c evelopment of a 5- siorYl, 35 -unit residential condomiiniL rri bL ilding with two levels of 90terranean parking. The applicant reiquests following approvals from the City cf Newport Beach (City): « Geneial Plan Arriendment (C RA) - to cl-ange thea land Lsei category from CC- R IjRegional Commercial Officei) tc RM (Multi -L nit Residential; and establish an anc mealy (Table L L 2) designatic n for 35 c welling units. « Zoning Code Amendment - to charigei il- a Zc ning Disiricit c esignation from OR (1Offiae Reigional Commercial) to PC -96 (North Newport Ceriien Planned Community District, cven il- a entire site. « Rlanned Community Development Rlan - to amend thei AC -56 (North N ewporl Center Planned Cemmuniiy) to incorporate the rlrojeicit as a portion of the Blo4 100 sub -e rea and approve 35 nesidentie I condominium L nits will- a maximum height of 521eei for the subject pnc peirty. « Elite Development Review - is allow tl• a construction of 35 mulli•iamiily dwelling units. « Tentative Tract Map - to establish a 35-L nit residenlial condcmiiniurri trach en e 1.3 acire site. « Development Agreement - is establish a rlroposec develcprrient egreieimient that woc Id prcvide public beinefits should the project bei approved. « Environmental Impact Report QEIR) - to addrEss reascriably fcreiseeeble environmental imipacits nEISLIting from the legislative and project speicrific discreticnary approvals, thea City has determined that an Initial Study and BIR area warranted ion this pnc ject pU119L ant to the California Brivirenmerile I Cue lity Acct IICBGA). 16-88 C rdirianciei N o. SIO -_ pages 2 of « Revoke Use Permit N c . U111461 — revocation of the uses pemmiit to allow the opeuiatiori of a car wash on -sites. WHEREAS, tf ei sut jeict properly is located within thea OR (Officei Regional Commercial) Zoning ❑istuicit and the General Plan Land L se Eleurient category is C C-R IlRegional Corr rr eircial Cffrcei;; W HE REAS, ihei subjeict propeiriy is not locMeld within ihei coastal zones; W H E REAS, a stL dy session was heIIC on , une 23, 2016, in thea COL ncil Chambers located ai '100 Civic Center DriVEI, Newport Beach to introducie the projecit to ihei Manning Commission and reiview ihei canclusions of thei diiaft E IR. No action was takein ai it ei study session; W H E REAS, a PL blia hearing was held on , L ly 21, 2016, in tf ei Council Chambers locaieid ai 100 Civic Clenter DriVEI, Newport Eleiach. A noiiae of times, placei and purpose of if ei put lac heiaring was givein in accorc anciei with ihei � eiwporl Beach Municipal Codes iINBMC;. Evideincei, boil• written anc oral, was preiseiriieid to, and considered by, thea Planning Corr rr ission ai this put lits f earing. Thea item was continL Ed io tf ei August '18, 2016, planning Cory mission Meeting; "HEREAS, a public heiaring was held on AugL M 18, 2016, in thea COL ncil Chary bears locateid ai 100 Civic Cerner Drive, N ewpori Beach. A notice of iirr ei, place and purposes of ihei put lia f earing was given in aciciordance waif• tf a NBMCI. E%ideiricei, boil wriitein and oral, was preiseinied io, and considered ty, thei planning Commission at this public hearing. Thea iteim was rei-noticeid for ihei Eeipterr ber '1, 2016, Planning Corr rr ission Meeting; WHEREAS, a public heiaring was heild on E epteirr beir 1, 0016, in 111-e Council CharTibeirs located ai 100 Civic Cenier Drive, N e" pod Beacih. A noticie of iirrie, plane and purpose of ihei publia f earing was givein in aciciordance %0 ft e N BMC. Evidencei, botf wuiitein and oral, was preiseinied io, and corisideireid ty, thei planning Commission at this PL blit f eiaiiirig; WH EREASI, thei Manning Commission adopted ResolLiion No. X1024 by a voiei of 5-2 recorr rr ending denial of thea proposed project (Commissioners Law leir and Zak voting no; to the Ciiy Council; .:• C rc inancE No. 20 Rage 3 of _ WHEREAS, a public hearing was held on E-�lepterr bEii 27, 2016, in the Council Chambers located at 100 Civic Center DrivE, NEwpcirt Beach. pl notice of tiME, place and purpose cl the public hearing was given in acccmdance with the NBMC. Bvic Encie, both written and cuial, was pnesenlE c to, and considE red by, the My Coy ncil al ll -is public f earing; WHBRBAS, amendments to ll -e GErieral Rlan and Zoning COCE are IEgislalive acts anc neithE a il- e N BMC nor State Rlanning Law sE 1 fora l- any reqs irec finc incls for eithE r appro%al or dE riial of sucl- amendments; WHBRBAS, the piioposed zoning dEsignaticin cd RC -56 (NorNe%port Center Rlanned COIMML nity) Districit for the project site ME els the inlerit and puuclose fou a RC as specifiec iri NBMCI SEcition 20.56.010 (Rlanned ComMLriity Disluicl RrclCEcures, Ri rpose) given its Icicalicin in the Newporl CentEu area %l ich includEs a miixlL re of shcipping, hotels, commercial sLpporl usEs, prcfessicinal offices, and residential devE lopments that cohesive conlain Re ingredients of a planned coimimiunity. . -Me proclosEd inch sion of R a project site into the IargE r RC -56 District adds to the diveusily of RCI -56 anc assists the Clity in lauger scale comimiunily planning; WHEREAS, the prcicloised RCI -56 (Norl f N e%port Clenteu Planned Comimc nily) coning rEgulalions, would apply apprcipriatE site and puoject specific sEtbacks, c ensity, and height limits to the project site given ll• a site's uuk an localicin; rEquired parking fcui ft a residential clrojecl is provided on sitE. Addilicinally, the rile is fi Ily develciped and dcies ncit support any nate ral resciurces, and all potential Environmental imipacls associiated with the puoject are apprcipriately addressed ll• rough slaridarc building peumiii puocedL res and the mitigation measures idE ratified in the BIR; W H BREAS, ll• a proposed RCI -56 (Noir1 f h e%pcirt Cenler Planned CcimiMi niiy) amendMEni and mining designalicin amendment are coinsislErit wilt• the proposed G enE ral Plan AME ndME nl (GP2014-003; that cl- anged the land use categciryfncimi CC- R ilRegioinal Commercial Cffice) lci RM ilMulti-Unit Residential;; WHEREAS, the proposed future development of the proclerty EifIIE citE c by the proposEc amendments is consistent with RE goals and policies of the Land Use ElEmient of the GErieral Rlari; and is consistent wilt• the purpose and intent of the proposEc RC -56 ilNorth NEwporl CEntEr Planned Community; Zoning District regL lations cf the N BMC; 16-90 C rc inance No. 20 -_ Rage 4 of WHBRSMS, N BMC Section 20.30.060ilC)(3; (11 -eight Limiils and exceptions, Reqs fired Rindings) regL ires findings llo be mac a to adopt a Planned ComimiL nity Dislricl with an increase in the height of the structure above the previOL s base heigf t limit: Rindin : A. Ttb Trcject applicant ,is prcviding additional prcject amenities beYlcnc ttlose thlail are c ttlerwi,ise requires. Examples c1 prc,'ect amenities ,include, but are nc it ,lirnitec 11c: L Ada,it,ic nal landsiciapled oplen Sipa ce; iii. jIncreascd setback and open areas; l,ii. Entbnccnient anc Trotecticn cfplubdici views. Racis in Support of Rinding: The building design continues to provice a I igl 1E�el of design with open spacE, landscape, residential amenities, and building selltacks that are greater than whal wog Id be required under the RM standards of the coning Code. 2. The sille design provides 10,3KI squarE feEt of Exterior outdoor common open space %A -em a Val of 3,37r sqL are feet are required (75 sqL are feet c wE llirig unit, under the RM de�eloprrienl standards of the aonincl Code. -Me orlen spacE provided complies with the sllandards set iorlh in the PC -116 (Norlr Newport Ceriler Planned Community; Zoning Disluicl for Block 100. A total of 8,389 square 1Eell of lancscaped arEa is provided on sitE, whict will comply with the reqs irements of Chapter 14.' 7 QWater• Bfficient Lanc soaping; of ll -e NBMC. 3. -Re building sE tbacks provice 24 fE et along Newport CE rater Drip a where ll l' a RM development standards rEquire 20 1E ell. ThE tuilding setback along the Ariacapa sllreet irorillagE provides 22 feet 6 inches %A -ere the Zoning CodE requires 20 1EE1 9 inches (8 percent of the avEragE loll width). The southerly building fronlagEi prmidEis a 22 -foot bcilding seltack where the Zoning CodEi requires 101Eief. ThEi side setback along the wEisteirly edge of the property providers a rEiducEid building seitba4 of 14 feet to acicorrirriodale larger streiEil frontages sect acks on the oppositE1 sides wr ere the coning Coder typically requires a sic ei sEitback of 201Eie1 9 inches. BasemEinl lei eil setbacks occur largely bE low gradE and are not immecialEly visitlEi iromi lhei street frontage along Newport Center Drive and Anacapa DrivEi. The projeict design also provides greater bL ilding setbacks than are required under the cis rrent C R development stanc ards, which require 20 -foot street frontage setbacks and 0 -foot setbacks along the interior side and rear properly lines. llhe sellbacks provided ciorriply with the standards set iorlh in the PC -56 tin orth Newport CE riler Rlanned Comimunily, Zoning Dislricit for Block 100. 2. 4. llhEi projeict c OEs not affect existing public viEws as sl• owri in ll - a viEw simulations providec on Pages 4.'1.15 ll'rough 4.1-18 of the BIR and doers riot delracl iromi 16-91 C rc inance N o. 20 -_ Rage5cl_ the chanaciler of 111• a area. The overall projecri heigl i is consistent with the height limit and existing t uilding heights on ac jacent properties and SIL rrouric ing blocks. Rinding: B. Tfe arcFlitectural design cf the plrofecill plrovices visbiai irilleresl ttlrcuigfl the use of Aighlt anc stladcw, rieciessec planes, vertic&i elements, ana varfec rccf planes; Racis in SIL ppc rt of Rindinq: IV a exterior is cc miprised prec cminantly of a pre-crash croncrete fagade, stainless steel finishes, and glass. Massing ofll-sels, variations of rociline, variied textures, recesses, adiCILlation, and c esign ancients on the elevations are integrated tc enhance the bL ilc mg's archiilectL ral style. 2. IV e be ilding iagade is c esigned 110 be cromipatible \&O surrcc nding retail and office de�elcpmient in Newport Clenter. llhe arichitectLral design prcvides a sigHficaril amiouni of articulailicn with its two enclave design to fit with 111•e ccnlexi of surrounc ing cffice buildings in 111•e N ew pert Center area. lll- e roof profile design is modulated, lc reduce tle scale cf the structure and is prcvide visual interesll and variety. Mecrl• anical equipment and elevatc ri overric es are stepped bank to minimize the scale and t ulk cf if• ese strL CtL res fromi the sireell view. Rindinq: C. Tlhle iiricireased height will riot resuhl in undecuratl/e or alrlrupt sciaile changes or relaticrzhips being crealled blellweeri the proposed structure(a) and existing adjacent developments ori plubdo spaces. Where applropriaile, the prcposed structures) prc vides a gradual trarzidcri to taderr or shcrter structures c ablutlifng properties, and Fact in SIL pport cf Rindinc: The project does no11 appear c L 11 of crr aracter and utilizes an c verall bL ilding height limit (Jincicdirig mieichanical appuderiancreis) simiilar to thcse arlplied 110 cther properties in Blcck 100 of Newport Center. Me resulting building height of 52 feet also fits intc the context ci surrounc ing de%elc prr eni al the south end of Newpc d Center, wherie nc riresideniial t uildirig heigl-119 range frc mi 20 feet up 110 74 feel 4 incl- es in heigl• I. 16-92 C rdinance No. 2CI -_ Page 6 of Finc ing: C. ThIE structure wffi clave nc rrone floor area ffien ccuAd hlzve t1een acrhevea wlthlcull thle aTprcvall of the hle�fght,increase. Fact in Support of Finc inq: The prcpcsec floor area for the prc,ject would cronferm is the dwelling unil anc gross floes area limit established tr rough tr a amendec RC -56 (North h ewpert Center Plarmec Cemmuriity Development Rlan;. N CW SIH EREFC FSS, tl• e Ciiy Cc r. ncil of the Ciiy cf Newpc rt E each c rdains as follows: Section 1: The City Councril f as considered 1l•a rrecrommendaticn cf the Rlanning Commission and has determined that medificatic ns lo the pre.iect made by the Clity Councril, if any, are nc 1 major crr anges that require referral batik to the Rlanning Commission for cronsideriaiion anc recemmendaiion. Section 2: The City Ceurrcil cf the City of Newpert Beach herreby approves Zc ning Cc c e Amendment N o. CA2014-008 as attached as Exhibit 'A" and incrorpc raced l erein by reference. Zc ning Clode Amendment h o. CA2014-008 changes the zc nirig designation of 150 Newport Center from OR (Cffice Fegional Commercrial; to PC -56 (jN orth h ewpe rtCenier Rlanned Cc mimic nity). Slection 3: The Clity Council of the City cf Newporl Beach hereby apprc�es Rlanned Community Develeplmient Plan Nc. RC2014-004 incorporating 150 Newpert Clenter info the RC156 (Nc dh NewportCenter Plannec Community) Zcning District, Block 100 sub -area as sell fortr in Exhik it "E" and incorporraled henein by refenence. Section 4: If any section, subsectic n, sentencre, clause c r phrase of this ordirrancre is is r any reason f elc 1c be invalid c r L nconsliMional, SL ah decrision sr all riot afllecrt the validity cri censiituiionality cf ire remaining porticris cf this ordinance. The City Council hereby declanes that it wot.ld have passed il' is ordinarice and each seciion, SL bsecrtion, senlence, clause or pr rase herreof, irrespective of the fact that any one or more sections, subsections, sentencres, clay ses or phrrases be c eclared invalid or L nccrislHL tic nal. 16-93 C rc inance No. 20--- Page 0-_Page 7 of Section 5: The 150 Newport Cenier Final BIR (J.SCH No. 201601'1032; was prepared for the proje cit in ciorripliance with the CECA, the State CBQA C uic eline a, and the Ciiy COLncil Policy K-3. By ResolLiion No. 30'16-_, ire City Council, having final approval a0l'ority over the Project, ac optec and certified as comicllete and adequate the 150 Newport Cenier Flinal Brivirorirnienlal Impact Report QSICH2O1601'1032; and acopted "Miticlatiori Monitoririg and Reclorting Program." Hesolcllion No. 30'16-_ is r ere by incc rclorated by refe rence . Section 6: Bxcepll as expressly mocifiec in this ordinance, all ober Sections, SIL bsecitions, tellmis, cilauses and phrases set forth in the NBMCI sr all remain L nchanged and shall be in fL II force anc efile o1 Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this orc inance. The Cilly Clerk shall cause the ordinaricie, c r a surrirriary therec11,1c be published pursL ant 1c City Cr arter SEction 414. This ordiriancie was introduced at a regular rrieetincl oflthe City Counoil of the City of Newporl Beach held on the 27'h day of Sepllerriber, 20'16, and adcpled cn the '111h c ay of October, 2016, by the fc Ilowing vote, tc-wit: AYES, CC L NCI MBMBBRS NCBS, CCL NCILMBMBBRS ABSIBN-n COUNCILMEMIBERS ❑IAN E B. DIXC N, MAYC R AITE ST: LEILANI I. BRC W N , CI -P CLERK 16-94 Ordinance No. 20 -_ Page 8 of APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Exhibit A: Zoning Map Amendment Exhibit B: PC -56 (North Newport Center Planned Community development Plan) 16-95 Ordinance No. 20 Page 9 of Exhibit "A" Zoning Map Amendment 1• •I I PC 47 ,47 PC 47 Q�L OR CCE-��R %p PC 8 P �C5 PC 56 C SAN�P m D PC 56 C U) PC 56 V kCK CA2014-008 (PA2014-213) Code Amendment 150 Newport Center Drive Document Name: PA2014-213 CA2014-008 -Ord-Exhibit 0 500 1,000 Feet Ordinance No. 20 Page 10 of Exhibit "B" PC -56 (North Newport Center Planned Community Development Plan) North Newport Center Planned Community Development Plan Land Uses, Development Standards Et P roced u res Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended November 10, 2015, Ordinance No. 2015-32 (PA 2015-109) Amended [DATE HERE], Ordinance No. 2016-_ (PA2014-213) 16-99 [this page intentionally blank] 16-100 Land Uses, Development Standards & Procedures Contents I. Introduction and Purpose of Development Plan................................................................................. 1 A. Sub -Area Purpose............................................................................................................................. 1 B. Relationship to Municipal Code..................................................................................................... 10 C. Relationship to North Newport Center Design Regulations........................................................... 10 II. Land Use and Development Regulations.......................................................................................... 11 A. Permitted Uses................................................................................................................................ 11 B. Development Limits....................................................................................................................... 12 C. Transfer of Development Rights.................................................................................................... 13 III. Site Development Standards............................................................................................................. 17 A. Permitted Height of Structures....................................................................................................... 17 B. Setback Requirements.................................................................................................................... 18 C. Parking Requirements.................................................................................................................... 20 D. Landscaping................................................................................................................................... 21 E. Lighting.......................................................................................................................................... 21 F. Signs...............................................................................................................................................21 G. Residential Compatibility...............................................................................................................26 H. Residential Open Space Requirements...........................................................................................26 IV. Planned Community Development Plan Administration.................................................................. 27 A. Process for New Structures............................................................................................................ 27 B. Process for New Signs.................................................................................................................... 28 C. Transfer of Development Rights.................................................................................................... 28 V. Definitions.........................................................................................................................................31 Appendix A — Design Regulations North Newport Center Planned Community Development Plan November 10, 2015 16-101 Land Uses, Development Standards & Procedures [this page intentionally blank] North Newport Center Planned Community Development Plan November 10, 2015 16-102 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub -areas that include Fashion Island, Block 600, and Block 800; and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ("PC") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 171.6 acres along San Joaquin Hills Road and Newport Center Dr. The seven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (11.3 acres), Block 400 (4 acres), Block 500 (16.3 acres and a 0.4 -acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include a large portion of Block 100 (Figure 3), Block 400 (Figure 4), and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 primarily comprises administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 generally comprises commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed -Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed -Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -H3 land use designation. The residential portion of Block 100 (Figure 3) at 150 Newport Center Drive allows for multi -family residential housing uses. The residential portion of Block 800 (Figure 8) allows for multi -family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 100 and Block 800 contain two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub -Area, Figure 6, Block 600 Sub -Area, and Figure 7, San Joaquin Plaza Sub -Area, respectively. North Newport Center Planned Community Development Plan November 10, 2015 16-103 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan 17 San Joaquin\ Plaza ) f SANTA CRUZ DR. s CLE Ery VP a ' vOI m Block Block 600 �•��s 800 �.. / SANTA ROSA DR. Fashion Island Block Regional Center 500 W {L�zh ptiNK 9 Block 400 me °P Block z 100 �w U �Q 4v OY: u Q' J, P Cr O g4 PQ OU P ❑North Newport Center Planned Community Figure 1— North Newport Center Planned Community North Newport Center Planned Community Development Plan November 10, 2015 2 16-104 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ro Planned Community � Not included in Planned Community North Newport Center Planned Community Development Plan November 10, 2015 61 as Dr �!L1i Uel Dr HN Figure 2 — Fashion Island Sub -Area 3 16-105 Qtr Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ❑ PLANNED COMMUNITY (BLOCK 100) ❑ NOT INCLUDED IN PLANNED COMMUNITY Figure 3 — Block 100 Sub Area North Newport Center Planned Community Development Plan November 10, 2015 4 16-106 Q Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ® Planned Community Not included in Planned Community [NJ Figure 4 — Block 400 Sub Area North Newport Center Planned Community Development Plan November 10, 2015 16-107 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan i Joaquin hrllls 5 n jcolas Lir 0 Planned Community Not included in Planned Community North Newport Center Planned Community Development Plan November 10, 2015 HN Figure 5 — Block 500 Sub -Area I 16-108 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan 'loaquIn F] Planned Community Not included in Planned Community HN Figure 6 — Block 600 Sub -Area North Newport Center Planned Community Development Plan 7 November 10, 2015 16-109 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan J _. San Joaquin Hills Rd .w a North Newport Center Planned Community Development Plan November 10, 2015 ❑ Planned Community Not included in Planned Community `NI Figure 7 — San Joaquin Plaza Sub -Area I 16-110 .41 v� Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Clemente Drive ❑ Planned Community ❑ Not included in Planned Community R = Residential CO = Commercial Office Figure 8 - Block 800 Sub -Area North Newport Center Planned Community Development Plan November 10, 2015 16-111 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for Blocks 100 (with the exception of 150 Newport Center Drive), 400 and 800 is the version of the Code in effect on June 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for 150 Newport Center Drive is the version of the Code in effect on [INSERT DATE HERE] and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. North Newport Center Planned Community Development Plan 10 November 10, 2015 16-112 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Community Development Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed - Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 Commercial Office Residential San Joaquin Plaza Banks/Savings and Loans P P P P P P P - With drive through services MUP MUP MUP MUP MUP MUP MUP Business, Government and Professional P P P P P P Emergency Healthcare P1 P P P P -- P Management and Leasing Offices P P P P P P P Office, Medical and Dental P P P P P P Public Safety Facilities P MUP MUP P P MUP P Commercial Recreation and Entertainment P UP UP MUP MUP UP MUP Cultural and Institutional UP UP UP P P UP - P Day Care P P P P P P -- P Day Spas MUP MUP, MUP, MUP MUP MUP2 MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP P** - Bars/Cocktail Lounges MUP UP UP UP UP UP UP Personal Improvement MUP MUP MUP P P MUP P - Health/Fitness Clubs MUP P P P P P P+ P Personal Services P Pi P1 P P P1 P P Residential P3 P P P P Retail Sales P P1 P1 P P P1 P+ P Animal Sales and Services MUP MUP MUP - MUP Medical Retail P P++ P++ P P P++ P Visitor Accommodations UP UP UP UP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Zoning Administrator 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code 3= Residential Units permitted at 150 Newport Center Drive only * = A Minor Use Permit Issued by the Zoning Administrator is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted North Newport Center Planned Community Development Plan 11 November 10, 2015 16-113 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Dr. (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Dr. (southwest and southeast), San Joaquin Hills Road and Santa Cruz Dr. (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right-of- way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary uses, and support uses are permitted and are not counted towards square footage development limits. Table 2 — Development Limits (A) A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.0 and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. E. Residential dwelling units are only permitted at 150 Newport Center Drive. North Newport Center Planned Community Development Plan 12 November 10, 2015 16-114 San Joaquin Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 Plaza Total Regional 1,523,416 sq.ft. 0 0 0 0 0 0 1,523,416 sq.ft. Commercial Movie Theater 680 seats 0 0 0 0 0 0 680 seats 11,000 sq.ft. 11,000 sq.ft. Hotel (B) 0 0 0 295 0 0 295 Residential 0 35(E) 0 0 0 245 524 804 Office/ 0 121,114 sq.ft. 91,727 sq.ft. 623,525 sq.ft. 1,353,399 sq.ft. 286,166 sq.ft. 95,550 sq.ft. 2,571,481 sq.ft. Commercial (C) (D) A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.0 and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. E. Residential dwelling units are only permitted at 150 Newport Center Drive. North Newport Center Planned Community Development Plan 12 November 10, 2015 16-114 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 1. Fashion Island The total gross floor area for Fashion Island is 1,523,416 square feet plus 680 movie theater seats. The movie theater building area is equivalent to and may be converted to 11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 245. 5. Block 100 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 35 and 131,878 square feet of gross floor area. The maximum number of stories is five. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan, with the exception of 150 Newport Center Drive in Block 100. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned North Newport Center Planned Community Development Plan 13 November 10, 2015 16-115 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.0 below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. For 150 Newport Center Drive in Block 100, the transfer of development rights shall be in accordance with the General Plan and Municipal Code, with the exception that 150 Newport Center Drive may not send to nor receive from development allocations from other sub -areas of this Planned Community. North Newport Center Planned Community Development Plan November 10, 2015 14 16-116 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations [this page intentionally blank] North Newport Center Planned Community Development Plan 15 November 10, 2015 16-117 16-118 Land Uses, Development Standards & Procedures Section III. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural style of the building in terms of materials, design and color. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building Type Height Major buildings 125 feet Mall buildings 75 feet Parking structures 55 feet Periphery buildings 40 feet Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. For 150 Newport Center Drive, the maximum height for residential structure shall be 52.5 feet. Podium walls shall be limited to 10 feet measured from finished grade.Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of North Newport Center Planned Community Development Plan 17 November 10, 2015 16-119 Land Uses, Development Standards & Procedures Section III. Site Development Standards approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Community Development Director and the Community Development Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Community Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The Community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV(A)(3). B. Setback Requirements Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. North Newport Center Planned Community Development Plan 18 November 10, 2015 16-120 Land Uses, Development Standards & Procedures Section III. Site Development Standards Fashion Island Newport Center Dr.: 10 feet; may be reduced to 0 feet by the Community Development Director through the plan review process. Block 100 Newport Center Dr.: 15 feet Anacapa Dr.: 15 feet Civic Center Dr.: 15 feet 150 NCD Newport Center Dr: 24 feet Basement/podium: 15 feet Anacapa Dr: 22.5 feet Basement/podium: 15 feet Southerly Property Line: 22 feet Basement/podium: 7 feet Westerly Property Line: 14 feet Basement: 3 feet Podium: 0 feet at Level 1 Block 400 Newport Center Dr.: 15 feet San Nicolas Dr.: 15 feet Block 500 Newport Center Dr.: 15 feet Santa Rosa Dr.: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Dr.: 15 feet Santa Cruz Dr.: 15 feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process San Joaquin Hills: 15 feet — setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process Santa Rosa Dr.: 15 feet Center Dr. (e/w): 0 feet Center Dr. (n/s): 0 feet Block 800 Newport Center Dr.: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential North Newport Center Planned Community Development Plan 19 November 10, 2015 16-121 Land Uses, Development Standards & Procedures Section III. Site Development Standards Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Dr.: 15 feet San Clemente Dr.: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz Dr.: 15 feet San Clemente: 15 feet Santa Barbara Dr.: 15 feet C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet' Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code Shared parking among and between sites, lots, blocks, and sub -areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. I The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. North Newport Center Planned Community Development Plan 20 November 10, 2015 16-122 Land Uses, Development Standards & Procedures Section III. Site Development Standards 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub -areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. D. Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed -free condition, free of litter and so as not to interfere with traffic safety Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of-ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Community Development Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or North Newport Center Planned Community Development Plan 21 November 10, 2015 16-123 Land Uses, Development Standards & Procedures Section III. Site Development Standards walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special events, holiday activities, and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 — Fashion Island Sign Standards North Newport Center Planned Community Development Plan 22 November 10, 2015 16-124 Maximum Letter/ Sign Type Location Maximum Number Maximum Sign Size Logo Height Shopping Center Each vehicle entry drive location 2 per entry drive (one 100 square feet 9 feet Identification Sign on each side) 10 feet high Major Tenant Sign Exterior walls or parapets of 1 sign per building Determined by name of 10 feet buildings elevation (maximum tenant; letter/logo 4 signs for each major height not to exceed 10 tenant) feet Freestanding Exterior walls or parapets of 1 sign per building Determined by name of 3 feet Commercial buildings elevation (maximum tenant; letter/logo 4 signs for each building height not to exceed 3 or structure) feet Monument 1 per building 50 square feet 4.5 feet 5 feet high Tenant Sign Exterior elevations of shopping 1 sign per tenant, per 1 square foot per each 10 feet center and parking structures building elevation lineal foot of storefront facing Newport Center Dr. (not to exceed 100 square feet) North Newport Center Planned Community Development Plan 22 November 10, 2015 16-124 Land Uses, Development Standards & Procedures Section III. Site Development Standards 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Dr., which have their primary address numbers on the cubes along Newport Center Dr. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Sign Maximum Maximum Letter/ Sign Type Location Maximum Number Maximum Sign Size Logo Height Theater Signs Facing Newport Center Dr. 2 300 square feet Theater name: 2 (exterior wall or parapet of building 24 inches 20 feet high 5 feet at San Joaquin Hills Rd. which theater occupies, free 15 feet wide Each show title: entries to Newport standing, or on adjacent parking 2 15 feet high 3 feet high structure) at San Joaquin Hills Rd. (1 per corner) 15 feet wide Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Community 7 signs 36 square feet (with 2- 2 feet Development Director foot overhang) at Avocado Ave. 15 feet high 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Dr., which have their primary address numbers on the cubes along Newport Center Dr. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Sign Maximum Maximum Maximum Letter/ Type Description Location Number of Signs Sign Size Logo Height A Large cube or blade Santa Rosa Dr. 2 15 feet high 24 inches sign located at at San Joaquin Hills Rd. (1 per corner) 15 feet wide entries to Newport Santa Cruz Dr. 2 15 feet high 24 inches Center at San Joaquin Hills Rd. (1 per corner) 15 feet wide Block 500: 4 15 feet high 24 inches San Joaquin Hills Rd. 15 feet wide at Avocado Ave. San Nicolas Dr. at Avocado Ave. MacArthur Blvd. at San Joaquin Hills Rd. San Joaquin Plaza: 1 15 feet high 24 inches Jamboree Rd. 15 feet wide at San Joaquin Hills Rd. B Small cube located San Nicolas Dr. 2 5 feet high 5 inches along Newport Center at Newport Center Dr. (1 per corner) 5 feet wide Dr. Newport Center Dr. 2 5 feet high 5 inches and Santa Rosa Dr. (1 per corner) 5 feet wide Block 600: 5 5 feet high 5 inches Along Newport Center Dr. 5 feet wide North Newport Center Planned Community Development Plan 23 November 10, 2015 16-125 Land Uses, Development Standards & Procedures Section III. Site Development Standards Sign Maximum Maximum Maximum Letter/ Type Description Location Number of Signs Sign Size Logo Height Block B00: 2 5 feet high 5 inches Newport Center Dr. 5 feet wide at Santa Maria Rd. Newport Center Dr. at Santa Barbara Dr. C Other Freestanding Block 100 1 per frontage 5 feet high 10 inches Signs 10 feet wide Block 400: 2 5 feet high 13 inches Avocado Ave. at San Miguel Dr. Along San Nicolas Dr. 1 6 feet wide 13 inches Between 500 and 550 1 4 feet high 18 inches Newport Center Dr. 12 feet wide Block 600: 2 7 feet high 18 inches Along Santa Cruz Dr. 22 feet wide Block 800: 2 6 feet high 8 inches Along Newport Center Dr. 10 feet wide Along Santa Barbara Dr. 1 4 feet high 5 inches/ 6 feet wide 24 inches Santa Cruz Dr. 1 15 feet high 24 inches at Newport Center Dr. 15 feet wide San Joaquin Plaza: 1 each 6 feet high 51/2inches for Tenant ID; Along San Joaquin Hills Rd. (3 signs along San 12 feet wide 18 inches for Project ID Clemente Dr.) Along Santa Cruz Dr. Along San Clemente Dr. San Clemente Dr. 1 5 feet high 18 inches at Santa Cruz Dr. 12 feet wide San Clemente Dr. 1 5 feet high 18 inches at Santa Barbara Dr. 16 feet wide D Signs mounted on Block 400: 1 Determined by name 18 inches landscape walls Facing Newport Center Dr. of tenant; letter/logo (includes ground height not to exceed mounted signs in 18 inches Block 500: 4 Determined by name 26 inches front of landscaping and landscape walls) Facing Newport Center Dr. of tenant; letter/logo height not to exceed 26 inches Block 600: 3 facing San Determined by name 18 inches Facing streets Joaquin Hills; of tenant; letter/logo 5 facing Newport height not to exceed Center Dr.; 18 inches 1 facing Santa Rosa Dr. Block 800: 2 Determined by name 36 inches At San Clemente Dr. project entry of tenant; letter/logo height not to exceed Winches Block 800: 1 Determined by name 36 inches San Clemente Dr. of tenant; letter/logo at Santa Barbara Dr. height not to exceed Winches North Newport Center Planned Community Development Plan November 10, 2015 24 16-126 Land Uses, Development Standards & Procedures Section III. Site Development Standards Sign Maximum Maximum Maximum Letter/ Type Description Location Number of Signs Sign Size Logo Height Block 800 1 Determined by name 40 inches Along Newport Center Dr. of tenant; letter/logo height not to exceed 40 inches E Building Sign On building elevation, awning or 2 per Primary Determined by name Primary Tenant: parking structure Tenant of tenant; letter/logo 24 inches 1 per Secondary height not to exceed: Secondary Tenant: Tenant Primary: 24 inches, 16 inches 3 for restaurants Secondary: 16 inches Restaurant: 40 inches Restaurant: 40 inches F Building Address On building elevation 1 each 24 inches high 24 inches (additional address signs may be located where appropriate for on- site orientation) G Freestanding Santa Rosa Dr. Building Address at Newport Center Dr. Santa Nicolas Dr. at Newport Center Dr. 1 each 8 feet high 6 feet wide 18 inches Santa Cruz Dr. at Newport Center Dr. San Joaquin Hills Rd. 2 8 feet high 28 inches 6 feet wide H Advisory Signs Parking lots and entries to parking lots As appropriate for 6 feet high As required by Fire safety and Department or Building orientation Code for safety purposes Drive Through Signs Drive throughs 1 per tenant per 8 feet wide 15 inches elevation, up to 2 on walls of structure J Apartment Block 100 and Block 800 1 per frontage 5 feet high by 3 feet 24 inches Leasing/Real Estate wide panel on post Signs K Office Leasing Signs Blocks 100, 400, 500, 600, 800 and 1 per frontage 4.5 feet high by 5 7 inches San Joaquin Plaza feet wide 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under development or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 - day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. North Newport Center Planned Community Development Plan 25 November 10, 2015 16-127 Land Uses, Development Standards & Procedures Section III. Site Development Standards Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors, and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50% of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. North Newport Center Planned Community Development Plan 26 November 10, 2015 16-128 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration IV. Planned Community Development Plan Administration A.1 Process for New Structures (with the Exception of 150 Newport Center Drive) 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Community Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects North Newport Center Planned Community Development Plan 27 November 10, 2015 16-129 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the Community Development Director, and the Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code. A.2 Site Development Review, 150 Newport Center Drive 1. Purpose and Intent The purpose of the Site Development Review (SDR) process is to ensure new development proposal within the 150 Newport Center Planned Community Development are consistent with the goals and policies of the General Plan, and provisions of the Planned Community Development Plan. 2. Application Prior to the issuance of building permits for the site development, a SDR application shall be required for the 150 Newport Center Planned Community Development in accordance with Section 20.52.080 (Site Development Reviews) of the NBMC. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. The project applicant shall submit an application to the Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether North Newport Center Planned Community Development Plan November 10, 2015 28 16-130 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Community Development Director. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 29 November 10, 2015 16-131 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration [this page intentionally blank] North Newport Center Planned Community Development Plan November 10, 2015 30 16-132 Land Uses, Development Standards & Procedures Section V. Definitions V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check -cashing services. Drive-through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: - Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. - Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 36. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. North Newport Center Planned Community Development Plan 31 November 10, 2015 16-133 Land Uses, Development Standards & Procedures Section V. Definitions Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: - arcades or electronic games centers having three or more coin-operated game machines - bowling alleys - billiard parlors - cinemas - ice/roller skating rinks - live entertainment - pool rooms - tennis/racquetball courts - theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. North Newport Center Planned Community Development Plan November 10, 2015 32 16-134 Land Uses, Development Standards & Procedures Section V. Definitions Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass/contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the Zoning Administrator. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Dr. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on-site equipment - home electronics and small appliance repair - postal services - locksmiths - self-service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. North Newport Center Planned Community Development Plan 33 November 10, 2015 16-135 Land Uses, Development Standards & Procedures Section V. Definitions Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non -durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering - clothing and accessories - convenience markets/stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 36. Secondary Tenant: A small tenant; not the primary tenant of an office building. North Newport Center Planned Community Development Plan November 10, 2015 34 16-136 Land Uses, Development Standards & Procedures Section V. Definitions Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code §51.3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses designed, oriented, and intended to primarily serve building, block, and proximate sub -area occupants and users. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 35 November 10, 2015 16-137 Land Uses, Development Standards & Procedures Section V. Definitions MECHANICAL PENTHOUSE ELEVATOR OVERUN TOP OF PARAPET OF-LA$T OCCUPIED, SPACE FINISH GRADE NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. Graphic 1, Example of Building Height and Rooftop Appurtenances North Newport Center Planned Community Development Plan November 10, 2015 36 16-138 Land Uses, Development Standards & Procedures Appendix — Design Regulations NORTH NEWPORT CENTER DESIGN REGULATIONS North Newport Center Design Regulations November 10, 2015 16-139 Land Uses, Development Standards & Procedures Appendix — Design Regulations [this page intentionally blank] North Newport Center Design Regulations November 10, 2015 16-140 Land Uses, Development Standards & Procedures Appendix — Design Regulations I. Introduction......................................................................................................................................... 1 A. Purpose of Design Regulations........................................................................................................ 1 B. Newport Center Design Framework................................................................................................. 1 C. North Newport Center...................................................................................................................... 4 II. Design Regulations............................................................................................................................. 7 Usingthese Regulations............................................................................................................................. 7 A. Building Location and Massing........................................................................................................ 7 1. Site Planning Elements.......................................................................................................... 7 2. Building Envelope.................................................................................................................. 8 3. Building Character and Style................................................................................................. 9 4. Building Materials and Colors............................................................................................. 12 5. Parking Structures................................................................................................................ 12 B. Landscape.......................................................................................................................................13 1. Overall Landscape................................................................................................................ 13 2. Perimeter and Street Landscape........................................................................................... 14 3. Parking Lot Landscape......................................................................................................... 16 4. Internal Landscape............................................................................................................... 16 C. Circulation......................................................................................................................................17 1. Streets and Pedestrian Activity............................................................................................ 17 2. Service and Emergency........................................................................................................ 20 3. Parking Lots......................................................................................................................... 21 D. Orientation and Identity.................................................................................................................. 22 1. Gateways and Entrances...................................................................................................... 22 2. View Corridors.....................................................................................................................23 3. Landmarks............................................................................................................................24 4. Signage.................................................................................................................................25 5. Lighting................................................................................................................................32 North Newport Center Design Regulations November 10, 2015 16-141 Land Uses, Development Standards & Procedures Appendix — Design Regulations [this page intentionally blank] North Newport Center Design Regulations November 10, 2015 16-142 I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations maybe achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defined in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600 -acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: 1. Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in "blocks" and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character Aerial view of bluff (circa 1960) North Newport Center Design Regulations November 10, 2015 16-143 Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. North Newport Center Design Regulations November 10, 2015 2 16-144 may. w 1 S , The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. North Newport Center Design Regulations November 10, 2015 2 16-144 General Plan Policies Newport Center The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. Development Scale: Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Dr., establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Dr. with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed -Use District and Neighborhood The following policies from the Land Use Element are City-wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: - Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts - Visual and physical integration of residential and non-residential uses - Architectural treatment of building elevation and modulation of their massing - Separate and well-defined entries for residential units and non-residential businesses - Design of parking areas and facilities for architectural consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontages but integrate landscape into interior courtyards and common open spaces North Newport Center Design Regulations November 10, 2015 16-145 Mixed -Use Building Location and Size of Non -Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed -Use buildings be occupied by retail and other compatible non-residential uses, unless specified otherwise by policies for a district or corridor. Parcels Integrating Residential and Non -Residential Uses: Require that properties developed with a mix of residential and non-residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi -family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses, and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non-residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. Districts Integrating Residential and Non -Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non-residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses. Aerial of Newport Center — 2007 C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and 800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport Center are office buildings, an North Newport Center Design Regulations November 10, 2015 16-146 apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed-use district that features an open-air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a master planned environment featuring a consistent landscape. North Newport Center Design Regulations November 10, 2015 16-147 [this page intentionally blank] North Newport Center Design Regulations November 10, 2015 16-148 II. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location, and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form, which generally consists of buildings that are organized orthogonally to create pedestrian -friendly courtyards and promenades that visually link the buildings into clusters, as seen in the diagrams below. Pedestrian promenade at Fashion Island North Newport Center Design Regulations November 10, 2015 Pedestrian courtyard at 550 Newport Center Dr. Building interface at San Joaquin Plaza 16-149 b. In Mixed -Use sub -areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains, and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. New buildings should be arranged to provide convenient access to entrances and efficient on-site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses. Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and developing shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged. Example of resident open space 2. Building Envelope Example of office courtyard a. New buildings should respect the existing development scale, which generally consists of high-rise buildings (10+ stories) clustered along the northerly section at the highest point in Newport Center. Mid -rise office buildings (5-10 stories), low- rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Highway. North Newport Center Design Regulations November 10, 2015 16-150 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed-use sub -areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. C. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short-lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof -mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from the street. The height of rooftop appurtenances shall not exceed the height of the screening. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right-of-ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right-of-ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. h. Avoid long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. j. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. North Newport Center Design Regulations 9 November 10, 2015 16-151 Example of appropriate high-rise architecture Example of straight forward geometry and expression of floor levels Examples of classically inspired architecture North Newport Center Design Regulations November 10, 2015 Example of appropriate low-rise form Example of retail storefront visibility to pedestrians 10 16-152 (Not to Scale) �. -,-------- 20' Z, l4" qp 11` 4 IVA i �- Example of architectural feature (Not to Scale) -------------120' -j -- Not �.l Example of architectural feature MECHANICAL PENTHOUSE Example of building height measurement on sloping terrain North Newport Center Design Regulations November 10, 2015 z 16-153 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid - rise roofs. C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. e. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example of appropriate retail finishes 5. Parking Structures Example of appropriate low-rise finishes a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. C. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Dr. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f. The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. h. Vehicular entries for non-residential parking structures should be obvious and inviting. North Newport Center Design Regulations November 10, 2015 12 16-154 Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. Block 600 parking structure demonstrating rectangular form and vines to soften visual impact B. Landscape Intent West parking structure at Fashion Island demonstrating rectangular form and varied landscape to soften visual impact The intent of the landscape standards is to ensure that new commercial and residential development preserves and enhances the existing landscape character of North Newport Center. 1. Overall Landscape a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought -tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low -flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. The landscape palette should consist of two distinct groups of plant materials: Accent planting, including palms, cypress, and color accents Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. Planting should be organized in layers of plant size and variety such as flowering, cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. North Newport Center Design Regulations 13 November 10, 2015 16-155 Example of appropriate landscape variety complementing the building form Example of layering principles Example of vertical and horizontal plant forms 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub -areas and along streets of new commercial and residential development should complement the street tree pattern, enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures. b. Existing trees along public streets should be preserved, and new trees should be installed to fill in gaps. C. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. North Newport Center Design Regulations November 10, 2015 14 16-156 Newport Center Dr. landscape variety San Joaquin Hills Road landscape North Newport Center Design Regulations November 10, 2015 San Nicolas landscape showing screening of parked cars Landscape adjacent to 888 San Clemente parking structure 15 16-157 3. Parking Lot Landscape New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. Evergreen hedges should be used to screen parked cars. Fashion Island parking lot tree placement 4. Internal Landscape San Joaquin Plaza evergreen hedges that screen parked cars New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Example of trees adding variety to pedestrian experience North Newport Center Design Regulations November 10, 2015 Example of landscaping creating strong visual continuity F. 16-158 C. Circulation Intent The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. C. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Dr. and pedestrian connections to/in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub -area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Dr. and the retail core of Fashion Island. f. Amenities such as benches, plazas and other pedestrian -oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. h. New benches, street trees, directional signs, trash receptacles, and exterior lighting are encouraged in the public right-of-ways to reinforce pedestrian activity. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Pedestrian walkway from Newport Center Dr. to Fashion Island Example of pedestrian amenities North Newport Center Design Regulations 17 November 10, 2015 16-159 Example of pedestrian connectivity to the street (between 500 and 550 Newport Center Dr.) Pedestrian amenities in Fashion Island Pedestrian amenity in Fashion Island Example of a strong pedestrian pathway North Newport Center Design Regulations November 10, 2015 Example of the crescent walk design framework Example of pedestrian oriented enhancement Storefront interface with pedestrians Fashion Island paseo 16-160 - Crescent Walk � Vehicular Circulation Pedestrian Connection to Fashion Island North Newport Center Design Regulations 19 November 10, 2015 16-161 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic. C. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf -block may be used in landscape areas where fire access is necessary. e. Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. Fashion Island loading dock North Newport Center Design Regulations November 10, 2015 Fashion Island loading dock 20 16-162 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. C. Convenient, well -marked, and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. Pedestrian entrance from surface parking at 680 Newport Center Dr. demonstrating flow from parking to building Well-defined walkway from Newport Center Dr. into Fashion Island at San Nicolas Well-defined pedestrian walkway in 5001550 Newport Center Dr. parking lot North Newport Center Design Regulations 21 November 10, 2015 16-163 D. Orientation and Identity Intent The intent of the standards for orientation, identity, and safety is to ensure that new commercial and residential development promotes wayfinding for residents and visitors, strengthens North Newport Center's sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the "landscape corners" should be retained. San Joaquin Hills Road and Jamboree Road San Joaquin Hills Road and Santa Cruz Dr. North Newport Center Design Regulations November 10, 2015 San Joaquin Hills Road and MacArthur San Joaquin Hills Road and Santa Cruz Dr. 22 16-164 2. View Corridors New development should preserve views of major retail tenants in Fashion Island from Newport Center Dr. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility Fashion Island major tenant visibility Balconies at 888 San Clemente featuring ocean views North Newport Center Design Regulations 23 November 10, 2015 16-165 3. Landmarks As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance wayfinding. The Island Hotel as a landmark building Wind chime as a landmark at Macy's Palms as a landmark at the southern entry into Fashion Island North Newport Center Design Regulations November 10, 2015 24 16-166 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. C. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfinding signs should be unified within each sub -area. £ Simplicity and legibility are encouraged. g. Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally -illuminated, halo -illuminated, externally illuminated, or non -illuminated. j. Sign types A -K and their corresponding locations are shown on the following pages. Project identification sign Directional sign Business identification sign Temporary signs mounted on construction fence North Newport Center Design Regulations 25 November 10, 2015 16-167 FASHION I NCE TERM ISLAND' ` NEW FkSNI�h — _ _ ORT CENTER ISL�NN INP ISLAND s 15LANDHOTEL Em��s":��." NCENTER _ N9oIfRR&Ei RAC1"b y WiNL14, SAND HOTEL E9AiM1 F9M 1NfW5 rW� — ISLAND HOTEL l � � _-•� II -y -,� s`4 � r � •._. ice,. FASHION ; `,'-� 'r '- J , �'.'.�� } �^; FASHION ISLAND I �. t, �° ISLAND REnuEnwcaues nAtrs L f - °`' ... i ISLAND HOTEL NOtRSTROM MFJNAN MARKS y v I, �+.•1 Jam`. +A , BLSIOMINGDASMANMARC - -, � - � � '� +� , •X � MORRSTf10M • MEIMAN MARCUS i , f E � I ' r � r � `� .' fir' ��*, • w �' , y' `� t � . �� , + r � h _ � . ' . � � ;lair.., � �'\ . ` ri .�' `� � 4.� � :� �—{ • L r3l rim �—P.n ai—' ecit ji, -M 3 680 � • 1 888 San Clemente Pl T I FNTIIuss } F,� •.• �- —.- �IewPorl 4 1� ' �v ." Lente . GATEWAY PLAZA 100-190 NEWPORT CENTER DRIVE ° o - GATEWAY PLAZA �AlEwky PLAZA ; 'ITIERTER jam lua-A90 NEWPORT CENTER DRIVE DRIVEmm 1Ar.�T�..-.- i Sign D — Landscape Walls (existing signs as of ,lune 2015) Stradling Yocca Carlson & Rauth D3 D2 D1 AQUA - IWMI O�� GAl D14 D4 D5 location D6 location - -3111111111111 North Newport Center Design Regulations November 10, 2015 45O P'ACIF'IC MERCANTILE BANK D12 LAL1154 0 tWM COMPANY D9 CITY NATIONAL13ANK D11 D11 D11 29 16-171 Sign E, F, G, H, I and J — Miscellaneous Signs (existing signs as of June 2015) Sign E — Building Sign* of INS o Sign F — Building Address* r 660 Sign I — Drive Through Signs (none) Sign J — Apartment Leasing Signs �r '+ J2 11 North Newport Center Design Regulations November 10, 2015 Sign G — Freestanding Building Address .. --G1 G2 Sign H — Advisory Signs* `Photographs of Sign Types E, F, and H are provided for reference purposes. A full inventory of those signs is not provided herein. 30 16-172 z :�m IG 2550 7,1 A r +.i�. ie It rl, "o Land Uses, Development Standards & Procedures Appendix — Design Regulations 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub -area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. C. Light fixtures should not cast off-site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. ATM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights, pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 North Newport Center Design Regulations November 10, 2015 Non -glare producing lights at 888 San Clemente 32 16-174 Attachment F Clrafil Resolution approving t a Site Cleveloprnent Review 16-175 REEICLIUTIC N NC.2016- A RESC LU TIC N C19 THE CITY COUNCIL OR THE CITU OF N E W RORT BEACH, CALIRORN IA, ARRROVIN G SITE CIEVELOPMENT REMIEW NC. SC12014-0(16 RC A 39 -UNIT MULTI-RAMILY RBSIDBN111AL DEMELCRMENII AND REVCKING USE PERMIT NO. UP1461 ROR A CAR WASH LC CATED All 150 NBWPC RII CENTER DRIVE (PA; 014- 213) WHBREAS, an appliuilion was filed by Newpert Anacapa Associates, LLC, wish uespect tc properly Iccated at 150 Newpert Center Drive, and legally descuiibed as Parcel 1 of Rarcel Map Nc. 29-34 ilResubdivisior No. 282) being a padicin of Block 93 of Iruire's sL bdi%i.iien as per map uecorded in Book 1, Rage 88 cf Miscellaneoi s Reccnd Maps, uecords of C range County, California; WHEREAS, the project includes ll -e demclition of an existing 8,500-square-fcot coir -wash, convenience markel, and gas station to accommodate the c evelopment cf a 5- .itc ryI, "15 -unit residential cendomiiniL m bL ilding with two levels cf sL bterranean parking. The appliuint requests following apprcvals from the Cily cf Newpcd Beach: « General Rlan Amendment QGPA) - lc change the land use u0egcry from CC- R ilRegional Cemrniercial Office' tc RM (Multi-Lnit Residential; and establish an anc mialy (Table LU2) designaticn for 35 c welling units. Zoning Cc de Amendment - tc change tl-e acriing District designaticn from CR ilCffice Regicrial Cemrniercial; to PC -56 (North Newport Ceriler Planned Community♦ District; cvertl•ei entire site. Rlanned Clcrrimunityl Development Rlan - tc amiend the RC -56 (North Nemport Center Planned Ccmmunily; tc incorperate thea project as a perticn of the Block 10(1 sut-area and approve 35 residential condominium i nits will- a miaxim um height cf 52.5 feel for the subjecl prcperly. Elite Development Review - lc allcw the construction of 39 mulili-family dwelling units. Tentative Tract Map - lc Establish a 3E -L nit resideriilial ccnc erniinium tract cn a 1.3 acre sile. •� Development Ac reement - to establish a propcsed develc prrient agreement l l- at w c i Id prc vic e public t enefits should the prcjecl be approved. Environmental Impact Report I1EIR) - tc addrEiss reascriably foreSEiEiable environmental impacts rest Iting from the IegislativEi and prc ject specific discretic riary apprcvals, thea City has determined that an Inilial Study and EIR area warranted for tl•is projECt purscant to thea California Brivircnmiental Quality Acl ilCECA;. Revoke Use Rermil Nc. UP1461 — revccaticn cf the uses permit lc allow the eperailion cf a car wash cn-sile; 16-176 Rescill.Ilion No. 2(116 - Rage 2 of _ "H BREAS, at if a time of application, I a subjecl property was locatec within the C R (Office R egional Commercial) aoriing ❑lislvicit and the General Plan Land Use Elerr enll category) is CC -R (Regional Commercial Office;; "H BREAS, the SL bject property is nol located within the cciasial zone; W H BREAS, a sty dy session was helc on , une 23, 2016, in the Council Chambers located al '100 Civic Center Drive, Newport Beach to introduce the project to the Rianning Commission and review the conclusions of the draft BIR. No acllion was taken at the study session; W H BREAS, a PL blic f earing was held on L ly 21, 2016, in tl• e COL ncil Chambers located at 100 Civic Clenter Drive, N ewpod Beacf. . A notice of time, place and purpose cl 1e put tic hearing was given in accovc ante with the New port Beach Municipal Ccic e iINBMC;. Evidence, both written anc oral, was preserilled to, and considered by, the Planning Commission at this put lic f eauing. The item was continued Ilo 1e August 18, 2016, Rlanning Commission Meeting; W H BREAS, a public heaving was helc on Aug st 18, 2016, in the CCII ncil Chambers located at 100 Clivic Cenlev DiiNe, Newport Beach. A ncitice of tirre, place and purpose of the public fearing was given in accordarice wilt lfe NBMCI. B�iderice, bcith written and ciral, was pvesented tci, and considered by, the Planning Commission ai this public hearing. The item was re -noticed for the September 1, 2016, Planning Commission Meeting; WHEREAS, a public hearing was held on c-ileptembev 1, 2016, in tf e CCIL ncil Charribers located at 100 Clivic Centev DiiNe, Newpcirl Beach. A notice of time, place and purpose of the public f eauing was given in accordarice witf if a NBMCI. Bvic ence, both written and oral, was pvesented to, and considered by, the Planning Commission at this PL blic hearing; WHEREAS, the Rlanning Commission adciplec Resolution No. 2(124 ty a vote of 5-2 veccrrrrending denial of the proposed project (Comimissionevs Lawley and Zak voting no; to the City Council; WHEREAS, a public hearing was f eld on !1-ileptember 27, 2(116, in the Coy ncil Chambers located al 10(1 Civic Ceriler Dvive, Newpcirl Beach. A notice of tirre, place and pLrpcise of the public fearing was given in accordarice wilt Ilfe NBMCI. B�iderice, both wvilten and oral, was presenlled lci, anc ccinsidered by, the City Council at this public hearing; WHEREAS, if e City Cac ncil adc plled City CCII ncil Rescilution No. 20'16 - approving General Rlan Arrienc rrient Noi. GP2014••003 changing the Geneval Plan land use designalioin cf '150 Newport Centers Drive from CO -R QRegioinal Commercial Cffice; 16-177 ResolLiion No. 2016 - Rage 3 of io Multiples -L nit Reisic ential QRM, 35 du; and eistat lisl- ing ari ariomaly 11-lablei L L 2; c eisignation for 35 dweilling units; WHEREAS, thea City Counail adopted Ordinance No. 2016-_ to charige the Zoriing Disiricit ceisigriation from OR (Cfficei Reigional Comrrieircial, to PC -56 (Norir � ew Mort Center Rlannec Community District; over thea einiiiie siiei aric amending thea PC -56 I11� orth Newport Ceinteir Planned Comrriuniiy) to incorporates il' ei projeci as a portion of thea Block 100 sut-area and approve 35 resideriiial condorriinicrri units will- a maArrium f eight of 52.5 feeit for the sc bjeicd properly; WHEREAS, a siie deveilopmeirii review is rec uired im 1hei corisiuL ciion of five oil rriorei uesideritial units rlroceissed in conjunctiori wish a leintativei Traci miap. lir ei sites develorlrrieint rEN iew analyzes the project as a "t olei for compatibility with the site and surroL nding lane useia. In accordaricei wilt NBMC Section 20.52.080(R) (Site Develorlrrieint Review;, the iollowing flndings and facts in ac ppori of a site developmerii review area seat fora r : Rindinc : E. / Nowed within 11he subl,'ec1 Zoning cisi icil; Raci in SIL ppori of Rindinc: lir ei puoposec Sitei Deiseiloprr eni Review for a 35-L nit cont ominiurri projeci is consistent with the arrieridec Plannec Corrlrrll niiy ❑eivedoprrient Man it at allows 35 resideriiial units. .Rindinc: F. In ccrrpiliance with aiV of tide applicatlle crheria in [ABMC Suitlsecticn 20.52.66O(C)(2)(c)J a. Ccrrpiliance with this Secticn'the General Plan, this Zoning Cooe, any aflpVcablle sflechc plan, and cilher aflpVcablle crillerla and ploilicies ►eilated to i1he use cr structure; bl. The efficient arrangement cf structures on the she and the tbimcnicus relaticnshl,ifl of the structures 11c one ancllher ano to cilher ad)acient cevelopmenil; ana whether the reilabonship ,is biased on standards of gccd c esig n; C. The ccmflatibilityl in terms of Hulk, scale, ant aecillhetic ilreatrrent of structures cn the she anc adjacent developments anc plubllic areas, d. The acequiacy, efficienciy, anc safety of pedestrian ana vehlicuilar access, ,incluiding drive ais4es, arivewayls, and parking and loading sflaces; 16-178 Resolution No. 2016 - Page 4 of e. The adequacyl avid efficiencyi of lancscapirig anid cTleri splace areas and the uae of water efficieriil pllanit anid ,irrigation materhiails, anc 1. The TIrctecticri of signi,if,icanit views fticm plubllic righil(s)-of-wayl aria ccmp�liarnice with (NEIMCJ Section 2C."0.16C (Pu,t1ic View Prctecticns,; anc Facts in Support of Finding: The pro'leci is consisient with the am enc ed Mi Itiple-L reit Residential i RM) General Rlan land L se designation aric am ended RC - 56 (North New port Ce rii er Planned Com m L nity Developirr ent Phan; Zoning Disirici. 2. The proje cii has t eeri designed as 35 units within a 5 -story building structure wilt two ericla%es and provides for effective Firivate oplen space, ligtt, and airfor each unit. The Firojecil is irilegrated as a i nilied de%eloprr eni tt rough the use of similar architectural style and design elemerils, on-site parking, adequate and vehicular and pec estrian airculalion wilt adjacient properties. 3. The building design with two enclaves and a glass and metal linkage, iociether wilt the modulated rooi Firofile, are designed io be compatible wiir surroinding retail and office developmerii in Newporl Center. llhe building arcihitecture provides Fire -cast cioncrete facade, stainless steel finist es, and glass materials similar io surrounding office buildings in the area. Massing ofilseis, variations of roofline, %aried iexil res, recesse.i, articiL lation, and c esign acicients on the elevation are iritegratec to a riharice it a ove hall archilecli ral style of tt a building. 4. The front setbaciks along each streei ironiage are approrlriate to :iupFiort Fiedesirian corinecitiviiy wiitin Newport Center. All eritryl level residential units are orienie c toward adjace nl streets to maximize the Fiede:iirian relaiionst ip of the developmerit to the surrounding Newplort Center area. The greaier setback:i afford a greater interlace with It adjacent ricihts-of-way to ensure compatibility Witt the pedestrian eriviroriment. 9. The height, t i Ik, and sciale of the residential t uilding are ciom parable to height lira its on surrOL nding properties anc existing bL ilding heights at the south half of Newport Center. 11ta building is designed to pro%ide variation and modulation betwee n enclaves for visual interest. The front facades include bosh vertical and t orizorital off -sets and utilize a %ariation of building materials to provide enhanced visual relief. llhe massing of the projecit is broken up into two enclaves, t reaking up t uilding m assing. 6. Meahanical equipment for the resideriiial units have been locaiec within enclosures ai the rooi level to reducie noise impacts and the enclosures will Firovide eflle clip a screening be low the roof deck level to minimize aesit etic im pacts. 16-179 Reisolution No. 2016- Ragei 5 of 1. The clrojeci has been designed to avoic conflicis among users, such as noises, vibration, lighting, odors, and similar impacts. Ther podium wall provic es a buffer t etweiein thea proposed residential units and the adjaceint commercial deiVeilopmeint to thea soLtt and weist of thea projeict sites anc is c eisignec to maintain privacy and proteicition for the reisideritial teiriants. 8. The c nits area orieinteid toward It ei adjaceirii rigt ts-of�way to si pport pedeisirian cionneictions in Newport Cleinteir. Walkways and eidreiss area 9Lfficieint througt out ihei sitei as revieiwed by thei E uilding Division anc thea City Traffic Bngineer. 8)isiing pedestrian eiaseimeinis will be maintained ai an appropriates wicth along the socthern properly line anc along Anaciapa Drive io ensi re adeiquatei access across tt ei sites. 9. RL rsuarit to thea Zoning Code, thea projeicii pro%ides the required 70 resit eniial parking spacers, and 18 residential guess parking spacers, whict can be provided entirely on sites. Bach reisidential i nii will bei aflbrded a private, enclosed two -car garages. All gi est park ing spacers area provided in the t aseimieint leivel garages with one parking space ai it a entry leiveil. 10. Access to it ei sites, on-site circulation, and parking areas arei designed io provic ei siandarc-sizeic parking spacers, miinimL rri 26 -foot -wider, two-way c riveways, and ihei minimum vehicle ti rning rac iL s io prodder safes access for residents and guests Qin& ding the disabled), eimiergeiricy veihicleis, deili%eery trucks, and refs se collections Veit icles, as deiieirmineid by it e City Tlrafflc Engineer. 11. - It ei waiveir of Cor ncil Rolicy L-2 utilizes a radius curb CIL t design along Ariacapa Drive. Coyncil Policy L•2 specifiers it at C10%eiway approaches may utilize a CILrb return design with a mia) imum curb radius of 25 feet and a driveiway approach bottom oil greater than 35 feet only if ihei dri%eway seirveis an entrance io a parking area or strL cti re for more than 200 vehicleis. c incie ihei proposed parking sirs cis rei doers not serves miorei itan 200 vet icles a waiver of this policy is necessary to utilize this curb reit, rn design. RL blit Works siafll has reiviewed Itis reigL east and doers not object thei applicant's request. 12. -Rei clrojeci doers not change any street park ing configurations. The sites c esign providers two new curb cuts fbr drop-ofll and �aleit seRiiceis from Anaciapa Drive. llt ei project utilizers an existing c riveway at it ei south of it a project site fbr resident aciciess. Ther projeici providers adeigLatei sight distance at eiact driveway, as determined t y the City Traffic arigineer. 13. Landscaping is provided througt out the site in areas that are riot utilized by the existing units or areas for parking circulation. All seitback areas are landscaped. A variation of ornamental grouridco�er, vines, shrL bs, and trees are uiilizeid to help soften and t i ffer the massing of thea condominium units and podium at grot, nd level. 16-180 Resolution No. 2016- Page6of_ 14. New sineet trees will k e prop idec along Anaciapa Drive. 15. The pnojecit is sL b'ect to if e City's Wateir-Efflcierit Landsciape requinerrients (NEMC Cl• apten 14.17' and compliance will be confirmed at plan cif• eck prior to issL ing k uilding permits. 16. The proposed resit ential development provides a series of cion rron outdoor living areas tl• at includes a dog run, open plazas, and landscaped seating areas acjacient io Newport Center Drive. H ali of the L nits provide prKaie outdoor living space in the form of large I: aicionies and pnivalle patios ai # a eniryl level. 17. The site is visible frorr tl• a coastal corridor along MacArlhl. r Boulevanc identifiec by the General Plan. However, iris vaniage poini is oriented toward waier views of h ewplort Bay. The view iromi tl• e MacAr& ur Boulevard vantage point will not be cif• anged significantly where il- a proplosec development may be visible beyonc e)isiing buildings and trees but will riot cbsirLCi coastal views. The prc.'ect does not affect existing publics views as shown in ire view simulations plrcvided on Pages 4.'1-15 thrOLgh 4.1-18 of the EIR anc does not deiraci ircmi the character ci the area. The overall prc,eci reight is consistent wiih the height limit cri acjacient properties anc existing building r eights on sunlit unding blocks. Fincing: G. The proposed oevedcpment .is rot oelhimental tc ilhe harrron,ious anc orcerAy gro wth of the Ciilyl, c r er oar 9ler jeo pardize, c r c therw,ise cc r stitute a hazard to the putll�ic ccr ver ten ce, health, sir llerest, safetyl, c r 91er eral welfare o1 persons resic.ing cr working .in ilhe neighLonccoc cl 11he proplosec ceveilopmerl. Facts in Suppert of Finc ing: The residential projeci r as been designed to ensure that potential cc riflicts w sir surrounc ing land uses are rr inimizec is the extent possible io maintain a healthy envircriment for both businesses and resit ents by providing an archilectL rally pleasing prc: ect with articulation and building modulations is enhancie tr e L rban envirc rirr ent consistent with developrr ent in Newpc ri Center. 2. The plrcposed builcing has been designec io acccmmocate and provide safe access for err ergency vehicles, delivery trL cks, anc reiuse collecitions %ehicles, as cetermiried by Ire Cfiy Traffic Engineer. Bmergency vehicles and delivery trucks will utilise the entry off of Anacapa Drive while refL se cc Ileclions vehicles will Icac trash via a SCOL t irL cH along the south driveway. -1r a siae, c esign, location, and screening of the refuse enclosures will cc rriply with the requirerrienis of NBMC Section 20.30.120 (ISclid "aste 81 Recyclable Materials Storage), ensuring cc rripatibility with the ori -site and adjacent uses. 16-181 Resolution No. 2016 - Rage a ofl 3. -f• ei proposed project is fbreiciaslleid to geineratei a maxim L rri ofl 147 aveivagei daily inips, assuming ihei pnoposeid projeicit is a Figh Rise Residential CoridomiiniL rr /Townhouses ilITE 232), lIh eireibrei a traffic study puusL ant to the kaffia Phasing Ordinance is not reiqL ireid. -Mei existing uses generates 819 aveuiagei daily trips and il• ei proposed developirr eint results in a ueducdion ofl aveuiagei daily trafi is trips. -Rei pnojeict is aniicipal EIC lo deimand no rr ores than a rr aximL rri of 10,4'17 gal loris peui day Qgpd; and geinera'16 no rrorei than a maximum oil 9,470 gpd of waste wateui. This result is an overall reduction from the ei>islling car wast• use wPerei watem c emand is 12,395 gpc anc wastes water generation is estimalleid ai 11,156 gpc . 5. -ft ei scale anc visual impacll to the adjacent commeinaial properly to the weisll wOL Id bei miinimiizeid with il- ei design oil 111• ei 10 -foot podium wall designed with a 3- fbot lanc scapei buffer and open gL arduail abovei. 6. Me Flrojecl is subjecl to 1h ei City's C utdoor Lighting requinerrienis aontairied within NBMC Section 20.30.070. 7. Roof -top meal-aniaal equipmenil for E awl- L nil is fully enclosed witl- in an eqL irlmerit saneen and i:i not visible fram the public right-of-way. 8. -01-e new aaristruction complies with all 9c ilding, RL t Iia Wanks, Fine Codes, Clity ordinances, and all aaric iiians of approval; and WHERBASI, revocation ofl USEI Permit No. UP'146'1 is requeslled ibr tl•ei existing car wash on sites. In accordance i %U N HMC elections 20.68.050 and 20.52.030ifl)(1;, ihei following finding and foist in supplort of the revocallion are sell fbrth: Finc ing: H. The Tlermit or aplglrcval was issued it errcr cr circiumstarcea unser wh,icih tlhe Tlerm�it or apLproval was grar, ile o have deer me d ifie d i1c en exitert that ore or more cf the fino.ings thatl,'ustifiec the origire)l aTpricval car nc longer ole made anc tlhe Tlutl/ic health, safeilly;, anc weAlarie require the re vocaticn ori moafflcaticrs. Fact in Support ofl Finc ing: The propeirly is SL bjeict to changed ciraL rr sllances (General Plan ameiridmeirill to RM) L nder whi& iP ei sites will no longer be irripro%ed wiI 11r ei infhiasllr. CIL rei to aciciorrimodallei a car wash usei as al.lI orizeid unc eir Usei Peuimiii No. UR1461. 16-182 Resolution No. 2016 - Rage 8 of NOW, THEREFORE, the City Colncil of the City of Newport Beach resolves as follows: Secilion 1: The City Council has considered ire recommendation of the Rlanning Comim ission anc has determined that modifications io ire project made by ire City COL ncil, if any, are not miajor changes that reqs ire refemial back to the Rlanning Comimiission for consideration and reciomimiendation. Secil ion 2: T r e Clity COL ncil r ereby appno� es Site Development Review No. SD2CI14-006 and the requested waiver of Counail Rolicy L-2 regarding the radius CL rb cut design, 9Lbject to the conditions of approval set farih in Exhibit "A," whirr is attached hereto and incorgoraied r erein by reference. Section 3: The Clity COL ncil of the City of Newporl Beacr hereby revokes Use Permit No. 1461, which upon vesting of tre rights authorized ky this approval, stall become nL II and void. Section 4: The recitals provided in this resolution are Ike and correct and ane incorporated into the operative part of this resolution. Section If any section, ElL bsection, sentence, clai se or phrase of this resolution is, for any reason, held to be invalid or L nconsML flonal, suer decision shall not affect It a validity or constitutionality of the remaining portions of this resolution. The City Council r erek y declare, -:i that it would have passec this resolution, and eacr section, subsection, sentence, clause or phrase hereof, irrespective of the favi that any one or more sections, subsections, sentences, clauses or pr rases be declared im alic or L ncori:ititutional. Secticin 6: The '150 Newport Center Ririal Bnvinonmerital Impact Report (SCF No. 20'160'11032) was prepared for ire project in comipliance with CE CA, ire State CIRCA Guidelines, and Clity Counail Policy K-3. By Re:iolction No. 2016-_, the City Council, raving final approval authority over the project, adopted and certified as com pleie and adequate the 150 Newporl Center Final Environmerital Impact Report IjSICF 2016011032) and adapted "Mitigation Moniioring and Reporting Program." Resolution No. 2016-_ is hereby incorporated by reference. Section 7: Tris resolution shall take effect immec iately upon the effective date of City Council Ordinance No. 2016-_ approving caning Code Amienc miens No. 2014- C108 and adopting Manned Community Development Rlan No. RC2014-OC14 anc the City Clerk shall certify I a vote adopting the resolution. 16-183 Resolution No. 2916 - Page 9 of ADOPTED this 27u' day of September, 2916. Diane S. Nixon Mayor Leilani I. Brawn City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Exhibit A: Conditions of Approval 16-184 Resolution No. 2016 - Page 10 of EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) 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. The site development review authorizes the approval of a 35 -unit condominium development as specified in the adopted Planned Community Development Plan. The project height shall be modified to roof height of 52.5 feet with mechanical equipment up to 58.5 feet as measured from finished surface in the PC -56 (North Newport Center Planned Community Development Plan). 3. The project shall adhere to the development standards established in the amended PC -56 (North Newport Center Planned Community Development Plan) for the project site. 4. The applicant shall comply with all project design features, mitigation measures, and standard conditions contained within the approved mitigation monitoring reporting program (MMRP) of EIR SCH No. 2016011032 for the project. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Site Development Review or the processing of a new Site Development Review. 6. This approval shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 7. 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. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. 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 approval. 16-185 Resolution No. 2016 - Page 11 of 10. A copy of the Resolution, including conditions of approval Exhibit "G" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the project file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the new dwelling units (currently $1,748.00 per new additional dwelling unit) in accordance with NBMC Chapter 15.38. The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 14. Prior to the issuance of building permits, San Joaquin Transportation Corridor Fees shall be paid for the new dwelling units (currently $2,398.00 per new additional dwelling unit). The applicant shall be credited for the reduction in commercial square footage and the remaining balance shall be charged or credited to the applicant. 15. Prior to the issuance of building permits, the applicant shall obtain property owner authorization for any improvements proposed on adjacent private properties (160 Newport Center Drive, APN No. 442-231-14, and 202 Newport Center Drive, APN No. 442-161-17). 16. 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 Division demonstrating compliance with the requirements of NBMC Chapter 14.17 (Water -Efficient Landscaping Ordinance). 17. 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 . :01 Resolution No. 2016 - Page 12 of debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Replacement street trees shall be a minimum 36 -inch box and shall be replaced at the applicant's cost. 18. The project design shall maintain a 3 -foot wide landscaped planter at the western edge of property. Retaining walls along the podium level shall not exceed 10 feet in height measured from existing grade as shown on the title constraints survey. Required guardrails shall be open in design. 19. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. 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 Division. The survey shall show that lighting values are 1" or less at all property lines. 21. Prior to the issuance of building permits, the plans shall demonstrate that the exterior fagade shall utilize low reflective building materials and window glazing tint to reduce nighttime light and glare. 22. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 23. The exterior of the property shall be maintained free of litter and graffiti at all times. The homeowner's association shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 24. The homeowner's association 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 Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of NBMC Title 14, including all future amendments (including Water Quality related requirements). 16-187 Resolution No. 2016 - Page 13 of 25. All proposed signs shall be in conformance with an approved Comprehensive Sign Program for the project site and provisions of NBMC Chapter 20.42 (Signs). 26. 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. 27. Prior to the issuance of building permits, the Planning Commission shall review the final exterior building materials, landscaping, and resident site amenities for substantial conformance with the project plans as approved. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the 150 Newport Center residential project including, but not limited to, the General Plan Amendment No. GP2014-003, Zoning Code Amendment No. CA2014-008, Planned Community Development Plan No. PC2014-004, Site Development Permit No. SD2014-006, Tentative Tract Map No. NT2015-003, Development Agreement No. DA2014-002, certification of Environmental Impact Report No. ER2015-002. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 29. The new elevator shall be gurney -accommodating in accordance with Article 30 of the California Building Code (2001 edition). 30. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL certified alarm service company. ff em A Resolution No. 2016 - Page 14 of 31. A 2A 10BC Fire Extinguisher will be required for the R-2 Occupancy. The extinguisher must be located so that it is not more than 75 feet travel distance to reach an extinguisher from the front door of each unit. 32. The parking garage is classified as an ordinary hazard occupancy which requires a 2A20BC fire extinguisher. This fire extinguisher will cover 1500 square feet of floor area and the extinguisher must be located so that it is not more than 50 feet travel distance to reach an extinguisher from the garage floor area. 33. A Knox box will be required for the proposed structure. The Knox box must contain keys which will gain entrance to the building in an emergency situation. Also, keys to any mechanical room or equipment room will need to be placed in the Knox box. 34. As per California Fire Code Section 507.5.1, a fire hydrant will be required within 400 feet of all portions of every structure. The number of fire hydrants will be determined by the required fire flow for each structure. Prior to the issuance of building permits, a fire flow work sheet will need to be provided for the project and can be obtained from Newport Beach Fire Department Guidelines & Standards B.01. 35. An address shall be placed on all new buildings in such a position that it is plainly visible and legible from the street or road fronting the property. 36. Effective emergency responder radio coverage (800 MHz) will be required and shall comply with Newport Beach Fire Department Guideline &Standards D.05 Public Safety Radio System coverage. 37. Stairwell signage shall meet Newport Beach Fire Department Guideline & Standards D.01. 38. The following items will be required and will necessitate a separate plan submittal and permit. NFPA 111333 Fire Sprinkler System, Fire Alarm System, Standpipe System, and 800 MHz. 39. Gurney sized elevator with Phase 1 recall will be required as per C.B.C. Sec.3002.4a. 40. Smoke detectors will be required for the individual dwelling units as per C.F.C. Sec. 907.2.11.2. 41. Areas with an "A" Occupancy will need to meet all requirements for an assembly type occupancy referenced in C.F.C. Section 1028. . :•A Resolution No. 2016 - Page 15 of 42. Dumpster locations will need to meet Newport Beach Fire Department Guideline & Standard A.16 with regard to requirements for locations of dumpsters. 43. Car charging stations will need to be shown on plans and must comply with National Electrical Code 625.5. 44. Emergency power outlets are required as per Newport Beach Fire Department amendment to the California Fire Code. Amendment states: Provide and install electrical outlets (120 volt, duplex) that are connected to the emergency generator circuitry/system when a generator is required by Section 604.2 of the CFC. The electrical outlets shall be provided in the following locations: a. In the main exit corridor of each floor, adjacent to each exit enclosure. b. On every level in every stairwell. c. In each elevator lobby. d. In public assembly areas larger than 1,500 square feet. e. In every fire control room. f. In such other areas as may be designated by the fire code official. 45. An exclusive off-street staging area shall be provided for emergency vehicles. The size of the area will need to accommodate the height and width of a fire engine and medic unit and should be close to the main entrance into the development. The minimum width of the emergency access area is 20 feet to accommodate the ladder truck stabilizers. The access area needs to be designed for ladder use; therefore the access area shall be open from ground to building height with a vertical clearance of 14 -feet 46. Exterior walkways must be shown with plan review and designed to accommodate hand carrying of firefighter ladders for use of "ground" laddering of building. The largest ladder utilized will be 35 -foot ladder with a storing length of 20.5 feet long. 47. Laddering opportunities must be provided around the perimeter of the structure in areas designated by the Fire Department. Landscape will need to be minimized in these areas and a `laddering pad' (rectangular concrete area) located in the planter area may be necessary for the ladder footing. Building Division Conditions 48. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 16-190 Resolution No. 2016 - Page 16 of 49. 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 carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Resolution No. 2016 - Page 17 of • 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. 50. 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, 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. 51. 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 Division 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. 52. 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. 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. 53. The building shall be designed as a Type I -A construction. 54. Limitations exist on the amount of opening allowed in a Type I building, when the exterior wall is less than 15 feet from the property line and less than 20 feet from the property line. 55. A grading and shoring bond shall be required prior to grading or building permit issuance. The bond shall be based on the total value of excavation, grading and shoring work. 56. A geotechnical report shall be submitted to the Building Division for review prior to permit issuance. The review shall include a study on the potential for liquefaction. 16-192 Resolution No. 2016 - Page 18 of 57. A drainage and hydrology study shall be submitted for review prior to permit issuance. 58. Cal Green and Energy commissioning and acceptance testing may be required at the time of permit issuance. 59. All residential units must be compliant for disabled access. Units are to be accessible and adaptable. 60. The subterranean parking garage shall provide 8 -foot 2 -inch minimum vehicular clearance. 61. A shoring plan shall be submitted prior to building permit issuance. 16-193 Attachment G Dreft Re scluticri approving thea Te ritativei Tract Me p 16-194 RESICLLTION NC. 2016- A RBSICLUTICN CF IIH E CITY CC L NCIIL OF TH8 CITY OF NBWPCRII BEACH, CALIFORNIA, APPROVING IIBNIIAIIIVE TRACII MAP NC. NT2015-003 FOR A 35-L NIT MULIII-FAMILIY R86II118NIIIAL DBVBLOPMBNT LOCATED AT 150 N BW RORT CENTER DRIVE (PM 0' 4-213; WHERBASI, an applicaticin was filed by Newport Anacapa Associates, LI -C, with respecll to properly located at 150 New port Center Drive, and legally described as Rarcel 1 cf Rarael Map No. 29-134 (ResL bdivision No. 2831 being a pcirlicin cif Blciak 93 ciil Irvine's sut divisioin as pen rriap reacirc ed in Book 1, Page 88 cf N iscellanecL s Record Maps, reciords cf C narige CCIL nty, Caliicuinia; WHERBASI, the project includes the derricililion cf an existing 8,500-square-iocit car -wash, aoinvenience market, and gas Staticin io accommodate the develcipment cf a 5 - story, 39-Lnit reuideniial aoindominium building with two levels of sutlerrarieari parking. The applicarii reqs esis follc wing approvals froirri the City of Newport Beach: • Genenal Plan Amendment (GRA; - to charige the land use celegory from CC- R (Regional Commercial Office; to RM (Multi -L reit Residential,' and establisr an anomaly (1 able LL 2) designallion for 35 dwelling units. • Zc ning Clcde Amenc ment - to change the Zoning District designation fiiorri OR (Office Regional Commercial; to PC -56 (North N ewporl Center Rlanned Clorrirr unity Districl; civer the entire site. • Rlanned Community) Devielopmeni Rlari - to amend tr e PC -56 ilNodh N ewporl Center Planned Corrirr i nity) to incarporate the project as a Moil ion of the Block 100 sub -area and apprci%a 39 residential concominiurr Lriita with a m axirr urr r eigr 1 of 50 feet for the subjecl proper) y. • Slite Deueloprr eni Review - to allow I a cionsllruclion of 35 multi -family dwelling L nits. • Tentative Tract Marl - to establish a 35-L nit residential condorriinic rr tract on a 1.3 acne site. • Development Aglreerr ent - tci establish a proposed develcirlrrient agreement thal wcic Id provide FIL blia benefits shcii Id tr a project be approved. • Bnvinonmental Impact Report BIR) - to address reasonably foreseeable envircirirriental irr pacts rest, Ming fiiorr tr a legislative and projecl specific c iscreticinary approvals, the City has detenTiined that an Initial Stc dy and BIR are warranted for chis prcijecll pursuant lloi the Clalftirnia Brivircinmerilal C uality Acit IJCBCA). • Revoke Use Penmit Nc. LR1461 — revocation of the use permit to allow the operation of a car wash on-site; WHBREAS, at ll' a time of application, the si bjeci property was located within the C R (Office Regional Commercial) coning Disirict and the C eneral Rlan Larid Use Elemerii category is CC -R (Regional Corr rr ercial Office,; 16-195 Resolution No. 2016 - Rage 2 of W H BREAS, the sL bject properly is not located will- in tl- a coastal zone; W H BREAS, a study session was held on June 23, 3016, in the Council Chambers locaiec ai 'I CIO Civic Center Drive, Newport Beach to introduce 11-e projeci to ire Planning Commission and review 11-e conclusions of the draft BIR. No action was taken ai tl-e saucy session; "H BREAS, a pL blic l- earirig was held on my 21, 2016, in the Council Chamit ers loUiiec ai 100 Civic Center Drive, Newport Beach. A notice of timie, place and pL rpose of the publics hearing was gig en in accordance with tl- a Newporl Beach Municipal Code (NBMC;. Evidence, boil- written and oral, was presented to, and considered ty, the Planning Commission ai this publics hearing. The item was coniiriuec to the ALgust '18, 2016, Rlanning Commission Meeting; WHEREAS, a put lic hearing was held on August '18, 2016, in the Council Chambers located ai 10CI Civic Cerner Drive, Newport Beach. A noticie of timie, r1lacie and PL rpose of the public l- earing was given in accordance will- ll- e N BMC. Bviderice, boil - written and oral, was preseniec lo, and considered ty, the Rlanning Clommission at this public hearing. The item was re -noticed for il-e September 1, 2016, Rlanning Commission Meeting; WHEREAS, a public hearing was held on September 1, 2016, in tl- e Council Charribers located ai '100 Civic Cenier Drive, kewport Beaah. A noticie of iimie, placie and pL rpose of the pL blic hearing was given in accordance wish the N BMC. Bviderice, boil- %Viten and oral, was presented io, and considered ty, the Rlanning Commission at this PL blic l- eanirig; WHERBASI, the Rlanning Commission adopted Resoluiiori No. 2024 by a joie of 5-2 recommending denial of the r1roposec project (Corrimiissioners Lawler and Zak voting no; to the Ciiy Council; WHERBASI, a pLblia hearing was helc on September 27, 2016, in the Council Cl-arribers located ai '100 Civic Cerner Drive, kewport Beaah. A noiicie of iirrie, placie and pLrpose of the public hearing was given in accordance with the NBMC. Bviderice, boil- wniiten and oral, was presented lo, and cionsidered by, the City Council at this pL blic hearing; WHERBASI, ll- e Ciiy COL ncil adopted Ciiy Council Resolution No. 2016-## approving General Plan Arriendrrieni No. GR30'14-003 chariging the General Rlan land use designation of '150 Newport Center Drive from CC -H (IRegional Commercial Cffae; to M L Itiple-Unit Re side riiial ilRM, 39 dL) and establishing an anomaly (Table LU2; designation fon 35 dwelling L nits; 16-196 Resor lion No. 2016- RagE 3 of _ WHEREAS, Re City Council ac opiec C rc inance No. 30'16-##f-# lo al• ange the Zoning ❑isiuicrt designation frorri CR (Cffice REgional Commercial) lo PC -56 (JNor1l- NEwport Center Rlanned Community District) o%er the E riiire site and amending the PC -56 ilNorth Newport CEnteu PlannEd Community) to incorporate the puo,ject as a portion of the Block 100 sub -area aric appro%e 35 resideriiial condorriiniL rri snits wilt• a maximum height of 53'IE Etfor the subject properly; WHEREAS, a lentativE tract miap is regL ested for residential condominiums purposEs, io create 35 condominium units. In accordancE wiih N BMC Section 19.12.070 ilREquiued Rindings for Action on Teniati%e Maps), the iollowing findings and iacits in support of a tentative tracit rriap aue set forth: Rindin : A. That the proposec reap ar,d the cEciiglr, or imptovemerils of the sutbdfvfaior, 61E conaistert with the Generail Plar and cry applicable speci is pin, ar,d with the eppdcable proviaicra c the Sutldlvisior, Mlep Aat ar,d the City Slubldivis,ion Code. Flacis in Support of Rinding: 1. llhe subdivision is consistent with the amiended Multiple -Unit Residential (IRM; General Rlan lanc use designation and amieridE c PC -56 (Nora f• Newport Cen1E r Plannec Community DevElopmient Rlan, coning Disiuici. 2. IIhE TEriiaiive Tract Map provides fou the dE%eloprrient of a cohesive development wish a pattErm of dwelling unit orientations and vel• icle airculaiion that provic e a pedestrian -friendly environmiE nt wilt strong connectivity lo adjacent commercial and officE areas. 3. The RL blia Worths ❑epari mient has rE % iew ed the proposed to ni ative map and found it consistent with the Newport Beach Subc ivision Code iINBMC TitlE '19) and applicable uequirerriEnis of the SL bdivision Map Act. 4. Conditions of appro%al ha%e been included to EnsurE comipliancE with NEMC TitlE 19. Pinc ing: B. 7he11 the site pis prysicallysuitable fcrME type end density of development. Pact:i in Support of Rinding: I . ThE site has a gentlE sloping condition and the bL ilding design acicomimioc ates if is slope wiih a podium wall at the SOL ih and west edge and larger builcing setbacks 16-197 Resolution No. 2016 - Rage 4 of above ill -e podic rri. The site is safle and sc itable for development. llhe site is not located in a flood zone. -I'll- a geoile& nical fleasit ility sti. dy arid geotechnical report will provide additional reran-irrieridations for carisirucition of the proposed projecil to ensure the suitability ibr ill- a proposed developmeril tl• at will be nequirec ibii consilrucilion prior lo the issuance of building permits. 2. The 1.26 acre site is large eriougl- to aciccirrirriodate 35 L nits while providing si.fficienil landscape setback and open spacie areas as well as vehicle access and guest parking areas that rrieet applicable standards. The existing developed site is c evoid of natural resources and ii is locaiec in an anea that provides adequate access to roadways and utilities. 3. The General Rlan esiirriates chat future traffic noise exposure will be 65 dB CN EL lo the nearesil nesideriilial ibcades to Newpori Center Drive and identifies that residential uses are normally compatible or ciorripatible will- noise insulation ileatL res inch dec in the design. With appropriaile noise control measures unc er cionveriilional corisini.ciion and design of the proposed project (e.g., closed winc ows, fresh air supply sy sterris on air conditioning), the inilerion noise levels comply will- the Ciiy and State intenior noise standard oil 45 dB CNBL for residential L nils. Finding: C. That 11i designs cf Me sutldiv,isicri cr thle prcplosed ,improvements are riot liklely 11c cause sublstanitiall enivircnmer,iilall damage ncr sutlsilantiallyl ano avciaabilyl irjune fish) or wl/dfife cr their tlablillail. hlcweven, rictw,illrlsilan i,irig ite fcregoirig, the oecisicn-maMrig tlooyl may neverltle,less approve such) a subdivisiori if ari er,ivircrim ental ,implact repert was prepared for thle plrojecil and a fincing was maae plursuariil to Slectiori 21681 cf the Cahilcririia Enivironimerulail Cualiily Act thlat specific ecioncmic, social, on cili ccrisiceraticris makle irifeasitIle the mitigaticri measures cr plricject ailterinailives icentified in Me erivirorimenta,I impact riepert. Facis in Support of Finding Under existing conditions, the project side and sL rrounding land arieas are flully de%elopec with r. rban uses and do riot contain sensitive biological resourcies. The vegetation tl- at occurs ori -site is ornamerilal in nature, including trees and ornarriental sl- rL bs, gror. ndcover, and \ ines growing on the existing bL ilding's fbcades and screen walls. A Mitigalion Measure is provided in the Miligation Moniloring and Reporting Rrograrri (IMMRR, "a)l-ibil B" oft Resolution No. 2016-_) to ensure adequate protecilion oft nesting binds during ill -e consilruction process. 2. No drainages inaverse Re property and rio potential junisdictional walers or wetlands areas are pnesent on on immediately adjaceriil to 1l- a site. 16-198 Resolution No. 2016- Rlage 5 of 3. An einvironrrental imiplaci replorl (BIR) ISICH No. 2016011032; was pueipareid for trei proploseid puojeict. C n lr ei basis of tl'ei erilirei eirivirorirrieintal review recoid, the proposeic pirojecil will r avei a IESS lr an significant im plact upon tr a environmient with the incorporation of rritigation measures for biological ueisouuces, ciL Itural resoL rces, geology and soils, and noises. The mitigation measurers ideinlifieid in tr a BIR area feiasiblei and rein ucei poteinlial En%ironmieintal impacts to a less lr an significant level. TI• ei mitigation rrieiasL refs arei appliciablei to tr a project thuougr tl' ei MMRP (Exhit it "B" of Resolution N o. 20'16 . Rindinq: C. Thlat iltle design of thle subc,ivision or thle type of iimprovemer, ils Is not ilikeiyi ilo cause serious putljlic hleaJthl problilerra. Facts in Support of Rindinq: 11. At full build -out, air quality and C reiein Housei Gas (C H C' emissions associated with construction of the pirojecl will be IEss than significaril, as documeriled in the EI R. 2. Mitigation mieasureis identified in the BIR reiducie poteirilial irripacits associated with biological resourcies, cuNL ral resoL rces, geology and soils, and noises to a level tr at is IEss tr an significiant. 3. No evidencie is kriown to exial tr at would indicate that thea planned subdivision pattern will geineuiatei any serious piublic health problerris. 4. All construction fou the projeicl corriplieis with BL ilding, Public Works, and Rirei Coc es. Rlublic impm%errients will be reigL ireid of 11-e developer pear NBMC Slecition '19.28.010 and Sections 66410 et :req. of ll' a SIL bdi%ision Map Acl. All ordinances of the City and all cont itions of approval will bei complieid with. Rinc ing: E. Thlail iltle design of the autldivisior or iltle tAp of improvers er, is will r, of cor flict with easements, acquiVed tly thle public ail ilarge, for acceaa thlrougrl or use of, plropertyl wittir thleprioposedsublcivision. jlr, iltis cor,rectior,, thle decisior-making tloeYl rrayl approve a map ,if it firda that ailterrate easemerts, for acceas or for uae, will be provicea ar,d iltbt iltlese eeaemer,ils MI/Le sublster tially equivalent to ones previously acquiree bly the public. This finding shah) apply only to easements of reccrd or to easemer is establiMed blyl ,'uogmenit cl a court of corn peter, t jurisdictic n ar a no authl c rity Is hereby) granted to the C,ityi Cour cit to determir,e flat the plubllic at Marge has acquiriec easements for access thlrougrl or use of plropertyl wh1hin a sutldivision. 16-199 Resolution No. 2016 - Rage 6 of _ Racis in Support of Funding: Rublic imirlroveimients, consisting of the reicorisinr. ciion of the oc rb, gutter, and sidewalks, two new driveways along the Ariacarla Drive iroritagei, anc street trees along Anacapa Drive will bei reigc irec of the applicant per it ei NEMC and the Subc ivision Map Aci. A oorrirrion sewer and water connection will be provided for it a project as approvec by the Public Wonks Depar rrieint tr at will conneict to an existing 12 -inch main in Anacapa Drive. 2. -Hre lracd map will reiduce the width of the existing 18 -loot wide pedestrian easeimienl at the soulr eidgei of the sites to 5 ieiel in width to accomimodale the location of new sin. cir. res as pari of tr a deveilopmeril. llr a design of the dei elopmeni will riot conflict with any eiasemenis acquired by tr a rlublic at larges for access tr rough or use of property within the proposed developmeril. 3. llr ei lnaci miap will maintain 1hei existing 3 -cool vice pedestrian walkway easemienl at the east edge of thea silei. Finding: F. Mbt, auiL,l'ect tc thle detadea provisions cl Secticri 66474.4 cf the SuiL aivisicri Ml -p Actl1, if thle /arid is subl'ect to a ccriilre cil erule red ,into puusuiant 11c thb CalifornJe Land Conservaticri Act cl 1965 (Willliamscri Act), iltb resuihling parcels fc& Wing a suibaivisicn cl the land wcui/o riot be to C: amaY tc auistain ilhlek agricu ltural use or the subdivision wAl result in lEalGential develcpment iriciaeruleil to the ccmmercial agricultural uae of thle L-nc. Fact in Support of Rinding: The projectl sites does not contain prime iarmiland, uriigr. a farmhand, or farmhand of statewide im podarice and no portion of the Project site is covered by a Williamson Aci coniraci. Punt in G. M1 ell, in iltb case of a "�6-no prio,"ecf' es aefined .in Slecilion 11000.5 cf iltb Ca6fcrnia Business anc Prcfessicria Ccde: (a) thlere iii an aacptea sflecific plan fcr tele area to Le inciluided withlin thle land prcject; and (LI' the decialcri-making Llcdy finas iltbt ilfb propcseo land prcject is consisilent with/ ilfb sTlecihc pilari for thle area. Ract in Support of Rinding: California Business and Rrofessions Code Seiotion 1'1000.5 has beieiri repealed by thei Legislatures. However, chis pnojeict site isi nol considered a "land prcject' as preiviOL sly defined in Section 11000.5 of the California 81. sineiss and Rrofessions 16-200 Resolution Nc . 2016 - Rage 7 cf Code becaL se the projecit site does not cc ntain 50 c n me re parcels ci land nor is ii Icaated within the bCL ndaries ci a specific plan. Finc inn: H. 7Vat scllar access ane Tlassive bleating and ccoling cesign requiremernls blave Leen sailisf,iee in acccrdancie with Secilions 6647-.1 and 66475.3 of the Subdivision Marl Act. Fact in SIL ppc rl of Finding: The pnc pesec TentalK e Tract Marl anc imiprevem ents ane suk ject to Title 24 ci the California Building Ccce that requires riew cionstructicri lo rreet rrinirrum r eating and ccc ling efficiency standards depending cn Iecaiion and clirr ate. IR e Community Develc prr eni Department enforces lliile 24 cc rr pliance thrc L gh il' e Alan cir eck and inspection pnc cess. Finding: Tb1at the subldivision is ccnsistent vv,itbl Secticn 66412.3 of the Subdivision Marl Acil and Secticn 65.584 cf ilte Ca6fornia Gevernrrent Code regarding the City's share of thle regional hcusing need and thlail ,it blailances ffe hIc using neees cf the region againsil the Tlublk service needs cf the CNyl's residents and ava,Vablle fiscal and envirc nmenllail resc urces. Facit in SL ppor) of Finding: There ane rie existing dwelling units on the pnojecit site. Rather, the Flreposed prcject includes tre ccristrLcticn of 35 new cencemiriium units is acccmmodate the City's porlulaiion needs, and the 35 additicnal L nits were abcve the General Rlan limits, prior to its amendmerii is r this prc.jeict sites. The applicant will be respc nsik lei fc n the paym eint of appropriates fair shares, San oagc in Mianspc nation Corridor, park, and deveilopmeirit agneeimeirii feieis for thea develcrlment of these new dwelling L nits as conditicris of apprc%al. Finding: That the o,iscblarge of waslle frorr the prcTlosed subldiv,isien intc llble a>usting sewer system w,Ul not resuhl in a violation of existing red ukE rr ents p1rescrublee tly the Regic nal Water C ua lillyl Cc ntrc l Bc aro. Facis in Support of Finding: A Natic nal Pc Ilutant Discharge Blirr inatic ri Slysierr (n RDESI; permit is regc ireid frc rr the Regional Water C L ality Cc ntrc I Board (RWC CIB; is r the pnc peseid 16-201 Resolution No. 2016 - Rage 8 of construction activities. A perry it is required for all consinLcition aciiviiies It all include clearing, grading, and/or excavation that disturb at least one acme of 11o11al land area. Additionally, a Water Qualify Mariagerrierii Rlan (JWG N R) has been prepared, punsL ant 110 the nequiremeriis of It a NPDB.SI permit. 2. Compliance wish the NPDB.SI permit and the Santa Aria River Basin Water C i alilly Control Rrognarri involves the preparation and implemeniaiion of a S" RRR ion cionstruction-related acitiviiies, whict "OLId specify the Best N anzigemient Practices iJaN R's) that the project would be reqs ired 110 implement during cionstruction activities lo ensu re that all poieritial pollutants of concern ilincluding sedimient) are prevented, minimized, and/or otherwise appropriately treated prior 110 being disci- arged from the SL bjeci properly. 3. Sewer connections F ave been conditioned 110 be installed pen CHH Staridands, the applicable pro�isioris of NBMC Chapller 14.24 il.lewer Connection, Rermits), and tt a laie.ii revision of It e Uniform Rlumbing Code. 4. There is adequate sewer system capacity to serve ire nequiremerills of the proposed project. 11t a proposed pnojecrr is able to tie in110 the e> isting sewer systerni without adversely affecting ire sysllerni, ciausing any water gLaliiy affects, on violating existing requinerrienis prescmibed t y the Regional Water C ualilly Control Board. Waste% all erinomi the project will be generalled by resideriiial bLilc- ooi. There will be a reduction in wastewater from the site with the demioliiion of the existing car wast and construction of the proposed c welling L nits (Refer lo Finding G-4,. 5. Secition 14.24.0 10 ilDwelling L nit and Business Structure Sewer Connection Required', requires each dwelling unit lo miairillain individual water mieier anc sewer corineciions. The project has received a waiver of 11his requirement from the N L nicipal C perations Director since it a units are located in orae bL ilding and will together connect to the existing water and sewer systemis. Finc ing: K. Fc/ subdiv�is,ions lylivg suba,ivisk n ccr, fc rms applicat4e, wkth public Coastal Act. Fact in Support of Finding: p an ly c r whl odyl MthM Me Cc asila�l Zc ne, Mall llhle wkhl thl E cien ifie d Lc cal Cc asilail Prc gram ar, d, whlE re access ar d recreall,ion policies of Chlap ile r 7Y*ee cl lltle The project site is not located within It a Coasial Gone. NOW, ThBRERCRE, the City Council of the City of Newport Beacr resolves as follows: 16-202 Resolution No. 20'16 - Page 9 of lection 1: The City Council has considers c ire recorr rr endation of the Planning Commission anc has delerrr ins d that rr odificalions proposec by It e Clity Council, if any, are not rr ajor changes that requiue referral batik to the Rlanning Cc rr rr issic n fc r its recc rr rr endation. cleclion 2: The City Cocncil of the City cf Newpert Beach hereby approves Tentative - luact Marl No. h 112015-003, as sell forth in Bxl- ibit "B", sut ject to the conditians of approval set forft in Exhibit "A." EI& exhibits are attached hereto and inccrpc rated herein by ueference. Seclion 3: The recitals puovided in this uesclution are 111L a and cc rrect anc aue iriccrpc rated inlc the c pe ualive part of this resolution. Secl ion 4: If any section, sL bse ctic ri, sentence, claL se cr phrase of this rest lution is, for any reason, hs ld tc be invalid cr L ncc rislitt licnal, such decision sr all not affect the vatic ity or constitutionality oil the rerraining porticns of this resolution. llre Cily Cclncil herety declaues that it would have passec this resolution, and each sec9ion, subsection, serilence, clause cr phuase herecf, irrespective of the fact that any c ne or rric ne sectic ris, subseclicns, sentences, clauses or pr rases be declared invalid ou uriccnstitutional. Secticin 5: CALIFCRNIA BNVIRCNMENTAL CLALI-111YACT DBTERMINATICN. The '150 Newpori Ce ricer Final Environme rilal Irr pact Report (SCF- N c. 2016011032) was prepared fcr the prcject in ccmpliance with CBCA, the Slale CIRCA G uic elines, anc City Cc L ncil Pc licy K-3. B y Re solution No. 2016-_, tr e City Counail, having final approval authority oven the rlrcjecl, adopted and ceriifiec as complete and adequate lre '150 Newpori Center Final Brivircrirrental Impact Report (SCH2O1601'1032; anc ac optec "Mitigation Monitoring and Reporting Rroguarr ." Re solL lion Nc . 20'16-_ is herety iriccrperated by reference. Section 6: 111' is re solutic n shall tal,a effect immediately upon the effective date Of City CCL ncil C rdinance Nc. 2(116-_ appncving coning Code Arrienc rrient IN c. 2014- 008 and adopting Rlanned Community Development Rlan No. RC20'14-004 aric ll' a City Clle 0 shall certify the vote adc pting the resolution. 16-203 Resolution No. 2016 - ADOPTED this 271h day of September, 2016. Diane B. Nixon Mayor ATTEST: Leilani I. Brown City Clerk. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Exhibit A: Conditions of Approval Exhibit B: Tract Map Page 10 of 16-204 Resolution No. 2016 - Page 11 of EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) 1. A Tract Map shall be recorded. The Map shall be prepared on the California coordinate system (NAVD88). Prior to the recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital -graphical 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 Sub article 18. The Map submitted to the City of Newport Beach shall comply with the City's CADD standards. Scanned images will not be accepted. 2. Prior to the recordation of the Tract 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 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, sub article 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 the construction project. 3. Applicant shall establish survey points within the public right-of-way along the project frontages of Anacapa Drive and Newport Center Drive East to monitor movement of City facilities (utilities, sidewalk, street, etc.) due to the construction of the proposed project. Any damage to said City facilities shall be repaired at the project's sole expense. 4. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council. 5. Prior to Final Map approval, the applicant shall provide a Faithful Performance Bond and a Labor and Materials Bond, each for 100 percent of the estimated public improvements. An engineer's cost estimate shall be prepared by a Registered Civil Engineer and approved by the Public Works Director. 6. Tentative Tract Map No. 17915 shall expire 24 months from the date of approval pursuant to NBMC Chapter 19.16.010, unless an extension is otherwise granted by the City for the period of time provided for in the Development Agreement pursuant to the provisions of California Government Code Section 66452.6(a). 16-205 Resolution No. 2016 - Page 12 of 7. Prior to recordation of the tract map, Park Fees shall be paid for the 35 new dwelling units (currently $26,125.00 per unit) in accordance with City Council Resolution No. 2007-30. 8. City Council approval of Tentative Tract Map No. 17915 is in conjunction with its approval of Development Agreement No. DA2012-003 for the same project (the "DA'). Pursuant to Sections 2.2 and 2.4 of the DA and the terms used therein that are defined in Section 1 of the DA, the "Term" of the DA becomes effective on the "Effective Date" of the DA. Tentative Tract Map No. 17915 and the DA comprise parts of a single integrated action and are not severable from one another. Accordingly, notwithstanding any other provision set forth in Tentative Tract Map No. 17915 to the contrary, in no event shall the owner, lessee, or other occupant or any person or entity holding any interest in the subject property acquire any right to develop or use the subject property as authorized or provided herein unless and until the Effective Date in the DA occurs and the Term of the DA commences. In the event the DA is terminated for any reason before the Effective Date of the DA occurs, including without limitation as a result of the mutual termination of the DA by the Parties thereto, the occurrence of an uncured material default under the DA by either Party and a termination of the DA by the non -defaulting Party, or the failure of the Effective Date of the DA to occur prior to the deadline set forth in the DA, as said deadline may be extended by mutual agreement of the Parties to the DA, then in such event Tentative Tract Map No. 17915 automatically shall become null and void and of no further force or effect, without any need or requirement for the City to schedule any public hearings or take any affirmative action or actions to revoke or rescind the same. 9. A 5 -foot wide pedestrian access easement shall be maintained at the southerly property line. Permanent structures shall not be permitted within this 5 -foot area. 10. Prior to the issuance of building permits, the modular wetland unit for storm water treatment shown on Sheet 2.0 of the project plans shall be relocated so that it is outside of the 5 -foot pedestrian easement at the southern edge of the subject property. 11. The 3 -foot wide pedestrian access easement shall be maintained at the easterly property line. Permanent structures shall not be permitted within this 3 -foot area. 12. No permanent structural encroachments (i.e. tie -backs, caissons, retaining walls, etc.) within the public right-of-way will be permitted unless otherwise approved by the City Council. 13. Removable temporary tie -backs (only the detached rod -end may remain) will be permitted only if the entire removable temporary tie -back is located a minimum of 20 feet deep (measured from shallowest point) and does not project past the curb face along Newport Center Drive east and Anacapa Drive. 16-206 Resolution No. 2016 - Page 13 of 14. The parking garage layout and internal circulation shall comply with City Standard STD -805 -L-A and STD -805 -L -B. 15. The driveway approach and sidewalk within the public right-of-way and easement areas shall be installed and constructed per City Standard. 16. The two new driveways along Anacapa Drive shall be installed per City Standard STD -160 -L-A or STD- 161-L or per the waiver of Council Policy Driveway L-2. 17. Prior to the issuance of building permits, the project plans shall be modified to reflect a stop sign at the internal circulation drive -aisle of Block 100 to ensure that vehicles traveling east bound can adequately see vehicles exiting the residential parking structure. 18. Prior to final building permits, the applicant shall reconstruct the curb, gutter, and sidewalk per City Standards along the entire project frontages of Newport Center Drive East and Anacapa Drive. 19. Prior to final building permits, the applicant shall install an ADA compliant curb ramp at the southerly driveway and Anacapa Drive. 20. Anacapa Drive and Newport Center Drive East area on the City's street -cut moratorium list. Trenching/damage to said street will require extensive street repair per City Standard STD -105 -L -F. 21. In case of damage done to public improvements surrounding the development site by the private construction, said damage shall be repaired and/or additional reconstruction within the public right-of-way shall be required at the discretion of the Public Works Inspector. 22. All improvements shall comply with the City's sight distance standard STD -110-L. 23. The direct access from the valeUdrop-off/pick-up area to the garage shall be one- way inbound to the garage only and the maximum width shall be 18 feet wide. 24. Ingress and egress access shall be maintained along the southerly access drive from Anacapa Drive. Open access over the south driveway shall be maintained at all times during the construction process. 25. Moving vehicle and parcel delivery shall occur at the main building entry off Anacapa Drive. 26. Trash truck service shall occur at the south driveway and shall not block passing vehicles or access to the residential garage. A minimum width of 12 feet shall be 16-207 Resolution No. 2016 - Page 14 of maintained for passing vehicles at the south driveway. Trash truck service shall occur outside of AM peak hours (7:30 a.m. to 9:00 a.m.) and PM peak hours (5:00 p. m. to 7:00 p. m.). 27. Should reclaimed water infrastructure be constructed along Newport Center Drive, the site's existing potable irrigation system shall be converted and connected to reclaimed water infrastructure within one year of its availability. 28. All on-site drainage shall comply with the latest City water quality requirements. 29. 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. 30. During the construction process, truck hauling shall be prohibited during the PM peak hour after 4:00 p.m. 31. Prior to commencement of demolition and grading of the project, 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. 32. Prior to commencement of demolition and grading of the project, an adequate off-site employee parking arrangement shall be finalized. 33. Any lane closures shall be subject to the discretion of the Public Works Department and require a separate Temporary Street and Sidewalk Closure Permit. Lane closures shall not occur during the holiday season (Thanksgiving through New Year's Day). 34. During construction activities, the project applicant shall allow representatives of cultural organizations, including Native American tribes (i.e., Gabrieleno Band of Mission Indians), to access the project site on a volunteer basis to monitor grading and excavation activities. 35. County Sanitation District fees shall be paid prior to the issuance of any building permits. 16-208 Resolution No. 2016 - Page 15 of EXHIBIT "B" TRACT MAP 16-209 Attachment H Draft Ordinance approving the Development Agreement 16-211 ORDINANCE NC. 2016 - AN ORDINANCE OF 11HE CITY! COUNCIL] OF THE CITY! OF NEWPC R-1 BEACH, CIAL]IFC RNIA, AP PRC VIIN G DEVIELC WEN 11 AGREEMENT N C. DA2014-0(12 FC R A 35 - UNIT MIJI]lll-FAMILY RESIDENTIAL DEVELORMENII L]OCAIIED AT 150 N EW BORT CIENIIER DRIVE I1RA2014- 213) WHEREASI, an application was filed by Newporl Anacapa Associates, LLCI, with reispecit io puoperty Iocalled at '190 New Rorl Ce vier Drive, anc legally c escribed as Rarciel 1 of Parcel Map No. 29-34 (Re9L bdivision No. 282; being a portion of Blocik 93 of Irvine's subs ivision as per rriap recouded in Book 1, Page 88 of Misciellaneous Record Maps, recouds of Orange Couniy, California; WHEREAS, tt ei priojecll includes the demolition of an e) isiing 8,500-squauei-foot car -wast, conveniences market, and gas station lo acicammodate the development of a 5- s11ory, 35 -unit resiceintial condominium building wi11t two le�eils of subteuiiianean parking. Tt ei applicant requests following approvals fuom the City of Neiwport Beiact QCity:: 41 General Rlan Am enc ment (GRA) - to chanclei 11t ei land uses category from CO- R (Recliorial Commerciial Cffice; to RM IlMulti-Uni11 Residerillial) anc esllablist an anorr aly 1111- ble LU2; designation fou 35 dwelling units. 41 Zcningl Coc a Amend rrient -110 at ange the Zoning Districll designation from OR (Cffice Regional Comme rciial) to RC -56 11h orth N ewporl Center Rlanned Comml. nity ❑isliflat) over the eiriiire site. 41 Plannec Community) Develc pment Plan - lo amend 11-e PC -56 ilNorth Newport CElrlie r Rlanned Comms nity; lo incorporalle 11t a prioject as a porlioin cf the Block 100 sL b-areia aric apprcivei 35 residential condomiiniL m unills with a maxims m height of 52.5 feet for the subject property. 41 Site Develc pment Review - toi allow the ccinsiructiciri cf 35 multi -family dweillirig u ni11 s. 41 Tentative )bast Map - to esllablist a 35 -unit resit ential ciondciminium tract on a 1.3 acre si11e. 41 Develc pment Agreement - to esiablist a prciclosed deve Iopmenll agreement that would provides public beriefiis shciuld the project be apprcivec . 41 Envirc nmental Impact Repc r1 (EIR; - lo adc ress reasonably fore seeablei erivircinmeriial impaclls resulting frcrn the legislalKe and prcjecrr specific discireiioinaryl approvals, the City t as c edlerriinec that an Inillial .Iiuc y and Environmental Impacll Report (EIR) are warranted for this projecll pursuant to the California Enviucirimiental C L ality Acit IICECA). 41 Revcke Lse Permit No. UP1461 — ue�ocallicin of tte Lse permit to ellow the operation of a car wast on-site; WHEREAS, al the lime of application, the subject prciperly was located wiitin the OR ilCffice Regional Commercial' Zoning District and it a General Plan Lanc L sei Ele nEnt category is CO -R (IRegional Comimerciial Cffice); 16-212 Ordinance N c. 20'16 - Page 2 of W H SREAS, It a SL bject properly is no11 Ic called witt in tt a coastal zone; W H BREA S1, a study sessic ri was held cn June 23, 20'16, in the Ccunail Chambers Iccaied al '100 CKia Center Drive, Newpert Beach tc intrcdi ce tt a prcjecll tc the Planning Cc mimission and ue� iew tt a conclL sic ns cf the drafil Ell H. Nc actic ri was taken al tt a stL dy sessic ri; WH ERBASI, a public t eanirig was t eld on , my 21, 2016, in the Council Chamibers Iccaied al 100 Clivic Center Drive, Newpert Beach. A notice cf iimie, place and purpcse cf tt a public hearing was given in accordarice with tt a Newpc ri Beaclt ML nicipal Clcde (NBMC;. Evidence, bott written and cral, was presented tc, and considered by, the Planning Clommissicn all this publio hearing. The item was ccriiinued tc the AugLsi 18, 2016, Rlarining Ccmmissicn Meeting; WHERBASI, a pl-blic hearing was held cn August '18, 2016, in the Council Chambers Iccaied al '100 Civic Center ❑rive, Newport Beaat. A notice cf time, place and PL rpcse of it e PL blic hearing was given in accordance with the N BMC. EvidencE, bott wniitEri and oral, was preseriied to, and ccrisidered by, the Rlanning Ccmimissicri at it is pLblic hearing. The demi was rE-ricticEd fcu 1e rleptErriber 1, 2016, Rlanning Comimiission Meeting; WHERBASI, a public hearing was held on SEpiemiber 1, 2016, in the Ccuricil CtarribEns Iccaied at '100 Civic Center Drive, Newport BEacL A notice cf tirriE, place and PL rpcse cf it a PL blic hEaring was given in acccrdancE with the N BMC. EvidencE, both wuiitE ri and oral, was presented to, and considered by, the Rlanning Cc mimiissic ri at it is PL blic tearing; WHERBASI, a pi blic t eadrig was held cn SEFIIE miber 27, 20'16, in the Clcuncil Ct ambers Ic caied at '100 Civia Center Drive, NewFlorl BEact . A notice cf tirriE, place and pi rpcse cf tt a public hEaring was given in accordance with the N BMC. Evidence, t cth wriiteri and oral, was puesented to, and considered ty, ite City Ccuncil at ihis public hearing; WHBRBASI, the Ciiy Council adopted City Council ResolLiicn No. 2016-_ apprc ving G enE ual Plan AmendmE rill N c. GR2014-003 changing it e C eneral Rlan land use dEsignaticn of 150 Newport Cenier Drive ircmi CC -R ilREgicrial ClcmmErcial Office) tc ML Itiple-L nit Residential (RM, 35 du) and establishing an anc mialy jablE LL 2) designatic ri is r 35 dwellirig units; WHBRBASI, it e City Cc L ncil adopted C rdinancE Nc . 20'16-_ is change the Zcning District designation fnc mi OR JjCffiae Regional Corr imiercial; tc RC -56 (Nc dh N ewpc ri Cerner Planned COmltTll nity District; cvE a tt a entirE site and amending tt a RC -56 (Norah Newport Center Rlanned Comim1.nity) is incorpc rate the prcjeci as a portion cf the 16-213 C rdirianaei � o. 2016 - Page 3 of 81ock 100 sub-areia and appro%a 135 residential condorriiniL mi L nits with a miaximumi height of 52.5 feiet for ihei sc bje(it properly; WHEREAS, a deveiloprrieini agreeirrieni is reiqueisteid by ire applicant as 1hei project wocld add new residential dwellirig cnits within Statistical Area L'I Ql\ewport Ceiriier' . Thei DEIN elopmeini Agreeimient includes all tr ei mandatory eleirrients for considemaiion and public beiriefits that area appropriates io support conveying the veisteid deivelopirrient rigr is cionsisteini wit ire General Plan, N BMC Cr apteir 15.45, and Government Code 8leiciions 65864 et seq; W H BREAS, thea proposed projeict is consistent with the goals and poliaieis of the Newport Beach Geineral Plan. llhei Ciiy Council cioncurs with the concilusion of the consistency analysis of the proposed projeici with theses goals and policieis provided in 1 ei 150 Newport Cleinieir Final EIR Ijc-:ICH No. 20160110132); and WHEREAS, 1 ei DeveilopmEni Agreierrieini includes all thea mandatory eileimients for consideration and pL blic benefits that are appropriates io support conveying the vested deveilopmient rights consistent wish the Geneuial Plan, � BMC Cr apteir 15.45, and Government Code lection 65867.5. NOW, THORERCRO, 1hei City CCLncil cf irei City of Newport Beach ordains as follows: Seclion 1: lllhei City Council has ccrisideireid the reiciorrirrieindaticn of the Planning Commission and has determined that modifications is the prcject miadei by the Ciiy CCL ncil, ii any, arei nct major changes that reigL irei releirral back to the Rlanning Comimissic n fc r cc nsideration and recommeindation. Section 2: llhei City Cc L ncil of 1hei City cf Newpert Beacir hemeiby approvers De%eilcpmieint Agreemient Nc. DA20'14-002, as seat forar iri Exhibit "A," which is atlacihed heireitc and incorplorated herein by reierence. Section 3: The reiciiials provided in this ordinance area truei and correct and area incorporated info the opeirative part of this ordiriancier Section 4: If any seiciion, sL bsecition, seinteinciei, clauses cu pr rases of tris ordinance is, for any reason, r eld to be invalid c r uncionstitutic real, SL ch decision shall not affeict 1hei vatic ity or constitutionality of thei reimiaining portions of this ordinance. lllhei City Cc L ncil heireiby declares that it would have passed this c rc inance, and ouch section, subsection, sentences, clause or phrases heireci, irrespective of the fact chat any orae or mere sections, subsections, sentences, claLseis or phrases be declared invalid c r uriccnsiiiuiional; 16-214 Ordinance No. 2016 - Page 4 of Slecticin 5: 1111-e 150 Newpori Cenier Final Brivirorimenial Impaci Report (SCIH No. 2016011032) was prepared for the project in compliance with CBQA, the Sliaie CECA Guidelines, and City COLncil Roliay K-3. By Resolution No. 2016-_, il-e City Coy ncil, ha%ing final approval aL tr orHy oven tr a project, adopted and certified as complete anc adequate the 150 Newport Center Final Brivirorimenial Impact Report ilSICH2O1601'1032; and ac oplec "Mitigation Moriitonirig and Reporting Program." Resolution No. 2016-_ is r ereby incorporatec by neferenae. Slecticin 6: 111-e Mayor sl• all sign and tl• a City Cllenk sl• all attest to the passage of this ordirianoe. IR e City Clerk sl• all cause the orc inance, or a summaryl thereof, to be publisr ed PL rsuani to City Charier Section 414. 11his ordinance was irilnoduoed at a regular meeting of 11' e City Coy ncil of the Clity of Newporl Beach r elc on the 27'h day of September 2016, anc adopted on tl• a 1'I th day of Cctober, 2016, by the following vote, to -wit: AYaSI, COUNCILMEMBERS NC aSI, COUN CILMEMBERS, DIANE 8. DIXC N, MAYOR A1111E ST: LEILANI I. 8RC W N , CITY CLERK 16-215 Ordinance No. 2016 - Page 5 of APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORN Exhibit A: Development Agreement 16-216 Ordinance No. 2016 - Page 6 of 1W:4.u: 3v>w_m DEVELOPMENT AGREEMENT 16-217 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk (Space Above This Line Is for Recorder's Use Only) This Agreement is recorded at the request and for the benefit of the City of Newport Beach and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383. DEVELOPMENT AGREEMENT NO. DA2014-02 between CITY OF NEWPORT BEACH and NEWPORT CENTER ANACAPA ASSOCIATES, LLC, a California limited liability company CONCERNING 150 NEWPORT CENTER 112/066751-0108 9650722.2 a09/20/16 16-218 TABLE OF CONTENTS Page 1. Definitions............................................................................................................................3 2. General Provisions...............................................................................................................7 2.1 Plan Consistency, Zoning Implementation..............................................................7 2.2 Binding Effect of Agreement...................................................................................7 2.3 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement...................................7 2.4 Term.........................................................................................................................8 3. Public Benefits.....................................................................................................................8 3.1 Public Benefit Fee....................................................................................................8 4. Development of Project.....................................................................................................10 4.1 Applicable Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals...............................................................................................................10 4.2 No Conflicting Enactments....................................................................................11 4.3 Reservations of Authority......................................................................................11 4.4 Tentative Subdivision Maps..................................................................................13 5. Amendment or Cancellation of Agreement.......................................................................13 6. Enforcement.......................................................................................................................14 7. Annual Review of Developer's Compliance With Agreement..........................................14 7.1 General...................................................................................................................14 7.2 Developer Obligation to Demonstrate Good Faith Compliance ............................14 7.3 Procedure...............................................................................................................14 7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default..................................................................................14 8. Events of Default...............................................................................................................15 8.1 General Provisions.................................................................................................15 8.2 Default by Developer.............................................................................................15 8.3 City's Option to Terminate Agreement.................................................................15 8.4 Default by City.......................................................................................................15 8.5 Waiver....................................................................................................................16 8.6 Specific Performance Remedy...............................................................................16 8.7 Monetary Damages................................................................................................16 8.8 Additional City Remedy for Developer's Default.................................................16 112/066751-0108 9650722.2 a09/20/16 1 16-219 TABLE OF CONTENTS Page 112/066751-0108 9650722.2 a09/20/16 11 16-220 8.9 No Personal Liability of City Officials, Employees, or Agents ............................17 8.10 Recovery of Legal Expenses by Prevailing Party in Any Action ..........................17 9. Force Majeure....................................................................................................................17 10. Indemnity Obligations of Developer.................................................................................17 10.1 Indemnity Arising From Acts or Omissions of Developer....................................17 10.2 Third Party Litigation............................................................................................18 10.3 Environmental Indemnity......................................................................................18 11. Assignment........................................................................................................................18 12. Mortgagee Rights...............................................................................................................20 12.1 Encumbrances on Property....................................................................................20 12.2 Mortgagee Protection.............................................................................................20 12.3 Mortgagee Not Obligated......................................................................................20 12.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure...............................20 13. Miscellaneous Terms.........................................................................................................21 13.1 Notices...................................................................................................................21 13.2 Project as Private Undertaking...............................................................................21 13.3 Cooperation............................................................................................................22 13.4 Estoppel Certificates..............................................................................................22 13.5 Rules of Construction............................................................................................22 13.6 Time Is of the Essence...........................................................................................22 13.7 Waiver....................................................................................................................22 13.8 Counterparts...........................................................................................................23 13.9 Entire Agreement...................................................................................................23 13.10 Severability............................................................................................................23 13.11 Construction...........................................................................................................23 13.12 Successors and Assigns; Constructive Notice and Acceptance .............................23 13.13 No Third Party Beneficiaries.................................................................................24 13.14 Applicable Law and Venue....................................................................................24 13.15 Section Headings...................................................................................................24 13.16 Incorporation of Recitals and Exhibits..................................................................24 13.17 Recordation............................................................................................................25 112/066751-0108 9650722.2 a09/20/16 11 16-220 DEVELOPMENT AGREEMENT (Pursuant to California Government Code sections 65864-65869.5) This DEVELOPMENT AGREEMENT (the "Agreement") is dated for reference purposes as of the day of , 2016, and is being entered into by and between the CITY OF NEWPORT BEACH ("City") and NEWPORT CENTER ANACAPA ASSOCIATES, LLC, a California limited liability company ("Developer"). City and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Part " —X• RECITALS A. As of the "Agreement Date" (defined below) Developer holds fee title to that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as 150 Newport Center, located at 150 Newport Center Drive, Newport Beach, CA 92660-6906 (APN # 442-231-12), bounded by Newport Center Drive on the north, Anacapa Drive on the east, the existing Gateway Plaza office complex on the south, and a parking lot that services the existing Corporate Plaza office park on the west (the "Property"). Accordingly, Developer has an equitable interest in the Property and City and Developer are authorized to enter into this Agreement pursuant to Government Code Section 65865(a) and City Municipal Code Section 15.45.030. The Property is more particularly described in the legal description attached hereto as Exhibit A and is depicted on the site map attached hereto as Exhibit B. B. In order to encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects in order to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land use policies, rules, and regulations, the California Legislature adopted California Government Code sections 65864-65869.5 (the "Development Agreement Statute") authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction. C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled "Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements" (the "Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. D. Developer has agreed to pay a public benefit fee to City in the sum of Sixty -Seven Thousand Dollars ($67,000) per residential dwelling unit developed as part of the "Project" (as defined herein), including an annual adjustment to the public benefit fee based on the Consumer Price Index ("CPI"). City has determined that Developer's payment of this public benefit fee provides a significant public benefit to City and constitutes adequate consideration for City's entering into and performing its obligations set forth in this Agreement. E. The following land use entitlements for the Project are being adopted and approved by the City Council concurrently with its approval of this Agreement: 112/066751-0108 9650722.2 a09/20/16 -1- 16-221 General Plan Amendment No. GP2014-003 proposes to change the existing land use designation for the Property from "Regional Commercial Office (CO -R)" to "Multiple Unit Residential (RM)." This application also designates an anomaly for the site, adding 35 units to Statistical Area L I. Zoning Code Amendment No. CA2014-008 proposes to change the zoning designations for the Property from Office Regional Commercial (OR) to PC -56 (North Newport Center Planned Community District) over the Property. Planned Community Development Plan No. PC2014-004 proposes to amend the PC -56 (North Newport Center Planned Community) to incorporate the project as a portion of the Block 100 sub -area and approve 35 residential condominium units with a maximum height of 52.5 feet for the subject property plus an additional 6 feet for mechanical equipment. Site Development Review No. 502014-006 is requested pursuant to Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code because the Project involves a tentative map and proposes more than five dwelling units. Site development review would allow the construction of 49 multi -family dwelling units. Tentative Tract Map No. 17555 (NT2015-003) proposes to establish a 35 -unit residential condominium tract on the Property. Development Agreement No. DA2014-002. Final Environmental Impact Report No. ER2015-002 (SCH#2016011032), including the Mitigation Monitoring and Reporting Program prepared and approved in conjunction therewith. F. This Agreement and the Project are consistent with the City of Newport Beach General Plan, as amended by the City Council prior to or concurrently with its approval of this Agreement in order to establish appropriate zoning to regulate land use and development of the Property consistent with the General Plan. G. In recognition of the significant public benefits that this Agreement provides, the City Council has found that this Agreement: (i) is consistent with the City of Newport Beach General Plan; (ii) is in the best interests of the health, safety, and general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, City's police power; (iv) is consistent with the provisions of the California Environmental Quality Act ("CEQA"), including all criteria, standards and procedures of CEQA and the CEQA Guidelines requiring the preparation of an Initial Study and an Environmental Impact Report that has been approved by the City Council, all of which analyze the environmental effects of the proposed development of the Project on the Property, and all of the findings, conditions of approval and mitigation measures related thereto; and (v) has been approved consistent with provisions of California Government Code section 65867 and City of Newport Beach Municipal Code chapter 15.45. H. On , 2016, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. 112/066751-0108 9650722.2 a09/20/16 -2- 16-222 I. On , 2016, the City Council also held a public hearing on this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Developer, and members of the public. On , 2016, consistent with applicable provisions of the Development Agreement Statute and Development Agreement Ordinance, the City Council adopted its Ordinance No. (the "Adopting Ordinance"), finding this Agreement to be consistent with the City of Newport Beach General Plan in approving this Agreement. AGREEMENT NOW, THEREFORE, City and Developer agree as follows: 1. Definitions. In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below: "Action" shall have the meaning ascribed in Section 8.10 of this Agreement. "Adopting Ordinance" shall mean City Council Ordinance No. approving and adopting this Agreement. "Agreement" shall mean this Development Agreement No. DA2014-002, as the same may be amended from time to time. "Agreement Date" shall mean the date this Agreement is recorded in the Office of the Orange County Recorder. "CEQA" shall mean the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, section 15000 et seq.), as the same may be amended from time to time. "City" shall mean the City of Newport Beach, a California charter city, and any successor or assignee of the rights and obligations of the City of Newport Beach hereunder. "City Council" shall mean the governing body of City. "City's Affiliated Parties" shall have the meaning ascribed in Section 10.1 of this Agreement. "Claim" shall have the meaning ascribed in Section 10.1 of this Agreement. "CPI Index" shall mean the Consumer Price Index published from time to time by the United States Department of Labor for all urban consumers (all items) for the smallest geographic area that includes the City or, if such index is discontinued, such other similar index as may be publicly available that is selected by City in its reasonable discretion. "Cure Period" shall have the meaning ascribed in Section 8.1 of this Agreement. 112/066751-0108 9650722.2 a09/20/16 -3- 16-223 "Default" shall have the meaning ascribed to that term in Section 8.1 of this Agreement. "Develop" or "Development" shall mean to improve or the improvement of the Property for the purpose of completing the structures, improvements, and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of landscaping. The terms "Develop" and "Development," as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof. "Developer" shall mean Newport Center Anacapa Associates, LLC, a California limited liability company, and any successor or assignee to all or any portion of the right, title, and interest of Newport Center Anacapa Associates, LLC, in and to ownership of all or a portion of the Property. "Development Agreement Ordinance" shall mean Chapter 15.45 of the City of Newport Beach Municipal Code. "Development Agreement Statute" shall mean California Government Code sections 65864-65869.5, inclusive. "Development Exactions" shall mean any requirement of City in connection with or pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of development of the Project on the environment or other public interests. "Development Plan" shall mean all of the land use entitlements, approvals and permits approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) General Plan Amendment No. GP2014-003; (3) Zoning Code Amendment No. CA20 14-008; (4) Planned Community Development Plan No. PC2014- 004; (5) Site Development Review No. 502014-006; (6) Tentative Tract Map No. NT2015-003; (7) Final Environmental Impact Report No. ER2015-002 for the Project, including the Mitigation Monitoring and Reporting Program approved in conjunction therewith; and (8) all conditions of approval and all mitigation -measures approved for the Project on or before the Agreement Date. "Development Regulations" shall mean the following regulations as they are in effect as of the date of the Adopting Ordinance and to the extent they govern or regulate the development of the Property, but excluding any amendment or modification to the Development Regulations adopted, approved, or imposed after the date of the Adopting Ordinance that impairs or restricts Developer's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Developer in writing: the General Plan; the Development Plan; and, to the extent not expressly superseded by the Development Plan or this Agreement, all other land use and subdivision regulations governing the permitted 112/066751-0108 9650722.2 a09/20/16 -4- 16-224 uses, density and intensity of use, design, improvement, and construction standards and specifications, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 of the Municipal Code (buildings and construction), Title 19 of the Municipal Code (subdivisions and inclusionary housing), and Title 20 of the Municipal Code (planning, zoning and density bonus), but specifically excluding all other sections of the Municipal Code, including without limitation Title 5 of the Municipal Code (business licenses and regulations). Notwithstanding the foregoing, the term "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rule, regulation or official policy governing any of the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or (v) the exercise of the power of eminent domain. "Effective Date" shall mean the latest of all of the following occurring, as applicable: (i) the date that is thirty (30) days after the date of the Adopting Ordinance; (ii) if a referendum concerning the Adopting Ordinance or any of the Development Regulations approved on or before the date of the Adopting Ordinance is timely qualified for the ballot and a referendum election is held concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and such Development Regulations and becomes effective, if applicable; and (iii) if a lawsuit is timely filed challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations approved on or before the date of the Adopting Ordinance, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, and/or the applicable Development Regulations, whether such finality is achieved by a final non -appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement agreement. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date. Notwithstanding any other provision set forth in this Agreement to the contrary, however, in the event that for any reason the Effective Date does not occur on or before the third (3rd) anniversary of the date on which the City Council adopts the Adopting Ordinance then City shall have the right, exercisable in its sole and absolute discretion, to rescind the Adopting Ordinance and terminate this Agreement, and in such event neither Party shall have any additional rights or obligations hereunder after the effective date of such action(s). "EIR" shall mean Final Environmental Impact Report No. ER2015-002 (including the Mitigation Monitoring and Reporting Program) prepared for the Project and certified as fully compliant with the CEQA and the CEQA Guidelines by the City Council. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the date of the Adopting Ordinance, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of any Hazardous Substances, including without limitation the following: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 112/066751-0108 9650722.2 a09/20/16 -5- 16-225 Sections 9601, et SeMc ., as amended ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et SeMc ., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et seq., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et SeMc ., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et SeMc ., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et se ., as amended; the Federal Radon and Indoor Air Quality Research Act, 42 U.S.C. Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seq. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76, excluding any amendment after the Effective Date that impairs or restricts Developer's rights set forth in this Agreement, unless such amendment is expressly authorized by this Agreement, is authorized by Sections 8 or 9, or is specifically agreed to by Developer. The Land Use Plan of the Land Use Element of the General Plan was approved by City voters in a general election on November 7, 2006. "Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law. "Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee. "Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement. "Party" or "Parties" shall mean either City or Developer or both, as determined by the context. "Project" shall mean all on-site and off-site improvements that Developer is authorized and/or required to construct with respect to each parcel of the Property, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and applicable law. "Propertf' is described in Exhibit A and depicted on Exhibit B. "Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement. 112/066751-0108 9650722.2 a09/20/16 In 16-226 "Subsequent Development Approvals" shall mean all discretionary development and building approvals that Developer is required to obtain to Develop the Project on and with respect to the Property after the date of the Adopting Ordinance consistent with the Development Regulations and this Agreement, with the understanding that except as expressly set forth herein City shall not have the right subsequent to the Effective Date and during the Term of this Agreement to adopt or impose requirements for any such Subsequent Development Approvals that do not exist as of the Agreement Date. "Term" shall have the meaning ascribed in Section 2.4 of this Agreement. "Termination Date" shall have the meaning ascribed in Section 2.4 of this Agreement. "Transfer" shall have the meaning ascribed in Section 11 of this Agreement. 2. General Provisions. 2.1 Plan Consistency, Zoning Implementation. This Agreement and the Development Regulations applicable to the Property will cause City's zoning and other land use regulations for the Property to be consistent with the General Plan. 2.2 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of this Agreement. 2.3 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement. Developer and each person executing this Agreement on behalf of Developer hereby represents and warrants to City as follows: (i) that Developer has an option to purchase the fee simple title to the Property and will be the owner of fee simple title to the Property as of the Effective Date; (ii) if Developer or any co-owner comprising Developer is a legal entity that such entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Developer or any co-owner comprising Developer is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iv) that all actions required to be taken by all persons and entities comprising Developer to enter into this Agreement have been taken and that Developer has the legal authority to enter into this Agreement; (v) that Developer's entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Developer or any person or entity comprising Developer has to any third party; (vi) that neither Developer nor any co-owner comprising Developer is the subject of any voluntary or involuntary bankruptcy or insolvency petition; and (vii) that Developer has no actual knowledge of any pending or threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i) -(vi), inclusive, or affecting Developer's authority or ability to enter into or perform any of its obligations set forth in this Agreement. 112/066751-0108 9650722.2 a09/20/16 -7- 16-227 2.4 Term. The term of this Agreement (the "Term") shall commence on the Effective Date and shall terminate on the "Termination Date." Notwithstanding any other provision set forth in this Agreement to the contrary, if either Party reasonably determines that the Effective Date of this Agreement will not occur because (i) the Adopting Ordinance or any of the Development Regulations approved on or before the date of the Adopting Ordinance for the Project has/have been disapproved by City's voters at a referendum election or (ii) a final non -appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project approved on or before the date of the Adopting Ordinance such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in whole or in such a substantial part that the judgment substantially impairs such Party's rights or substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a written notice of termination to the other Party, in which event neither Party shall have any further rights or obligations hereunder except that Developer's indemnity obligations set forth in Article 10 shall remain in full force and effect and shall be enforceable, and the Development Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall similarly be null and void at such time. The Termination Date shall be the earliest of the following dates: (i) the tenth (10th) anniversary of the Effective Date; (ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the terms of this Agreement, including Developer's complete satisfaction, performance, and payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication. Notwithstanding any other provision set forth in this Agreement to the contrary, the provisions set forth in Article 10 and Section 13.10 (as well as any other Developer obligations set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement. 3. Public Benefits. 3.1 Public Benefit Fee. As consideration for City's approval and performance of its obligations set forth in this Agreement, Developer shall pay to City a fee that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject (herein, the "Public Benefit Fee") in the sum of Sixty -Seven Thousand Dollars ($67,000) per residential dwelling unit developed as part of the Project. Developer shall pay the Public Benefit Fee at the time the City issues the certificate of occupancy for the Project. 112/066751-0108 9650722.2 a09/20/16 -g- 16-228 The amount of the Public Benefit Fee shall be increased based upon percentage increases in the CPI Index. The first CPI adjustment to the Public Benefit Fee shall occur on the third anniversary of the City Council's adoption of the Adopting Ordinance (the first "Adjustment Date") and subsequent CPI adjustments shall occur on each anniversary of the first Adjustment Date thereafter until expiration of the Term of this Agreement (each, an "Adjustment Date"). The amount of the CPI adjustment on the first Adjustment Date shall be the percentage increase in the CPI Index between the second anniversary of the City Council's adoption of the Adopting Ordinance and the third anniversary of the City Council's adoption of the Adopting Ordinance. The amount of the CPI adjustment on each subsequent Adjustment Date shall be the percentage increase between said Adjustment Date and the immediately preceding Adjustment Date. The amount of the percentage increase in the CPI Index on the applicable Adjustment Dates shall in each instance be calculated based on the then most recently available CPI Index figures such that, for example, if the first Adjustment Date occurs on September 1, 2019, and the most recently available CPI Index figure on that date is the CPI Index for July 2019 (2 months prior to the first Adjustment Date), the percentage increase in the CPI Index on the first Adjustment Date shall be calculated by comparing the CPI Index for July 2018 with the CPI Index for July 2019. In no event, however, shall application of the CPI Index on any Adjustment Date reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to that Adjustment Date. Notwithstanding any other provision set forth in this Agreement to the contrary, during the Term of this Agreement City shall not increase the Public Benefit Fee except pursuant to the CPI Index as stated in this Section 3.1. Developer acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee, that its obligation to pay the Public Benefit Fee is an essential term of this Agreement and is not severable from City's obligations and Developer's vesting rights to be acquired hereunder, and that Developer expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of such fee on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Developer's Default, if Developer, including any Permitted Transferee, shall fail to timely pay any portion of the Public Benefit Fee when due City shall have the right to (i) withhold issuance of the occupancy permit and any other building, inspection, or development permit or approval for the unit(s) for which the Public Benefit Fee remains unpaid or (ii) withhold issuance of building, occupancy, and other building or development permits for any other portion of the Project that at that time is under common ownership with Developer or Permitted Transferee, as applicable. City shall have the right to spend the Public Benefit Fee on any public purpose that City determines to be in the public interest, as designated by City in its sole and absolute discretion. The Public Benefit Fee is not intended to constitute a Development Exaction, is in addition to the Development Exactions applicable to the Project, and is not subject to restrictions on the use of various forms of Development Exactions. 112/066751-0108 9650722.2 a09/20/16 -9- 16-229 4. Development of Project. 4.1 Applicable Regulations; Developer's Vested Rights and City's Reservation of Discretion With Respect to Subsequent Development Approvals. Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein is intended to limit or restrict City's discretion with respect to (i) review and approval requirements contained in the Development Regulations, (ii) exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for Development of the Project as of the Effective Date, or (iv) any environmental approvals that may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions referred to in clauses (i) -(iv) of this sentence, City reserves its full discretion to the same extent City would have such discretion in the absence of this Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to vest Developer's rights with respect to any laws, regulations, rules, or official policies of any other governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the provisions set forth in this Agreement, and regardless of whether such overriding or superseding laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the date of the Adopting Ordinance. Developer has expended and will continue to expend substantial amounts of time and money planning and preparing for Development of the Project. Developer represents and City acknowledges that Developer would not make these expenditures without this Agreement, and that Developer is and will be making these expenditures in reasonable reliance upon its vested rights to Develop the Project as set forth in this Agreement. Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, provided that the request does not propose an increase in the maximum density, intensity, height, or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic and, in addition, Developer may apply to City for approval of minor amendments to existing tentative tract maps, tentative parcel maps, or associated conditions of approval, consistent with City of Newport Beach Municipal Code section 19.12.090. This Agreement does not constitute a promise or commitment by City to approve any such permit or approval, or to approve the same with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement. 112/066751-0108 9650722.2 a09/20/16 -10- 16-230 4.2 No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in this Agreement, during the Term of this Agreement City shall not apply to the Project or the Property any ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Effective Date to the extent it conflicts with this Agreement. This Section 4.2 shall not restrict City's ability to enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to California Government Code Section 65866 consistent with the procedures specified in Section 4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city's growth control ordinance even though the city and construction company had entered into a consent judgment (tantamount to a contract under California law) establishing the company's vested rights to develop its property consistent with the zoning. The California Supreme Court reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Developer shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Developer deems appropriate within the exercise of Developer's sole subjective business judgment, provided that such Development occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City's electorate of an initiative to the contrary after the Effective Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Developer's vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement. 4.3 Reservations of Authori Notwithstanding any other provision set forth in this Agreement to the contrary, the laws, rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the Development of the Project on and with respect to the Property. 4.3.1 Procedural Regulations. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall apply to the Property, provided that such procedural regulations are adopted and applied City-wide or to all other properties similarly situated in City. 4.3.2 Processing and Permit Fees. City shall have the right to charge and Developer shall be required to pay all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required Subsequent Development Approvals, building permits, excavation and grading permits, encroachment permits, and the like, for performing necessary studies and reports in connection therewith, inspecting the work constructed or installed by or on behalf of Owner, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due. 112/066751-0108 9650722.2 a09/20/16 -1 1- 16-231 4.3.3 Consistent Future City Regulations. City ordinances, resolutions, regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Developer has consented in writing to the regulations, shall apply to the Property. 4.3.4 Development Exactions Applicable to Property. During the Term of this Agreement, Developer shall be required to satisfy and pay all Development Exactions at the time performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence of this Agreement. In addition, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are not included within the definition of "Development Exactions") in the full amount that would apply in the absence of this Agreement: (i) City's normal fees for processing, environmental assessment and review, tentative tract and parcel map review, plan checking, site review and approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City's costs associated with processing, reviewing, and inspecting project applications, plans, and specifications; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City collects those fees and charges; or (iii) community facility district special taxes or special district assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, and the Property Development Tax payable under Section 3.12 of City's Municipal Code. 4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Developer's vested rights set forth in this Agreement shall apply to the Property, together with any City ordinances, resolutions, regulations, and official policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Developer does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or regulation that prevents or precludes compliance with any provision of this Agreement, City or Developer shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter City and Developer shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of Developer as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Developer at no cost to City in resolving the conflict in a manner which minimizes any financial impact of the conflict upon Developer. City also agrees to process in a prompt manner Developer's proposed changes to the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement. 4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation, program, or official policy that is necessary to protect persons on the Property or in the 112/066751-0108 9650722.2 a09/20/16 -12- 16-232 immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer's vested rights under this Agreement. 4.3.7 Uniform Building Standards. Existing and future building and building - related standards set forth in the uniform codes adopted and amended by City from time to time, including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the Property to the same extent that the same would apply in the absence of this Agreement. 4.3.8 Public Works Improvements. To the extent Developer constructs or installs any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City's issuance of a permit, license, or other authorization for construction or installation of same shall apply. 4.3.9 No Guarantee or Reservation of Utilily Capacity. Notwithstanding any other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to limit or restrict Development of the Project if and to the extent that City reasonably determines that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that City undertakes to provide such services to other similarly situated new developments in the City of Newport Beach as and when service connections are provided and service commences). 4.4 Tentative Subdivision Maps City agrees that Developer may file and process new and existing vesting tentative maps for the Property consistent with California Government Code sections 66498.1-66498.9 and City of Newport Beach Municipal Code Chapter 19.20. Pursuant to the applicable provision of the California Subdivision Map Act (California Government Code section 66452.6(a)), the life of any tentative subdivision map approved for the Property, whether designated a "vesting tentative map" or otherwise, shall be extended for the Term of this Agreement. 5. Amendment or Cancellation of Agreement. Other than modifications of this Agreement under Section 8.3 of this Agreement, this Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code section 65868 and City of Newport Beach Municipal Code section 15.45.060 or by unilateral termination by City in the event of an uncured default of Developer. 112/066751-0108 9650722.2 a09/20/16 -13 - 16-233 6. Enforcement. Unless this Agreement is amended, canceled, modified, or suspended as authorized herein or pursuant to California Government Code section 65869.5, this Agreement shall be enforceable by either Party despite any change in any applicable general or specific plan, zoning, subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City's electorate) that purports to apply to any or all of the Property. 7. Annual Review of Developer's Compliance With Agreement. 7.1 General. City shall review this Agreement once during every twelve (12) month period following the Effective Date for compliance with the terms of this Agreement as provided in Government Code section 65865.1. Developer (including any successor to the owner executing this Agreement on or before the date of the Adopting Ordinance) shall pay City a reasonable fee in an amount City may reasonably establish from time to time to cover the actual and necessary costs for the annual review. City's failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City. 7.2 Developer Obligation to Demonstrate Good Faith Compliance. During each annual review by City, Developer is required to demonstrate good faith compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) days prior to each anniversary of the Effective Date during the Term. 7.3 Procedure. The City Council of City shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Developer has, for the period under review, complied with the terms of this Agreement. If the City Council finds that Developer has so complied, the annual review shall be concluded. If the City Council finds, on the basis of substantial evidence, that Developer has not so complied, written notice shall be sent to Developer by first class mail of the City Council's finding of non-compliance, and Developer shall be given at least ten (10) days to cure any noncompliance that relates to the payment of money and thirty (30) days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) days for reasons which are beyond the control of Developer, Developer must commence the cure within such thirty (30) days and diligently pursue such cure to completion. If Developer fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below. 7.4 Annual Review a Non -Exclusive Means for Determining and Requiring Cure of Developer's Default. The annual review procedures set forth in this Article 7 shall not be the exclusive means for City to identify a Default by Developer or limit City's rights or remedies for any such Default. 112/066751-0108 9650722.2 a09/20/16 -14- 16-234 8. Events of Default. 8.1 General Provisions. In the event of any material default, breach, or violation of the terms of this Agreement ("Default"), the Party alleging a Default shall have the right to deliver a written notice (each, a "Notice of Default") to the defaulting Party. The Notice of Default shall specify the nature of the alleged Default and a reasonable manner and sufficient period of time (ten (10) days if the Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) days in the event of non -monetary Defaults) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed not to exist. If a non -monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as quickly as possible, and in no event later than thirty (30) days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. 8.2 Default by Developer. If Developer is alleged to have committed a non -monetary Default and it disputes the claimed Default, it may make a written request for an appeal hearing before the City Council within ten (10) days of receiving the Notice of Default, and a public hearing shall be scheduled at the next available City Council meeting to consider Developer's appeal of the Notice of Default. Failure to appeal a Notice of Default to the City Council within the ten (10) day period shall waive any right to a hearing on the claimed Default. If Developer's appeal of the Notice of Default is timely and in good faith but after a public hearing of Developer's appeal the City Council concludes that Developer is in Default as alleged in the Notice of Default, the accrual date for commencement of the thirty (30) day Cure Period provided in Section 8.1 shall be extended until the City Council's denial of Developer's appeal is communicated to Developer. 8.3 City's ption to Terminate Agreement. In the event of an alleged Developer Default, City may not terminate this Agreement without first delivering a written Notice of Default and providing Developer with the opportunity to cure the Default within the Cure Period, as provided in Section 8. 1, and complying with Section 8.2 if Developer timely appeals any Notice of Default with respect to a non -monetary Default. A termination of this Agreement by City shall be valid only if good cause exists and is supported by evidence presented to the City Council at or in connection with a duly noticed public hearing to establish the existence of a Default. The validity of any termination may be judicially challenged by Developer. Any such judicial challenge must be brought within sixty (60)mslo calendar days of service on Developer, by first class mail, postage prepaid, of written notice of termination by City or a written notice of City's determination of an appeal of the Notice of Default as provided in Section 8.2. 8.4 Default by City. If Developer alleges a City Default and alleges that the City has not cured the Default within the Cure Period, Developer may pursue any equitable remedy available to it under this 112/066751-0108 9650722.2 a09/20/16 -15- 16-235 Agreement, including, without limitation, an action for a writ of mandamus, injunctive relief, or specific performance of City's obligations set forth in this Agreement. Upon a City Default, any resulting delays in Developer's performance hereunder shall neither be a Developer Default nor constitute grounds for termination or cancellation of this Agreement by City and shall, at Developer's option (and provided Developer delivers written notice to City within thirty (30) days of the commencement of the alleged City Default), extend the Term for a period equal to the length of the delay. 8.5 Waiver. Failure or delay by either Party in delivering a Notice of Default shall not waive that Party's right to deliver a future Notice of Default of the same or any other Default. 8.6 Specific Performance Remedy Due to the size, nature, and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Agreement has begun. After such implementation, both Developer and City may be foreclosed from other choices they may have had to plan for the development of the Property, to utilize the Property or provide for other benefits and alternatives. Developer and City have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement. It is not possible to determine the sum of money which would adequately compensate Developer or City for such efforts. For the above reasons, City and Developer agree that damages would not be an adequate remedy if either City or Developer fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is necessary to compensate Developer if City fails to carry out its obligations under this Agreement or to compensate City if Developer falls to carry out its obligations under this Agreement. 8.7 Monetary Damages. The Parties agree that monetary damages shall not be an available remedy for either Party for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit Fees due from Developer as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict 'Developer's indemnity obligations set forth in Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in Section 8.10. 8.8 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 112/066751-0108 9650722.2 a09/20/16 -16- 16-236 8.9 No Personal Liability, o�y Officials, Employees, or A eg nts. No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement. 8.10 Recovery of Legal Expenses by Prevailing Part. inAAU Action. In any judicial proceeding, arbitration, or mediation (collectively, an "Action") between the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement, the prevailing Party shall recover all of its actual and reasonable costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure section 1033.5 or California Civil Code section 1717 in the absence of this Agreement. These costs and expenses include court costs, expert witness fees, attorneys' fees, and costs of investigation and preparation before initiation of the Action. The right to recover these costs and expenses shall accrue upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. 9. Force Majeure. Neither Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Developer's obligation to pay Public Benefit Fees, be extended pursuant to this Section. 10. Indemnity Obligations of Developer. 10.1 Indemni . Arising From Acts or Omissions of Developer. Except to the extent caused by the intentional misconduct or gross active negligence of City or one or more of City's officials, employees, agents, attorneys, and contractors (collectively, the "City's Affiliated Parties") , Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to reasonable attorneys' fees and costs) (collectively, a "Claim") that may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer's agents, contractors, subcontractors, agents, or employees in the course of Development of the Project or any other activities of Developer relating to the Property or pursuant to this Agreement. City shall have the right to select and retain counsel to defend any Claim filed against City and/or any of City's Affiliated Parties, and Developer shall pay the reasonable cost for defense of any Claim. The indemnity provisions in this Section 10.1 shall commence on the date of the Adopting Ordinance, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 112/066751-0108 9650722.2 a09/20/16 -17- 16-237 10.2 Third Part.atm In addition to its indemnity obligations set forth in Section 10.1, Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any Claim against City or City's Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for the Project (including without limitation any actions taken pursuant to CEQA with respect thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant to this Agreement. Said indemnity obligation shall include payment of reasonable attorney's fees, expert witness fees, and court costs. City shall promptly notify Developer of any such Claim and City shall cooperate with Developer in the defense of such Claim. If City fails to promptly notify Developer of such Claim, Developer shall not be responsible to indemnify, defend, and hold City harmless from such Claim until Developer is so notified and if City fails to cooperate in the defense of a Claim Developer shall not be responsible to defend, indemnify, and hold harmless City during the period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled to retain separate counsel to represent City against the Claim and the City's defense costs for its separate counsel shall be included in Developer's indemnity obligation, provided that such counsel shall reasonably cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer. In the event either City or Developer recovers any attorney's fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Developer shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.2 shall commence on the date of the Adopting Ordinance, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.3 EnvironmentalIndemnity. In addition to its indemnity obligations set forth in Section 10.1, from and after the Effective Date Developer shall indemnify, defend, and hold harmless City and City's Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever, including without limitation reasonable attorney's fees, expert witness fees, and costs, based upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling, transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area disturbed, graded, or developed by Developer in connection with Developer's Development of the Project. The indemnity provisions in this Section 10.3 shall commence on the Effective Date occurs, and shall survive the Termination Date. 11. Assignment. Developer shall have the right to sell, transfer, or assign (hereinafter, collectively, a "Transfer") Developer's interest in or fee title to the Property, in whole or in part, to a Permitted Transferee (which successor, as of the effective date of the Transfer, shall become the "Developer" under this Agreement) at any time from the date of the Adopting Ordinance until the Termination Date; provided, however, that no such Transfer shall violate the provisions of 112/066751-0108 9650722.2 a09/20/16 -18- 16-238 the Subdivision Map Act (Government Code Section 66410 et seq.) or City's local subdivision ordinance and any such transfer shall include the assignment and assumption of Developer's rights, duties, and obligations set forth in or arising under this Agreement as to the Property or the portion thereof so Transferred and shall be made in strict compliance with the following conditions precedent: (i) no transfer or assignment of any of Developer's rights or interest under this Agreement shall be made unless made together with the Transfer of all or a part of Developer's interest in the Property; and (ii) prior to the effective date of any proposed Transfer, Developer (as transferor) shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Developer and in a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to which the transferring Developer assigns to the successor Developer and the successor Developer assumes from the transferring Developer all of the rights and obligations of the transferring Developer with respect to the Property, or interest in the Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the obligation to perform such obligations that must be performed outside of the Property so Transferred that are a condition precedent to the successor Developer's right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Developer with respect to the balance of the Property. Notwithstanding any Transfer, the transferring Developer shall continue to be jointly and severally liable to City, together with the successor Developer, to perform all of the transferred obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Developer shall be automatically released from any and all obligations with respect to the portion of the Property so Transferred: (i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Developer is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the transferring Developer has provided City with the notice and the fully executed written and recordable assignment and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv) the successor Developer either (A) provides City with substitute security equivalent to any security previously provided by the transferring Developer to City to secure performance of the successor Developer's obligations hereunder with respect to the Property, or interest in the Property, or the portion of the Property so Transferred or (B) if the transferred obligation in question is not a secured obligation, the successor Developer either provides security reasonably satisfactory to City or otherwise demonstrates to City's reasonable satisfaction that the successor Developer has the financial resources or commitments available to perform the transferred obligation at the time and in the manner required under this Agreement and the Development Regulations for the Project. 112/066751-0108 9650722.2 a09/20/16 -19- 16-239 12. Mortgagee Rights. 12.1 Encumbrances on Property. The Parties agree that this Agreement shall not prevent or limit Developer in any manner from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project. 12.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 12.3 Mortgagee Not Obligated. Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Developer or other affirmative covenants of Developer, or to guarantee this performance except that: (i) the Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City's performance. 12.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of. (i) the results of the periodic review of compliance specified in Article 7 of this Agreement, and (ii) any default by Developer of its obligations set forth in this Agreement. Each Mortgagee shall have a further right, but not an obligation, to cure the Default within thirty (30) days after receiving a Notice of Default with respect to a monetary Default and within sixty (60) days after receiving a Notice of Default with respect to a non -monetary Default. If the Mortgagee can only remedy or cure a non -monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure the non -monetary Default within sixty (60) days after obtaining possession and, except in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the sixty (60) -day period. In the case of a non -monetary Default that cannot with diligence be remedied or cured within sixty (60) days, the Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default, provided the Mortgagee promptly commences to cure the non -monetary Default within sixty (60) days and diligently prosecutes the cure to completion. 112/066751-0108 9650722.2 a09/20/16 -20- 16-240 13. Miscellaneous Terms. 13.1 Notices. Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited in the United States mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: TO CITY: City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attn: City Manager With a copy to: City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 TO DEVELOPER: Newport Center Anacapa Associates, LLC 901 Dove Street, Suite 270 Newport Beach, CA 92660 Attn: Ronald E. Soderling With a copy to: O'Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92602 Attn: Dennis D. O'Neil, Esq. Either Party may change the address stated in this Section 13.1 by delivering notice to the other Party in the manner provided in this Section 13. 1, and thereafter notices to such Party shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of. (i) the date received or (iii) three business days after deposit in the mail as provided above. 13.2 Project as Private Undertaking_. The Development of the Project is a private undertaking. Neither Party is acting as the agent of the other in any respect, and each Party is an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner of the property. 112/066751-0108 9650722.2 a09/20/16 -21- 16-241 13.3 Cooperation. Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 13.4 Estoppel Certificates. At any time, either Party may deliver written notice to the other Party requesting that that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect and is binding on the Party; (ii) this Agreement has not been amended or modified either orally or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is not the case, then the other Party shall describe the nature and amount of the actual or prospective Default. Such estoppel certificates may be relied upon only by the Parties, their respective successors and assigns, and, in the event of an estoppel certificate issued by City, a Mortgagee of Developer, including a Permitted Transferee, and its actual or prospective Mortgagee. City shall be entitled to payment/reimbursement for its actual and reasonable costs of investigation and preparation of an estoppel certificate prior to issuing the same. The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) days following receipt (assuming, in the case of an estoppel certificate to be issued by City, Developer has paid City the cost thereof, as provided above). 13.5 Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; and "may" is permissive. 13.6 Time Is of the Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 13.7 Waiver. The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party's right to demand strict compliance by the other Party in the future. 112/066751-0108 9650722.2 a09/20/16 -22- 16-242 13.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same agreement. 13.9 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter addressed in this Agreement. 13.10 Severability. The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is the intention of the Parties that the remainder of this Agreement or the application of the provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that neither Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Developer shall not receive any of the benefits of this Agreement if any of Developer's obligations are rendered void or unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Developer shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Developer's obligations under this Agreement. The provisions of this Section 13.10 shall apply regardless of whether the Effective Date occurs and after the Termination Date. 13.11 Construction. This Agreement has been drafted after extensive negotiation and revision. Both City and Developer are sophisticated parties who were represented by independent counsel throughout the negotiations or City and Developer had the opportunity to be so represented and voluntarily chose to not be so represented. City and Developer each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this Agreement in favor of or against either Party. 13.12 Successors and Assigns; Constructive Notice and Acceptance. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each 112/066751-0108 9650722.2 a09/20/16 -23- 16-243 successor in interest during its ownership of the Property or any portion thereof. Every person or entity who now or later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 13.12 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of whether such person or entity has expressly entered into an assignment and assumption agreement as provided for in Section 11. 13.13 No Third Party Beneficiaries. The only Parties to this Agreement are City and Developer. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit or be enforceable by any other person or entity. 13.14 Applicable Law and Venue. This Agreement shall be construed and enforced consistent with the internal laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court. 13.15 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this Agreement. 13.16 Incorporation of Recitals and Exhibits. All of the Recitals are incorporated into this Agreement by this reference. Exhibits A and B are attached to this Agreement and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B Depiction of the Property 112/066751-0108 9650722.2 a09/20/16 -24- 16-244 13.17 Recordation. The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not modify or amend the Effective Date or the Termination Date. 112/066751-0108 9650722.2 a09/20/16 [Signature page follows] -25- 16-245 ATTEST: Leilam I. Brown, City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney 112/066751-0108 9650722.2 a09/20/16 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" NEWPORT CENTER ANACAPA ASSOCIATES, LLC, a California limited liability company an Ronald E. Soderling, its Manager "CITY" CITY OF NEWPORT BEACH Diane B. Dixon, Mayor -26- 16-246 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 112/066751-0108 9650722.2 a09/20/16 -2%- 16-247 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 29, PAGE 34, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER PARCEL A, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 76 PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED FEBRUARY 20, 1992, AS INSTRUMENT NO. 92-099183, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED FEBRUARY 20, 1992, AS INSTRUMENT NO. 92-099183, OF OFFICIAL RECORDS. APN: 442-231-12 112/066751-0108 9650722.2 a09/20/16 A-1 16-248 RECUJRE0 PFIf,PER'TY sF �F.= I. pE 9t 7LL4G{ I EVMME 4: FCIGrPRP+T —� I " I I Y I I� EXHIBIT B DEPICTION OF PROPERTY I , P I _ in II NI Y. _ I I II ' N II YI I I I I I ��— IrSF�rNI P.MTFff-V LIIT L1FnS'Pf .-:.Er v c. I I I I Ir I »eieP"cR �IKw I'wxYJia� IJ1E TORTE{ H9RE I I SEFEACK 9V 494r 4 — EkISTllo+s T:9EfVAUH " r 45i:1Fr—WFM 5I �I �I Y f I'� �I I_� ftT`iC2pC17Tl 4.IH! 1 �rt }fII IN �I n 3, 7-Lmn$G4pfti ft Y1tR LL 112/066751-0108 9650722.2 a09/20/16 If fArRRA%0Fl A7M7 7r.07 �i 16-249 PROJECT SUMMARY TOTAL PROPOSED GROSS FLOOR AWK- RESIDEN- AL 131,878 SF (2-41 x LOT AREA) MULTI -STORY PROJECT PROJECT DESCRIPTION DWELLING UNITS! 2 Beccom 5 Units THE PROJECT OF (1) MULT-FORY RESIDENTIAL BU LD N'12. 3 Bedroom 30 Units TOW 35 Unds 5 STORIES OF RES DEN- AL 21 LEVELS OF UNDER,' ;ROUND PARKING BUILDIWO SHALL BE COMPLE-EY SPRINKLER --D. DPIEN SPACEj REQUIRED BU ILDING CODE: CAL FORMA BU LD N '12 C -IDE 21DI 3 COMMON OPEN SPACE 75 SFAJNIT 3.375 SF OCCUPANCY TYPE: R-2 PR VA—E OPEN SPACE 30 SF PER 1,350 SF BUILDING TYPE OF CONSTRUCTION: EACH UNIT TOTAL RE 0 1.11 RED 4,725 SIF _E -A - F - LLY S:IRINKLERCED GOVERN NG AGENCY: PRrmnFF) COMMON GJTDOOR OPEN SPACE 8,351 SIF C T'-1 OF NEWPCIRT BEol.11'- LOT COVERAGE: COMM -ON INDOOR OPEN SPACE PR V OPEN SPACE 3,472 SF 11.9638F LO- AREA (pdar to 54,686 SF L' 0- AREA 17 L"N" T 'N", TX) C E TOTAL PROVIDED A786SF i -.f er all cations plus setbacks): 47,592 SF BJ LC ' ' D -E AREA: 47,592 SF BUILCIN3 FDOTPRIN- 30,115 SF SETaACKS: PRMIDED LOT :,,A -3:-:- 55%, ABOVE PODIUM BELOW PODIUM ANACAPA FRONT A.'v E 22.5 FT 15 FT BU ILC IN3 CE::ARTMEN GROSS FLOOR AREA: ' 7 FLOOR AREA, 30,115 SF NEWPORT CENTER DR - 24 F- 15 FT . - -C F -'-DR AREA: _`"C 27,815 SF WESTERN PIRTY LINE - 111. F- 0 FT C F -C AREA - 27,8 i;�z 3F SOUTHE-3N PRTY LINE - Z F- FT 'NOTE ARChITECTJPA- PRa. K -X, WT PL-OfOED TC ATNF -CCR AREA: 277,815 SF 2 — STHCC F R AREA: 113,317 SF Y' 7.) SETBACK A?EPS TOTAL 131,878 SF GRC S S F -C DR AREA: 131.878 SF PA. R ', I N 3' GARAGE -3 B k 87,298 SF P R C, E CT SA -E,-.9 LE .4 z:Ek 100,514 SF PARP3NG: REQUIRE- E.Zk,- AL 70 STALLS 18 STALLS PROV DIED R2;3 E::'.- AL 70 STALLS VISITOR 18 STALLS 112/066751-0108 9650722.2 a09/20/16 #157783 Q 10218.2 B- B -2 16-250 Attachment I Planning Commission Staff Report July 21, 2016 16-251 CITY OF NEWPORT BEACH PLANNING COMMISSIONSTAFF REPORT July 21, 2016 Meeting Agenda Item 3 SUBJECT: 150 Newport Center Residential Project (PA2014-213) 150 Newport Center Drive ■ General Plan Amendment No. GP2014-003 ■ Code Amendment No. CA2014-008 ■ Planned Community Development Plan No. PC2014-004 • Site Development Review No. SD2014-006, ■ Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) ■ Development Agreement No. DA2014-002 ■ Environmental Impact Report No. ER2015-002 APPLICANT/OWNER: Newport Center Anacapa Associates, LLC PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the development of a 6 -story 45 - unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests the following approvals: General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 45 dwelling units. Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) over the entire site. Planned Community Development Plan - to establish a planned community development plan (PC) over the entire project site that includes development and design standards for 45 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height limit of 65 feet 6 inches with mechanical appurtenances up to 69 feet 6 inches is requested. Site Development Review - to allow the construction of 45 multi -family dwelling units. Tentative Tract Map - to establish a 45 -unit residential condominium tract on a 1.3 acre site. Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. 16-252 150 Newport Center Planning Commission, July 21, 2016 Page 2 Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION 1) Conduct a public hearing; 2) Discuss the proposed residential land use, relevant General Plan Policies, Planned Community waiver of the 10 -acre minimum, and project height. Planning staff believes the proposed residential land use and Planned Community waiver of the 10 -acre minimum are appropriate for this location. A reduced project height is recommended at 55 feet to the top of roof (61 -ft with appurtenances); and 3) Continue the item to the August 4, 2016, Planning Commission Meeting for further discussion. INTRODUCTION Analysis of the proposed project is considered in three segments: A) land use amendments, which include the General Plan, Zoning, and Planned Community Development Plan, including the establishment of the 150 Newport Center Planned Community; B) a waiver of the Planned Community 10 -acre minimum; and C) proposed project height. A discussion of project specific considerations including compliance with the California Environmental Quality Act (CEQA), Site Development Review, and Tentative Tract Map will be provided for the August 4, 2016, Planning Commission Meeting. DISCUSSION Existing Land Use/Setting 150 Newport Center Drive is located within the Newport Center area, presently occupied by a car wash with an ancillary service station and convenience market. The Property consists of a single parcel, which is 54,716 square feet (1.3 acres) and an ingress/egress access easement to the south of the Property. The Property is currently developed with an 8,500 -square -foot car wash with ancillary convenience market and service station. On August 6, 1970, the Planning Commission approved Use Permit No. UP1461 for the construction of an automatic car wash with gasoline sales. The General Plan land use designation for the property is CO -R (Regional Commercial Office), (8,500 square feet maximum under Anomaly No. 35) and is the subject of the 16-253 150 Newport Center Planning Commission, July 21, 2016 Page 3 proposed land use amendment to allow residential uses in the area. The existing CO -R land use designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service and entertainment uses. This land use designation is based on the existing car wash development, which is developed with an 8,500 -square -foot building. The site is located on the south side of Newport Center. To the north, across Newport Center Drive, is Fashion Island, a regional retail shopping center. Fashion Island restaurants, including Red -O and Fig & Olive, are located directly to the north across Newport Center Drive. To the east on the opposite side of Anacapa Drive (Block 200) are several office, retail, and service tenants. Edwards Big Newport Cinema and restaurants such as Muldoon's Irish Pub are directly across the street. To the south is an existing professional/medical office building located at 180 Newport Center Drive. To the west is Gateway Plaza which includes a series of six 2 -story office buildings. The Gateway Plaza development shares driveway access with the subject property, where 150 Newport Center has a nonexclusive ingress/egress over the entire Gateway Plaza property as part of their grant deed. Access to the project site primarily occurs at the driveway immediately to the south of 150 Newport Center Drive. Newport Center Background The City's General Plan, approved in 2006, describes the City's overall vision and what the community hopes to have achieved by 2025. The General Plan establishes goals, policies, and development limits. Increases in development intensity beyond these limits require a review and recommendation from the Planning Commission and City Council approval through a General Plan amendment. As described in the General Plan, "Newport Center is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and residential in a master planned mixed-use development. While master planned, the principal districts of Newport Center/Fashion Island are separated from one another by the primary arterial corridors. Fashion Island is developed around an internal pedestrian network and surrounded by parking lots, providing little or no connectivity to adjoining office, entertainment, or residential areas." Early in the 2006 General Plan Update Visioning process, a majority of residents and businesses supported little or no change to Newport Center, except for new hotels. However, some supported growth for existing companies, expansion of existing stores, and moderate increases for new businesses. Some participants favored mixed-use development and stressed the need for more affordable housing in particular. During development of the General Plan, public input reflected moderate to strong support for the expansion of retail and entertainment uses in Fashion Island, including the development of another retail anchor. Ultimately, the General Plan was approved by the voters with increases in development limits. 16-254 150 Newport Center Planning Commission, July 21, 2016 Page 4 Several transfers of development rights and Planned Community text amendments have been approved since the General Plan adoption in 2006. For example, one of these amendments and transfers incorporated Block 100 into the PC -56 (North Newport Center Planned Community) in 2009. At this time, the height limit for the interior portion of Block 100 was raised to 50 feet with an additional 10 feet for mechanical appurtenances. Measure Y was a proposed update to the City of Newport Beach General Plan Land Use Element, Glossary, and Implementation Program (Amendment) in 2014. The Amendment was intended to alter, intensify, and redistribute land uses in certain subareas of the City, including major areas such as Newport Center/Fashion Island, Newport Coast, and the area near John Wayne Airport. Measure Y also included Land Use Element Policy revisions related to land use changes in support of recent neighborhood revitalization efforts and other updates/refinements. Since the Amendment exceeded Charter Section 423 thresholds, the Land Use Element Amendment was placed on the ballot as Measure Y. On November 4, 2014, the voters denied Measure Y in a 30.8% yes to 60.2% no result. Remaining unbuilt development in Newport Center (Statistical Area 1-1) consists of five unbuilt dwelling units and 27 hotel rooms, which are previously entitled as part of the Newport Beach Country Club project (PA2008-152), and a minimal amount of nonresidential floor area. The proposed General Plan amendment would add 45 additional dwelling units to the General Plan within Statistical Area L1 and would result in an additional residential land use at the most southerly portion of Newport Center where the development pattern is currently dominated by commercial uses. Land Use Amendments Prior to considering project specific design, the Planning Commission should consider whether the project site is appropriate for residential development. Amendments to the General Plan Land Use Plan and Zoning Code as well as the establishment of a Planned Community Development Plan are legislative acts. Neither City nor State Planning Law sets forth required findings for approval or denial of such amendments. However, when making a recommendation to the City Council, the Planning Commission should consider applicable goals and policies to ensure internal consistency with the General Plan. The subsequent sections analyze consistency with the General Plan goals and policies, Charter Section 423, SB -18, and AB -52 (Tribal Consultation Guidelines), and the proposed Planned Community Development Plan. Proposed Land Use The applicant requests to amend the General Plan designation for the property at 150 Newport Center Drive from the existing OR (Office Regional Commercial) designation to a RM (Multiple Residential) designation, establishing an anomaly in Table LU2 of the General Plan for 45 additional dwelling units in Statistical Area L1 (Refer to Attachment No. PC 1 for an exhibit of the proposed land use change). The proposed RM land use 16-255 150 Newport Center Planning Commission, July 21, 2016 Page 5 designation is intended to provide primarily for multi -family residential development containing attached or detached dwelling units. The resulting density is approximately 35.7 dwelling units per acre. The applicant's goal of the proposed land use amendment is to create a residential community that supports the vibrancy of the existing retail and professional office uses in Newport Center. Land Use Goals and Policies The General Plan identifies Newport Center/Fashion Island as a sub -area that includes goals and policies specific to this area. Goal LU 6.14 of the General Plan states Newport Center is intended to provide: "A successful mixed-use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian -friendly environment. " The proposed land use amendment is in furtherance of this goal by providing additional opportunities for residents to live close to existing jobs, commerce, entertainment, and recreation in Newport Center. The property's location directly across the street from Fashion Island particularly lends itself towards this goal. Residential development at this location would provide a pedestrian -friendly environment by placing these uses within easy walking distance of each other. The proposed project would add residential units beyond the development limits specified in the current General Plan but would act in furtherance of the overall goal of Newport Center to provide opportunities for residents to live in proximity to existing commercial, retail, and recreational uses. However, the proposed project would provide high-end residential dwelling units that do not necessarily act in furtherance of feedback received during the General Plan Visioning process that stressed the need for affordable housing in particular. 16-256 150 Newport Center Planning Commission, July 21, 2016 Page 6 Figure 1. Newport Center Residential Development — a__ - big Existing Developments �Pu,w r- Off' ryY - a San Joaquin Hills 4pattments +► i/ 0 The ColonyApartmanls /I FJ _ sr� 0 The Meridian Q Sea Island Villa Paint a� 0 Granville Entitled Developments�_� r4 Q NB Cmntryr Club Bungalows p$ C, Proposed pevelaprraents a 150 Newport Center r'" 46624 snits CSC Museum House Ion •" � YA I ` ' T un '.� df, 32 unitao J ' as •'i2s �utnsi �. ,� f f 576 s, 45ugts, f y '1; +7 It Ylm O 1"T T m j \ jjf✓/ ff-11 IT) Fri j Figure 1 illustrates existing, newly developed/entitled, and proposed residential development in Newport Center Statistical Area L1. Since the 2006 General Plan Update was adopted, the economic market has experienced a strong market demand for new residential development in the Newport Center area, as evidenced by the development of the residential units authorized by the General Plan such as Meridian (79 du) and the San Joaquin Plaza Apartments (524 du also known as Villas at Fashion Island). 16-257 150 Newport Center Planning Commission, July 21, 2016 Page 7 General Plan Policy LU6.14.2 (Newport Center [MU -H3, CO -R, CO -M, and RM designations), states: "Provide for the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2." Currently, only five undeveloped residential units remain under the General Plan limits that are entitled as part of the Newport Beach Country Club project. Due to market demand, new discretionary applications have been submitted by private developers requesting additional residential development in Statistical Area L1 of Newport Center. These requests include the subject application requesting 45 dwelling units as well as a request for 100 additional dwelling units at the existing Orange County Museum site (Location 9 on Figure 1). Analysis of Proposed Land Use Staff considered the impact of the proposed land use change on the ability to maintain and continue to provide for appropriate commercial and service uses in the Newport Center and the broader community. The existing development pattern in Newport Center is currently dominated by commercial and retail service uses. The loss of the subject property to this current commercial supply would not necessarily cause undue harm to the Newport Center area. There are other existing and proposed car wash developments throughout the City that would continue to serve the need for this service. For example, the nearest drive-through car wash in Newport Center is located at the Chevron Service Station at the southeast corner of Jamboree Road and San Joaquin Hills Road, with a second proposed car wash at the existing Shell Service Station located at the northeast corner of the same intersection. The current commercial land use and zone for the property do not limit the development of the property to its current use as a car wash. However, the existing 8,500 -square -foot commercial development limit (0.16 FAR) under the General Plan is restrictive because it is based on the existing commercial development on the property. Concentrating development in existing developed areas provides more opportunities for people to live near places they work and thereby reduces impacts to traffic in the broader community. Impacts would be reduced by having a more intense stock of housing located closer to employment, commercial, and recreational opportunities. This also has other cumulative benefits and would lead to less pressure to extend new development into undeveloped areas, which would prevent sprawl, preserve open space, and prevent adverse impacts to sensitive habitats. Concentrating development in developed areas where it can be accommodated would maintain and enhance development patterns in other areas of the City. Additionally, the surrounding land uses should be considered. Residential and commercial uses within proximity of each other are a common development pattern throughout the City and typically operate in a compatible manner. Disclosures would be 16-258 150 Newport Center Planning Commission, July 21, 2016 Page 8 made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within Newport Center. Disclosures indicate that there is an expectation for lighting, odors, and similar occurrences in a mixed-use setting as compared to suburban residential areas. The goal laid out in the General Plan for Newport Center is to expand opportunities for residents to live close to jobs, commerce, entertainment and recreation, supported by a pedestrian -friendly environment. The proposed residential community would be consistent with this goal, by providing a residential use that creates a strong sense of place and connection to the surrounding resources in the Newport Center area. As a result, staff suggests that the proposed residential land use is appropriate for this location and the goals set forth for the greater context of the Newport Center area. Code Amendment/Planned Community -Waiver of Area Minimum The Property is currently within the OR (Office Regional Commercial) Zoning District. The purpose of the requested amendment is to establish a Planned Community (PC) Zoning District for the project site with site specific development standards and regulations. Refer to Attachment No. PC 2 for an exhibit of the proposed Zoning Map amendment. The establishment of a Planned Community Development Plan is regulated by Chapter 20.56 (Planned Community District Procedures). The project site is 1.26 acres in area. Section 20.56.020 (Area Requirements) of the Zoning Code identifies a minimum acreage requirement of 25 acres of unimproved land or 10 acres of improved land area for the establishment of a PC District. Under the provisions of this Section, the City Council may waive these minimum acreage requirements and establish the proposed PC. When considering a waiver of the minimum acreage to establish a PC, there are no required findings established in the Zoning Code. However, it is important to consider the purpose for PCs set forth in Section 20.56.010 (Purpose) of the Zoning Code to understand whether the proposed Planned Community is appropriate within the greater context of the community: A. "Classification and Development of Land. Provide for the classification and development of land as coordinated, comprehensive projects in order to take advantage of the superior environment resulting from large-scale community planning. " As discussed in the land use analysis, the proposed residential land use would fit the context and vision for the Newport Center community and specifically Goal LU6.14. The placement of residential units in proximity to existing commercial office, retail, and recreation uses minimizes sprawl, reduces traffic impacts, and locates housing near jobs in Newport Center. The proposed planned community land use has been considered in the context of surrounding land uses and development standards by 16-259 150 Newport Center Planning Commission, July 21, 2016 Page 9 coordinating a project as a component of the greater large-scale planning and vision already set forth by the General Plan and existing Zoning and Planned Communities in the Newport Center area. B. "Diversification of Uses. Allow diversification of uses as they relate to each other in a physical and environmental arrangement while ensuring substantial compliance with the spirit, intent, and provisions of this Zoning Code. " The proposed introduction of residential land uses provides a diversification of the existing land uses in the southern portion of Newport Center, which is predominantly professional office, retail, service, and restaurants. This would allow for integration of new housing near jobs and services. Unlike other residential development in Newport Center, this project would be adjacent to Fashion Island rather than on the periphery. Office, restaurants, and other uses would be accessible by a short walk. The specific development standards proposed under the Planned Community Development Plan (Attachment No. PC 3) ensure substantial compliance with the spirit, intent, and provisions set forth for the multiple unit residential land use provisions of the Zoning Code, while fitting the proposed project into the greater context and more urban development pattern already present in Newport Center. C. "Development Plan and Text Materials. Include various types of uses, consistent with the General Plan through the adoption of a development plan and text materials that identify land use relationships and associated development standards. (Ord. 2010-21 § 1 (Exh. A) (part), 2010). " While the proposed residential land use is solely residential, the Planned Community emphasizes the connection and integration of the residential land use and its relationship with surrounding commercial development. The development plan and standards identify specific project components that will improve these relationships, such as careful consideration of each property edge condition and improvement of the pedestrian experience along each of the street frontages. Properties to the east are located in the standard OR (Office Regional Commercial) Zoning District as well as the other three corners of Block 100. Incorporating the proposed project into the existing Newport Center Planned Community was considered. A large majority but not all of the Newport Center area falls under the single ownership of Irvine Company. These properties are encompassed within 170.3 acres that comprise the PC -56 (North Newport Center Planned Community) Zoning District. The North Newport Center Planned Community district is comprised of seven sub -areas that include Fashion Island, Block 600, Block 800, and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. Residential uses are included in this Planned Community and have been constructed as part of San Joaquin Plaza and portions of Block 800 (The Colony). 16-260 150 Newport Center Planning Commission, July 21, 2016 Page 10 After considering this possibility, staff rejected the option of incorporating the 150 Newport Center project into the PC -56 (North Newport Center Planned Community) Zoning District in favor of the opportunity to create more specific and clear development standards applicable to the proposed development. A separate set of development standards eliminates confusion between the other existing residential developments and creates a more enforceable and specific set of standards that are applicable to the project site. The greater context of the development pattern and development standards of the surrounding North Newport Center Planned Community were carefully considered in the drafting of the proposed 150 Newport Center Planned Community. For example, density, height and open space standards are generally consistent with the residential areas of North Newport Center. The North Newport Center standards were reviewed as examples for the proposed standards set forth in the proposed Planned Community Development Plan (Attachment No. PC 3). Further detail with regard to the proposed development standards will be provided as part of the August 4t" Planning Commission staff report. In summary, the Planned Community should ensure broader coordination and consistency with the surrounding neighborhood, including a higher level of architectural quality supporting an urban living environment with pedestrian connectivity. The 150 Newport Center Planned Community would provide for a comprehensively designed residential project that creates a mixed-use environment in the southern portion of Newport Center and is generally consistent with the residential development standards of the PC -56 (North Newport Center Planned Community). Thus, staff suggests that the Planning Commission recommend the City Council approve a waiver of the minimum site area in order to establish the proposed Planned Community for the 150 Newport Center project. Building Height in Newport Center A variety of building heights in Newport Center are allowed by General Plan and implemented through Planned Communities, the Zoning Code, and discretionary approvals. The guiding policy for building height in Newport Center is General Plan Policy LU6.14.4 Development Scale, which states the following: "Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1)" Attachment Nos. PC 4, 5, and 6 provide exhibits that demonstrate the height limits and the height of existing development (based on original building permits and LiDar data) in the southerly half of the Newport Center area. Existing building heights within Newport 16-261 150 Newport Center Planning Commission, July 21, 2016 Page 11 Center range from 15 feet 8 inches (subject property) at the south end up to 300 feet in height at the end of Newport Center. Height limits range between 28 feet at the south end up to 300 feet at the north end. At the southerly half of Newport Center (Blocks 100 and 200), where building mass and height is intended to scale down to lower elevations according to the General Plan Policy, existing building heights range between 15 feet 8 inches (subject property) and 74 feet 4 inches feet (260 Newport Center Drive). Height limits range from 28 feet for flat roofs (Granville Residential Community) up to 60 feet (Block 100, including 10 -foot mechanical appurtenances). Several nonconforming buildings currently exceed the 32 - foot height limit established within Block 200 including: 1333 Avocado Avenue- (32'8") 1367 Avocado Avenue- (34'6") 210 Newport Center Drive -Edwards Cinema (42' 6" building, 52' appurtenances) 230 Newport Center Drive- (48') 250 Newport Center Drive- (43' 2.5") 260 Newport Center Drive- Shea Building (74'4") 359 San Miguel Drive- (46'6") 366 San Miguel Drive- (34') 369 San Miguel Drive- (40' 10") These existing nonconforming buildings range from 32 feet 8 inches up to 74 feet 4 inches in height. To the north, the height limits of nearby mall buildings in Fashion Island are 75 feet where mechanical appurtenances are permitted an additional 10 feet. Additionally, major buildings in Fashion Island are permitted up to 125 feet in height where mechanical appurtenances are permitted an additional 10 feet. The height limit of the interior portion of Block 100 is 50 feet where mechanical appurtenances are also permitted an additional 10 feet. This portion of the block is located within the North Newport Center Planned Community. The other corners of Block 100 have a 32 -foot flat roof height limit with 37 feet for a sloping roof. The existing building at 180 Newport Center Drive is nonconforming and exceeds the existing 32 -foot height limit at 38 feet 3 inches. The scaling down of building height and mass in Newport Center is relative, where the height limits at the south end range from 28 feet up to 74 feet 4 inches. The applicant proposes a building that is 65 feet 6 inches in height to the top of the roof with mechanical appurtenances that extend up to 69 feet 6 inches. The following table provides a comparison of existing building heights and height limits for other residential properties in Newport Center (Statistical Area Ll) - 16 -262 150 Newport Center Planning Commission, July 21, 2016 Page 12 Table 1. Residential Development in Newport Center (Statistical Area L1) Residential Development Height Limit Actual Height Dwelling Units Granville 28'/33' 18' 67 du Villa Point 32' 2-3 stories 228 du Sea Island 32'/37' 2 stories 132 du The Colony*** 200' 50'+(appurtenances) 245 du Meridian*** 65' 65' 79 du San Joaquin Plaza*** 65' 65' 524 du NB Country Club* 31' N/A 5 du 150 Newport Center** 6916" 6916" 45 du Museum House** 1 300' 1 295' 1 100 du * entitled ** proposed ***communities in the North Newport Center Planned Community are measured from finished floor elevation It should be noted that both of these existing residential developments are located at the northwest portion of Newport Center. Existing multi -family residential building heights range from 18 feet up to 65 feet in height in Newport Center and height limits range from 28 feet up to 200 feet in height. The applicant is requesting a building height of 65 feet 6 inches to the top of the roof (six stories) with mechanical appurtenances up to 69 feet 6 inches (Project plans are provided as Attachment No. PC 11). This height is similar to that of the recently constructed Meridian and San Joaquin Plaza Apartments. Elevator overrides and other mechanical appurtenances would be centralized toward the center of the building footprint and their visibility would be minimized from the street frontage. Recommended Buildina Heiaht After reviewing the existing building heights and height limits in the surrounding area at the south end of Newport Center, staff recommends a reduced project height of 55 feet to the top of the roof (five stories) with mechanical appurtenances up to 61 feet. This alternative creates greater equity with the height limit of 50 feet with mechanical appurtenances up to 60 feet established for the majority of Block 100. This alternative retains the same number of dwelling units (45) but increases the footprint of the building resulting in a shorter more squat building. The applicant has noted that this design removes several amenities for residents that are available in the taller alternative such as a lounge, work-out room, and catering facility. The applicant has provided a site plan and elevation of staff's recommended alternative (Attachment No. PC 12). The recommended reduced building height alternative at 5 stories results in a shorter building with a larger building footprint over the 1.26 acre property. The existing FAR for 16-263 150 Newport Center Planning Commission, July 21, 2016 Page 13 the property is 0.15. Table 2 below provides a comparison of building setbacks and resulting FARs for each building height alternative. Table 2. Comparison of Building Setbacks Building setbacks are shortened under the reduced project alternative., although basement level setbacks would remain the same. The reduced building alternative from 6 -stories down to 5 -stories results in a proportionately longer and lower building. This creates a different product type that is more evocative of the lower office buildings found on surrounding properties in Block 100. General Plan Policy LU 1.6, Public Views, states, "Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1)" City policies protect public views and do not protect views from private property. The project site is not subject to Sight Plane View Ordinance No. 1371 that applies to properties to the south across Civic Center Drive. The project does not inhibit designated coastal view corridors along Newport Center Drive and MacArthur Boulevard as identified in Figure NR3 of the General Plan. The project applicant has provided view simulations of the proposed height contemplated in the EIR (75 feet 6 inches with appurtenances to 83 feet 6 inches) taken from these locations. Refer to these view simulations provided as Attachment No. PC 7. While the building may be visible from MacArthur Boulevard, it would not restrict coastal views of the ocean as vehicles travel southwest toward the Ocean. The building is comparable in building height and elevation to the existing office development located at 260 Newport Center Drive where the proposed project height is one level lower than this building at 65 feet in height. Height Findings Section 20.30.060.C.3 (Height Limits and Exceptions, Required Findings) requires findings to be made to adopt a Planned Community District with an increase in the height of the structure above the base height limit: 16-264 NCD Setback Anacapa Setback South Driveway Setback Westerly Setback FAR Requested 6 -story 24 feet 22 feet 6 inches 22 feet 15 feet 2.58 basement 15 feet 15 feet 15 feet 0 feet Reduced 5 -story 15 feet 15 feet 15 feet 10 feet 2.59 basement 15 feet 15 feet 7 feet 0 feet Building setbacks are shortened under the reduced project alternative., although basement level setbacks would remain the same. The reduced building alternative from 6 -stories down to 5 -stories results in a proportionately longer and lower building. This creates a different product type that is more evocative of the lower office buildings found on surrounding properties in Block 100. General Plan Policy LU 1.6, Public Views, states, "Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1)" City policies protect public views and do not protect views from private property. The project site is not subject to Sight Plane View Ordinance No. 1371 that applies to properties to the south across Civic Center Drive. The project does not inhibit designated coastal view corridors along Newport Center Drive and MacArthur Boulevard as identified in Figure NR3 of the General Plan. The project applicant has provided view simulations of the proposed height contemplated in the EIR (75 feet 6 inches with appurtenances to 83 feet 6 inches) taken from these locations. Refer to these view simulations provided as Attachment No. PC 7. While the building may be visible from MacArthur Boulevard, it would not restrict coastal views of the ocean as vehicles travel southwest toward the Ocean. The building is comparable in building height and elevation to the existing office development located at 260 Newport Center Drive where the proposed project height is one level lower than this building at 65 feet in height. Height Findings Section 20.30.060.C.3 (Height Limits and Exceptions, Required Findings) requires findings to be made to adopt a Planned Community District with an increase in the height of the structure above the base height limit: 16-264 150 Newport Center Planning Commission, July 21, 2016 Page 14 "a. The project applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: i. Additional landscaped open space; ii. Increased setback and open areas; iii. Enhancement and protection of public views; and b. The architectural design of the project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and varied roof planes; c. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties; and d. The structure will have no more floor area than could have been achieved without the approval of the height increase." In this case, staff believes that required findings can be made to authorize an increased height limit up to 55 feet with mechanical appurtenances up to 61 feet in height. The building design continues to provide a high level of design with open space, landscape, residential amenities, and building setbacks that are greater than what would be required under the RM standards of the Zoning Code and similar to the North Newport Center Planned Community. Additionally, minimum 15 -foot setbacks along the street frontages would be maintained, consistent with the current OR development standards. The project does not negatively affect existing public views. Basement level setbacks would occur largely below grade and would not be immediately visible from the street frontage along Newport Center Drive and Anacapa Drive. The architectural design provides a significant amount of articulation with its two enclave design to fit with the context of surrounding office buildings in the Newport Center area. The residential use would not appear out of character and would utilize a building height limit similar to those applied to other properties in Block 100 of Newport Center. The reduced building height would also fit into the context of surrounding development at the south end of Newport Center, where nonresidential building heights range from 20 feet up to 74 feet 4 inches in height. Finally, the proposed floor area for the project would conform to the limit established through adoption of the 150 Newport Center Planned Community Development Plan. Airport Land Use Commission John Wayne Airport is located approximately 3.6 miles north/northeast of the Project site and is the nearest public airport. As detailed in the Airport Environs Land Use Plan (AELUP) for JWA, the northerly one third of the Project site is located within the AELUP Part 77 Notification Area for JWA. The Project site is located approximately 19,200 feet from the nearest point of the JWA runway. By applying the imaginary surface slope of 100:1, at this distance from the runway, the Project would not penetrate the imaginary 16-265 150 Newport Center Planning Commission, July 21, 2016 Page 15 surface extending 100 feet outward and one foot upward (slope of 100:1) from the JWA runway at a height of 191 feet. Therefore, the Project does not fall within the AELUP Airport Planning Area and does not require ALUC review. Additionally, the building would be 69 feet 6 inches in height, so FAA notification is not required because the structure does not exceed 200 feet in height. Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be prepared to establish whether a proposed General Plan amendment (if approved) requires a vote by the electorate. The amendment would be combined with 80 percent of the increases in traffic, dwelling units, and non-residential floor area allowed by previous General Plan amendments (approved within the preceding 10 years) within the same statistical area. The following thresholds are applicable: 100 dwelling units, 100 a.m. peak hour trips, 100 p.m. peak hour trips, or 40,000 square feet of non-residential floor area. If any of the thresholds are exceeded and the City Council approves the requested General Plan Amendment, the Amendment would be classified as a "major amendment" and be subject to voter consideration. Approved amendments, other than those approved by the electorate, are tracked for 10 years and factored into the analysis of future amendments within the same statistical area as indicated. The project site is located within Statistical Area L1 of the General Plan Land Use Element, and would result in an increase of 45 dwelling units to establish an anomaly in Table LU2 as shown in Attachment No. PC 1. There have been two prior amendments approved within Statistical Area L1 since the 2006 General Plan Update (GP2010-004). The first amendment changed the land use designation to accommodate the new Civic Center and Park Site under General Plan Amendment No. GP2008-009. The second amendment authorized the Newport Beach Country Club to construct a new 21,000 - square -foot clubhouse under General plan Amendment No. GP2008-005. Neither of these prior amendments included projects which added new dwelling units to this statistical area. There are currently 100 units remaining in Statistical Area L1 toward the threshold for a vote of the electorate. Based on the trip generation rates contained in the Council Policy A-18 (commercial blended rate for the existing use and luxury condominium/townhouse rate for the proposed use), the proposed amendment is forecast to result in an increase of 2 a.m. peak hour trips and an overall reduction of p.m. peak hour trips. There would be no addition of nonresidential floor area with the amendment. Table 3 summarizes the changes created by the proposed amendment with the proposed 45 dwelling unit anomaly designation. The table also shows threshold totals under Charter Section 423. As indicated, none of the thresholds specified by Charter Section 423 would be exceeded, and therefore, a vote would not be required. The current Section 423 table before the proposed Amendment is provided as Attachment No. PC 8. 16-266 150 Newport Center Planning Commission, July 21, 2016 Page 16 Table 3: Charter Section 423 Analysis Summary Statistical Area L1 Increase in Increase in Increase in P.M. Increase in Allowed Floor A.M. Peak Hour peak Hour Trips Allowed Area (sq. ft.) Trips Dwelling Units GP2014-003 (PA2014-213) 0 2 0 45 150 Newport Center Drive Prior Amendments (80%) 1. Civic Center GP2008-009 0 0 0 0 (PA2008-182) 2. NB Country Club 21,000 0 0 0 GP2008-005 (PA2008-152) TOTALS 16,800 2 0 45 Section 423 Thresholds 40,000 100 100 100 Vote No No No No If the proposed General Plan amendment is approved by City Council, this amendment will become a prior amendment and 80 percent of the increases will be tracked for 10 years. AB52 and SB18-Tribal Consultation Guidelines Pursuant to Section 65352.3 (SB18) of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that eight tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on March 18, 2015, Section 65352.3 of the California Government Code requires 90 days prior to Council action to allow tribe contacts to respond to the request to consult. The City was not contacted by any tribal contacts during this 90 -day period. Pursuant to Section 21080.3.1 (AB52) of the California Government Code, a local government is required to consult with California Native American tribes that have requested in writing to be informed of proposed project in the geographic area that is traditionally and culturally affiliated with the tribe. Two tribes have requested notification in writing. The tribal contacts were provided notice on January 11, 2016. Section 21080.3.1 of the California Government Code requires 30 days prior to Council action to allow tribe contacts to respond to the request to consult and neither tribe responded to the formal notification letter requesting consultation for this project during the 30 day period. A letter was later submitted as a comment to the DER from the Gabrieleno Band of Mission Indians-Kizh Nation on May 25, 2016, requesting that a monitor from their tribe oversee ground disturbing construction work. The response to comments on 16-267 150 Newport Center Planning Commission, July 21, 2016 Page 17 the DEIR suggest allowing a monitor on-site to watch over ground disturbing construction work, consistent with Historical Resources Policy HR2.2 (Grading and Excavation Activities). However, the applicant would not be required to contract with a specific monitor during construction activities on-site. The monitor will be required to be certified consistent with City Council Policy K-5 (Archaeological Guidelines). Environmental Review Prior to making a recommendation on the proposed project, the Planning Commission must first review, consider, and recommend City Council adoption of the Environmental Impact Report (EIR), SCH No. 2016011032. The DEIR is comprised of the Notice of Preparation (NOP), Initial Study (IS), Environmental Analysis, Alternatives Analysis, and Appendices. The City contracted with T&B Planning, Inc., an environmental consulting firm, to prepare an Initial Study and Draft Environmental Impact Report (DEIR) for the proposed project in accordance with the CEQA and the State CEQA Guidelines.The DEIR was routed to the Planning Commission in advance of this staff report to allow additional time to review the report. A copy of the DEIR was also made available on the City's website (http://www.newportbeachca.gov/cegadocuments), at each Newport Beach Public Library, and at the Community Development Department at City Hall. Based upon the analysis of the Initial Study, the environmental categories within which the project would have either no impact or less than significant impact were: Agricultural/Forest Resources, Greenhouse Gas Emissions, Hydrology/Water Quality, Mineral Resources, Population/Housing, Public Services, Recreation, and Utilities/Service Systems. The following environmental topics were identified as potentially affected by the implementation of the proposed project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hazards/Hazardous Materials, Land Use/Planning, Noise, and Transportation/Traffic. These topics were the subject of the DEIR analysis, and potential impacts were identified. The document recommends the adoption of 17 mitigation measures to reduce the potentially significant adverse effects to a less than significant level. These mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included as Attachment No. PC 9. On the basis of the analysis provided in the draft EIR, City staff has concluded that the project would not have a significant impact on the environment. The draft EIR reflects the independent judgment of the City and recognizes project design features, standard construction and engineering practices, and review and reevaluation of future projects as the means to avoid 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. 16-268 150 Newport Center Planning Commission, July 21, 2016 Page 18 The draft EIR was completed and circulated for a mandatory 45 -day public -review period that began on May 13, 2016, and concluded on June 27, 2016. A total of 26 comments were received from interested parties. The consultant and staff are preparing detailed written responses to each of the comments received on the adequacy of the DEIR, which will be included as part of the August 4, 2016 Planning Commission staff report packet. Corrections and additions to the DEIR are also being prepared, which will be provided at the August 4, 2016 Planning Commission Meeting and incorporate additional or revised information required for the preparation of responses to certain comments. The revisions do not alter any impact significance conclusion disclosed in the DEIR, and therefore, do not warrant recirculation of the DEIR for public review. The revisions to the DEIR will be incorporated into the Final EIR, if certified. Fiscal Impact Model The City's consultant has prepared an independent fiscal impact model (Attachment No. 10) in accordance with General Plan Implementation Policies 12.1 and 12.2. The City's fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in the same way that existing development does. The net impact of the growth in land uses at build -out of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General fund of $21.7 million per year. The office and restaurant use alternatives contemplated in the EIR result in an overall neutral or positive fiscal impact to the City, although they are both less than the revenues to the City produced by the existing car wash facility. In contrast, all of the residential development alternatives contemplated in the draft EIR result in positive fiscal impacts resulting from property taxes, fees, and revenue expenditures from residents above that produced by the existing car wash facility. Due to the high market level targeted by the proposed project, the residential alternatives would exceed the fiscal benefit from the potential non-residential uses of the site under the existing General Plan. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. A courtesy notice of the hearing was also emailed to the interested parties list for this project. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 16-269 150 Newport Center Planning Commission, July 21, 2016 Page 19 SUMMARY Staff believes that the facts associated with the subject property and reduced project height (55 feet to top of roof and 61 feet with appurtenances) support the proposed land use amendments and required findings for the project. The project would result in the redevelopment of an under-utilized and aging site with a new residential project that is consistent with the General Plan goals and policies for development of the Newport Center area. Although not currently zoned for residential use, the land use change at 150 Newport Center creates a functional residential project that integrates residential uses into the surrounding commercial uses within Newport Center. The project exhibits high quality architectural treatment of the building and given the constraints of the property, the recommended height (55 feet to top of roof and 61 feet with appurtenances) and setbacks are reasonable and consistent with the General Plan policies and proposed 150 Newport Center Planned Community development standards. The resulting setbacks are consistent with the development pattern and setback standards within Newport Center and enhance pedestrian connections along the project's street frontages. The recommended height (55 feet to top of roof and 61 feet with appurtenances) results in a development that is compatible and consistent with the surrounding neighborhood in terms of bulk and scale. Therefore, staff recommends Planning Commission recommend City Council approval of the proposed legislative land use changes and Planned Community Development Plan waiver of the 10 acre minimum with a reduction in the overall project height from that requested by the applicant. Staff believes that the residential land use for the proposed project is appropriate and recommends a reduced project height (55 feet to top of roof and 61 feet with appurtenances) for compatibility with existing building heights and surrounding height limits. In conclusion, the July 21, 2016, public hearing will provide the opportunity for a focused discussion on the proposed legislative amendments, the waiver of the 10 -acre minimum size for a Planned Community, and the building height. Staff and the applicant will be available to answer questions from the Planning Commission and the public, and if warranted, the Planning Commission may provide direction to staff. At the conclusion of the discussion, the Planning Commission should continue this project to the August 4, 2016 Planning Commission meeting. Prepared by: 10 Maka6a N va Associate Planner 16-270 ATTACHMENTS 150 Newport Center Planning Commission, July 21, 2016 Page 20 Rpt.doex: 04/0s14 Planning Commission Attachments can be accessed online here: http://ecms.newportbeachca.gov/Web/O/doc/850970/Pagel.aspx 16-271 Attachment J Planning Commission Staff Report August 18, 2016 16-272 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 18, 2016 Meeting Agenda Item No. 5 SUBJECT: 150 Newport Center Residential Project (PA2014-213) 150 Newport Center Drive ■ General Plan Amendment No. GP2014-003 ■ Code Amendment No. CA2014-008 ■ Planned Community Development Plan No. PC2014-004 • Site Development Review No. SD2014-006, ■ Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) ■ Development Agreement No. DA2014-002 ■ Environmental Impact Report No. ER2015-002 APPLICANT/OWNER: Newport Center Anacapa Associates, LLC PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the development of a 6 -story 45 - unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests the following approvals: General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 45 dwelling units. Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC (Planned Community District) over the entire site. Planned Community Development Plan - to establish a planned community development plan (PC) over the entire project site that includes development and design standards for 45 residential condominium units. The request also includes a City Council waiver of the minimum site area of 10 acres. A height limit of 65 feet 6 inches with mechanical appurtenances up to 69 feet 6 inches is requested. Site Development Review - to allow the construction of 45 multi -family dwelling units. Tentative Tract Map - to establish a 45 -unit residential condominium tract on a 1.3 acre site. Development Agreement - review of a proposed development agreement that would provide public benefits should the project be approved. 16-273 150 Newport Center Planning Commission, August 18, 2016 Page 2 Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. (Attachment No. PC 1) and attached Exhibits recommending the City Council approve a reduced project height of 55 feet and: Certify Environmental Impact Report No. ER2015-002; and Approve General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-00808; Planned Community Development Plan No. PC2014-004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2014-002; or 3) Provide direction to staff for an alternative recommendation and continue the application to September 1, 2016. INTRODUCTION Project Site and Background The subject property (Property) is located at 150 Newport Center Drive within the Newport Center area and is located at the southwest corner of Newport Center Drive and Anacapa Drive. The Property consists of a single parcel, which is 54,716 square feet (1.3 acres) and an ingress/egress access easement to the south of the Property. The Property is currently developed with an 8,500 -square -foot car wash with ancillary convenience market and service station. On August 6, 1970, the Planning Commission approved Use Permit No. UP1461 for the construction of an automatic car wash with gasoline sales. The property is currently designated by the Land Use Element of the General Plan as OR (Regional Commercial Office) and OR (Office Regional Commercial) under the Zoning Code, consistent with the existing use on the property. Development to the north across Newport Center Drive is part of the Fashion Island Shopping Center. To the east across Anacapa Drive, is a mix of office and retail buildings, including the Edwards Big Newport Cinemas. The adjacent property to the south and east is developed with six 2 -story office buildings known as Gateway Plaza. The Gateway Plaza development shares driveway access with the subject property, where 150 Newport Center has a nonexclusive ingress/egress over the entire Gateway Plaza property as part of their grant deed. Access to the project site primarily occurs at the driveway immediately to the south of 150 Newport Center Drive. 16-274 150 Newport Center Planning Commission, August 18, 2016 Page 3 VICINITY MAP a 2p2' Subject . r. 4P- z�U Property Al i 1 GENERAL PLAN ZONING y. r LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CO -R (Regional OR (Office RegionalFCar Wash, Convenience Commercial Office Commercial Market, and Service Station NORTH CR (Regional PC -56 (North Newport Center, Fashion Island Shopping Commercial) Fashion Island Sub -Area) Center SOUTH CO -R (Regional PC -56 (North Newport Center, Office Development Commercial Office) Block 100 Sub -Area) EAST CO -R (Regional OR (Office Regional Office and Retail Businesses Commercial Office) Commercial) WEST CO -R (Regional PC -56 (North Newport Center, Office Development Commercial Office) Block 100 Sub -Area) 16-275 150 Newport Center Planning Commission, August 18, 2016 Page 4 Prosect Description The proposed project consists of the demolition of an 8,500 -square -foot car -wash and gas station to accommodate the development of 45 condominium dwelling units on a 1.3 acre site (Project Plans- Attachment No. PC 18). The building is designed as a single structure with two "enclaves" connected at the center. The exterior would be comprised predominantly of a pre -cast concrete fagade, stainless steel finishes, and glass. Massing off -sets, variations of roofline, varied textures, recesses, articulation, and design accents on the elevations would be integrated in order to enhance the building's architectural style. As proposed by the applicant, the building reaches an overall height of 65 feet 6 inches to the top of the roof with mechanical appurtenances such as an elevator override and heating and air conditioning equipment that extend up to 69 feet 6 inches feet in height measured from average grade. Visitor, delivery, moving vehicle, and residential valet access to the project site would be provided via two curb cuts with two-way drive aisle access from Anacapa Drive at the eastern portion of the project site. Resident access to below -grade parking areas would be provided via a single two-way curb cut to the south of the Property over an ingress/egress access easement. Each unit will be provided with a 2 -car garage and 25 guest parking spaces within a 3 -level subterranean basement (two guest spaces are provided at the entry level). The basement levels also include designated trash enclosures for the storage of trash and recycling bins. The residential units are designed as flats, which consist of 15 townhouse units at the first and second level, nine units on levels three and four, eight units on level five and four units on level 6. The units range in size between 1,645 square feet to 3,608 square feet of gross floor area. Exterior access to the first floor units is provided from adjacent walkways along the Newport Center Drive frontage with private patio areas leading up to each entry. Common areas at the entry level include a dog run along the Newport Center Drive frontage, as well as enhanced paving and planting areas. The upper level of the building provides common recreational amenities including a roof -top pool and clubhouse. The tract map will establish each unit for individual sale and easements to accommodate the location of the proposed structures. Plannina Commission Public Hearina of Julv 21, 2016 Refer to the Planning Commission staff report and minutes from July 21, 2016 (Attachment No. PC 3 and 4), for a full discussion of the proposed legislative land use amendments for the property including the General Plan Land Use Amendment and designation of an anomaly for 45 dwelling units, Zoning Code Amendment, and Planned Community Development Plan including a waiver of the 10 -acre minimum and a discussion of the proposed project height. 16-276 150 Newport Center Planning Commission, August 18, 2016 Page 5 At the July 21, 2016 meeting, the Planning Commission asked staff to provide additional land use options such as a mixed-use land use designation or the incorporation of the Property into other nearby Planned Communities to better understand the implications of selecting a specific land use for the property. The Planning Commission also asked for additional information regarding the background of existing Planned Communities that do not meet the 10 -acre minimum and the Zoning Code history behind the 10 -acre minimum. Finally, the Planning Commission requested information regarding the history of height limits in Newport Center. Following public comments and at the request of staff, the public hearing was continued to August 18, 2016, to continue the discussion of the proposed legislative amendments and review the project specific discretionary applications and EIR. It is important to note that a Zoning Amendment can be initiated in accordance with Section 20.66.020 (Amendments) of the Zoning Code by the City Council, Planning Commission, or by owners or authorized agents of property for which the amendment is sought. All owners or their authorized agents must join in filing the application. This is a private property owner application limited to 150 Newport Center Drive. DISCUSSION Land Use Options As noted, at the July 21St meeting, the Planning Commission asked to consider the possibility of other land use designations for the property. General Plan Mixed Use Option Mixed use designations in the Newport Center area utilize the MU -H3 (Mixed -Use Horizontal) land use designation. The MU -H3 designation does not include a standard development limit. Instead, MU -H3 properties are governed by Table LU2 (Anomaly Table of the General Plan) which identifies the number of dwelling units and square footage of nonresidential development specific to each property. Therefore, for the purpose of this analysis another mixed-use land use designation may be considered which would allow a range of 20.1-26.7 dwelling units/acre and nonresidential floor area within a range of 0.25 to 0.5 floor area ratio (FAR). For the subject Property, this results in a potential range of 25-33 dwelling units for the property and 13,721 to 27,443 square feet of nonresidential floor area. The mixed-use option provides for a greater intensity of development with the incorporation of nonresidential floor area in addition to the residential dwelling units requested by the applicant. The addition of nonresidential floor area to the proposed residential project presents traffic, parking, land use, and utilities implications, which would require the EIR to be revised and recirculated to incorporate and consider these potential impacts. If the land use was designated as MU -H3 but limited to residential dwelling units only under Table LU1, the EIR would not need to be recirculated since 16-277 150 Newport Center Planning Commission, August 18, 2016 Page 6 this would not result in any physical changes to the project as proposed. In either case, the project would need to be continued and re -noticed appropriately for this option. Planned Community (PC) Zoning Options The Planning Commission also requested information to consider incorporating the Property into a nearby Planned Community, which would eliminate the need to waive the 10 -acre minimum for a standalone PC. The PC Zoning District and corresponding 10 -acre minimum and waiver process have been in place since the 1970 Zoning Code. Attachment No. PC 5 provides a menu of Zoning options to consider for the project. There are 12 PC's within the Newport Center Statistical L1 area including: PC -17 (Corporate Plaza) PC -19 (San Joaquin Plaza)* [2.92 acres] PC -21 (Sea Island Apartments)** PC -27 (Newport Village) PC -28 (Block 400 Newport Center) PC -30 (Villa Point Apartments) ** PC -40 (Corporate Plaza West) PC -46 (Block 500 Newport Center)* [4.37 acres] PC -47 (Armstrong Garden)* [1.11 acres] PC -47 (Newport Beach Country Club) ** PC -54 (Santa Barbara Condominiums)* [4.25 acres], ** PC -56 (North Newport Center)** * PC does not meet the 10 -acre minimum ** PC includes residential development Of these PC's, four are less than 10 acres. PC -47 (Armstrong Garden) was originally approved as a use permit in the "Unclassified" Zoning District in 1972. The use permit conditions were later adopted as a Planned Community when the use permit was amended in 1998. Two of these PC's (San Joaquin Plaza and Block 500 Newport Center) were originally greater than 10 acres in size but were reduced in size in 2007 when portions of the PCs were removed and incorporated into the PC -56 (North Newport Center Planned Community). PC -54 (Santa Barbara Condominiums), which is developed with the Meridian townhomes, received a waiver of the 10 -acre minimum in 2007. The resolution approving this waiver indicates that the development was viewed in the larger context of the surrounding neighborhood, similar to the current Project request. Of these PC's, five currently allow for some form of residential development. Attachment No. PC 6 provides identifies existing residential development standards such as density, floor area ratio (FAR), and height within each PC and residential area within Statistical Area L1 (Newport Center) as a means of comparison for the proposed development. 16-278 150 Newport Center Planning Commission, August 18, 2016 Page 7 Staff recommends adoption of a waiver of the 10 -acre minimum to create a separate 150 Newport Center Planned Community Development Plan with specific development standards for the project as identified in Attachment No. PC 1, Exhibit E. Alternatively, the project could be incorporated into the PC -56 (North Newport Center Planned Community) as a separate sub -area or part of Block 100. This existing Planned Community is immediately adjacent to the Property and a waiver of the 10 -acre minimum would not be necessary for this action. Note that heights in the PC -56 (North Newport Center Planned Community) are measured from finished surface at the high side of the property (170 feet NAVD88 elevation), which results in a 6 -foot reduction of the height measurement for the proposed Project. A draft redline of PC -56 incorporating the project as a separate sub -area and as part of Block 100 are included as Attachment Nos. PC 7 and 8, respectively. Planned Community (PC) Development Standards The proposed PC standards (Attachment No. PC 1, Exhibit E) are modeled after the RM Zoning District regulations and the North Newport Center Planned Community development standards with project specific standards designated for setbacks and height. Table 1, below, provides a comparison between the RM Zoning District standards and the applicant's requested Planned Community. The existing OR Zoning District standards are included for reference, as applicable. Table 1- Development Standards Comparison OR District 150 Newport Center Does Proposed Development Standard RM District Planned Community PC Comply Standards (Existing) Standard (Proposed) With RM? 6,000 square Yes Lot Size 10,000 square feet min. for 54,687 square feet (1.26 feet min. newly created acres) corner lots 25 dwelling 45 dwelling units (35 No Maximum N/A units (20 du/acre) Density du/acre) Setbacks Newport Center Drive Newport 15 feet basement Center Drive 24 feet building Front 15 feet 20 feet Anacapa Drive Yes, building Anacapa Drive 15 feet basement setbacks 15 feet 22 feet 6 inches building No, basement/podium Western property line setbacks 20 feet 9 3 feet basement Side 0 feet inches (8% of 0 feet podium avg. lot width) 14 feet building 16-279 150 Newport Center Planning Commission, August 18, 2016 Page 8 Table 1- Development Standards Comparison OR District 150 Newport Center Does Proposed Development Standard RM District Planned Community PC Comply Standards (Existing) Standard (Proposed) With RM? South property line Rear 0 feet 10 feet 7 feet basement 22 feet building 32 feet for 28 feet for flat roofs flat roofs or 37 feet for parapet walls sloped roofs 33 feet for 65 feet 6 inches for roof Site sloped roofs 67 feet 6 inches for Development Site parapets Height Review: Development No 50 feet for 69 feet for 6 inches Review: flat roofs or 32 feet for mechanical parapet flat roofs or appurtenances roofs parapet roofs 55 feet for 37 feet for sloped roofs sloped roofs 163,260 sq. ft building Maximum Floor area (133,671 of Area 8,500 sq.ft. for , sq. ft. basement) Buildable Area x non-residential (1.75 FAL) (1.75 (4.39 FAL with required No Floor Area Limit development buildable area) (FAL) (3.43 FAL with proposed buildable area) Open Space Common N/A 3,375 sq. ft. 10,636 sq. ft. Yes 75 s . ft./unit 6,019 sq.ft. 30 sq. ft./unit (50% of Private (assumes units) 41 sq. ft. to 1,605 sq. (5% of gross floor N/A 120,393 sq.ft. ft./unit (50% units) Yes area/unit) unit area) 12,851 sq. ft. total (8.8% of total unit sq.ft. Parking Resident 90 spaces in private (2 per unit N/A 90 spaces garages covered) Yes Guest (0.5 per 23 spaces 25 spaces in surface unit) parking areas Total N/A 113 spaces 115 spaces 96 sq. ft. 24 sq. ft. common refuse 331 sq. ft. common Solid Waste and refuse 96 sq. ft. refuse Recyclable 24 sq. ft. common 331 sq ft common Yes Materials recycling recycling recycling 48 sq. ft. total 192 sq. ft. 662 sq. ft. common total common total 16-280 150 Newport Center Planning Commission, August 18, 2016 Page 9 1 Per Section 20.18.030, up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Site Access The proposed project provides two driveways that serve the main building entrance along Anacapa Drive and would primarily serve guests, residential valet, deliveries, and moving vehicles. The applicant requests a waiver of Council Policy L-2 to utilize a radius curb cut design along Anacapa Drive. Council Policy L-2 specifies that driveway approaches may utilize a curb return design with a maximum curb radius of 25 feet and a driveway approach bottom of greater than 35 feet only if the driveway serves an entrance to a parking area or structure for more than 200 vehicles. Since the proposed parking structure does not serve more than 200 vehicles a waiver of this policy is necessary to utilize this curb return design. Public Works staff has reviewed this request and does not object to the applicant's request. The Gateway Plaza development to the south shares driveway access with the subject property, where 150 Newport Center has a nonexclusive ingress/egress over the entire Gateway Plaza property as part of their grant deed. Access to the project site primarily occurs at the driveway immediately to the south of 150 Newport Center Drive. Residential site access is proposed primarily through this southerly driveway. Additionally, trash service is proposed within the southerly access drive, where scout trucks would roll bins for pick-up within the 24 -foot wide ingress portion of the driveway. Public Works has reviewed the proposed circulation plan and determined that adequate width is available for trash trucks and residential vehicles to simultaneously and safely utilize the driveway for this purpose. The circulation plan is provided as Attachment No. PC 9. There are two existing pedestrian easements on the property, a 3 -foot wide pedestrian easement along Anacapa, which would be protected in place, and an 18 -foot wide pedestrian easement at the south edge of the property, which would be reduced to a 5 - foot width, consistent with the width of the proposed sidewalk area. Public Works staff has reviewed the internal site circulation and determined that the circulation plan is adequate. Conditions of approval are included in the draft resolution (Attachment No. PC 1, Exhibit G) requiring a stop sign within the internal circulation route of Block 100 to ensure that vehicles passing by can adequately see vehicles exiting the residential parking structure. Setbacks The 150 Newport Center Planned Community proposes setbacks that are specific to the design of the project. For each street frontage, the first floor level would be set back to enhance pedestrian connections and provide a direct entry for each dwelling unit at the ground level. The proposed development would provide increased setbacks and open 16-281 150 Newport Center Planning Commission, August 18, 2016 Page 10 space standards compared to the existing commercial zone along Newport Center Drive and Anacapa Drive. The OR (Office -Regional) Zoning District requires 15 -foot setbacks adjacent to street frontages and 0 -foot setbacks alongside and rear property lines. The proposed building would be setback a minimum distance of 20 feet front each street frontage and 14 feet and 22 feet respectively along the west and south property frontages. The proposed setbacks are for the project site, allowing for sufficient openness and vehicle circulation throughout the interior of the project site. While the basement and podium level setbacks proposed are less than the RM Zoning District development standards, these structures occur largely below grade and the building setbacks above the podium level comply with both the RM and OR Zoning District setback requirements. Exceptions to the building setbacks for the podium/basement at the lower level accommodate the parking garage and 3.5% grade differential that occur on the Property. At the south end of the property where grade elevations are lower, the podium levels would be regulated as basement walls and would not exceed elevations of 10 feet in height to the top of wall. Open guardrails with landscaping below would be provided to improve the edge condition along the south and west podium walls adjacent to Block 100. Open Space/Amenities The proposed PC would provide required common open space areas and residential amenities at the entry level as required in the RM Zoning District (15 percent of the buildable area). The site design provides 10,389 square feet of exterior outdoor common open space at the entry and pool deck levels where a total of 3,375 square feet are required (75 square feet/dwelling unit) under the RM development standards of the Zoning Code. Private open space would provide the same standards as are required for residential dwelling units within the North Newport Center Planned Community (a minimum of 30 square feet with a 6 -foot dimension for 50 percent of the dwelling units). The building design provides 10,389 square feet of private open space where a minimum of 6,019 square feet are required under the RM development standards of the Zoning Code. A minimum of 500 square feet of common indoor space is also provided, consistent with the standards of the PC -56 (North Newport Center Planned Community). Parking A total of 90 residential garage parking spaces are required and provided by the proposed project at a rate of two garage spaces per dwelling unit. In addition, 25 guest parking spaces are required and provided at a rate of 0.5 space per dwelling unit with 16-282 150 Newport Center Planning Commission, August 18, 2016 Page 11 two surplus parking spaces. The Public Works Department has reviewed the project's vehicle circulation and determined that the proposed layout is sufficient to provide safe and adequate vehicle access throughout the site including access for emergency vehicles, delivery trucks, and individual trash pick-up. Height As stated in the July 21, 2016, Planning Commission staff report, staff recommends a reduced project height of 55 feet to the top of the roof (five stories) with mechanical appurtenances up to 61 feet. This alternative creates greater equity with the height limit of 50 feet with mechanical appurtenances up to 60 feet established for the majority of Block 100 and allowed in the North Newport Center Planned Community. The applicant has provided a site plan and elevation reflecting the reduced height alternative, which retains the setbacks of the proposed project (Attachment No. PC 16). Floor Area/Floor Area Ratio (FAR) The 6 -story building proposed by the project applicant includes a total floor area of 141,013 -square feet, resulting in a 2.57 FAR for the project. The reduced 5 -story height recommended by staff that retains the proposed setbacks includes a gross floor area of 131,878 square feet, resulting in a 2.41 FAR. Residential Design General Plan Land Use Policy LU 5.1.9 (Character and Quality of Multi -Family Residential) requires that multi -family dwellings be designed to convey a high quality architectural character in accordance with principles for building elevations, roof design, and parking. Units at the first level provide direct access to patio areas and the adjacent sidewalk/walkways where the entries are setback and elevated to ensure adequate security. All proposed dwelling units incorporate high quality architectural treatments and materials such as pre -cast concrete fagade, stainless steel finishes, and glass to achieve a classically inspired architectural expression. Roof appurtenances such as the elevator override and HVAC equipment areas have been consolidated at the upper level to reduce the apparent scale of the proposed buildings and provide interest and variety. Vertical architectural projections provide additional architectural variation and modulation of the building at the upper levels. Enclosed parking garages within the basement levels for each unit are incorporated into the integral unit design of the building and are readily accessible from the internal stairway and elevator access. For these reasons, staff believes the project would be fully consistent with Land Use Element Policy LU 5.1.9. General Plan Policy LU 6.14.5 Urban Form states, "Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity 16-283 150 Newport Center Planning Commission, August 18, 2016 Page 12 that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1)" The proposed residential development would support the existing vision of Newport Center, by providing a level of architectural expression that creates a strong sense of place and connection to the existing surrounding resources and retail/professional office environment afforded by Newport Center. The building architecture and articulation bears a strong resemblance and architectural continuity with surrounding professional office buildings throughout Newport Center. The building would be oriented toward the adjacent street frontages, with pedestrian access at grade with the adjacent streets. Townhouse units would provide direct entries to Newport Center Drive. Additionally, the residential development would provide landscape and other open space amenities such as a dog run along the Newport Center Drive frontage, improving the pedestrian connection along this street. The building design adjacent to Anacapa Drive would accommodate the primary guest entrance to the building with two driveways, valet service, parcel delivery, and pedestrian access to the main building lobby. The project site design does not include surface parking areas and utilizes basement level parking for residential and guest parking. Landscape A total of 8,389 square feet of landscaped area is provided on-site, which will comply with the requirements of Chapter 14.17 (Water -Efficient Landscaping) of the Municipal Code. Construction Management Plan and Haul Route A detailed construction management plan is provided and has been reviewed by the Public Works Department (Attachment No. PC 10). The project includes temporary lane closures of Newport Center Drive and Anacapa Drive for the installation of temporary tie -backs and construction staging. A street closure permit is required at the discretion of Public Works and will not include full street closures or lane closures for durations longer than two weeks. Lane closures will not be permitted during the holiday season. The Coyote Canyon Landfill located at 20661 Newport Coast Drive is proposed as an off-site truck staging area for trucks to queue prior to accessing the project site. Refer to the haul route provided as Attachment No. PC 10, Exhibit "C". Site Development Review-Findin Redevelopment of the project site is subject to a site development review to determine compliance with all applicable development standards of the proposed 150 Newport Center Planned Community Text. 16-284 150 Newport Center Planning Commission, August 18, 2016 Page 13 Pursuant to 20.52.080 (Site Development Review) of the Zoning Code, residential developments of five or more units that are processed in conjunction with a tentative tract map require a site development review by the Planning Commission. The required findings for approval of a site development review must identify that: the project is allowed within the subject Zoning District, that the project will not be detrimental to the harmonious and orderly growth of the City, and that the project is in compliance with applicable criteria including compliance with the General Plan, the Zoning Code, and any applicable specific plan, the efficient arrangement of structures on-site, the compatibility in terms of bulk, scale, and aesthetic treatment, the safety of pedestrian and vehicular access, the adequacy of landscaping and open space area, and the projection of significant public views. In summary, the proposed land use changes at 150 Newport Center maximize the efficiency of the project site and provide for a coordinated and comprehensive project establishing an urban standard more consistent with the project's location within the larger commercial and mixed-use Newport Center area. The project is designed to be consistent with the proposed Planned Community Development Plan that would allow 45 residential units. The height, bulk, and scale of the residential building is comparable to height limits on surrounding properties and existing building heights in the southern half of Newport Center. The building is designed to provide variation and modulation between enclaves for visual interest. The front facades include both vertical and horizontal off -sets and utilize a variation of building materials to provide enhanced visual relief. The size, design, location, and screening of mechanical equipment, outdoor lighting, and refuse enclosures will comply with the requirements of Sections Section 20.30.020 (Buffering and Screening), 20.30.070 (Outdoor Lighting), and 20.30.120 (Solid Waste and Recyclable Materials Storage) of the Zoning Code, respectively. The podium wall provides a buffer between the proposed residential units and the adjacent commercial development to the south and west of the project site and is designed to maintain privacy and protection for the residential tenants. All required parking is provided on-site and the internal vehicle circulation has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. New street trees will be provided along both street sides of Anacapa. The view from coastal view points and corridors will not be changed significantly where the proposed development may be visible beyond existing buildings and trees but will not obstruct coastal views. The project results in a reduction of average daily traffic trips and water use when compared to the existing car wash use on-site. Staff believes facts to support the required findings exist to approve the Site Development Review and they are included in the attached draft resolution for approval (Attachment No. PC 1). 16-285 150 Newport Center Planning Commission, August 18, 2016 Page 14 Tentative Tract Map The proposed project includes a request to establish a 45 -unit residential condominium tract (Attachment No. PC 14). The tract map will also modify existing pedestrian easements at the south end of the project site to accommodate the proposed project. Section 14.24.020 (Dwelling Unit and Business Structure Sewer Connection Required) requires each dwelling unit to maintain individual water meter and sewer connections. The project has received a waiver of this requirement from the Municipal Operations Director since the units are located in one building and will together connect to the existing water and sewer systems. Section 19.12.070 (Required Findings for Action on Tentative Maps) of the City of Newport Beach Municipal Code provides required findings for approval of a tentative tract map. These findings include: consistency with the General Plan and any applicable specific plan, that the site is physically suitable for development, that proposed improvements are not likely to cause substantial environmental damage to fish, wildlife, or their habitat, or cause serious health problems, that the project will not conflict with easements, a "land project", solar access and passive heating requirements, the City's share of the regional housing need, or the discharge of waste into the sewer system, and finally, that the project will conform with the public access and recreation policies of the Coastal Act. In summary, the Tentative Tract Map provides for the development of a cohesive planned community with a pattern of dwelling unit orientations and vehicle circulation that provide a pedestrian -friendly environment with strong connectivity to adjacent commercial and office areas. The site has a gentle sloping condition and the building design accommodates this slope with a podium wall at the south and west edge and larger building setbacks above the podium. The site is safe and suitable for development. Under existing conditions, the project site and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. The vegetation that occurs on-site is ornamental in nature, including trees and ornamental shrubs, groundcover, and vines growing on the existing building's facades and screen walls. A Mitigation Measure is provided in the Mitigation Monitoring and Reporting Program (MMRP) to ensure the adequate protection of nesting birds during the construction process. The General Plan estimates that future traffic noise exposure will be 65 dB CNEL to the nearest residential facades to Newport Center Drive and identifies that residential uses are normally compatible or compatible with noise insulation features included in the design. With appropriate noise control measures under conventional construction and design of the proposed project (e.g., closed windows, fresh air supply systems or air conditioning), the interior noise levels would comply with the City and State interior noise standard of 45 dB CNEL for residential units. M199-001 150 Newport Center Planning Commission, August 18, 2016 Page 15 Public Works staff has reviewed the proposed tentative map and believes it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks, two new driveways along the Anacapa Drive frontage, and street trees will be required of the applicant per the Municipal Code and the Subdivision Map Act. A common sewer and water connection will be provided for the project as approved by the Public Works Department that will connect to an existing 12 -inch main in Anacapa Drive. For the reasons noted above, staff believes the required findings for the Tentative Tract Map can be made. Development Agreement General Plan Policy LU6.14.8 (Development Agreements) requires the execution of Development Agreements for residential projects that include 50 or more residential units or use the residential 450 units identified in Table LU2 (Anomaly Locations). The Development Agreement is intended to define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. While the proposed project does not utilize the 450 units identified in the General Plan, the applicant has requested a development agreement. The applicant is proposing that the development agreement has a term of 10 years from the date of recording the document. The applicant has also proposed a public benefit fee of $67,000 per each residential unit, to be made at the time of issuance of the certificate of occupancy. A copy of the draft Development Agreement is provided as Attachment No. PC 1, Exhibit „F„ Unless otherwise provided by the development agreement, the ordinances, rules, plans and policies of the City of Newport Beach which govern permitted uses of land, the density of development, and the design, improvement and construction standards and specifications, applicable to development of the property subject to the development agreement, shall be those ordinance rules, plans and policies in force at the time of execution of the agreement. Environmental Impact Report -Responses to Comments Prior to making a recommendation on the proposed project, the Planning Commission must first review, consider, and recommend City Council certification of the Environmental Impact Report (EIR), SCH No. 2016011032. The DEIR is comprised of the Notice of Preparation (NOP), Initial Study (IS), Environmental Analysis, Alternatives Analysis, and Appendices. 16-287 150 Newport Center Planning Commission, August 18, 2016 Page 16 The City contracted with T&B Planning, Inc., an environmental consulting firm, to prepare an Initial Study and Draft Environmental Impact Report (DEIR) for the proposed project in accordance with the CEQA and the State CEQA Guidelines. The DEIR was routed to the Planning Commission in advance of this staff report to allow additional time to review the report. A copy of the DEIR was also made available on the City's website (http://www.newportbeachca.gov/cegadocuments), at each Newport Beach Public Library, and at the Community Development Department at City Hall. Based upon the analysis of the Initial Study, the environmental categories within which the project would have either no impact or less than significant impact were: Agricultural/Forest Resources, Greenhouse Gas Emissions, Hydrology/Water Quality, Mineral Resources, Population/Housing, Public Services, Recreation, and Utilities/Service Systems. The following environmental topics were identified as potentially affected by the implementation of the proposed project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hazards/Hazardous Materials, Land Use/Planning, Noise, and Transportation/Traffic. These topics were the subject of the DEIR analysis, and potential impacts were identified. The document recommends the certificationion of 17 mitigation measures to reduce the potentially significant adverse effects to a less than significant level. These mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included as Attachment No. PC 1, Exhibit "B". The draft EIR considers several project alternatives. Should the Planning Commission choose to recommend either the reduced height project alternative requested by the applicant (65 feet 6 inches to top of roof) or the further reduced project height recommended by staff (55 feet to top of roof), the environmental impacts of both of these options are considered or less significant than the impacts discussed in the EIR. On the basis of the analysis provided in the draft EIR, City staff has concluded that the project would not have a significant impact on the environment. The draft EIR reflects the independent judgment of the City and recognizes project design features, standard construction and engineering practices, and review and reevaluation of future projects as the means to avoid 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 draft EIR was completed and circulated for a mandatory 45 -day public -review period that began on May 13, 2016, and concluded on June 27, 2016. A total of 26 comments were received from interested parties. The consultant, T&B Planning, and staff have prepared detailed written responses to each of the comments received on the adequacy of the DEIR (Attachment No. PC 11). Corrections and additions to the DEIR have also been prepared in an Errata, which incorporates additional or revised information required for the preparation of responses to certain comments (Attachment No. PC 12). The revisions do not alter any impact significance conclusion disclosed in the DEIR, and therefore, do not FrOSMITA 150 Newport Center Planning Commission, August 18, 2016 Page 17 warrant recirculation of the DER for public review. The revisions to the DER will be incorporated into the Final EIR, if certified. Summary Staff believes that the facts associated with the subject property and reduced project height (55 feet to top of roof and 61 feet with appurtenances) support the proposed land use amendments and required findings for the project. The project would result in the redevelopment of an aging commercial development with a new residential project that is consistent with the General Plan goals and policies for development of the Newport Center area. Although not currently zoned for residential use, the proposed land use change creates a high quality residential project that is complementary to the surrounding commercial uses within Newport Center. The project exhibits high quality architectural treatment of the building and given the constraints of the property, the recommended height (55 feet to top of roof and 61 feet with appurtenances) and setbacks are reasonable and consistent with the General Plan policies and proposed Planned Community development standards. The resulting setbacks are consistent with the development pattern and setback standards within Newport Center and enhance pedestrian connections along the project's street frontages. The recommended height (55 feet to top of roof and 61 feet with appurtenances) results in a development that is compatible and consistent with the surrounding neighborhood in terms of bulk and scale. Therefore, staff recommends Planning Commission recommend City Council adoption of the EIR, approval of the proposed legislative land use changes and Planned Community Development Plan waiver of the 10 -acre minimum, and approval of the discretionary applications with a reduction in the overall project height from that requested by the applicant. Staff believes that the residential land use for the proposed project is appropriate and recommends a reduced project height (55 feet to top of roof and 61 feet with appurtenances) for compatibility with existing building heights and surrounding height limits. In conclusion, the August 18, 2016, public hearing will provide the opportunity for additional project discussion. Staff and the applicant will be available to answer questions from the Planning Commission and the public, and if warranted, the Planning Commission may provide direction to staff and/or take action to accept staff's recommendation as reflected in the draft resolution. ALTERNATIVES Should the Planning Commission choose to recommend approval of a different General Plan Land Use or Planned Community/Zoning District, the project should be continued to September 1, 2016 to allow the application to be re -noticed to reflect the contemplated action. The following alternatives are available to the Planning Commission: . MA 150 Newport Center Planning Commission, August 18, 2016 Page 18 1. Recommendation of Denial: If the Planning Commission believes that there are insufficient facts to support the land use amendments, the Planning Commission may recommend City Council denial of the application as provided in the attached draft resolution for denial (Attachment No. PC 2). 2. Recommendation to Incorporate into PC -56: If the Planning Commission believes that there are insufficient facts to waive the 10 -acre minimum to establish a Planned Community, the Planning Commission may suggest incorporating the development standards for the proposed project into the PC -56 (North Newport Center Planned Community) as a separate sub -area or as part of the Block 100 sub -area or a different planned community. Drafts of PC -56 reflecting both options are included as Attachments PC 6 and PC 7. If the Planning Commission chooses this option, the item should be continued to the September 1, 2016, meeting, to allow for a proper public noticing and for the drafting of a revised resolution incorporating appropriate findings and/or conditions. 3. Recommendation for RM Zoning: The Planning Commission may recommend that the proposed project site be rezoned to the RM (Multiple Residential) Zoning District and conform to the development and height standards of this zone. Maximum heights would be limited to 28 feet in height or 32 feet (for flat roofs) in accordance with the Zoning Code. If the Planning Commission chooses this option, the item should be continued to the September 1, 2016, meeting, to allow for a proper public noticing and for the drafting of a revised resolution incorporating appropriate findings and/or conditions. 4. Recommendation to Modify Project Design: The Planning Commission may suggest specific changes that are necessary to alleviate any concerns such as the project height, resulting in abrupt changes in scale, or architectural consistency with the project. The Planning Commission may suggest a lower or higher height such as the 65 -foot 6 -inch alternative requested by the applicant up to the maximum 75 -foot 6 -inch, 49 dwelling unit project contemplated by the draft EIR. 5. Recommendation for Other Zoning: The Planning Commission may recommend that the proposed project site be rezoned to another Zoning District or PC and conform to the development and height standards of this zone. Maximum heights would be limited in accordance with the Zoning Code or PC for this District. If the Planning Commission chooses this option, the item should be continued to the September 1, 2016, meeting, to allow for a proper public noticing and for the drafting of a revised resolution incorporating appropriate findings and/or conditions. 16-290 150 Newport Center Planning Commission, August 18, 2016 Page 19 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Letters submitted by the public to date are provided as Attachment No. PC 13. Since the July 21, 2016, Planning Commission meeting, three additional public comments have been received in opposition to the Project. Prepared by: Maka6a N va Associate Planner ATTACHMENTS Submitted by: 1 r n a 4Wisner i, iCP, Deputy Director DraftPC 1 ._ PC 2 Draft Resolution fer ■_ PC 3 PlaRRiRg COMMOSSOOR■ aGket from july 21, 204-6 PC / Planning Commission Minutes PC 5 MeRU ef ZORORg Options Development ► .. PC 7 PC 56 (North NewpertGeRter■Separate SubArea, RedliRed PC 8 PC -56 ► . r • Newport Center■InGEWPOrateBIOGk■ ■ • atiGR ■ aR ■ . • MaRagement■ aR ■C 11 ■ ■ _ PC 12 EIR Errata ■C 13 ■ ■ ITFaGt 11 • ► . . 17915 PC 15 RedUGed Height ■rejeGt ■ ■ ■rejeGt Plans Planning Attachments • • • • . • • • • i • • • • • I i • i • . • •i di kWTA#Ai • • • 16-291 Attachment K Planning Commission Staff Report September 1, 2016 16-292 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 1, 2016 Meeting Agenda Item No. 3 SUBJECT: 150 Newport Center (PA2014-213) 150 Newport Center Drive ■ General Plan Amendment No. GP2014-003 ■ Code Amendment No. CA2014-008 ■ Planned Community Development Plan No. PC2014-004 • Site Development Review No. SD2014-006, ■ Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915) ■ Development Agreement No. DA2014-002 ■ Environmental Impact Report No. ER2015-002 APPLICANT: Newport Center Anacapa Associates, LLC OWNER: Newport Center Anacapa Associates, LLC PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY The proposed project consists of the demolition of an existing 8,500 -square -foot car -wash, convenience market, and gas station to accommodate the development of a 5 -story 45 - unit residential condominium building with three levels of subterranean parking. The applicant, Newport Center Anacapa Associates, LLC, requests the following approvals: General Plan Amendment - to change the land use category from CO -R (Regional Commercial Office) to RM (Multi -Unit Residential) and establish an anomaly (Table LU2) designation for 45 dwelling units. Zoning Code Amendment - to change the Zoning District designation from OR (Office Regional Commercial) to PC -56 (North Newport Center Planned Community District) over the entire site. Planned Community Development Plan - to amend the PC -56 (North Newport Center Planned Community) to incorporate the project as a portion of the Block 100 sub -area and approve 45 residential condominium units with a maximum height of 50 feet for the subject property. Site Development Review - to allow the construction of 45 multi -family dwelling units. Tentative Tract Map - to establish a 45 -unit residential condominium tract on a 1.3 acre site. Development Agreement — to establish a development agreement that would provide public benefits should the project be approved. 16-293 150 Newport Center Residential Project Planning Commission, September 1, 2016 Page 2 Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report (EIR) are warranted for this project pursuant to the California Environmental Quality Act (CEQA). Revoke Use Permit No. UP1461 — revocation of the use permit to allow the operation of a car wash on-site. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. (Attachment No. PC 1) and attached Exhibits recommending the City Council approve a reduced project height of 50 feet (4 - stories) as measured in the PC -56 (North Newport Center Planned Community) for Block 100 and: Certify Environmental Impact Report No. ER2015-002; Approve Mitigation Monitoring and Reporting Program, General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-00808; Planned Community Development Plan No. PC2014-004, Site Development Review No. SD2014-006, Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2014-002; and Revoke Use Permit No. UP1461. BACKGROUND Auaust 22. 2013. Plannina Commission Meetin The Planning Commission received a staff presentation of the proposed project at public hearings on July 21, 2016 and August 18, 2016. The staff reports are available online due to bulk and the draft Planning Commission minutes from these meetings are included as Attachment Nos. PC 3-6. At the August 18, 2016, meeting, the Planning Commission directed staff in a vote (5 ayes, 2 noes) to revise the draft resolution for approval to incorporate the subject Property into the PC -56 (North Newport Center Planned Community District) as part of the Block 100 sub -area. The August 18, 2016, meeting was adjourned due to the late hour. The project was re -noticed for the September 1, 2016, meeting to allow the Planning Commission to continue their discussion and consideration of the requested approvals. The following analysis responds to the Commission's concerns and includes additional information that was not available at the July 21, 2016 and August 18, 2016, meetings. 16-294 150 Newport Center Residential Project Planning Commission, September 1, 2016 Page 3 DISCUSSION Analysis Alternative Project Plans The applicant is considering a modified project scope that would incorporate 35 dwelling units at a project height of 50 feet as measured in the PC -56 (North Newport Center Planned Community). Alternative plans are under preparation and will be distributed with a separate memorandum to the Planning Commission prior to the September 1, 2016, Planning Commission Meeting. Staff is supportive of the changes proposed by the applicant, but has not reviewed the plans at the time of this staff report preparation. Project Height Staff is recommending a 4 -story building design within the 50 -foot height limit established by the PC -56 (North Newport Center Planned Community) for the Block 100 sub -area. A 4 -story design will ensure that the project can achieve adequate ceiling heights to ensure a high-quality condominium unit as intended. Draft Resolutions The following changes have been reflected and redlined in the revised draft resolution (Attachment No. PC 1) to address the Planning Commission's comments: Hearing dates have been updated. Per the direction of the Planning Commission, revisions to incorporate the project site into the PC -56 (North Newport Center Planned Community) Zoning District Block 100 sub -area. Revisions to reflect the 4 -story building design recommended by staff. Revisions and additions have been made to the draft PC -56 (North Newport Center Planned Community Development Plan) (Exhibit "E" of the draft resolution) to reflect the comments of the Planning Commission and further define the project setbacks in the PC -Text as part of Block 100. Language has been added to reflect the Section 423 thresholds related to the project scope as directed by the Planning Commission. Language has been added to clarify the components of the EIR (notice of preparation, initial study, environmental analysis, alternatives analysis, appendices, responses to comments, and errata) in the draft resolution. Several other minor grammatical clarifications and updates have been made including an updated legal description, which are redlined in the document. The draft resolution for denial (Attachment No. PC 2) has also been updated to reflect a recommendation of denial without prejudice. 16-295 150 Newport Center Residential Project Planning Commission, September 1, 2016 Page 4 Development Standards Comparison The table of Residential Communities in Statistical Area L1 -Development Standards Comparison provided in the August 18, 2016, Planning Commission packet has been updated to reflect the project design as recommended by staff and directed by the Planning Commission (4 -stories and 45 dwelling units). Refer to Attachment No. PC 7 for a copy of the updated table. Use Permit Revocation Staff is recommending the revocation of the existing use permit for the car wash, Use Permit No. UP1461. If the project is approved, this revocation would become effective along with the vesting rights of the project applications. Summary Staff recommends that the Planning Commission recommend certification of the EIR and approval of the project applications at 50 feet (4 -stories) and 45 dwelling units to the City Council. Overall, the proposed project would result in the redevelopment of an aging commercial development with a compatible residential development that implements the goals and policies for Newport Center. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within Statistical Area L1 including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. AltPrnafi\/Pc Staff believes that the findings for approval can be made for the proposed project as recommended and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The following alternatives are available to the Planning Commission - 1 . ommission: 1. The Planning Commission may suggest specific changes that are necessary to alleviate any concerns such as the unit number/density, unit size, project height, abrupt changes in scale, or architectural consistency with the character of the area. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return once the applicant has had an opportunity to revise the project accordingly with a revised resolution incorporating new findings and/or conditions. 16-296 150 Newport Center Residential Project Planning Commission, September 1, 2016 Page 5 2. If the Planning Commission believes that there are insufficient facts to support the project, the Planning Commission may recommend denial of the application without prejudice in the draft resolution for denial (Attachment No. PC 2). The applicant may then return with a project that incorporates modifies the project scope and/or design. Prepared by: Maka& N a Associate Planner ATTACHMENTS Submitted by: Br n a Wisnes i, r ICP, Deputy Director Planning Commission Attachments can be accessed online here: http://ecros.newportbeachca.govANeb/0/doc/1136754/Page1.aspx 16-297 ■ ■- �� . ._ Planning Commission Attachments can be accessed online here: http://ecros.newportbeachca.govANeb/0/doc/1136754/Page1.aspx 16-297 Attachment L Planning Commission Minutes July 21, 2016 16-298 NEWPORT BEACH PLANNING COMMISSION MINUTES 7121116 Motion made by Commissioner Dunlap and seconded by Vice Chair Koetting to approve and file the minutes of the Planning Commission meeting of July 11, 2016, as amended. AYES: Dunlap, Hillgren, Kramer, Lawler, Koetting, Weigand NOES: None ABSTAIN: None ABSENT: Zak VII. PUBLIC HEARING ITEMS 2. TROESH RESIDENCE APPEAL (PA2015-122) Site Location: 336 Catalina Drive and 333 La Jolla Drive Continued to August 18, 2016 under Request for Continuances. 150 NEWPORT CENTER (PA2014-213) Site Location: 150 Newport Center Drive Summary: Community Development Director Brandt introduced the item. Associate Planner Nova presented a PowerPoint presentation outlining the legislative applications, changes since the June 23, 2016 study session, vicinity map of the project site, existing residential development in Statistical Area L-1, Zoning Code Amendment and requested Planned Community Development Plan with 10 -acre minimum waiver, proposed project height, existing building heights in the south end of the Newport Center area, building setbacks, view impacts, and public comments. She noted the applicant has decreased the number of units to 45 and reduced the height of the proposed project to 6 stories (65 feet 6 inches to top of roof) from 7 stories (75 feet 6 inches to top of roof). Additionally, staff is recommending a further reduction in height to 5 stories (55 feet to the top of roof). Community Development Director Brandt presented a PowerPoint presentation explaining Charter Section 423, (Greenlight and/or Measure S analysis) with regard to a major General Plan amendment. She discussed the threshold calculation and trigger for voter approval. She stated the primary question before the Planning Commission was whether a General Plan Amendment (GPA) is appropriate for the property. Chair Kramer stated the Commission would be reviewing the legislative issues including, GPA, code amendment and planned community development plan. He explained that the site development review, tentative tract map, Development Agreement (DA) and Environmental Impact Report (EIR) would be considered at the next hearing. In response to Vice Chair Koetting, Associate Planner Nova described the extent of the North Newport Center Planned Community. She explained the application requested by the Irvine Company in 2009 to incorporate the central portion of Block 100 into the North Newport Center Planned Community. Vice Chair Koetting questioned why all of Block 100 was not included. He asked about the vision for Fashion Island. Community Development Director Brandt stated Fashion Island was a regional shopping destination. She explained the concentration and intensity of development in the upper half of Newport Center. Vice Chair Koetting questioned why the City previously approved the height increase for Block 100. Associate Planner Nova explained that this was an individual application request made by the property owner of the middle of Block 100 whereas the other parcels are under a different property ownership. For this application, she explained staff's consideration of height limits and existing building heights in the area as a range of heights in Newport Center when preparing a recommendation as to whether a height increase is appropriate for the area. Chair Kramer stated it was necessary to determine what was best for this Applicant's parcel, Block 100 and Newport Center. He discussed inconsistencies and anomalies in the surrounding blocks. He indicated support for mixed use including residential and suggested the possibility of a Mixed Use (MU) Page 2 of 8 16-299 NEWPORT BEACH PLANNING COMMISSION MINUTES 7121116 designation. Associate Planner Nova stated the applicant requested RM and MU which could be denser. Chair Kramer expressed concern with the waiver of 10 -acre minimum for a planned community district and suggested 150 Newport Center be incorporated into an existing planned community. Associate Planner Nova stated the project could be incorporated as a subarea of North Newport Center. Community Development Director Brandt recommended incorporating it into North Newport Center because it is contiguous. Chair Kramer discussed existing grade and proposed height. Associate Planner Nova stated staff had suggested a 50 -foot height limit to the applicant. She explained that by removing one additional floor, the project height would be 55 feet and the overall height would be 61 feet with appurtenances. Chair Kramer expressed concern with the setbacks and driveway issues. He stated it was necessary to determine the appropriate number of units and height. Commissioner Weigand discussed responses to the EIR and read a portion of the Irvine Company letter. He requested copies of the responses. Associate Planner Nova explained that responses were being prepared for CEQA related comment letters and would be available for the August 4, 2016 meeting. In response to Commissioner Dunlap, Associate Planner Nova stated the project was 1.3 acres. She stated the EIR considered 49 units and 7 stories. In response to Commissioner Lawler, Associate Planner Nova explained that the existing 12 planned community waivers in the City ranged from 0.76 acres to 9.63 acres, with half of those under 2 acres in area. She explained the benefits of a planned community which provides more flexible development standards. Community Development Director Brandt clarified the 20 percent reduction in units for prior General Alan Amendments that applies under Section 423. In response to Commissioner Hillgren, Community Development Director Brandt stated staff would bring back options for combining 150 Newport Center in other planned communities within Newport Center and a breakdown and background of existing planned communities with a waiver of the 10 -acre minimum. Chair Kramer requested historical background on the 32 -foot height limit for properties In Newport Center particularly Block 100. Commissioner Hillgren discussed height restrictions in relation to the cascading master plan and view protection. He suggested a taller and thinner rather than a short and wide project. In response to Vice Chair Koetting about the 100 dwelling unit threshold, Community Development Director Brandt clarified that there are only 5 unbuilt/entitled dwelling units remaining in Newport Center and the proposed application requires an increase in units currently allowed under the General Plan. She explained that the 100 unit threshold is tied to Charter Section 423 and the trigger for voter approval. She stated the threshold applies over a rolling 10 -year period. Vice Chair Koetting asked if there were any potential residential sites. Associate Planner Nova stated there is a current application at the Orange County Museum House site, which consists of 100 proposed dwelling units. Chair Kramer opened the public hearing. Mike Lutton, representing the applicant, stated the initial project was for a seven -story building with no environmental impacts. He explained the reduction to six stories. Elaine Linhoff stated the opponents had to prove why changing the law was bad. She expressed doubt about the applicant's statement that traffic would be reduced. She stated the only benefit of the project was increased revenue. She suggested the amendment be denied. Enrique Gonzalez suggested implementation of the Specific Plan. He suggested recycled water be required for car washes. Page 3 of 8 16-300 NEWPORT BEACH PLANNING COMMISSION MINUTES 7121116 Tom Fredericks asked if displacement of car wash customers were included in the car trip calculations. He stated the residents would drive to and from the project. He questioned the less than minimal footprint increase. Jeffery Stephan stated he was the former carwash owner. He stated the carwash recycled water and it was a good business. Dennis Baker, representing SPON, read comments from their letter sent to the Planning Commission regarding the DEIR, highlighting the inappropriateness of a Planned Community Development (PCD) as an egregious example of spot zoning and precedent for relaxing height limitations and use of PCD for small parcels. Beth Kiley expressed concern about setting a bad precedent. She stated the project was a 34 -unit per acre development, which would change the lifestyle in Newport Beach. She urged the Commission to retain the General Plan vision. Debbie Stevens expressed appreciation for staff and Planning Commission review of the project. She stated she did not support the waiver for a Planned Community nor the height. She requested the opportunity to review the response to comments on the EIR. Lorian Petry discussed the City Hall location which was initially intended to be a freeway exit. She described the City's General Plan as a desired end through 2025 and urged the Commission to implement the vision. Allan Beek discussed development measures and stated the people did not want the development. He stated that staff had thoroughly analyzed whether the project could be approved but urged the Planning Commission to carefully consider whether the project should be approved. Jean Watt expressed disagreement with the application of prior land use changes toward the current Section 423 thresholds and concern about the "domino effect" of increased project heights. She stated the precedent setting resulted in a different landscape in Newport Center. Sind! Schwartz, owner of Muldoon's, discussed the 200 block of Newport Center, She questioned why the applicant was not sensitive to blocking the views from Muldoon's. She stated the scale, height and width of the development must be considered. She urged the Commission to implement the General Plan and retain the commercial zoning. She suggested two or three stories should be adequate. Jim Warren suggested that the parameters for the property have been set and that the applicant should make the project fit within the rules. Susan Skinner suggested that the project should consider increases due to traffic diverted to other car washes. She expressed concern about the project acting as a tipping point for more intense development characteristic of Los Angeles and requested the Commission deny the proposed development. She stated the project required a Greenlight vote as a result of the 79 dwelling units associated with the San Joaquin Plaza project and emphasized that the ballot box provides residents with a powerful voice and recourse for the bad choices of City leaders. Nancy Skinner commended the Commission for its thoughtful consideration of the project. She expressed concern with development exceeding the 2006 General Plan and impacting the charm and character of the community. She stated the project was too tall and massive. She urged the Commission to deny the exceptions and enforce the General Plan. Carl Cassidy urged the Commission to take a holistic approach with fiscal responsibility. He discussed potential litigation when going against the public. Jim Mosher stated the planning staff did not realize the City's rigid limitations on structure height. He discussed the 50 -foot height limits for Block 100. He discussed conversion of units and the Greenlight policy. Page 4 of 8 16-301 NEWPORT BEACH PLANNING COMMISSION MINUTES Chair Kramer closed the public hearing. 7121116 Mr. Lutton discussed outreach and efforts to benefit the community. He stated they owned and operated the car wash and new carwashes were opening at nearby gas stations. Community Development Director Brandt corrected the typographical error on page 4 stating it should read 69.2% rather than 60.2%. She acknowledged the time needed to review the response to comments on the EIR and recommended continuing the matter to August 18, 2016. Chair Kramer stated the proposed continuance seemed reasonable. Mr. Lutton concurred. Commissioner Weigand stated the Museum House study session was tentatively scheduled for August 18, 2016 as well. Commissioner Lawler discussed existing planned community development waivers of the 10 -acre minimum and requested further analysis of these waivers. In response to Commissioner Hillgren, Associate Planner Nova discussed the possibility of incorporating the project into the North Newport Center Planned Community. Chair Kramer stated the issues were height, number of units, and intensity. Vice Chair Koetting thanked the Commission, staff, and public for its input. He stated there was work to be done on the project. Commissioner Dunlap stated he was also impressed with the public comment. He stated he heard the community did not want residential on the site. He discussed alternatives which could be worse. He agreed with looking into the possibility of tying the project into another planned community. Chair Kramer stated he did not see a problem with changing the zoning to residential. He stated the issue was the zoning code amendment and opportunity for a planned community. Motion made by Chair Kramer and seconded by Commissioner Weigand to continue the hearing to August 18, 2016. AYES: Dunlap, Hillgren, Kramer, Lawler, Kcetting, Weigand NOES: None ABSTAIN: None ABSENT: Zak RECESS Chair Kramer called a recess at 9:03 p.m. The meeting reconvened at 9:09 p.m. with all Commissioners present except Commissioner Zak. VIII. CURRENT BUSINESS ITEM NO.4 WEST NEWPOOT MESA STREETSCAPE MASTER PLAN (PA2015-138) Site Location: West Newport Mesa Associate Planner Ben Zdeba gave a brief introduction of the project and introduced the consultant for the Master Plan, Brian Hannegan of RRM Design Group. Mr. Hannegan explained the goals of the Master Plan, outreach efforts, and existing and proposed improvements. Page 5 of 8 16-302 Attachment M Planning Commission Minutes August 18, 2016 (Draft) 16-303 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/18/16 In response to Commissioner Koetting, Traffic Engineer Brine stated widening of Coast Highway was a requirement of the City and permitted by Caltrans. Ms. Schaffner stated underground parking would be cost prohibitive in the proposed location. Principal Planner Campbell stated a variance application would be required for a full cover on the roof. In response to Commissioner Koetting, Mr. Sara stated Porsche determined the exterior building materials. Commissioner Dunlap expressed concern regarding lack of notification to Bay Shores and suggested consideration of expanding the noticing radius. He expressed concern regarding noise, HVAC equipment, and architecture. He suggested completely covering the roof. In response to a question from Commissioner Dunlap, Principal Planner Campbell stated the adjacent Mariners' Pointe project voluntarily undergrounded the utilities behind their building and it was not a requirement of the City. Commissioner Weigand suggested continuing the item to allow Bay Shores to receive additional information. Commissioner Hillgren discussed the Mariners' Pointe project. He stated the proposed project was on an important property and design guidelines should be followed. He agreed with continuing the matter. Chair Kramer indicated support for the project but agreed with a continuance. He stated it was a difficult parcel and the proposed use seemed appropriate. He suggested additional outreach. He requested consideration of roof covering options and evaluating whether nautical theme should be required. Commissioner Hillgren requested the height increase justification be flushed out. Ms. Schaffner stated they would conduct outreach and review the other items. Motion made by Chair Kramer and seconded by Commissioner Weigand to table the matter. AYES: Dunlap, Hillgren, Kramer, Lawler, Koetting, Weigand, Zak NOES: None RECESS Chair Kramer called a recess at 9:21 p.m. The meeting reconvened at 9:35 p.m. with all Commissioners present. 150 NEWPORT CENTER (PA2014-213) Site Location: 150 Newport Center Drive Continued from July 21, 2016 Community Development Director Brandt presented the staff report including the 6 -story option requested by the applicant and the staff recommended 5 -story option. She requested direction regarding the appropriate land use and zoning designations. She reminded the Commission that it was making recommendations to the City Council. Associate Planner Nova presented the Zoning options for the property. She explained the various planned community (PC) options and reviewed other residential developments in the area. She explained how building height is measured in the North Newport Center Planned Community. Commissioner Dunlap appreciated consideration of alternative PCs and asked why PC -56 was not being recommended. Community Development Director Brandt explained that site development review is conducted by the Planning Commission in the proposed PC versus PC -56, where site development review is conducted at a staff level by the Community Development Director. In response to Chair Kramer, Community Development Director Brandt stated that in PC -54, the site development review is conducted by the Planning Commission. Page 6 of 11 16-304 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/18/16 Commissioner Hillgren stated "community" suggested multiple people coming up with a plan. He asked if the properties had to be contiguous to be included within a different PC. Community Development Director Brandt explained that the residential project could be included in non-contiguous PC. She stated the majority of North Newport Center (PC -56) was owned by the Irvine Company but that was not a condition for inclusion in PC -56. Commissioner Hillgren asked why properties less than ten acres were established as a PC. Associate Planner Nova discussed properties in Newport Center area PCs that were less than ten acres in size. She explained the process to waive the requirement and indicated draft findings were included in the resolution for Commission consideration. In response to Commissioner Zak, Community Development Director Brandt explained the planned community wavier and the opportunity to include the project in a different planned community within Newport Center, and creating distinct zoning regulations for the property. She stated the North Newport Center PC already included mixed-use development. Commissioner Zak stated staff supported the waiver. He discussed the letter from the Irvine Company and its amendment rights to the North Newport Center PC -56. Assistant City Attorney Torres explained that the Commission could amend the PC but not the Irvine Company development agreement. In response to Commissioner Zak, Community Development Director Brandt stated the current density in PC -54 reflected the Meridian development and a sub -area could be created with different density and height. Chair Kramer stated the project was discretionary and the Commission was tasked with creating a box of parameters for the project and the Commission must come to an agreement on what the parameters are. Community Development Director Brandt defined the "box" as the appropriate zoning district or PC, number of units and/or corresponding density, building height, number of stories, and building setbacks. Chair Kramer suggested striving for consistency with past and future projects. He stated there was a certain elegance with the Santa Barbara PC -54, in that it was entirely residential. Community Development Director Brandt stated the proposed project was all residential as was the Santa Barbara PC -54 and there were comparable features between the two projects. Chair Kramer stated it made sense to expand a PC instead of creating small community developments. Commissioner Hillgren noted when compared with other similar projects there was a lack of consistency related to FAR, height and number of dwelling units. He agreed that residential worked, but found benefit to mixed-use. He indicated support for including the project in an existing planned development. Commissioner Lawler stated he was struggling with why a new PC would be created rather than using PC -54 or PC -56. He concurred that utilizing an existing PC would make sense. Commissioner Zak stated it was unfortunate that that applicant had gone through two study sessions, two public hearings, a mitigated negative declaration, full EIR, and further reduced the project. He supported the idea of comprehensive planning, but stated it was unfortunate that the idea came so late in the process. He agreed with the need for consistency. Vice Chair Koetting stated none of the existing Planned Communities fit exactly. The Commission will have to pick the appropriate development standards. Commissioner Dunlap stated the density per acre and number of units was similar to the Colony. He stated it was necessary to establish the number of units, height, and setbacks to come up with a new PC. Chair Kramer stated there seemed to be consensus for the need to redesign the project. Community Development Director Brandt requested direction from the Commission on how to move the project forward. Page 7 of 11 16-305 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/18/16 Chair Kramer stated zoning, height, and the number of units were primary and affected everything else. Mike Lutton, representing the applicant, stated the project had been redesigned three times based on prior meetings. He explained the redesign efforts were to fit the project into PC -56. Matt McLarand, project architect, stated the Santa Barbara condos were single loaded, rather than double loaded, creating proposed lower density. He stated PC -56 seemed the appropriate text to keep consistency. Mr. Lutton stated they had worked diligently with staff to fit within the parameters of existing PC 56. He stated the height was proposed at 55 -feet. Associate Planner Nova discussed the difference between the dwelling unit sizes and floor area ratio between the proposed project and Villas at Fashion Island (PC -56). She stated the Villas at Fashion Island were apartments and the proposed project were condominiums. Commissioner Hillgren stated the proposed project was roughly twice the size in terms of project floor area to unit number. In response to Chair Kramer, Community Development Director Brandt discussed the size of the Meridian units. Mr. Lutton stated they had not work on specific floor plans due to the three project revisions. In response to Hillgren, Mr. McLarand stated the units would be roughly between 2,500 — 4,000 square feet, similar to Meridian. He stated the 49 -unit version had townhomes on the lower floors. Commissioner Zak asked if the Commission should determine unit size. Community Development Director Brandt stated it was an option but not a necessary ingredient. Commissioner Zak stated he reviewed the General Plan for Newport Center and found that it indicated height and massing concentrated along San Joaquin Hills Road. He stated the floor area ratio was not a metric of massing and that the height was consistent with PC -56. Commissioner Lawler stated there was consensus to pick an existing box and indicated support for PC - 56. Chair Kramer stated that the zoning was selected and that the height in Block 100 was 50 feet. In response to Commissioner Zak, Associate Planner Nova stated the recommended project height fit within the PC -56 height parameters. Community Development Director Brandt stated the height and number of stories could be selected in any of the PCs. Vice Chair Koetting stated the proposed project was too tall and requested it be limited to four stories. He stated he was not comfortable with a 50 -foot, 45 -unit development. Mr. Lutton stated the setbacks could not be retained and the project would not be economically feasible. He stated they had designed a project with friendly walkways and the appropriate design for the community. Commissioner Weigand indicated opposition to the project, preferring commercial or retaining the car wash. He stated he did not want residential on the subject property. Chair Kramer suggested the project follow the North Newport PC -56 or Santa Barbara PC -54. Chair Kramer opened the public hearing. Nancy Skinner suggested continuity and consistency and suggested similar heights as the existing corners in Block 100. She stated it was not the appropriate place for residential development. Page 8 of 11 16-306 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/18/16 Jeffery Steffan stated the customers and employees would be impacted by loss of the carwash. Jim Place discussed voter's opposition to the freeway. He stated the community was interested in slow growth. He stated Newport Beach was a destination community and indicated height restrictions were important. He stated nobody walked to work so the concept of mixed-use was flawed. He requested retaining the character of Newport Beach. He urged the Commission to oppose the project. Karen Carlson suggested public input earlier in projects. She indicated opposition to the proposed density, height, and walkability. Margaret Baldwin stated the businesses would be impacted by the proposed residential development. She suggested the property be used as a commercial space. She stated the residential owners would be very unhappy with the long-time existing businesses. Laurene Petri discussed the importance of planned growth and William Pereira's vision for the community. Jim Mosher stated it did not sound like planning, rather smoke and mirrors. He stated the Commission could override the voter approved General Plan by changing the property to multi -family residential, not planned community. He stated height was not unlimited in planned communities. Ron Schwartz, owner of Muldoon's Irish Pub, stated the developer nor the City responded to his prior concerns. He stated the developer chose to design a residential project on the commercial property. He stated he could not support residential on that corner. He discussed noise from the existing surrounding businesses. He stated the new homeowners would be upset and turn to him because the developers would be long gone. Tom Baker stated the project was not compliant with the General Plan and should not be approved. He discussed requested modifications and waivers. He stated the height was too tall. He discussed the existing commercial properties and impact to proposed residential development. He urged the Commission to deny the project. Chair Kramer closed the public hearing. Mr. Lutton provided a response to public comments, noting that he built a condominium project at the train station in Downtown San Diego and he understood sound issue from surrounding properties. He stated the project began due to the need. He stated they proposed a responsible project, with no negative impacts, favorable to the City's betterment. He stated they had worked with staff to make the project compatible with nearby land uses and were mandated to disclose any noise factors. Community Development Director Brandt requested the Commission provide direction to staff on the proposed Zoning and General Plan Amendment. Motion made by Commissioner Weigand to deny the project. The motion died due to lack of a second. Motion made by Commissioner Zak and seconded by Commissioner Lawler to approve Option 2B to change the zone to PC -56 (North Newport Center Planned Community, Block 100 sub -area). Chair Kramer agreed with the exception of the unit count. Associate Planner Nova stated the resolution would be modified based on Commission feedback for action on September 1, 2016. Commissioner Hillgren stated residential use in the area could work but not on the proposed corner. He questioned why the Irvine Company did not support the proposed project. Chair Kramer outlined the options before the Commission. Page 9 of 11 16-307 NEWPORT BEACH PLANNING COMMISSION MINUTES 8/18/16 Commissioner Hillgren asked if there was any support to add commercial to the project. Chair Kramer stated that was his suggestion at the prior meeting and suggested consideration of mixed- use. Commissioner Hillgren stated he would be more supportive if the project contained mixed-use. He asked Commissioner Zak if he could support PC -56 or a mixed-use option. Commissioner Zak stated he could support mixed-use. In response to Commissioner Zak, Associate Planner Nova stated the draft EIR would have to be recirculated. In response to Chair Kramer, Associate Planner Nova stated the EIR would not have to be recirculated if the project was considered under PC -56 as a residential use since there would be no physical change to the project scope in the EIR. Vice Chair Koetting suggested the Commission determine if the property should be residential, how many stories, number of units, height and setbacks. Commission Zak suggested a box on limitations that can be reduced at the next meeting. Commissioner Lawler stated it would be difficult to build consensus. Vice Chair Koetting stated the Commission's recommendation was non-binding and the applicant did not have direction to obtain an approval. Commissioner Lawler stated there was not consensus amongst the Commission. Commissioner Hillgren suggested providing direction to the applicant. Mr. Lutton discussed efforts to satisfy concerns and indicated his understanding that the project would be evaluated at the meeting on September 1, 2016. In response to Commissioner Zak, Mr. Lutton indicated support of the proposed process to proceed. Assistant City Attorney Torres clarified that the motion was to approve Option 2b with 45 units. AYES: Hillgren, Kramer, Lawler, Koetting, Zak NOES: Weigand, Dunlap Chair Kramer stated he felt 45 units was too intense and suggested a 25 -unit project. Commissioner Dunlap indicated support for a residential project but expressed concern about floor area ratio and density. Commissioner Hillgren stated he could support residential being that there were 100 units available to develop. He indicated he could support additional development units if there was a commercial component since this is important to the General Plan policies. He also noted a preference for a tall and thin building product type versus a short and squatty product type. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION — None. ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Update on the General Plan/Local Coastal Program Implementation Committee Update on City Council Items Page 10 of 11 16-308 Attachment N Planning Commission Minutes September 1, 2016 (Draft) 16-309 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/1/16 Commissioner Hillgren expressed concern with granting approval for the property. He asked if it could be conditioned for review with change of ownership. Deputy Director Wisneski stated the Commission could review the application annually. She stated the project would be subject to an operator's license. Commissioner Hillgren questioned the parking threshold. Associate Planner Nova referenced the table in the staff report regarding the parking and occupancy thresholds. Commissioner Hillgren stated he could support the permitting process with review in 1 months. Commissioner Dunlap asked if Chair Kramer supported off sales. Chair Kramer confirmed that he would make that motion. Commissioner Dunlap commended the applicant on the proposed menu. He expressed concern with the saturation of liquor licenses. Motion made by Chair Kramer and seconded by Commissioner Lawler to adopt Resolution No. 2023 approving Conditional Use Permit No. CUP2016-027 as modified without the requested off -sale alcohol sales component, deleting Condition No. 1, modifying Condition No. 3 to 10 p.m., adding an overall global condition that the application come back to the Planning Commission 2 months after occupancy for review and adding a condition requiring the trash enclosure to be in place before operation. AYES: Hillgren, Kramer, Lawler, Koetting, Weigand, Zak NOES: Dunlap AwAw 3. 150 NEWPORT CENTER (PA2014-213) AN 1111h, Site Location: 150 Newport Center Drive Community Development Director Brandt i uced item ,7461,_1 Associate Planner Nova presented �A�uni PowerPo roviding an overview of the application, including the reduced project scope since e Planning Commission, and comparison of development standards with other pla in the area. Sean Neville, City's EIR co , su 'zed the EIR and indicated there would be no significant unavoidable impacts aft itiga H viewed the four alternatives evaluated. In response to Chair Kramer, Mr. N pro add nal detail on Alternatives 2 (8,500 -square -foot office development) and 4 (25- elopment). In response to.., e Ch oe Mr. Neville explained the evaluation of surface parking along with FAR requir Pts. Ass 'ate -fanner Nova explained that the 8500 -square -foot office was contemplated ;subsurf parking was not necessary for a building of this size. Community Development Dirty r Br clarified that anything more than 8500 square feet of office would require a General P ndment. In response to Commissioner Zak, Mr. Neville explained the requirement to consider a no project alternative. Community Development Director Brandt explained Alternative No. 3 (8,500 -square -foot restaurant) and the various alternatives considered. Chair Kramer asked about Alternative No. 4. Community Development Director Brandt explained that an RM zone was considered, which has a lower height limit. Mr. Neville discussed the water demand, wastewater demand, and traffic trips generated by the project. In response to Commissioner Hillgren, Mr. Neville stated the EIR did not include analysis of where the car wash trips would move to. In response to Chair Kramer, Mr. Neville explained the Institute of Transportation Engineers (ITE) trip generation rate. Page 6 of 12 16-310 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/1/16 In response to Vice Chair Koetting, Mr. Neville stated the projected 205 trips for the proposed development were based on the ITE trip rate for high-rise condominiums. Mr. Neville stated the City received 27 comment letters and provided 18 formal responses to CEQA- related comment letters. He stated the majority of the letters focused on aesthetics, land use and planning, and traffic, more specifically building height, impacts on visual resources, and compliance with General Policy 6.14.4. Commissioner Lawler stated the EIR results for water, sewage, and trips were based on a 7 -story, 49 -unit project and the applicant was now proposing a 5 -story, 35 -unit project. Mr. Neville explained the corresponding reduction based on a per unit decrease. In response to Commissioner Hillgren, Mr. Neville stated a mixed-use alternative would take 4-6 months to recirculate the EIR. Commissioner Hillgren asked the difference in traffic and water for a mixed-use alternative. Mr. Neville stated he would have to run the application through the models. In response to Secretary Zak, Community Development Director Brandt confirmed that only horizontal mixed-use was allowed in the MU -H3 land use designation. Commissioner Hillgren articulated that a taller, thinner - ing with some commercial made sense. Secretary Zak asked if the Museum House limitation. Community Development explain recommendation to the City Council and thAde that the project would proceed and be app there would be a balance of 72 units in the for a General Plan amendment, pur nt to C vesting period of 10 years once the e Commissioner Weigand arriy v t 8:0 wo be precluded based on the 100 -unit hat the Hing Commission was making a Council wou e action. She stated, presuming Carter Councilr or to the Museum House project, hold before voter approval would be required Section 423. She explained the proposed ent was approved. In response to Vice it Ko ing, munity Development Director Brandt explained the requirement of Charter tion ent to reduce prior General Plan amendments by 20%, and retaining the pr' Ge lan fo years for the purpose of calculating Charter Section 423 thresholds. In response ommissio Hillgren, Community Development Director Brandt explained the the Charter Section require nts and how the 20% reduction is applied. Associate Planner presented the site plan, site access, setbacks, underground trash enclosures, circulation an, open space, floor area, and construction process. Community Development Director Brandt stated staff had received a letter from Irvine Company expressing concern regarding the construction period. Associate Planner Nova presented Condition No. 93 prohibiting lane closures during the holidays and Condition No. 83 regarding trash truck service. She presented the haul route for the project, landscape plan and tentative tract map. In response to Commissioner Hillgren, Associate Planner Nova displayed the planting plan. She suggested adding Condition No. 96 to provide the Commission the opportunity to review the exterior building materials, landscaping and resident site amenities prior to building permit issuance. Community Development Director Brandt stated the water standards were codified in the Municipal Code. She suggested high quality landscaping could be water saving as well. Commissioner Hillgren requested the Commission have the opportunity to review the final landscaping plan. In response to Secretary Zak, Community Development Director Brandt stated, with the revised conditions, the Irvine Company did not have any outstanding issues. Page 7 of 12 16-311 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/1/16 Commissioner Koetting discussed the walkways and landscaping and expressed concern about the lack of landscaping along three sides due to the private balconies. Associate Planner Nova clarified the three-foot landscaping area adjacent to Block 100. In response to Commissioner Hillgren, Associate Planner Nova discussed the dog run design. Associate Planner Nova introduced the proposed development agreement terms and reminded the Commission of the proposed modifications to Condition Nos. 83 and 93 and addition of Condition No. 96. In response to Vice Chair Koetting, Associate Planner Nova discussed the condition requiring a stop sign near the south driveway and clarified its location. Mike Lutton, representing the applicant, introduced Chase Russell, car wash operator. Mr. Russell addressed the Commission regarding the feasibility of the full service carwash. In response to Commissioner Lawler, Mr. Russell discus the cost of labor and transition to self - serve carwashes. Commissioner Lawler stated the - ° ash was profitable but the current model no longer worked. Mr. Lutton introduced Francois Badeau. Mr proposed housing. He discussed the arch' discussed efforts to respect views, reduce Mr. Lutton presented a slide displayi He discussed efforts to bring the pro In response to Vice Chair K,.. Block 100. He presente,i#jie" r... building was not econorlly fe In response to Chaim In response ice C the outdoor a ities. In response to Se with 10 feet for each e heigt n to u, TranGroup, discussed the need for the :he projec efforts to build a landmark. He ,01ddress concerns. the proposed project and surrounding buildings. height within the planned community. "d he hoped there would be other residential in ng the setback of mass. He stated a four-story the ceiling heights were 10 to 12 -feet. Mr. Lutton described the indoor/outdoor space. He discussed Matthew McLarand, architect, explained the floor to ceiling heights, uding an 8 -inch slab drop lid and 9 -foot clear floor to ceiling heights. In response to Commissioner Lawler, Mr. McLarand discussed the area in between the floors. Mr. McLarand stated there were ten -foot floor -to -floor, with 12 feet at the top floor. He reviewed the landscape areas and proposed dog park. In response to Chair Kramer, Mr. McLarand stated he did not know the percentage of landscapable area. Mr. Lutton stated they heard the desire for lush landscaping. Associate Planner Nova stated 15% of the site would be landscaped. Mr. McLarand stated the projects were podium based, adding green space. In response to Chair Kramer, Community Development Director Brandt stated 10 -foot clear space from floor to ceiling would achieve the luxury living. She discussed staff's recommendation for a four-story project. Mr. McLarand discussed efforts to be a good neighbor and ensure the residents are aware of the noise and sounds in the urban environment. Page 8 of 12 16-312 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/1/16 In response to Secretary Zak, Mr. Lutton stated high quality building materials would be utilized to reduce noise issues. Secretary Zak asked if the applicant had offered to mitigate the neighbor's noise concerns. Commissioner Hillgren discussed decibel restrictions and existing businesses being restricted. Mr. Lutton suggested Muldoon's provide a letter to disclose to homeowners. Secretary Zak asked if the applicant would be open to upgrading the windows at Muldoon's. Mr. Lutton stated he did not see a sound issue. Commissioner Weigand questioned the covenants with the Irvine Company. Mr. Lutton stated they had been working with the Irvine Company for several months. Marissa Armstrong, Muldoon's event coordinator, provided an overview of Irish culture at Muldoon's. She urged the Commission to protect their business and vote no on the project. Dennis Baker, representing SPON, expressed appreciation for reduction of height but concern with spot zoning. He stated the project seemed inconsistent with a planned community. He stated the project will set a bad precedent. Tom Nielsen indicated opposition to the project due Jeffrey Stephen suggested a hybrid carwash. variances be allowed. 'A Jim Place discussed displacement of the ca look like Paris and that no one wd to development. trips. the zoning be retained and that no 'ie carwash. He stated the City did not want to He urged the Commission to vote no on the Rebecca Hall, representing "silent is , o support the project and smart development. She stated the proposed c uce affic, saved water, and provided necessary housing. She requested the Commis ' suppo he pr ct. Doug Simpson indi ed s forth oposed project. Tom Frederi iscusse n and the need to support the finding with facts. Lance Watkins i ' ated su o rt for the project. Nancy Skinner, repr g SPON, submitted petitions signed by over 1,400 people opposing the project. She indicate opposition to building residences next to Muldoon's. She urged the Commission to not support the project. Susan Skinner stated a Green Light vote was necessary. She discussed styles of governance and urged the Commission to deny the project. Debra Mayhugh expressed concern that the proposed development would be incompatible with existing businesses. She urged the Commission to vote no on the project. Christy Metolabetchek commended the architecture on the proposed project. She stated the project offered a safe, sophisticated environment. She stated it was necessary to consider the changing needs of the community. Karen Carlson urged the Commission to deny the project, noting the car wash trips, noise, and Measure Y, where residents voted no against new residential development in Newport Center. She noted a referendum would be in order if the project went through. Page 9 of 12 16-313 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/1/16 Ron Schwartz, Muldoon's, stated the project was not ready for a vote. He stated he did not want trouble and appealed to the Commission's common sense. Jim Mosher stated that there was no study indicating there were 100 units left to be built with no impact. He stated the addition of residents would add traffic. He discussed impacts to public views and growth inducing impacts. He stated he was amused to hear Newport Center was the heart and soul of Newport Beach. Chair Kramer closed the public hearing. In response to Commissioner Hillgren, Mr. Lutton stated it was critical to move forward due to financing constraints and market place demand. He discussed efforts to retain the project within the development standards. In response to Commissioner Dunlap, Associate Planner Nova stated the height limits in the RM zone as 28 feet for a flat roof and 33 feet for a sloping roof. She stated a General Plan Amendment would be necessary to allow residential development for other portions of Block 100 and the height limit for the property would have to be reevaluated with such a request. Chair Kramer discussed the vision for Newport Cen?ew\ designers of Newport Center as a regional center stated the General Plan needed to be updated f residential use made sense in Block 100 and a pa to make sense. He stated 32 units were to nse, wi landscaping, and not enough green space. expr E resolution. He stated the design was nice bu te< "outlined in the General Plan and founding g together a mix of different uses. He enter and the Airport area. He stated . ite, however, the overall project had I too massing for the site, insufficient 1 difficult with making Finding B of the draft 25 units with four floors. Commissioner Lawler reminded theWea mmission was not a political body, rather to enforce land use. He discussed theto reduce the project with an EIR showing no impacts. He agreed that it w ellemand was high. He stated the project was smart growth in a great to Secretary Zak trusted ss g Wding the Green Light issue. He stated residential uses were allowed in N9 ort and t oposed project was in a good location. He stated the EIR contemplated a psy rger project but the Commission wanted the project to fit within the North NewpoHe est ;.disappointment that the developer did not make more of an effort with its neighLc articularMuloon's and that the project seemed rushed. He stated the General Plan did not refe dense, therefore he had trouble opposing the density for the site. In response to Com her Weigand, Secretary Zak stated he could not propose the number of units, it was up to the developer. Commissioner Weigand asked if the developer would consider 25 units. Chair Kramer stated the matter before the Commission was the applicant's application. Commissioner Lawler stated the applicant proposed 35 units and the EIR supported 35 units, therefore he would support 35 units. Commissioner Hillgren stated the majority of the Commission were developers, which provided expertise in reviewing projects. He stated he valued property rights. He stated Green Light allowed 100 units and the project was going through the process to request those units through the General Plan amendment application. He stated traffic was de minimis, height was not impacting views, and water usage was reduced. He discussed the General Plan goals and stated 100 well planned units can and should work within the area. He stated the project would be well-received in the market and he supported the timeless design. He stated he believed the building could actually be taller but that it was bulky for the site. He stated he requested floor plans for the units. He stated the EIR supported 35 or 45 units but bulk needed to be considered and expressed appreciation for the Page 10 of 12 16-314 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/1/16 modifications but the project needed additional work. He mentioned his opposition to the project as currently proposed but recommended the developer return with a project based on the comments. Commissioner Koetting expressed concern with setback, access and units on the ground floor. He stated he was unable to make the finding that a land use change would be compatible with existing uses. He stated he was not opposed to additional residential in Fashion Island but not at the proposed location. He stated he would vote to deny the project. Commissioner Dunlap discussed FAR, indicating it was the highest in the area. He stated the project and Muldoon's needed to work together. Commissioner Weigand stated he would not support the project. Motion made by Commissioner Weigand and seconded by Vice Chair Koetting to adopt Resolution No. 2024 denying the 35 -unit, five -story project. Alternate Motion made by Commissioner Hillgren and seconded by Commissioner Lawler to hearing to September 22, 2016, based on the applicants request to bring back a 35 -unit project. AYES: Hillgren, Lawler, Zak NOES: Dunlap, Koetting, Kramer, Weigand Ad' Community Development Director Brandt allowing the applicant to come back with a r The vote on the initial motion was as follows: AYES: Dunlap, Hillgren, Koetting, Kramer, NOES: Lawler, Zak XIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RE ITEM NO. 5 COMMUNITY L, 1. U W ,he ITEM NO. 6 continue the dation as denial without prejudice eral Plan/Local Coastal Program Implementation Committee nent Director Brandt reminded the Commission that the California would be holding its monthly meeting in Newport Beach, and the art Banning Ranch project was scheduled for September 7 and the Plan for the City's LCP was scheduled for September 8, 2016. Update on City Council Items Community Development Director Brandt stated 150 Newport Center was tentatively scheduled for the Council in September, and that the project would be publically noticed. ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Commissioner Hillgren discussed the requirement for Planning Commission approval of roof top equipment on non -conforming structures and suggested consistency with conforming structures requiring zoning code administrator approval. By consensus, the Commission directed staff to bring back a zoning code amendment regarding roof -top equipment. Page 11 of 12 16-315 Attachment O Statistical Area L1 Table 16-316 City of Newport Beach Charter Section 423 Tracking Table Statistical Area Ll (Newport Center) Post 2006 General Plan Amendments Approved Land Use Element July 1, 2015 (Updated April 15, 2016) Project Name Address Date Approved Project/GPA Number Amendment Description Square Footage Change Dwelling Unit Change AM Peak Hour Trip Change PM Peak Hour Trip Change Civic Center and Park Site' 11/25/2008 PA2008-152 GP2008-005 Open Space (OS) to Public Facilities (PF) N/A 0 N/A N/A Newport Beach Country Club (Clubhouse) 1/24/2012 PA2008-152 GP2008-005 Parks and recreation (PR) - No Change 21,000 0 N/A N/A 100% Totals 21,000 0 0 0 80% Totals 16,800 0 0 0 Remaining Capacity Without Vote 23,200 100 100 100 GPA—General Plan Amendment CLUP —Coastal Land Use Plan 100% Totals — Cumulative increases resulting from approved GPA's. Decreases are not included. 80% Totals - Charter Section 423 requires that 80% of square footage, dwelling unit and peak hour trip increases of "Prior Amendments" be tracked for a period of 10 years and added to proposed general plan amendments located within the same Statistical Area to determine if the 423 GPA Thresholds are exceeded and a vote of the electorate required. Decreases in any category are not tracked. Charter Section 423 Thresholds: 40,000 square feet of non-residential floor area, 100 dwelling units, 100 AM or PM Peak Hour trips ' City Council resolution No 2008-097 includes the following finding: The proposed amendment is not subject to Charter Section 423 because any increase in vehicle trips or intensity from the City Hall facility will not result from the proposed amendment. Rather, these increases in traffic and intensity will result from and have been mandated by the voter approval of Measure 8 and the resulting addition of Charter Section 425. 16-317 Attachment P Muldoon's Conditions of Approval 16-318 City of Newport Beach Planning Commission Minutes January 23, 1997 2. SUBJECT: 202 Newport Center Drive Muldoon's Irish Pub and Restaurant, (Mark H. Singer, architect/applicant on behalf of R. & S. Schwartz, owners) • Use Permit No. 3455 (Amended) Request to permit an expansion and alterations of the existing pub/restaurant which currently provides on -sale alcoholic service and an outdoor dining courtyard. The application is a request to: • alter the ground floor to increase the net public area with new interior dining areas, expand the outdoor dining court, add a second bar and a game area containing one pool table; • increase the gross floor area to add a storage room at the ground floor; • alter the second floor to provide a bakery and food preparation area, dining room, billiards room, a related office and an outdoor dining deck; • add live entertainment and dancing; • add a valet parking service; • continue the reduced parking requirement for the expanded net public area or waive a portion of the required off-street parking; • continue the waiver of specific restaurant developmentstandards. Mr. Jay Garcia summarized the staff report highlighting the following: 1. license and crime statistics in surrounding area 2. original owner/operatorsince 1974 3. parking lot is a common area governed by the Design Plaza Association of Newport Center 4. parking requirements and valet parking as an accessory operation 5. comparisonsof proposed and previous operations 6. hours of operation 7. noise associatedwith live entertainment and dancing Ms. Temple has suggested a revision to condition #28 regarding fire sprinkler as noted by the applicant. The wording would contain "...as required by the Uniform Building Code unless otherwisewaived by the Building Code Board of Appeals:' Commissioner Selich then asked Mr. Garcia to explain the parking arrangements of the theater and the outlying zones. Commissioner Ridgeway then inquired of the net public area as stated on page 6 of the staff report. Discussion followed. It was felt that there was a greater flexibility of the parking areas particularlywith the valet parking use. Public hearing was opened. Mr. Ron Schwartz, 202 Newport Center Drive, owner, asked for 36 months for this Use Permit to be exercised. He stated that the ground floor development will be done very promptly but the second floor development will go in a second stage. Staff clarified that once any portion of the approval is implemented the use permit is deemed exercised. At INDEX Item 2 UP No. 3455 (Amended) Approved 16-319 City of Newport Beach Planning Commission Minutes January 23, 1997 INDEX commission inquiry, Mr. Schwartz agreed to the modification of condition 28 as expressed earlier. He continued stating that he has read, understands and agrees to all the findings and conditions of Use Permit No. 3455. Commissioner Ridgeway stated that this verbiage is as far as the Planning Commission can do with regards to the sprinklers in the Uniform Building Code. He continued asking about the parking areas and proximity of parking. Valet parking during the noon hour was discussed. Mr. Schwartz responded that under the CC and R's he does not have a right to valet parking because it is all non -reserved parking. He has, however, approached fellow owners proposing the valet system to them and set it up under a system that as long as they are satisfied it will be done. It can be rescinded if the majority are ever dissatisfied. Mr. Schwartz concluded the discussion by saying he would be happy to offer the valet parking during the noon hour, but not as a condition that would shut him down as this is an issue that he does not have full control over. The valets are parking at the for end of Zone 5 as represented on staff report page 41. There is no charge for the valet parking. Public hearing was closed. Commissioner Ridgeway asked staff if there was a way to insert language addressing continued valet parking during the noon hour. Assistant City Attorney Clauson answered that valet parking could be required but if he loses the valet parking, he is in violation of the condition. language to "encourage something" is not really a condition that could be enforced. Mr. Schwartz answered that would be agreeable but suggests to include the "Design Plaza Association to continue with the valet parking". Ms. Clauson then suggested language to "....provide valet parking as long as it is allowed by the Association:' If it is lost, then the application would be reviewed by the Planning Commission. Motion was made by Commissioner Ridgeway for approval of Use Permit 3544 (Amended), subject to the findings and other conditions in Exhibit A adding condition number 32 that so long as the Design Plaza Association allows valet parking, Mr. Schwartz shall continue to valet park during the noon hour Tuesday through Saturday. If the parking is lost, this approval will come back to the Planning Commission for review. Condition number 28 will contain the added verbiage, "...as required by the Uniform Building Code unless otherwise waived by the Building Code Board of Appeals:' Mr. Schwartz commented that this language does not give him leverage with the other owners, and it puts a "cloud" over his use as it applies to the whole permit. Chairperson Adams stated that the only "cloud" would be if the valet parking is lost, the applicant needs to come back for review of the parking situation relative to the expansion. This application is for a significant expansion, benefit of the doubt has been given with one space per 50 square feet of net public area, and there is an acknowledged parking problem in the near vicinity of the building. Valet parking is one 16-320 City of Newport Beach Planning Commission Minutes January 23, 1997 INDEX way to mitigate this problem. To make this expansion right, relative to parking, valet parking should be a component. If there was no obstacle of the Association, this Commission would probably require the valet parking. It is being required, but if you lose the valet parking, we are asking that you come back to the Commission for review of the operation without it. Commissioner Selich agreed that requiring valet parking as a condition would be out of the applicant's control. The incentive will be to get and keep customers during the noon hour. If parking becomes problematic, then the applicant will have to address it. Chairperson Adams responded agreeing that if valet parking is not provided during the noon hour, business will probably be reduced. Commissioner Ridgeway amended his motion by deleting the valet parking. Motion now reads for approval of Use Permit 3544 (Amended), subject to the findings and other conditions in Exhibit A. Condition number 28 will contain the added verbiage, "...as required by the Uniform Building Code unless otherwise waived by the Building Code Board of Appeals:' Ayes: Ridgeway, Kranzley, Adams, , Selich and Ashley Noes: None Absent: Gifford Abstain: None Findings: That the Land Use Element of the General Plan designates the site for "Administrative. Professional and Financial Commercial" uses and the proposed development is the expansion of a restaurant, a support use within this designation. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirementsof the California Environmental Quality Act under Class 1 (Existing Facilities). 3. That the proposal involves no physical improvements (195 sq.ft. addition) which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of development standards as they pertain to walls (surrounding the restaurant site), landscaping and lighting meets the purpose or intent of the development standards as they apply to restaurants and the required standards will not be achieved to any greater extent by strict compliance with those requirements if the Planning Commission approves this application, for the following reasons: • The existing physical characteristics of the site are not proposed to be altered. • Walls would adversely impact existing public views enjoyed from Newport Center Drive, Anacapa Drive and neighboring properties within Design Plaza, 16-321 City of Newport Beach Planning Commission Minutes January 23, 1997 INDEX That the same purpose or intent of the required walls surrounding the property to control noise can be achieved by the restrictions requiring the closing of door and windows in conjunction with live entertainment which will alleviate potential noise problems. The addition of landscaping would be at the rear of the property behind the building which would not enhance streetscape views from Newport Center Drive or Anocopa Drive. The existing parking lot lighting is not proposed to be altered; there have not been any past complaints related to lighting; and the same result can be achieved by the redirection of existing light sources. 5. The approval of Use Permit No. 3455 (Amended) will not, under the circumstances of the case; be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: • The existing parking is adequate to accommodate the proposed expansion and the remaining uses and the current on-site parking (within Design Plaza) remains available for the existing and proposed uses on a first come first served basis. • As a result of the conversion of the retail and office space to additional bar/restaurant use, the overall parking demand for the property will be increased but is offset by parking previously allocated to the former Good Earth Restaurant, based on a comparison of the parking requirements for those uses. • Adequate provision for vehicular traffic circulation currently exists in the common parking lot and no problems or complaints have arisen as a result of the existing unauthorized valet parking service arrangement. • The live entertainment, as limited by this approval is incidental and accessory to the primary restaurant use and will not result in noise impacts on surrounding properties and will alleviate the potential demand for police services in the area. • The proposal will not add a new liquor license to an aver -concentrated area, but allow the expansion of an existing business. • The expanded establishment is anticipated to operate in generally the same manner as the existing establishment which has resulted in a low number of police and Department of Alcoholic Beverage Control problems. Conditions: That development shall be in substantial conformance with the approved site plan, floor plans and elevations, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 3455 as approved on August 20, 1992, shall remain in force. 3. That the "net public orea" shall be limited to a maximum of 5,687 square feet (1,065 sq.ft. of courtyard dining and 4,622 sq.ft. of interior dining and bar/lounge area). 16-322 0 , 0 City of Newport Beach Planning Commission Minutes January 23, 1997 INDEX That a minimum of one parking space for each 50 sq.ft. of "net public area" (114 spaces) shall be provided on-site and within the adjacent parking areas located within Design Plaza. 4. That all restaurant employees shall be required to park on-site (within Design Plaza) at all times during the time which the restaurant is operating. 5. That during the daytime hours (prior to sunset), employees shall be directed to park within Parking Zone No. 5 as depicted in the Parking Zone Exhibit included in the excerpt of the Traffic and Parking Impact Study for Edwards Theater Triplex Addition (page 12). 6. That a valet parking plan shall be submitted to the City Traffic Engineer for review and approval prior to the continued use of the valet parking service. 7. That the hours of operation shall be limited to 5:00 a.m. to 2:00 a.m, daily, unless an amended use permit is approved by the Planning Commission. 8. That the area outside of the food establishment, including the public sidewalks or walkways, shall be maintained in a clean and orderly manner. That the operator shall be responsible for the clean-up of all on-site and off-site trash, garbage and litter generated by the use. 9. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 10. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 11. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department. 12. That a covered wash-out area for refuse containers and kitchen equipment shall be provided and the area shall drain directly into the sewer system unless otherwise approved by the Building Direcforand Public Works Director in conjunction with the approval of an alternative drainage plan. 13. That 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. 14. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when N 16-323 n City of Newport Beach Planning Commission Minutes January 23, 1997 0 being loaded or while being collected by the refuse collection agency. 15. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 16. That a Live Entertainment Permit and a Cafe Dance Permit shall be approved by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, to allow live entertainment and dancing as incidental and accessoryto the primary use of the facility as a restaurant. 17. That the live entertainment and pre-recorded music shall be limited so that the sound shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. That the noise generated by the live entertainment shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than 55 dBA at any property line. That the applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, unless otherwise approved by the Planning Director. 18. That any entertainment (live, disc jockey, etc.) provided shall not disturb any nearby business and shall not be audible outside of the building. 19. That the approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, as the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. Further, that any event which is contemplated not to operate with the sale or service of food and beverages as the principal purpose (i.e., cocktail reception or mixer), shall be subject to the approval of a special event permit issued by the Revenue Division and approved by the Police Department. Said special event permit shall be completed and submitted to the Revenue Division at least 30 days prior to the date of the event (unless other arrangements are made with the City Departments), to allow adequate time for the Police Department and other City Departments to review the application and to impose additional conditions of approval. 20. That this approval shall not be construed as permission to allow concerts or a theater/nightclub use as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 21. That no outside event shall be conducted unless in conjunction with the service of food. 22. That the live entertainment shall not be allowed within the second floor deck or walkway areas. INDEX 16-324 City of Newport Beach Planning Commission Minutes January 23, 1997 INDEX 23. That no temporary "sandwich" signs, balloons or similar temporary signs or attention attracting devices shall be permitted, either on-site (outside of the building) or off- site, to advertise the establishment, unless specifically permitted. 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. 24. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 25. That the project shall be designed to minimize light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system has been evaluated and the light sources redirected or shielded in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. 26. That no outside paging system shall be utilized in conjunction with this facility. 27. That the project shall comply with State Disabled Access requirements. 28. That the building shall be fire sprinklered to the satisfaction of the Building and Fire Departments as required by the Uniform Building Code unless otherwise waived by the Building Code Board of Appeals. 29. That 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 Building Department 30. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 31. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Additional Business a.J City Council Follow-up-Assistan er Sharon Wood reported at the Council meeting on January 13, 1997, the Pian ssion's decision on the World Oil application was called up for review with respect o n versus the monument sign and it will be heard by the Council on February 10, 19 [us 16-325 Attachment Q Public Comment Letters 16-326 Nova, Makana From: Brandt, Kim Sent: Wednesday, September 07, 2016 1:14 PM To: Nova, Makana Subject: FW: 150 Newport Center and the Museum House For the record. -----Original Message ----- From: Carol Strauss [mailto:mcstrauss@usa.net] Sent: Wednesday, September 07, 2016 12:43 PM To: Ramirez, Gregg; Brandt, Kim; Wisneski, Brenda; info@spon-newportbeachca.gov Subject: 150 Newport Center and the Museum House This monstrosity (Museum House) should NOT be allowed. The 524 apartments being readied in Newport Center are MORE than enough and we have an on-going drought. Most people who have lived in Newport Beach for some time do not want the zones changed and the atmosphere of the city changed. It seems like the developers can do whatever they want, change zoning and make Newport look like a big city. They should go some place else to do their damage. Please also adhere to the Planning Commission's recommendation about the 150 Newport Center ... if you go against their decision, then why even have a planning commission? Please listen to the residents of the city and try to HEAR what they are saying.... thank you 1 16-327 Nova, Makana From: Dave Middlemas <davemiddlemas@gmail.com> Sent: Wednesday, September 07, 2016 1:24 PM To: Dept - City Council; City Clerk's Office; info@lineinthesandpac.com Subject: Public Comments: 150 Newport Center This to inform you that I am opposed to the 2 residential projects that developers are trying to get approved in Newport Center. Furthermore , I have talked to many of my friends and neighbors , and not one of them is in favor of either project. We as citizens of Newport Beach do not want another Century City in our town --- we like it the way it is, and see absolutely no reason to change existing zoning to permit more residential development in Newport Center. All of us certainly hope and expect you to see things in the same light . thanks for your service to our city ! ! Dave Middlemas 5 Inverness Lane Newport Beach 16-328 1�) JEIVED Hilton COMMUNITY r r ��G t (-)01V'Lj s�! r rl1 , DEVELOPMENT �� yOp NEW'POY6 d GD JVl �N11 S l i z Tom' ES / Al ttlk b<AChl 0 C Ce'v"'� \['C'tV 5 LF -Ow l� , IO 'ii 1 s r5J^jD{'� lf' l ,� ` �'' 1 . ►-� j �"�'l1�"� Tit 41 f 0j,rI,hd Spamsur nfdhe C. S. 0[ymrpir Tem, ! �k ( ( r i O� r 1,t 4V INBOX EMAIL TO EDtTORO NEW PORTS EACH I NDY.COM PLANNING COMMISSION MEETING A WASTE OF TIME 1 attended the Planning Commission meeting on August 18th. I am sad to report that the commission failed to take into consideration the views expressed by all of the members of the community to keep 150 Newport Center Drive commer- cially zoned. As a matter of fact, if you look at the taped version, you will see Chair Kramer and Secretary ]ak holding a private conversation and laughing while two speakers from the community were respectfully giving their views. The only commissioner who wants 150 commer- cially zoned is Commissioner Weigand, who was outvoted. I felt the evening was a complete waste of my time. The Planning Commission made up their minds that they want residential housing at 150 NCD. They did not consider the viewpoints expressed by the residents. We are clearly not being represented by this group. I tried to think about living in the condos that are being proposed at 150. Here's what I think life is going to be like living at 150. At 11:30 p.m. when I am trying to STI t c- HAVC A STHE sleep, I might hear cheers from Mul- doon's patrons enjoying a sporting event. At 1 a.m. the Edward's Theater lets out, so there will be car doors slamming and lights and noise from the cars leaving the parking lot across the street at Design Plaza. Muldoon's closes at 2 a.m. so there will be more noise. So far I have not got- ten much sleep. At b a.m. beer and food trucks start their deliveries to Muldoon's. As well, the janitorial staff starts to arrive. I figure by this time, if I lived there, I would have gotten about four good hours of sleep. Obviously, I would not be happy . I think it is a shame that there is no one looking out for the "watering hole" of local residents where we share birthdays, wedding showers, bachelor parties, retire- ment parties and where we let our hair down to watch the Olympics and other sporting events. What a shame that the Planning Com- mission cannot see the merit of keeping this family owned business alive. Most of the restaurants in Fashion Island are chain restaurants. Isn't it refreshing to see a family owned business that's been in existence for 42 years thrive! I am concerned for Muldoon's future if the Planning Commission gets their way. I urge the City Council to keep 150 NCD commercially zoned. HOW TO CONTACT THE CITY COUNCIL Margaret Baldwin Corona del Mar On September 7, the Coastal Com- mission will most likely seal the fate of Orange County's last and largest piece of undeveloped coastal property, Banning Manch. There are myriad reasons why this piece of property should not be de- veloped: greatly increased traffic and pollution, existing drought conditions, environmental concerns of disposing of 2.8 million cubic yards of toxic soil due to the more than 500 oil wells which were erating on the property at one time, e logical concerns of preserving pre- cio coastal sage scrub, vernal pools, and the ost 100 species of birds and other precio s wildlife found there, not to mentio the preservation of local Indian burial g ounds. Whe Newport Beach amended the City's G eral Plan in 2006, the voters' intent w 's to make Banning Ranch a permane t open space. If acquisition of the land open space was not possible, owners c uld pursue development_ There not enough time to acquire the land a open space because develop- ers filed th it project plan with the City within tw weeks. Let's ho a that the California Coastal Commissi n sets the record right and disallows y development on the histori- cal Bannin Manch Property. Come a ,rly to Newport Beach Civic Center on ednesday, Sept. 7 to attend the hearin which is scheduled to start at 9 a.m. Show your support for maintain- ing the preservation of this last frontier. For more information, please visit ban- ningranciiconservancyorg. ie Forster, Vice President of Ban- ning Rar'ch Conservancy Newt16rt Beach Lorenz, ,ort Beach CONTINUED ON NEXT PAGE indicates term limsl District 1 District 2 District 3 District 4 District 5 District 6 District 7 Diane B. Dixon (2018) Irony Pettus (2016) Duffy Duffield (2028) Nevin Muldoon (2019) Ed Selich (2016*) Scott Peotter (2018) Keith Curry (2016*) Mayor Councilmember Councilmember Mayor Pro Tern Councllrnember Councilmember Councilmember ll4imrr�MnvporlBexhfa.em IPetrusQNewpodBanchiCa.gm O0wlhe1d0WwvABeachna guv KMiAdo @*wpw&achCa.go 7eoner@t 1WWd8eachCa,gov cus"prm.cum September 5, 2016 Makana Nova, Associate Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 (via email) Re: 150 Newport Center (PA2014-213) Dear Makana, I appreciate the hard work involved in generating the many pages of staff analysis regarding the 150 Newport Center application (PA2014-213), and must apologize for having not read all of it. Nonetheless, I wanted to bring your attention two problems I have noticed with the process: 1. Building Heights Incorrectly Measured? As you know, I disagree with staff's interpretation that a "Planned Community" designation can be used to exceed the maximum heights for the underlying land use(s) as specified in NBMC 20.30.060 — in the case of 150 Newport Center, an absolute maximum of 32 feet for flat -roofed RM structures, even within a PC. But whatever the correct limits may be, it seems there is now a misunderstanding even as to how heights are to be measured. In your presentations, you have said that if the sloping lot at 150 Newport Center were to be incorporated into PC -56, the building heights on it would be referenced to finished grade at the lot's highest point on Newport Center Drive, allowing a greater true building height, under a given limit, than with the conventional method. You base this on the diagram on page I I of the "North Newport Center Design Regulations" appended to the PC -56 text. I would suggest that diagram is merely illustrating how the actual rule in the PC text can be used, through artful design, to build to the maximum height on a sloping lot. That rule, on page 29 of the North Newport Center Planned Community Development Plan is: Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic I on page 34. It seems very clear this is saying that on a sloping lot the height is measured from the exterior finished grade at the building entrance. Although not labeled as clearly as it might have been, "Graphic 1 on paize 34" is presumably illustrate this, and the exceptions, by showing a "building height" being measured from a primary building entrance on the higher of two streets, even though the structure continues down below that to the lower level. The diagram you have cited on page 11 of the Design Regulations appears intended to further illustrate how the rule can be used to achieve greater than normal heights by depicting the ideas emphasized in Item j on pale 9 which says "New buildings on sites with sloping surfaces should be 16-332 Additional comments on 150 Newport Center - Jim Mosher (9/5/2016) Page 2 of 3 encouraged to utilize the existing terrain" and reiterates that "Entrances to motor courts and parking structures are not included in the measurement of building height." It does this by showing, again, how building height in PC -56 can (if the building is so designed) be measured from the "main" entrance on the higher street even when there is access from the lower street, as long as the latter is confined to motor courts and parking structure entries. While 150 Newport Center has its main parking entry at the low end of the lot (as recommended in the Design Regulations), it was not designed with its primary building entry at the high end of the lot. From all indications, the primary "building entrance" (and lobby) is on Anacapa, and the roof height has to be measured from the exterior finished grade at that point. In view of that, I presume the applicant may wish to reevaluate how a 5 story luxury condo structure can be fit within the stated height when the height reference point is properly assigned to the building entrance per the rules of PC -56. To use Newport Center Drive as the reference height, the building would have to be redesigned with its primary entrance there. 2. PC Denial Improperly Sent to Council without Appeal? Again I apologize for not reading the draft resolutions prior to the meeting, but the final paragraph of the September 1, 2016, staff report tells the Planning Commission that if it "believes that there are insufficient facts to support the project" (as it did), the option available to them is to "recommend denial of the application without prejudice" to the City Council. The Commission and public were further assured this was always the case when an application includes a request for the Council to undertake a "legislative act," but I would submit it has in fact never been the case in Newport Beach. While some cities may indeed follow such a procedure, and however logical it may seem, a "recommendation of denial" appears to me to be unprecedented in Newport Beach and wholly unsupported by any Council Policy or Code. Newport Beach City Council Policy K-1 (General Plan) specifically states (in Item A on page 1) that in the case of a requested General Plan Amendment, "the procedures for the conduct of the hearing [before the Planning Commission] shall be the same as those required by the Zoning Code for a code amendment." And Section 20.66.040 (Commission Recommendation), Subsection B (Denial by the Commission) of the Zoning Code is equally clear that "If the proposed amendment is denied by the Commission, no further action shall be taken, unless appealed to the Council in compliance with Chapter 20.64 (Appeals)." It might be noted that this procedure not only promotes a certain efficiency (by avoiding possibly unnecessary hearings), but it is consistent with state law, in which California Government Code Sections 65354.5 and 65856 require (in the case of General Plan and Zoning Code amendments, respectively) that there be a mechanism for appealing a planning commission denial to the council — something that would be unnecessary if the Council was required to hold a hearing on it anyway. It might be further noted that a review of past Newport Beach Planning Commission resolutions posted to the City's Laserfiche archive reveals many "Approvals," many "Recommendations of Approval," and many "Denials" (with and without prejudice), but no "Recommendations of Denial" (with and without prejudice). Moreover, the Resolutions of Denial generally put the applicant and 16-333 Additional comments on 150 Newport Center - Jim Mosher (9/5/2016) Page 3 of 3 public on notice as to the Planning Commission's decision and the mechanism for appeal, consistent with the Zoning Code. The most recent example involving denial of a GPA that I can find is Newport Beach Planning Commission Resolution 1845 denying the Mariner's Pointe proposal on June 23, 2011. Interested parties were simply informed of a 14 day window of appeal, and the only reason it was later heard (and overturned) by the Council was because it was appealed. It might be noted that the title block of the draft resolution of denial on page 178 of the present September 1, 2016, staff report is the same as the title block of Resolution 1845 (saying the Commission is denying the GPA), but by the final page it morphs into saying the Commission wants only to "recommend" denial. Again, there is no such thing as a Planning Commission "recommendation of denial" in Newport Beach. Council Policy K-1 proceeds to step "C. Public Hearing - City Council" only after step `B. Approval by Planning Commission - Resolution." And NBMC Section 20.66.040.B actually appears to prohibit such a recommendation, even if the Commission wanted to make one, by using the word "shall" to compel that "no further action shall be taken, unless appealed." In short, by asking the Commission's officers to sign a resolution passing a denial on to the Council without an appeal, staff appears to be asking those officers to take an unprecedented action unsupported by the City's longstanding laws, policies and past precedents. If staff has reasons for recommending such an unusual course of action for this application I would be curious to know what they are. If, on the contrary, a mistake was made, I would suggest a new resolution properly denying the requests and opening the appeal window be prepared for Commission consideration. Regarding both items above, it seems important to me that the existing rules and regulations be followed, not just because they are the rules, but to preserve the sense of a fair and impartial government applied equally and predictably to all. If they are onerous or illogical they can be changed, but they should not be ignored. Yours sincerely, Jim Mosher 2210 Private Road Newport Beach, CA 92660 cc: Kimberly Brandt, Community Development Director Brenda Wisneski, Deputy Director, Community Development Kory Kramer, Chair, Newport Beach Planning Commission Peter Zak, Secretary, Newport Beach Planning Commission 16-334 Nova, Makana From: Kathleen Pace <pacepediatric@yahoo.com> Sent: Wednesday, September 07, 2016 6:12 PM To: Dept - City Council; City Clerk's Office; Info@SPON-NewportBeach.org Subject: Public Comments: 150 Newport Center Do not vote for 150 Newport Center Complex. Kathleen Pace 92625 Zip Code Sent from my iPhone 16-335 Ramirez, Gre From: Pete Rabbitt <prabbitt41@gma!l.com> Sent: Sunday, September 1.8, 2016 11:14 AM To: Ramirez, Gregg; Brandt, Kim; info@lineinthesandpac.com Subject: Public Comments: Museum House Draft EIRse co vote a resounding NO to any more high rise condos including Museum House and car wash site Sent from my iPhone 16-336 Nova, Makana From: Peter Tennyson <ptennyson@cox.net> Sent: Wednesday, September 07, 2016 6:15 PM To: Dept - City Council; City Clerk's Office; Info@SPON-NewportBeach.org Subject: Public Comments: 150 Newport Center I heard the Planning Commission has voted to deny this project. Great! When it comes to you as it inevitably will, please remember that we the citizens do not want it. Do not re -zone this property to help a few would-be owners out or to do a developer a favor. I want you all to recognize that we your constituents do NOT want additional high rises of any type in Newport Center. Residential high rises are the worst. They block views and generate traffic. And If I wanted to live in LA or New York I would move there. And I use the car wash frequently—to lose it would be a big inconvenience and generate sales taxes for Costa Mesa. There is no good reason to destroy a low density neighborhood for the convenience of a few buyers of high end units. There is already a lot of property these people can buy. We do not need more condos or apartments in this area. Thanks for listening. Pete Tennyson 19 Monaco, Newport Beach 16-337 Nova, Makana From: Richard Wolpow <rwolpow@pocnettech.com> Sent: Wednesday, September 07, 2016 8:57 AM To: Dept - City Council; City Clerk's Office; info@lineinthesandpac.com Subject: Public Comments: 150 Newport Center Dear Council: As a resident of Newport Beach for the past 23 years, I think it has become appalling how you have allowed the increase residential saturation. More specifically, the new proposed residential high rise development in Newport Center, of which, the General Plan does not call for or allow. When is enough, enough ? My normal commuting has doubled already over the past few years and the increased population has diminished the quality of life in this town. We are not Miami Beach nor Huntington Beach.. Please let our beach community survive Respectfully, Richard A. Wolpow 16-338 September 5, 2016 Dear Ms. Nova, I would like to request that you enter documentation into the administrative record of the 150 Newport Center Dr. project that I incorporate the August 31, 2016 and June 22, 2016 comment letters of Committee of Concerned Residents, signed by Bob Rush, into my own comments on this project. I will also send you a hard copy of this letter in addition to this copy being sent by Email. I would appreciate confirmation that you have received this. Thank you, Susan Skinner 2042 Port Provence Place Newport Beach, CA 92660 16-339 Attachment R Project Rendering 16-340 M1 #_- � 7 -7;,z I Wy., INN Pao MR t t i`r S '..H.• � � � ' r R,4: N �'• ,}, -..7 '1 •�� .. ,',, •� 1 � _ ��. � ."• ~� I .. ,r'f .`Vi'�. .'�''�. �.J ys •.; � C Fa , �. ,] - 'vr �'+-� .. •�. •.�j#+'15 �'y- a , v• .- t ♦� d. �'a' �T V ' i!', i �O. �I - - 1• 1 ig ' p,. '+:'.'y,)^_ _: 'T .'+'f : 4 �,t. 'S" \ -� t.c r - 'n"'J��, . > _ - ' r i*Iti.,�: - _ �~°'r^ � ;-rj`' • .yh rt ry�Iy � 1 _ •, • ' f � � �� r. y. .wt . t;, ;fh. .,,� 'ti. �,,� ± ��. •'�w. � � 5` t... p ' i _ „ r r �'17 . __ ,' :; .��*'� �� •A f' is F +� i �' , o.. = ' .. is �y. �.•r. •ak� r � ` r 4 -, � +' .r'� i.�.a� tll v.r,... Ar,, f ' •r- - M'� rN.� � �,1 �, a•.�• 1 °�- j • r .w i • .. `-� � Fye � ' - '. - f7 � i •�-y. ;` �r: i 1 I •� y 4, a 'r �4' � :. , ��tf �yr i 6 � ��,��y/��{r ,� •yi'rl '1 IA fiW Am •.0 + • 1 - - �• is--•-�,...� •.' � `�-�__.. - - .>_'�---•.-� ��L_j-L_. - f.° -'n � f _ .r mac. - � � 3 it`}`. .i*:.'. --_ .. _ - •s -c .. - .. f, �_ - - � .. _ _ __ - � - _ =„ .. - •� �= r � -' �^'" - � =-� fit,.. -, " _ _ - -r.-�` _ _ - - _ -.Jr. 16-341 Attachment S Site Photos 16-342 Car Wash Operation at Subject Property viewed from south entrance SNI!, 1041ii 4,A �40�{ • ��' '.+r,,. -.yam �'.N�r. �� - -. �. /ren �,� �, ` jyA•r- sYStreet view along tr — 4� ryi � N6 Attachment T Project Plans 16-345 lulu/d 150 Newport Center Newport Beach, CA + P A R T N E R S I Note: Desiqn Subiect To C416IkylZ.9[Ilia I 150 NEWPORT CENTER DRIVE 09.15.2016 A0.0. 9/15/2016 3:33:18 PM 16-346 PROJECT SUMMARY TOTAL PROPOSED GROSS FLOOR AREA: RESIDENTIAL: 131,878 SF (2.41 x LOT AREA) MULTI -STORY PROJECT PROJECT DESCRIPTION DWELLING UNIT& 2 Bedroom 5 Units THE PROJECT CONSISTS OF (1) MULT-STORY RESIDENTIAL BUILDING. 3 Bedroom 30 Units 5 STORIES OF RESIDENTIAL Total 35 Units 2 LEVELS OF UNDERGROUND PARKING BUILDING SHALL BE COMPLETELY SPRINKLERED. OPEN SPACEn REQUIRED BUILDING CODE: CALIFORNIA BUILDING CODE 2013 COMMON OPEN SPACE 75 SF/UNIT 3,375 SF OCCUPANCY TYPE: R-2 PRIVATE OPEN SPACE 30 SF PER 1,350 SF BUILDING TYPE OF CONSTRUCTION: EACH UNIT TOTAL REQUIRED 4,725 SF TYPE I -A - FULLY SPRINKLERED GOVERNING AGENCY: PROVIDED CITY OF NEWPORT BEACH COMMON OUTDOOR OPEN SPACE 8,351 SF LOT COVERAGE: COMMON INDOOR OPEN SPACE 3,472 SF PRIVATE OPEN SPACE 11,963 SF LOT AREA (prior to dedications): 54,686 SF LOT AREA 17 UNIT INSTANCES (after dedications plus setbacks): 47,592 SF TOTAL PROVIDED 235786 SF BUILDABLE AREA: 47,592 SF BUILDING FOOTPRINT: 30,115 SF SETBACKS: LOT COVERAGE: 55% PROVIDED ABOVE PODIUM BELOW PODIUM ANACAPA FRONTAGE - 22.5 FT 15 FT BUILDING DEPARTMENT GROSS FLOOR AREA: 1ST FLOOR AREA: 30,115 SF NEWPORT CENTER DR - 24 FT 15 FT 2ND FLOOR AREA: 27,815 SF WESTERN PRTY LINE - 15 FT 0 FT 3RD FLOOR AREA: 27,815 SF SOUTHERN PRTY LINE - 22 FT 7 FT 4TH FLOOR AREA: 27,815 SF *NOTE: ARCHITECTURAL PROJECTIONS ARE ALLOWED TO PROJECT 5TH FLOOR AREA: 18,317 SF 30" INTO SETBACK AREAS TOTAL 131,878 SF GROSS FLOOR AREA: 131,878 SF PARKING GARAGE GBA: 87,298 SF PROJECT SALEABLE AREA: 100,514 SF PARKING: REQUIRED RESIDENTIAL 70 STALLS VISITOR 18 STALLS PROVIDED RESIDENTIAL 70 STALLS VISITOR 18 STALLS (INCLUDES IADA STALL ATLEVEL Bl) MW -I- P A R T H E R S 150 Newport Center Newport Beach, CA Note: Desiqn Subiect To Chanqe NEWPORT CE -N I`EIR I)RI I (15Y '/.YpE tlU6LIC Rpli 6 AY] ro f� % � � Y RTYLINE r� REQUIRED PROPERTY LINE SET &ACK BASEMENT FOOTPRINT i 1 a- i- � T fy I . - Iii 1 _ I _4 �I - i A � i i I i i i I 1 3'=°" LANDSCAPE PLANTER ' 1 ALONG GARAGE WALL UNDER CANTILEVERED PODIUM ' o�°GSri9P.C+� A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER PARCEL A P-M..B. 76132 U 30' 60' --i -- — — — -ems 120' SITE PLAN & PROJECT SUMMARY PF RE SE BASEMENT FOOTPRINT ENTRYAIALET CANOPY 3'-U' SETBACK FROM PROPERTY LINE PORTE-COCHERE CANOPY ENCROACHES BUILDING SETBACK BY 12'-0" - EXISTING 3' SIDEWALK EASEMENT S iOPERTY LINL Y — REQUIRED PROPERTY %'LINE SETBACK 1 BASEMENT FOOTPRINT T Roe NMTH �lROJtC1 240' L109TH As Indlcaied A0.1 8/24/201t 16-347 10 � I � IMii�iir'ol;�l4A �rl�if■uaf© iw ■ � -MIMMM■p!A IM!!!!!i- � _ 1 ! 1 �q I �I:�1 ■!1 j■ 1!■ I�If■ m� Mm �11�1 ■!1I n. ■ Xi Iloi ■ �! ■�.� �i, ■ - - — 1!■ Ig■I■ 1�1_Ig■ISI■■lilg■1■1■rllig■lmi■ml=l ■I■11 ■!1 �lil■ irk ■■■ rL_Jirr■■mill!■r■■■Ir■■L—Emil ■r■ wi IMS■ Ir■■ !!■■1■1■glii■1■1■Alil■Y!•I■gl=Emlj g■rl ■lowl M'g■ gi■g �r■!��m�i r�� Mmm�i Emig ■.a �57 • i fl F� Ili■ !Ir__-------- —7lll i71 ! . ■ mm d 11M 1=1 all Ems ` + � 1!■1 nil I!n 1■!1 .lei■ ■ilc,.- �._ �� - I cw�r�rrcr': ■■l ��! ■i iiryp� 1 ll �� y� ■�i'3le.I�1lf��s .agmen of i,o�la�sln�na� �L, mar I ColAi9lrp■ti.1� �'� i � �� I��ss11w1Alllw•��•�l■IIY�r�l� i►i rl Js I auwJx,rx.' f�■il�%xfl 1p 1 tL _�I �!� `_rilm flmi�s�l�lEJQI�S �I�gO� � � � I rTr � 1_ � _� � i �� ■■rri��i— _x-..:srp� .�IYdnr..-l]I ____� ��I�r,.'r-,"�7■�i■i"'�rlr ".'^..". r■■r'�i'iiPrww�_ :. � Im�l� �� _---� .: Yy IY Yv r. aMr■Irr■rrl� i�i��wrr■r■rr■e*�'�.i !' , r � ■ � ��«�1 i"j'�p��-� � � - �a . ■!�a +�.o� �' ter• ig■i o.�� . W IV � ,.7� .C7'7 � wniriJMrl l IG: = ice, _ j des ■■ Y. _ I I �� _ ! _ . '� -------KIWI 1Z➢ -+PF Lin L�_. �.. rcr.. a -rl' xiA • s•'� ' , elY t.1 - _W d X 4�•� � � _ . � �1�� 1 �- IY c • iL r . , ��_._- ,. - ,_• .. ,.' -. A a: Jam. ROOM LEGEND 0 2 Bedroom 0 3 Bedroom o Concierge o Lobby o Lounge o Mail Room 12 11 10 9I 8 7 6 5 4 3 2 1 A3.2 A:' 30'-0" 30'4" 30'-0" 30'-0" 30'-0' 30'-0' 30'-0' 30'-0' 30'-0' I I I I I I I I I I I A�IAC PA DRIVE EXISTING T SIDEWALK EASEMENT SVI TALLS PARKING o r; I I I I I of � I I I I I I /-----——----- d° ---- —pL—--------—---—-- de 7 w PROPERTY LINE — — — — — — — — — — — — Valet Drop off — ° — — — — — — — — — — r - T - rf Covered Walkway Covered Walkway 12'-0" �3 Bedroom— Q I 3309 SF Loung� Concierge 1 2309 SFI 1 1077 SF I Mail Room I 1233 SF Z I Lobby 2090 SF W -X24'.0 —— — m— —�— —�— — BLDG SETBACK — Sim O Ass PL .i e. Ez �I 1 -3 3 0 - - Z I , I , I � tj I I I 3 Bedroom #2 2 Bedroo 2 Bedroom 2 Bedroom 2185 SF 11 #3I � I#4I I#5 2561 SFI 2327 SF 1 2560 SF 7 — - F p—T _7 - 7 1� it I I I I I I 1:- -:L- o o REFERENCEI.AND3C�— / w DRAWINGS — 7-----T-----T-----7-- PC--r-----7-----r------7 T-0" LANDSCAPE PLANTER ALONG SETBACK GARAGE WALL MW 150 Newport Center Newport Beach, CA + P A R T N E R S Note: Design Subiect To Change 0' 3 Bedroom #7 I I 3282 SF I I II II I 1I —27-0 — -4— BLDG SETBACK _ I E- I IPL I D W W I II m c ��♦�— y W 3 Bedroom #6 2178 SF II C7 0 El — —�— -- I I I 16' 32' 64' I911z•3 »We101a11101xaI 128' 24-0^ E Al 1j PROJECT NORTH TRUE NORTH 1 1/16" = 1'-0" A1.1 8/24/201t 16-349 ROOM LEGEND 0 3 Bedroom 30'-0" 30'-0' 30'-0' 30'-0' 30'-0' 30'-0' 30'-0' 30'-0' 30'-0' 30'-0" 30'-0" I I I I I I I I I I I I ADAC PA DRIV� I I I I I I I I I I I I PROPERTY LINE m I I � — 1 I 3 Bedroom 8 I Q I #9 3 Bedroom 3 Bedroom 3 Bedroom I o 3028 SF #8 #15 #14 1 19'-9" I 231"F 2319 SF 3019 SF o Z1 BLDG SETBACK O I D — /---r-24%0" -0U BLDG SETBACK m BLDG SETBACK I A3.3 3 �PL o MAI= _ IPL Z 1 --�-�-- -- - - - - - - - - - - - I - I I o Bedroom 3 Bedroom 3 Bedroom 3 Boroom 1 2585 SF #11 #12 13 1 4289 SF 1 4290 SF 2 F AaA I e I 1 I 1 ® fl m �I - _-_ _-_ _-_ - --�= ---� -_-_-_----- ----_ � T T r— PC r � r � T � I 15'-0' SETBACK MW -M- P A R T H E R S 150 Newport Center Newport Beach, CA Note: Desiqn Subiect To Chanqe 0' 16' 32' 64' 1911.1•]:»WARM II WTI NI►j PROJECT NORTH TRUE NORTH NORTH e) 128' 1/16" = 1'-0" A1.2 8/24/201t 16-350 ROOM LEGEND 0 3 Bedroom 30'-0' 30'-0' 30'-0' 30'-0' 301-0' 30'-0' 30'-0' 30'-0' 30'-0" 30'-0" 30'-0" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I m I I I I I I I 1 I I I I II i I I I I I I I I I II I I I 3 Bedroom 3 Bedrocjm 3 E{edroom 3 Bedroojn #17 #16 #23 #22 I 3028 SF 2318 SIS 21319 SF 3019 SP ——I�24'0"I — — —,— — — �— —�— —�— —�— — ' BLDG SETBACK A35 s'mI 757q Tir I BLDG SETBACK I IPL 1 I I I I I I I T T T II I 3Bdrom 2557 SF / 3 Bedroom 3 Bedroom 3 BedrooI-Zm Ki — — — — 82 #19 — #20 — — — X 2582 SF 4286 SF 4287 SF I I -7-----T----- r -----r----- �PC--r----7-----r-----7-----T-----� SETBACK I I I I I I I I I I I I MW 150 Newport Center Newport Beach, CA + P A R T N E R S I Note: Desiqn Subiect To 0' 16' 32' 64' 1911.1•]:»WARM Ilky/N Wi PROPERTY LINE 128' PROJECT NORTH TRUE NORTH 1/16" = 1'-0" A1.3 8/24/201(, 16-351 ROOM LEGEND 0 2 Bedroom 0 3 Bedroom o Mechanical I I I I I I I 12 11 10 I I II I I i I I I I I I3 Bedroom 1 #2S 3021SF I ——I�24'-B" r BLDG SETBACK 1 I I I1 I 1 I I 1 I 1 I 3 Bed om 9 8 1 1 6 5 4 3 2 1 A3.2 A3.1 I I I I I I I I I I I I I I I I I I I I I I I I I I I N I I I I I I I I I I I I I I II I I 3 Bedroo� V. - Bedroom 3 B 3r0oom #24 I I 1 1 2748 SF 3Q12 SF 2747 SF BLDG SETBACK D A3.3 r — _ — — — — — 3 Bedroom I �/ I #29 I I I#26 I I I POOL ABOVE 2557 SF 2582 F 1 2 Bedro0 _ _ Mechanical _ 2 Bedroom 1 I #27 1 2597 SF #28 — —2540 S� — � — —�� — � 2540 Ste— — � — � — r — — — A3.a 1 i T T r 1 1 1 I I --—T-----'T-----�---- I MW 150 Newport Center Newport Beach, CA + P A R T N E R S I Note: Desiqn Subiect To - --_- -_--- �_-- - r -r - --7- 0' 16' 32' 1911.1•]:»WARM 10/:111 IKA! 64' 128' PROJECT NORTH TRUE NORTH 1/16" = 1'-0" „l.4 8/24/2016 2:32:09 PM 16-352 ROOM LEGEND 0 3 Bedroom Clubroom o Fitness 30'-01 30'-0" 30'-0" T 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 301-0" 30'-0" 30'-0" I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I —7 ----- — ¢— ----- ----- ----- —pL— ----- ---- ----- ---- L U JI N J JI L JI Lki I II II J II I I I I I I 3 Bedroom Fitness Clubroom 3 Bedroor�l #32 1736 SIF 1736 SF #34 r I 2878 SF 2885 SF I I II II II III – – –I�24-0 I – – – – – – – – rt I 22'-0". –,1 BLDG SETBACK II BLDG SETBACK IPL - - I II II � 1 I I 1 I II II I I I I I I I I I J 1 3 Bedroom 2911 SF 1 II I I I I -----T-----T-----�---- 15'-0" SETBACK MW + P A R T N E R S 150 Newport Center Newport Beach, CA Note: Design Subiect To Chanqe PL DN IiIF 1 – IL II III I I UP REFERENCE LANDSCAPE up ,, IJ II DN DRAWINGS DN 3 Bedroom #35 I N1 1 2907 SF I I I I I I I I - �- �- b• 6 I 'PC- 7- --- ----- ---- ----- r------�1 I I I I I I I 0' 16' 32' 64' 1911619329W.Al101:100 PROPERTY LINE PROJECT NORTH TRUE NORTH NORTH 128' (D 1/16" = 1'-0" „l. b 8/24/2016 2:32:09 PM 16-353 12 11 10 9 8 7 6 2 5 4 3 2 1 A1.0.1 I I I I I I I I I I I I A�ACAPA DRIV� I I I I I I I I I I I I PROPERTY LINE -------------------------pL----------------- -- I I _1 I � I D � I I � I Z U I � I I O a 3 IPL Z I � 1 1 � I I � 1 � 1 � I� V - j I � I I --7^----T^----T----------7—p[---r----7-----r-----7 3'-0" LANDSCAPE PLANTER ALONG I I I GARAGE WALL z A1.0.1 --T------7 ------- d - 0' 3L H m N Lu J M R R M ROO)))>6 "0' - 66 n 09, 09'- 6" 6,. V Level" � 98'- 6"ZI - ' 87 6 87' - 6" V Level" n 76 _ 6"ZI Grad 70' - 0 ll Le 1 65'-6" _ B1 54' _ 6,� B" 50 43' - 6" V Parking Schedule - Type Type Count RES -ACC -REG 9'-0" x 18'-0" 3 Residential (Primary) - 19'-0" x 8'-6" 170 Visitor Parking - 17'-0" x 8'-6" 118 Grand total: 91 91 PROJECT NORTH TRUE NORTH 16' 32' 64' 128' A, indicateO A1.0.1 9/15/2016 2:46:48 PM 16-354 150 Newport CenterMW FLOOR PLAN —LEVEL B1 Newport Beach, CA Note: Design Subject To Change + P A R T N E R S 9/15/2016 2:46:48 PM 16-354 12 11 10 9 8 7 6 5 4 3 2 2 Al.o.i I I I I I I I I I I I A�ACAPA DRIV� I I I I I I I I I I I I I I I I I I I I _> I � I Z 1 I 1 � 1 O � a � IPL I I Z I I 1 ' 1 ' I II I 1 ' 1 ' I f 1 i I i 3'-0" LANDSCAPE PLANTER ALONG GARAGE WALL 2 Ato.� 0' 16' 32' mRffi 150 Newport Center Newport Beach, CA + P A R T N E R S Note: Desiqn Subiect To Chanqe 64' PROPERTY LINE 'L A.5 A.7 Parking Schedule - Type Type Count RES -ACC -REG 9'-0" x 18'-0" 3 Residential (Primary) - 19'-0" x 8'-6" 170 Visitor Parking - 17'-0" x 8'-6" 118 Grand total: 91 PROJECT NORTH JTRUE NORTH 128' 1/16" = 1'-0" 91 A1.0.2 9/15/2016 4:00:33 PM 16-355 -=If god�jam ' ` titMill, � Ifa � �� ,:��, _ .._._,.a, �.,:,. m it Ia�lrll■ I �,,,'= FUSCOE E N G I N E E R I N G fv 11 u,. uI, th irk,., 16795 Von Kaman, Suite 100 Irvine, California 92606 tel 949.474.1960 fax 949.474.53 15 www.fuscoe.corn MW BENCHMARK DESIGNATION: ORANGE COUNTY SURVEYOR BENCH MARK "3S-45-79" ADJ. ELEV. = 281.761' MONUMENT RECOVERY: FD. 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3S-45-99" SET IN THE TOP NORTHERLY CORNER OF A 4' BY 8' CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE EASTERLY CORNER OF THE INTERSECTION OF MACARTHUR BOULEVARD AND SAN JOAQUIN HILLS ROAD, 70' SOUTHEASTERLY OF THE CENTERLINE OF MACARTHUR BOULEVARD AND 135' NORTHEASTERLY OF THE CENTERLINE OF SAN JOAQUIN HILLS ROAD. MONUMENT IS SET LEVEL WITH THE SIDEWALK. Newport Center Condominiums Newport Beach, CA + P A R T N E R S I Note: TO EARTHWORK RAWCUT 51,600 CY RAWFILL 0 CY EXPORT 51,600 CY CONCEPTUAL GRADING PLAN NOTES: 1. ANACAPA DRIVE STREET IMPROVEMENTS PLANS TO BE PREPARED DURING CONSTRUCTION DOCUMENT PHASE 2. CURB, GUTTER & SIDEWALK ALONG NEWPORT CENTER DRIVE AND ANACAPA DRIVE TO BE RECONSTRUCTED AS DETERMINED BY PUBLIC WORKS 3. ANACAPA DRIVE AND NEWPORT CENTER DRIVE EAST ARE ON THE CITY'S STREET—CUT MORATORIUM LIST. TRENCHING/DAMAGE TO SAID STREET WILL REQUIRE EXTENSIVE STREET REPAIR PER CITY STANDARD STD-105—L—F 4. APPLICANT SHALL ESTABLISH SURVEY POINTS WITHIN THE PUBLIC RIGHT—OF—WAY ALONG THE PROJECT FRONTAGES OF ANACAPA DRIVE AND NEWPORT CENTER DRIVE EAST TO MONITOR MOVEMENT OF CITY FACILITIES (UTILITIES, SIDEWALK, STREET, ETC) DUE TO THE CONSTRUCTION OF THE PROPOSED PROJECT. ANY DAMAGE TO SAID CITY FACILITIES SHALL BE REPAIRED AT THE PROJECT SOLE EXPENSE. LEGEND BLDG BUILDING BW BACK OF WALK OF CURB FACE EX. EXISTING FL FLOW LINE FF FINISH FLOOR FS FINISH SURFACE GB GRADE BREAK H HEIGHT INV INVERT LVL LEVEL MIN MINIMUM PD PODIUM PL PROPERTY LINE POC POINT OF CONNECTION R/W RIGHT OF WAY SMH SEWER MANHOLE TC TOP OF CURB TW TDP OF WALL TGR TOP OF GUARDRAIL UG UNDERGROUND 20' 0' 10' 20' 40' SCALE: 1" = 20' C1.0 16-358 I I � I J' '. _.'-,_ _,� ,,,.. -_ •= EX. 4" WATER PER - - - ;a — 21 RESUB No. 282 ± 157.791NV +153.041NV 6"SS lem ��-- � � —•=�zw I 1 1,52 17 8"SS wz ANACAPA DRIVE w11 PER RESUB N0. 282 =ss ='-\- EX 8 SEWER PER Q (S=0.01) _ RESUB No. zaz PROP. _s' sEwE " Fa 1 158.341NV-IN (S=0.0380) 14 153.5511 5=0.0 E ELECTRIC VA LT - -- --- _\ - 153.551NV OUT x o--- 14±(1.58.241NV-OUT) - — �e I - cisu rrsu I. - - - tfs_- -asul EISL _ I y� _— _ — _ _ � /� Ili _ — —,—TT--I�-- — _ T I I 0 W I , I VII■ Uj 24 I L� I I EX 12'ACP PER I TRACT NO. 6015 ■ JOB NO. 65852 21 EX. 15" SEWERIPER TRACT NO. 601 - -- JOB NO. 65852 E7 - (S=0,0328) I I i - ur III EX. FH PER - - TRACT NO. 6015 I ■ I JOB NO. 65852 I _ ((( �� I ROP, 8" SEWER 13S=0.02 ��'- r EX. ELECTRIC VAULT II %E 155.221 NV W w EX. 8' SEWER PER j I TRACT NO. 6015 �I 156.631NV U'JOB N0. 65852 7 'v B"SS 13 ■ (S=0.0132) 14156.201NV-IN "( 8SS6.101NV- UT) 33 A i I EX. 12 WATER PER TRACT NO. 6015 JOB NO. 65852 I\ IRESUB NO. 282 SEWER CONSTRUCTION NOTES EXISTING SEWER LATERAL TO BE REUSED - CONSTRUCT MANHOLE PER CITY STD ■ ■ ■ WATER CONSTRUCTION NOTES 11 401-L. FIELD VERIFY EXISTING SEWER LATERAL LOCATION & CCTV TO CHECK THE 21 EXISTING WATER SERVICE TO BE ABANDONED AT MAIN IN 33 12PROP. 6"S-0 02 SWEB "S5 3.551 NV ON ank , c ( -I - L J . - ITs. ■ C RESERVATION FOR FUTURE PEDESTRIAN USE TO BE REMOVED": (d7;I IN■ ■ ■ .. I�,,:uW'M1III[ .—r H.w EX. 2 WATER METER SERVICE PER ANNI_ — �EX. 8" WATER PER RESUB NO. 368 _ - — — RESUB NO. 368 A c K3 A A m , z , A o / /A w -n1111 = FUSCOE E N G I N E E R I N G )'u l( o,. ole I io k ing 26 PROPOSED 6" ABOVE GROUND TRU%FLO COMPOUND METER/BACKFLOW ASSEMBLY 27 PROPOSED 8" DOUBLE CHECK DETECTOR ASSEMBLY 28 PROPOSED POST INDICATOR VALVE 29 PROPOSED FIRE DEPARTMENT CONNECTION 16795 Yon Kaman, Suite 100 Newport Center Condominiums Irvine, California 92606 Newport Beach, CA tel 949.474.1960 fax 949.474.53 15 www.fuscoe.com + P A R T N E R S Note: Conceptual Design Package Subject To Change STORM DRAIN CONSTRUCTION NOTES 31 CONNECT TO EXISTING PRIVATE CATCH BASIN 32 PROPOSED MODULAR WETLAND UNIT FOR STORM WATER TREATMENT 33 PROPOSED AREA DRAIN A A �✓ QP IU � l�� I 146.461NV—IN / , i i 151 331NV A / (I51 13tNV OU) / A EX_ PRIVATE CA CH B SiAJ / A CONCEPTUAL UTILITY PLAN CITY OF NEWPORT BEACH UTILITIES DEPARTMENT FIRE HVDRANT FLOW TEST .AMOUNT PAID; $341911 DATE. O?2N2tll.r CIIECX, h0. NIA . ------ ^-_ IMI e—o0 AJ; TEST NO: NA WEATHER: CLEAR PROJECT. PROJECT I OCATION A\n(APA DRIVE AND NBWPOIC CEN'I Ii DRIVE TI Sr voNi TT?Dl Oit;. PUSCOE E\(INE121UNG 'rLST PERFORMED BY, BULLMAIN1UCER '1T ST WITNFSSFD Hy. FIELD OBSERVATIONS AND FLOW DATA STATIC HYDRANT 1298 LOCATII 143 NEWPORT CENTER DRIVE FII AIANDFACTL'RER, JONES NUMBER&SIZE O)OU i LETS. 125'1-I^ STA�I 1C PRESSURE IP Fal PRI fi09. 17 RLSIDLAL PRESSURE.(Pr,psi)FLOWIYO II4 _ PLOW HIDRAN'1' 1r. 1102 RWAIIOF In NMKWICJ4NIF1 I\•I' F1IMANUFACTURER. IOI NUMBEt&SIZE Of OLTLETS: �'S' 1 ' STATIC PRESSURE, RL PRL FLOW 11NI O ONLY. NOT FOR TEST CAL(5) P:1{1JUFI LI FILE1�4r, 49). 27 PLCIW 1055 COISFFICIENT TC$E C=E0. I HUTT C fill9 0.9 1'1101 C AU(t RiiADf 4C 1 P. Pxi ): 9} ObXA\ ID fI00'.'Il Il ONYIJYVP:I] F OR 1 xl)Ai A I I]'D OF r U1 I! GT IS ( LLI Lt_4TliD Fx(.)U TIIG Ja)IauvYxNfu,uuoN 'T9 63(Cd 1�rp \WIIIRI Q x 1 IIJ71 Luli.DPLC\tlNfPkIIF'FIII DIRIIDm.%i milk IN mrJlEl; J 14IU1. 1FITIOAtk;6 URIC aw iv kQ: AFD L I Y'tlLfll]\\ W Ytpi2'1v1t11'Nl -'' IaIYI(ti et\ r[=aiSakD' .. 1; NEIN HVI,T f --Erns w \Di*.GS). OBSERVED FLOW (Qs RIP.); 11+27 OI M D3[Il l EYll'S rll}IJISIJ{iNGh IORAf:IVH4 fJw 114DAi4'I'C1\HL DyM1}J[ktNhb}k(],U •(21H C'bIJAJ\1'LYL LQI IlIION LSINE: T Jr. ]NI DAL , 5J ATIC) 1XAIUR VAE15LT1C ,MUTT finaDl 4(DYNAtIICj. tP \ FIA I RI S5[:RP; tWtlilu Q ON AfIC OR H151J- AJ. II]TIII 1'1al\C'INr141AND P i NI'M COR RF.SIDCA,j ISTHE IIV-SUw INISI. NMI \It>P51 Dat9 t]RCQG11fPJ)FEINt \IJD'I(]l' C.11.CUI•ATFI) FE.OW AT 20 psn (Qr, Rpm): 7916 RPM NOTES: 1. EXISTING UNDERGROUND UTILITIES AND IMPROVEMENTS ARE SHOWN IN THEIR APPROXIMATE LOCATIONS BASED UPON RECORD INFORMATION AVAILABLE AT THE TIME OF PREPARATION OF PLANS. LOCATIONS HAVE NOT BEEN VERIFIED IN THE FIELD. 2. ALL EXISTING WATER SERVICES THAT ARE NOT BEING REUSED SHALL BE ABANDONED AT THE MAIN. LEGEND: CONDITIONS OF LATERALS PRIOR TO CONSTRUCTION. IF SUBSTANDARD, LATERAL SHALL EXISTING INV INVERT PROP. PROPOSED BE RECONSTRUCTED. 22 PROPOSED 2" IRRIGATION METER & SERVICE 12 PROPOSED 6" SEWER LATERAL PER STD -406—L 23 PROPOSED 6" DOMESTIC SERVICE 13 PROPOSED 8" SEWER LATERAL 24 PROPOSED 8" FIRE SERVICE 14 MANHOLE PER STD 401—L 25 PR OPDSED 2" IRRIGATION BACKFLOW -n1111 = FUSCOE E N G I N E E R I N G )'u l( o,. ole I io k ing 26 PROPOSED 6" ABOVE GROUND TRU%FLO COMPOUND METER/BACKFLOW ASSEMBLY 27 PROPOSED 8" DOUBLE CHECK DETECTOR ASSEMBLY 28 PROPOSED POST INDICATOR VALVE 29 PROPOSED FIRE DEPARTMENT CONNECTION 16795 Yon Kaman, Suite 100 Newport Center Condominiums Irvine, California 92606 Newport Beach, CA tel 949.474.1960 fax 949.474.53 15 www.fuscoe.com + P A R T N E R S Note: Conceptual Design Package Subject To Change STORM DRAIN CONSTRUCTION NOTES 31 CONNECT TO EXISTING PRIVATE CATCH BASIN 32 PROPOSED MODULAR WETLAND UNIT FOR STORM WATER TREATMENT 33 PROPOSED AREA DRAIN A A �✓ QP IU � l�� I 146.461NV—IN / , i i 151 331NV A / (I51 13tNV OU) / A EX_ PRIVATE CA CH B SiAJ / A CONCEPTUAL UTILITY PLAN CITY OF NEWPORT BEACH UTILITIES DEPARTMENT FIRE HVDRANT FLOW TEST .AMOUNT PAID; $341911 DATE. O?2N2tll.r CIIECX, h0. NIA . ------ ^-_ IMI e—o0 AJ; TEST NO: NA WEATHER: CLEAR PROJECT. PROJECT I OCATION A\n(APA DRIVE AND NBWPOIC CEN'I Ii DRIVE TI Sr voNi TT?Dl Oit;. PUSCOE E\(INE121UNG 'rLST PERFORMED BY, BULLMAIN1UCER '1T ST WITNFSSFD Hy. FIELD OBSERVATIONS AND FLOW DATA STATIC HYDRANT 1298 LOCATII 143 NEWPORT CENTER DRIVE FII AIANDFACTL'RER, JONES NUMBER&SIZE O)OU i LETS. 125'1-I^ STA�I 1C PRESSURE IP Fal PRI fi09. 17 RLSIDLAL PRESSURE.(Pr,psi)FLOWIYO II4 _ PLOW HIDRAN'1' 1r. 1102 RWAIIOF In NMKWICJ4NIF1 I\•I' F1IMANUFACTURER. IOI NUMBEt&SIZE Of OLTLETS: �'S' 1 ' STATIC PRESSURE, RL PRL FLOW 11NI O ONLY. NOT FOR TEST CAL(5) P:1{1JUFI LI FILE1�4r, 49). 27 PLCIW 1055 COISFFICIENT TC$E C=E0. I HUTT C fill9 0.9 1'1101 C AU(t RiiADf 4C 1 P. Pxi ): 9} ObXA\ ID fI00'.'Il Il ONYIJYVP:I] F OR 1 xl)Ai A I I]'D OF r U1 I! GT IS ( LLI Lt_4TliD Fx(.)U TIIG Ja)IauvYxNfu,uuoN 'T9 63(Cd 1�rp \WIIIRI Q x 1 IIJ71 Luli.DPLC\tlNfPkIIF'FIII DIRIIDm.%i milk IN mrJlEl; J 14IU1. 1FITIOAtk;6 URIC aw iv kQ: AFD L I Y'tlLfll]\\ W Ytpi2'1v1t11'Nl -'' IaIYI(ti et\ r[=aiSakD' .. 1; NEIN HVI,T f --Erns w \Di*.GS). OBSERVED FLOW (Qs RIP.); 11+27 OI M D3[Il l EYll'S rll}IJISIJ{iNGh IORAf:IVH4 fJw 114DAi4'I'C1\HL DyM1}J[ktNhb}k(],U •(21H C'bIJAJ\1'LYL LQI IlIION LSINE: T Jr. ]NI DAL , 5J ATIC) 1XAIUR VAE15LT1C ,MUTT finaDl 4(DYNAtIICj. tP \ FIA I RI S5[:RP; tWtlilu Q ON AfIC OR H151J- AJ. II]TIII 1'1al\C'INr141AND P i NI'M COR RF.SIDCA,j ISTHE IIV-SUw INISI. NMI \It>P51 Dat9 t]RCQG11fPJ)FEINt \IJD'I(]l' C.11.CUI•ATFI) FE.OW AT 20 psn (Qr, Rpm): 7916 RPM NOTES: 1. EXISTING UNDERGROUND UTILITIES AND IMPROVEMENTS ARE SHOWN IN THEIR APPROXIMATE LOCATIONS BASED UPON RECORD INFORMATION AVAILABLE AT THE TIME OF PREPARATION OF PLANS. LOCATIONS HAVE NOT BEEN VERIFIED IN THE FIELD. 2. ALL EXISTING WATER SERVICES THAT ARE NOT BEING REUSED SHALL BE ABANDONED AT THE MAIN. LEGEND: EX. EXISTING INV INVERT PROP. PROPOSED S SLOPE SO STORM DRAIN SS SANITARY SEWER 20' 0' 10' 20' 4.0' SCALE: 1" = 20' C2.0 16-359 BUILDING SETBACK LINE BUILDING L3 LEVEL SETBACK LINE 22.5' MIN R/W 39.6' MAX 3' (E) SIDEWALK .. L2 LEVEL EASEMENT E SIDEWALK L1 LEVEL I 1 67.50 � W R, e( z 1 g' 31 RESIDENT PARKING ��.LII�I�IiI1l1 FUSCOE E N G I N E E R I N G /ull .,,eI, Ihinkiip B2 RESIDENT PARKING 134.50 B3 RESIDENT PARKING ASSUMED 3' FOUNDATION SECTION 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 fax949.474.5315 w .fuscoe.cam 125' 6.5' 26' q 77' 1 26' 6.5' Ly rnrtnuvr.i ly rfir<nvvfir �G ANACAPA DRIVE 2% + P A R T N E R S SECTION g SCAEL:1"-10' 3 125' ASSUMED 3' FOUNDATION SECTION R/W 3' E 9' Newport Center Condominiums Newport Beach, CA Note: Conceptual Desiqn Packaqe Subiect To Chanqe L3 LEVEL PL EXISTING 18' WIDE RESERVATION FOR IFUTURE PEDESTRIAN USE TO BE REMOVED L2 LEVEL 22.25' MIN 24.0 MAX 19' 1.OTW TGR 23' L1 LEVEL 167.50 = _ - � x 31 RESIDENT z x PARKING g � m 32 RESIDENT PARKING 134.50 B3 RESIDENT PARKING 7.3 A NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER PARCEL A P.M.B. 7632 24' PRIVATE DRIVE ANDSCAPE BUFFERING LANDSCAPE PLANS ASSUMED 3' FOUNDATION SECTION SECTION C SCAEL:1"-10' 3 ANACAPA )RIVE L— — -- — -- — -- — -- — --- SECTIONS KEY PLAN 24 5.15' �S 8 � �T - PRIVATE DRIVE n SECTION p SCAEL: P 3 3.0' �I i i �I II L3 LEVEL PL L2 LEVEL 14.1' MIN 27.8' MAX L1 LEVEL � 167.50 3.0' LANDSCAPE PER LANDSCAF 31 RESIDENT PARKING B2 RESIDENT PARKING 134.50 B3 RESIDENT PARKING ASSUMED 3' FOUNDATION SECTION C3.0 16-360 L3 LEVEL R/W 65' 26.4' 60.2' MAX 50' 15' 15' C 10' 5 L2 LEVEL Ic (E) PARKWAY E SIDEWADSQ NEWPORT CENTER DRIVE [167: PROPOSED LANDSCAPE WALL %.7/ATi ..,;%,..' uL...._ �.. _:; / ,i':1�1 //ii%! R:' /, L �.,,'':J". x _ 'i +a /� S � 11, � r � u� Wm W 4.4 MIN 34.2' MAX B1 RESIDENT ,aas' ' 3> PARKING O c> �L SECTION q a2 RESIDENT j j SCAEL I"=10' 3 ; PARKING G ' 134.50 .�;• B3 RESIDENT T PARKING BUILDING L3 LEVEL SETBACK LINE 22.5' MIN R/W 39.6' MAX 3' (E) SIDEWALK .. L2 LEVEL EASEMENT E SIDEWALK L1 LEVEL I 1 67.50 � W R, e( z 1 g' 31 RESIDENT PARKING ��.LII�I�IiI1l1 FUSCOE E N G I N E E R I N G /ull .,,eI, Ihinkiip B2 RESIDENT PARKING 134.50 B3 RESIDENT PARKING ASSUMED 3' FOUNDATION SECTION 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 fax949.474.5315 w .fuscoe.cam 125' 6.5' 26' q 77' 1 26' 6.5' Ly rnrtnuvr.i ly rfir<nvvfir �G ANACAPA DRIVE 2% + P A R T N E R S SECTION g SCAEL:1"-10' 3 125' ASSUMED 3' FOUNDATION SECTION R/W 3' E 9' Newport Center Condominiums Newport Beach, CA Note: Conceptual Desiqn Packaqe Subiect To Chanqe L3 LEVEL PL EXISTING 18' WIDE RESERVATION FOR IFUTURE PEDESTRIAN USE TO BE REMOVED L2 LEVEL 22.25' MIN 24.0 MAX 19' 1.OTW TGR 23' L1 LEVEL 167.50 = _ - � x 31 RESIDENT z x PARKING g � m 32 RESIDENT PARKING 134.50 B3 RESIDENT PARKING 7.3 A NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER PARCEL A P.M.B. 7632 24' PRIVATE DRIVE ANDSCAPE BUFFERING LANDSCAPE PLANS ASSUMED 3' FOUNDATION SECTION SECTION C SCAEL:1"-10' 3 ANACAPA )RIVE L— — -- — -- — -- — -- — --- SECTIONS KEY PLAN 24 5.15' �S 8 � �T - PRIVATE DRIVE n SECTION p SCAEL: P 3 3.0' �I i i �I II L3 LEVEL PL L2 LEVEL 14.1' MIN 27.8' MAX L1 LEVEL � 167.50 3.0' LANDSCAPE PER LANDSCAF 31 RESIDENT PARKING B2 RESIDENT PARKING 134.50 B3 RESIDENT PARKING ASSUMED 3' FOUNDATION SECTION C3.0 16-360 • AA •ibis 1 r - rMiiiiir'aw�l4A v MON } y F� rMiiiiir'aw�l4A v MON } Laguna Beach 570 Glenneyre St. Sausalito Houston Laguna Beach CA 92651 Fax 949.494.7861 San Francisco Dallas 949,497,5471 Los Angeles Shanghai MAffi Newport Center Condominiums Newport Beach, CA + P A R T N E R SII Note: To PAVING LEGEND SYMBOL KEY ITEM P1 ENTRY PAVING P2 COURTYARD PAVING [Ell P3 PRIVATE WALKWAY PAVING p¢ PUBLIC SIDEWALK PAVING P5 SOCIAL SPACE PAVING oo❑❑❑ P6 COURTYARD STEPPING STONES P7 PAVING BAND ••..�••• °> P8 TRUNCATED DOMES P9 ENHANCED CROSSWALK WALL LEGEND SYMBOL KEY SF6 � PERIMETER RETAINING WALL W2 COURTYARD WALL W3 ENTRY SEAT WALL CSOCIAL W4 SPACE SEAT WALL ® TYP. C.I.P. CONCRETE STAIRS W6 PLANTER WALL SITE FURNISHING LEGEND SYMBOL KEY ITEM C� SFi ENTRY BENCH O SF2 LARGE POT O SF3 SMALL POT P4 SF4 STAIR HANDRAIL P4 EXTENTS OF PODIUM BELOW PRIVATE COURTYARD FURNITURE Qo SF6 PRIVATE COURTYARD OBJECT. � SF7 COURTYARD GATE SFS TRELLIS BOLLARD TYP. TYP. LOXLO.W. • • • N68.25 + 163.50 +181. B +189.25. - - +169.00 ----- ---- - — -- -- ---- _ --- -------------- --- - _- -- -_ _-- —_- -_ - -- -- _- _-- TV - ------ — ---- _ --- - - _- -- -- -— - R P4 \a• TYP P5 TYP. / W-4 ' TYP. W4 TV. P4 • TYP. ; TYP. TYP P2 ■ ■ ■TYP. ` TYP. +161.01W5 F3 SF3 '� SF9 TYP. SF5 TYP. TYP. O TYp,SF4 ❑❑ W5 SF1 P8 0 TYP. SF6 TYP. TYP. TYP. SF7 0 3 TYP. SF4 DN TYP. NJ c TYP. SF2 3 P1 ❑ TYP. SFS ■ TYPE r' TYP. �l ■ ❑ ❑ FFE. 167.50 TYP. = TYP. .� a W1 TREE TRUNK TYp• UP +1 — — _1: +16t.50 PB +167.50TYP. ■ , C; SF6I EXTENTS OF PODIUM BELOW TYP. SF2W2 TYP. SF2t3 TYP. o - a159.00 � O � TYP. ❑ SF6 SF5 SF5 TYP.' TYP. TYP. ■ ■ ■ ■ ■ SF3 STAIRWELL (FROM BELOW) WB O j TYP. DOG PARK j L3 W4 TYP. ❑❑❑❑m❑ ❑❑❑m❑❑❑ ❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑m m❑❑❑m❑ TYP. i1.kT' ..—"Tow. GATEWAY ELEMENT TYP. Typ, EXTENTS OF PODIUM BELOW Typ, TWYp, TYP. LANDSCAPE UNDER W6 P1 CANTILEVERED SF5 W1 W6 TYP TYP, ARCHITECTURAL DECK TO BE TYP, TYp, TYP, COMPRISED OF VINES & SHRUBS TO SCREEN ARCHITECTURAL WALL. NP. Laguna Beach 570 Glenneyre St. Sausalito Houston Laguna Beach CA 92651 Fax 949.494.7861 San Francisco Dallas 949,497,5471 Los Angeles Shanghai MAffi Newport Center Condominiums Newport Beach, CA + P A R T N E R SII Note: To PAVING LEGEND SYMBOL KEY ITEM P1 ENTRY PAVING P2 COURTYARD PAVING [Ell P3 PRIVATE WALKWAY PAVING p¢ PUBLIC SIDEWALK PAVING P5 SOCIAL SPACE PAVING oo❑❑❑ P6 COURTYARD STEPPING STONES P7 PAVING BAND ••..�••• °> P8 TRUNCATED DOMES P9 ENHANCED CROSSWALK WALL LEGEND SYMBOL KEY ITEM � PERIMETER RETAINING WALL W2 COURTYARD WALL W3 ENTRY SEAT WALL CSOCIAL W4 SPACE SEAT WALL ® W5 C.I.P. CONCRETE STAIRS W6 PLANTER WALL SITE FURNISHING LEGEND SYMBOL KEY ITEM C� SFi ENTRY BENCH O SF2 LARGE POT O SF3 SMALL POT SF4 STAIR HANDRAIL (SF5 PRIVATE COURTYARD FURNITURE Qo SF6 PRIVATE COURTYARD OBJECT. � SF7 COURTYARD GATE SFS TRELLIS BOLLARD PROJECT NORTH TRUE NORTH e) 0' 16' 32' 64' 128' LAYOUT AND MATERIALS PLAN z W W J J J Z) U- 0 O O J H W W 1+7 W W N L1.0 August 7, 2015 16-362 Laguna Beach 570 G l e n n ey re S t. Sausalito Houston Laguna Beach CA 92651 Fax 949.494.7861 San Francisco Dallas 949,497,5471 Los Angeles Shanghai + P A R T N E R S Newport Center Condominiums Newport Beach, CA Note: Conceptual Desian Package Subiect To Change PROJECT NORTH TRUE NORTH e 0' 16' 32' 64' 128' PLANTING PLAN I SYMBOL I BOTANIC NAME I COMMON NAME I DRACAENA DRACO DRAGON TREE OLEA EUROPEA 'SWAN 'SWAN HILL' HYBRID 0 HILL' FRUITLESS OLIVE TREE PODOCARPUS GRACILIOR FERN PINE SPATHODEA AFRICAN TULIP TREE CAMPANULATA TABEBUTA IMPETIGNOSA PINK TRUMPET TREE n(AVELLANEDAE) TIPUANA 11PU ITIPU TREE SYMBOL I BOTANIC NAME I COMMON NAME ®AGAPANTHUS 'SNOW 'SNOW STORM' HYBRID STORM' LILY -OF -THE -NILE F.&MMA; OEM TOAGAVE 'BLUE FLAME' I'ABLLAUE FLAME' HYBRID I® IGRANDIDLORA (CALANRINA ROCK PULSANE IGO I IVORY SHELL'ON RBICULATA I P G SYEARELL' HYBRID ImEUPHORBIA 'CAT TAILS' HYBRID LEUCODENDRON 'CAT EUPHORBIA TAILS' EUPHORBIA TIRUCAW I FIRE STICKS FM 'ROSEA' KLANCHOE LUCIAE'FLAPIP DDLEAP ANTYBRID IIJA MO �1: HEDGE PALETTE SYMBOL BOTANIC NAME PITTOSPORUM 'WHEERLER'S DWARF' FlCUS N. 'GREEN GEM' 'GREEN GEM' HYBRID FlCUS 'SUNBURST' HYBRID AEONIUM 'WHEELER'S DWARF' HYBRID PITTOSPORUM 'TEXANUM' HYBRID PRIVET MYRSINE AFRICANA AFRICAN BOXWOOD 0 PRUNUS CAROUNIANA 'BRIGHT AND TIGHT' 'BRIGHT AND TIGHT' HYBRID CAROLINA LAUREL CHERRY z 'CROSBYS COMPACT' RAPHIOLEPIS INDICA 'CLARA' HYBRID INDIAN W M'IVORY PIG'S EAR. 'CLARA' HAWTHORN (D LUJ NURENBERG' HYBRID ECHIVERIA a . .r VINE PALETTE GRAPTOPETAI.JUM PARAGUAYENSE GHOST PLANT LL a4 a �® SYMBOL BOTANIC NAME COMMON NAME cf� DISTICTIS BUSSINATORIA BLOOD—RED TRUMPET r—""M'VORTEX' HYBRID ,• VINE LL O O FICUS PUMILA CREEPING FIG J LU LU TURF ") w LU SYMBOL BOTANIC NAME MFG. Lr) ARTIFICIAL NRF TBD HEDGE PALETTE SYMBOL BOTANIC NAME COMMON NAME + + + + FlCUS N. 'GREEN GEM' 'GREEN GEM' HYBRID FlCUS 'SUNBURST' HYBRID AEONIUM + + + + LIGUSTRUM J. 'TEXANUM' 'TEXANUM' HYBRID PRIVET MYRSINE AFRICANA AFRICAN BOXWOOD ALOE mAcuLATA PRUNUS CAROUNIANA 'BRIGHT AND TIGHT' 'BRIGHT AND TIGHT' HYBRID CAROLINA LAUREL CHERRY GROUND COVER PALETTE SYMBOL BOTANIC NAME COMMON NAME + + + + BACCHARIS PILULAIS 'PIGEON POINT' 'PIGEON POINT' HYBRID DWARF COYOTE BUSH 'SUNBURST' HYBRID AEONIUM + + + + LANTANA 'ALBA' WHITE FLOWERING LANTANA SENECIO SERPENS BLUE CHALKSTICKS SOFTSUCCULENT PALATTE AEONIUM DECORUM 'SUNBURST' HYBRID AEONIUM omm ALOE mAcuLATA ALOE VARIEGATA 'CROSBYS COMPACT' M'IVORY PIG'S EAR. .a NURENBERG' HYBRID ECHIVERIA a . .r O® GRAPTOPETAI.JUM PARAGUAYENSE GHOST PLANT a4 a �® SEDUM RUPRESTRE r—""M'VORTEX' HYBRID ,• -, z LTJ LTJ J J J D LL O LL_ O O J F— LU LU LU LU V) L August 7, 2015 16-363 ABBREVIATIONS ABBREVIATION EXTENSION ADA AMERICANS WITH DISABIUTIES ACT ADJ. ADJACENT (LAYOUT, MEASUREMENT) AM APICAL MERISTEM (PALM TREE REFERENCE) ARCH ARCHITECT ADJ. ADJACENT BS BOTTOM OF STEP BW BOTTOM OF WALL CAD COMPUTER—AIDED DESIGN CIP or C.I.P. CAST—IN—PLACE (CONCRETE APPLICATIONS) CIVIL CIVIL ENGINEER CL CENTERLINE (LAYOUT, MEASUREMENT) CLS CENTER LINE OF SWALE (GRADIENT) CLR CLEAR CMU CONCRETE MASONRY UNIT CONIC. CONCRETE DIA DIAMETER (LAYOUT, MEASUREMENT) EJ EXPANSION JOINT (CONCRETE APPLICATIONS) EQ EQUAL (LAYOUT, MEASUREMENT) EXT. EXTERIOR F.O.B. FACE OF BUILDING FG or F.G. FINISHED GRADE (TOP SOIL GRADIENT) FS or F. S. FINISHED SURFACE (HARD SURFACES) GALV. GALVANIZED GEOTECH GEOTECHNICAL ENGINEER GPH GALLONS PER HOUR (IRRIGATION) GPM GALLONS PER MINUTE (IRRIGATION) HEX. HEXAGONAL HP HIGH POINT (GRADIENT) HSS HOLLOW STRUCTURAL SECTION IE INVERT ELEVATION LA or L.A. LANDSCAPE ARCHITECT LED or LE.D. LIGHT—EMITTING DIODE (ELECTRICAL FIXTURE) LOW or LO.W. LIMIT OF WORK LP LOW POINT (GRADIENT) MAX. MAXIMUM MIN, MINIMUM NAP or N.A.P NOT A PART OC or O.C. ON -CENTER (LAYOUT, MEASUREMENT) OD or O.D. OUTSIDE DIAMETER (LAYOUT, MEASUREMENT) PA or P.A. PLANTING AREA PERF. PERFORATED POB or P.O.B. POINT OF BEGINNING (LAYOUT, MEASUREMENT) PL PROPERTY LINE PSI POUNDS PER SQUARE INCH (IRRIGATION) PTDF PRESSURE—TREATED DOUGLAS FIR R RADIUS LAYOUT, MEASUREMENT) REF REFEREN E OR REFER TO MAX. REINFORCEMENT SE STRUCTURAL ENGINEER SPECS CONTRACT SPECIFICATIONS S/S STAINLESS STEEL TBD TO BE DETERMINED TC TOP OF CURB (GRADIENT ELEVATION) TG TOP OF GRATE (GRADIENT ELEVATION) TS TOP OF STEP (GRADIENT ELEVATION) TW TOP OF WALL (GRADIENT ELEVATION) TYP TYPICAL W/ WITH SHEETINDEX GENERAL SHEETS REFERENCE SHEET NAME 1-0.0 NOTES & LAYOUT LEGEND L0.1 PLANTING PALETTE L0.2 PLANTING PALETTE (CONT.) MATERIALS AND LAYOUT PLANS REFERENCE SHEET NAME 1-1.0 MATERIALS & LAYOUT PLAN PLANTING PLANS REFERENCE SHEET NAME L2.0 PLANTING PLAN Laguna Beach 570 G l e n n ey re S t. Sausalito Houston Laguna Beach CA 92651 Fax 949.494.7861 San Francisco Dallas 949, 4 g 7, 5471 Los Angeles Shanghai imw NOTES: 1. WUCOLS Region Three Plant Factor listings are used for this Document. 2. All plants within a Plant Designation Type; Hedge, Shrub, Groundcover, and Soft Succulent Mix,. will have plant species with similar Plant Factors grouped into Hydro—zones. Plants with different Plant Factors will not be grouped within the some Hydro—zone. 3. The Plant Palette in this Document is a working Plant Palette. The intention of this Document is to list the possible plants that will be used in each Plant Designation Type; Hedge, Shrub, Groundcover, and Soft Succulent Mix. Not all plants may be used in the final Plan. 4. The irrigation system is to be fully automatic and conform to the City of Newport Beach Landscape Guidelines. 5. Sub—surface in—line drip tubing irrigation will be usedfor all planting areas. B. The finished Planting Plan will be designed so the Estimated Total Water Use (ETWU) will be less than the Maximum Allowable Water Use (MAWA) as indicated in the City of Newport Beach Landscape Guidelines. 7. The grades and wall heights indicated in this Document are preliminary and are subject to change. LANDSCAPE AREA QUANTITIES: GROUND COVER: 169 SQ FT SOFT SUCCULENT 836 SQ FT HEDGE 1748 SQ FT SHRUB 4883 SQ FT NRF 753 SQ FT TOTAL, 8389 SQ FT Newport Center Condominiums Newport Beach, CA f P A R T N E R S I Note: To PAVING LEGEND SYMBOL KEY ITEM MATERIAL COLOR FINISH REMARKS DETAIL SPEC, SEC, P1 ENTRY PAVING DIMENSIONAL UNIT PAVER, MATERIAL TBD TBD TBD DIMENSIONAL UNIT PAVER OVER VEHICULAR RATED BASE MATERIAL P2 COURTYARD PAVING DIMENSIONAL UNIT PAVER, MATERIAL TBD TBD TBD DIMENSIONAL UNIT PAVING TO MATCH CONDO UNIT PAVING, PAVING TO MEET APPLICABLE EXTERIOR SLIP COEFFICIENTS. -- -- E] P3 PRIVATE WALKWAY PAVING ENHANCED C.I.P. CONCRETE TBD TBD INTEGRAL COLOR CONCRETE W/ ENHANCED FINISH TBD. SAW CUT JOINTS. PEDESTRIAN THICKNESS. -- -- CPUBLIC P4 SIDEWALK PAVING C.I.P. CONCRETE GRAY, NO COLOR ADDED BROOM PAVING TYPE, COLOR, AND FINISH TO MATCH EXISTING CONCRETE SIDEWALK. -- P5 ` SOCIAL SPACE PAVING DIMENSIONAL UNIT PAVER, MATERIAL TBD TBD TBD DIMENSIONAL UNIT PAVER OVER PEDESTRIAN RATED BASE MATERIAL -- -- =00110 P6 COURTYARD STEPPING STONES DIMENSIONAL UNIT PAVER, MATERIAL TBD TBD TBD DIMENSIONAL UNIT PAVER OVER PEDESTRIAN RATED BASE MATERIAL P7 PAVING BAND ENHANCED C.I.P. CONCRETE TBD TBD INTEGRAL COLOR CONCRETE W/ ENHANCED FINISH TBD. SAW CUT JOINTS. PEDESTRIAN THICKNESS. -- -- N a°o�afe=� o�o�oa°ova P8 TRUNCATED DOMES TBD TBD TBD ADA AND CBC COMPLIANT TRUNCATED DOME WARNING STRIP. Pg ENHANCED CROSSWALK CONCRETE UNIT PAVERS TBD TBD VEHICULAR RATED DIMENSIONAL UNIT PAVER OVER VEHICULAR RATED BASE MATERIAL. -- -- WALL LEGEND SYMBOL KEY ITEM MATERIAL COLOR FINISH REMARKS DETAIL SPEC. SEC. W1 PERIMETER RETAINING WALL CMU CORE W/ CLADDING TBD TBD TBD HEIGHTS VARY. SEE LAYOUT PLAN W2 COURTYARD WALL CMU CORE W/ CLADDING TBD TBD TBD 42" TALL WALL. W3 ENTRY SEAT WALL CMU CORE W/ CLADDING TBD TBD TBD 18" TALL SEAT WALL. W4 SOCIAL SPACE SEAT WALL TBD TBD TBD 18" TALL SEAT WALL. ® W5 ' C.I.P. CONCRETE STAIRS C.I.P. CONCRETE WITH ENHANCED FINISH TBD TBD -- -- PLANTER WALL CMU CORE W/ CLADDING TBD TBD TBD HEIGHT TBD BASED ON FINAL ON -STRUCTURE PLANTING DEPTH AVAILABLE. SITE FURNISHING LEGEND SYMBOL KEY ITEM MATERIAL COLOR FINISH REMARKS DETAIL SPEC. SEC, l� SF1 ENTRY BENCH TBI TBD TBD -- -- -- SF2 LARGE POT TBD TBD TBD -- -- -- p SF3 SMALL POT TBD TBD TBD -- -- -- I SF4 STAIR HANDRAIL TBD TBD TBD -- SF5 PRIVATE COURTYARD FURNITURE TBD TBD TBD SF6 PRIVATE COURTYARD OBJECT, TBD TBD TBD OBJECT TBD BETWEEN WATER FEATURE, FIRE ELEMENT, SCULPTURE, OR PLANTED POT, � SF7 COURTYARD GATE TBD TBD TBD -- -- -- SF8 TRELLIS TBD TBD TBD -- -- — SF9 BOLLARD TBD TBD TBD NOTES AND LAYOUT LEGEND LO.0 August 7, 2015 16-364 TREE PALETTE SYMBOL BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF. WUCOLS REMARKS ALBIZIA JULIBRISSIN SILK TREE TBD SINGLE TRUNK COURTYARD TBD N/A MEDIUM FULL, MATCHED, DENSE GROWTH, LIGUSTRUM J. 'TEXANUM' 'TEXANUM' HYBRID PRIVET TBD AND/OR MEDIUM HEIGHT HEDGE TBD N/A PREMIUM SELECT GRADE, SPECIMEN MYRSINE AFRICANA AFRICAN BOXWOOD TBD SPECIMEN TREE LOW HEDGE THD N/A QUALITY, SYMMETRICAL, WELL - PRUNUS CAROUNIANA 'BRIGHT AND TIGHT' 'BRIGHT AND TIGHT' HYBRID CAROLINA LAUREL CHERRY TBD LOW BRANCHING HEDGE MEDIUM HEIGHT HEDGE TBD N/A ROOTED, AS NURSERY TAGGED AND GROUND COVER PALETTE SYMBOL BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE FIELD ACCEPTED BY LANDSCAPE ARCHITECT. WUCOLS DRACAENA DRACO DRAGON TREE 24" BOX SINGLE TRUNK COURTYARD TBD N/A VERY LOW N/A LOW FULL/SYMMETRICAL IN NURSERY CONTAINER; PREMIUM SELECT GRADE; DENSE GROWTH; WELL -ROOTED; AS FIELD -ACCEPTED BY LANDSCAPE ARCHITECT. 7+ + + + ACCENT WHITE FLOWERING LANTANA TBD SPREADING GROUNDCOVER GROUNDCOVER TBD HYMENOSPORUM FLAVUM SWEET SHADE TBD STANDARD NEWPORT CENTER TBD N/A MEDIUM r TBD N/A LOW VINE PALETTE DR. LANDSCAPE BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF. WUCOLS REMARKS BUFFER DISTICTIS BUSSINATORIA BLOOD -RED TRUMPET VINE TBD STAKED VINE VINE OLEA EUROPEA 'SWAN HILL' 'SWAN HILL' HYBRID FRUITLESS OLIVE TREE TBD MULTI -TRUNK COURTYARD TREE TBD N/A LOW STAKED VINE PODOCARPUS GRACILIOR FERN PINE TBD STANDARD NEWPORT CENTER DR. LANDSCAPE TBD N/A MEDIUM CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF, BUFFER REMARKS ARTIFICIAL TURF TBD N/A SPATHODEA CAMPANULATA AFRICAN TULIP TREE TBD STANDARD SPECIMEN / NEWPORT CENTER TBD N/A MEDIUM DR. LANDSCAPE BUFFER TABEBUTA IMPETIGNOSA (AVELLANEDAE) PINK TRUMPET TREE TBD STANDARD ANACAPA STREET TREE / TBD N/A MEDIUM O SPECIMENT TIPUANA TIPU TIPU TREE TBD STANDARD ANACAPA STREET TBD N/A MEDIUM TREE / SPECIMENT SHRUB PALETTE SYMBOL BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF, WUCOLS REMARKS AGAPANTHUS 'SNOW 'SNOW STORM' HYBRID TBD PERENNIAL FROM SHRUB TBD N/A MEDIUM FULL/SYMMETRICAL IN NURSERY STORM' LILY -OF -THE -NILE RHIZOMES PLANTINGS CONTAINER; PREMIUM SELECT GRADE; DENSE GROWTH; WELL—ROOTED; AS FIELD—ACCEPTED BY LANDSCAPE ARCHITECT. AGAVE ATTENUATA VARIEGATED FOXTAIL TBD SUCCULENT SHRUB TBD N/A LOW 'VARIEGATA' AGAVE PLANTINGS AGAVE 'BLUE FLAME' 'BLUE FLAME' HYBRID TBD SUCCULENT SHRUB TBD N/A LOW AGAVE PLANTINGS CALANDRINA ROCK PULSANE TBD SUCCULENT SHRUB TBO N/A NOT USTED- GRANDILORA PLANTINGS LOW COTYLEDON ORBICULATA 'IVORY SHELL' HYBRID TBD SUCCULENT SHRUB TBD N/A LOW 'IVORY SHELL' PIG'S EAR PLANTINGS EUPHORBIA 'CAT TAILS' HYBRID TBD SUCCULENT SHRUB TBD N/A NOT USTED- LEUCODENDRON 'CAT TAILS' EUPHORBIA PLANTINGS VERY LOW EUPHORBIA TIRUCALLI FIRE STICKS TBD SUCCULENT SHRUB TBD N/A VERY LOW 'ROSEA' PLANTINGS KLANCHOE LUCIAE 'FLAP 'FLAP JACK' HYBRID TBD SUCCULENT SHRUB TBD N/A NOT LISTED - JACK' PADDLE PLANT PLANTINGS LOW LEUCODENDRON SPP, LEUCODENDRON TBD WOODY SHRUB SHRUB TBD N/A LOW PLANTINGS PITTOSPORUM 'WHEERLER'S DWARF' TBD WOODY SHRUB SHRUB TBD N/A N/A 'WHEELER'S DWARF' HYBRID PITTOSPORUM PLANTINGS RAPHIOLEPIS INDICA 'CLARA' HYBRID INDIAN TBD WOODY SHRUB SHRUB TBD N/A MEDIUM 'CLARA' HAWTHORN PLANTINGS Laguna Beach 570 G l e n n ey re S t. Sausalito Houston Laguna Beach CA 92651 Fax 949.494.7861 San Francisco Dallas 949, 4 g 7, 5471 Los Angeles Shanghai imw Newport Center Condominiums Newport Beach, CA f P A R T N E R S I Note: To HEDGE PALETTE SYMBOL BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF. WUCOLS REMARKS FICUS N, 'GREEN OEM' 'GREEN GEM' HYBRID FICUS TBD LOW BRANCHING HEDGE TALL HEDGE TBD N/A LOW FULL/SYMMETRICAL IN NURSERY CONTAINER; PREMIUM SELECT GRADE; DENSE GROWTH; WELL -ROOTED; AS FIELD -ACCEPTED BY LANDSCAPE ARCHITECT. LIGUSTRUM J. 'TEXANUM' 'TEXANUM' HYBRID PRIVET TBD LOW BRANCHING HEDGE MEDIUM HEIGHT HEDGE TBD N/A MEDIUM MYRSINE AFRICANA AFRICAN BOXWOOD TBD LOW BRANCHING HEDGE LOW HEDGE THD N/A LOW PRUNUS CAROUNIANA 'BRIGHT AND TIGHT' 'BRIGHT AND TIGHT' HYBRID CAROLINA LAUREL CHERRY TBD LOW BRANCHING HEDGE MEDIUM HEIGHT HEDGE TBD N/A MEDIUM GROUND COVER PALETTE SYMBOL BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF, WUCOLS REMARKS F-7-7] + + BACCHARIS PILULAIS 'PIGEON POINV 'PIGEON POINT' HYBRID DWARF COYOTE BUSH TBD SPREADING GROUNDCOVER GROUNDCOVER TBD N/A LOW FULL/SYMMETRICAL IN NURSERY CONTAINER; PREMIUM SELECT GRADE; DENSE GROWTH; WELL -ROOTED; AS FIELD -ACCEPTED BY LANDSCAPE ARCHITECT. 7+ + + + LANTANA 'ALBA' WHITE FLOWERING LANTANA TBD SPREADING GROUNDCOVER GROUNDCOVER TBD N/A LOW SENECIO SERPENS BLUE CHALKSTICKS TBD SPREADING GROUNDCOVER GROUNDCOVER TBD N/A LOW VINE PALETTE SYMBOL BOTANIC NAME COMMON NAME CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF. WUCOLS REMARKS DISTICTIS BUSSINATORIA BLOOD -RED TRUMPET VINE TBD STAKED VINE VINE TBD N/A MEDIUM FULL/SYMMETRICAL IN NURSERY CONTAINER; PREMIUM SELECT GRADE; DENSE GROWTH; WELL -ROOTED; AS FIELD -ACCEPTED BY LANDSCAPE ARCHITECT. a FICUS PUMILA CREEPING FIG #5 STAKED VINE WALL SCREENING TBD N/A MEDIUM TURF SYMBOL BOTANIC NAME MFG. CONTAINER FORM/BRANCHING USE MINIMUM SIZE DETAIL REF, WUCOLS REMARKS ARTIFICIAL TURF TBD N/A TURF DOG PARK N/A N/A -- -- PLANTING PALETTE L0.1 August 7, 2015 16-365 Laguna Beach 570 G l e n n ey re S t. Sausalito Houston Laguna Beach CA 92651 Fax 949.494.7861 San Francisco Dallas 949, 4 g 7, 5471 Las Angeles Shanghai imw Newport Center Condominiums Newport Beach, CA + P A R T N E R S I Note: To SOFT SUCCULENT PALATTE SYMBOL BOTANIC NAME COMMON NAME SIZE FORM/BRANCHING USE MINIMUM SIZE DETAIL REF. WUCOLS REMARKS AEONIUM DECORUM 'SUNBURST` 'SUNBURST' HYBRID AEONIUM #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW FULL/SYMMETRICAL IN NURSERY CONTAINER; PREMIUM SELECT GRADE; DENSE GROWTH; WELL -ROOTED; CAN -FULL, AND FREE OF SCARRING AS FIELD -ACCEPTED BY LANDSCAPE ARCHITECT. AEONIUM 'KIWI' KIWI' HYBRID AEONIUM #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW ALOE MACULATA SOAP ALOE #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW ALOE VARIEGATA TIGER ALOE #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW CRASSULA ARGENTEA 'CROSBY'S COMPACT' COMPACT JADE PLANT #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW COTYLEDON ORBICULATA 'IVORY SHELL' 'IVORY SHELL' HYBRID PIG'S EAR. #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW DUDLEYA BRITTONII CHALK DUDLEYA #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A VERY LOW ECHEVERIA 'BLUE ROSE' 'BLUE ROSE' HYBRID HENS AND CHICKS #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW ECHEVERIA 'PERLE VON NURENBERG' 'PERLE VON NURENBERG' HYBRID ECHIVERIA #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW ECHIVERIA CANTE 'WHITE CLOUD' 'WHITE CLOUD' HYBRID ECHIVERIA #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW GRAPTOPETALUM PARAGUAYENSE GHOST PLANT #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW PACHYPHYTUM OVIFERUM MOONSTONES #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A NOT LISTED- LOW SEDUM RUPRESTRE STONECROP #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW SEMPERVIVUM 'KREBS' 'KREBS' HYBRID UVE-FOR-EVER #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW SEMPERVIVUM 'VORTEX' 'VORTEX' HYBRID LIVE -FOR -EVER #1 SUCCULENT SUCCULENT -MIX GROUNDCOVER TBD N/A LOW PLANTING PALETTE August 7, 2015 16-366 ' � - � . r G. � � Llai '��L w„•s -..:y. .t _ - '"1 _`` x _.s �v' � 1. ,#,:- � .n ��,5�� S_ ,F r r• ,,[ r, 3 � sw•'F ow - 64 it ..� .��i+1' .—moi:"�� .,.. t ___— �•... �.-�.� t�:.-a �'R s. r.#.�'' r i.,� �:�� 7..�.w5 ��"..--.r .__ $ r _ a � FFAt -i.6.. �,� - •� _ ;'y —may` K, �' - m... ... T _ y a c jo ar _ Z b �> r •;. H► .a �". = l y: ', ,�.,m i trM� it top eL Y � S r , • 5 f r. La LL `}L. y .,I l� [ , f✓ 4 11 j" .1 l ll_ c , IN I , • "' � ` .:,. � F.. P (r f � .. ® P � - eC.fg J 4��"� * l.,A. J •-', e�A Y a- r. f , r a �r l' v L(7[14�1'P.9I �L r � fI�; �� - $ .'A �.. '* � &r � - i^r `� ` �• :, ^1 � � � I � r +l�f rr r�. i'R,Y. r' +tel _,: r f -' _�` # 7 .. / � � „ � .._... � 1�.;a-• _ `y JJ►►+r r t c � � J' - �. li a a mmA,w./•; /,:'. 150 NewpW Center pave Heght = 50' (65' lAax per VX -H3 or 50' Max per blod;100) UnACount = 35 Lot Area = 54,686 SF (1.26 Am) Deosily= 28DU7AC 1'GPOFR070FF M GRaPF "I $TRW_ LEuELliOWV M111sy 875 San Clemente Drive jfhe Colony) Height I = 50' (200' Max) • Height II = 64W (From Street Level) Unit Count = 245 • Lot Area = 278,784 SF (6.4 Acre) Density =38 DUTAC 1A9.Py - \.. POG/ ►E0.5URMGRN1e�' 1g S1dEE1 FE'4EL BUILDING HEIGHT + DENSITY 1101 San Joaquin Hills Road rYllas al Fashion island) ` Height I = 67.0' (85' Max) Height 11= 106-0' (From Street Level) Unit Counl= 524 ` Lot Area = 699,138 SF {t6.D5 Acre) CenAy= 32.6DUTAC GENERALPLAN Figure H9 NEWPORT CENTER/ QLand Use Element Sub -Area Land Uses Housing Opmrtmili MU -113 - Mixed Use Horizontal _ RM - Muli-Unil Residential Over Lard Uses CG- Generel CMIN. OM.Al -CV-UisibO serving Commercial CR-IYepwal Cemmarcial Cenerai Omo® CO -M - Mecleat Ghee CO -R - Regional Office — PI - PMale Inslandons PF - Fubhe Faallfes Cs -Open spaces _ PR - Parks and Recreation . Refer to Table LU2 4e r —1 b Feel 0 250 560 1,000 Source: Chy of New part Beach and EIP Associales PROSECT NUMBER: 10579-01 Dal� NIGHT ff, MF " t 17,1 t STREET Lena. Santa Barbara CGndominiumAeridian Height I = W-6' (65' Max) Height 11= 77-0' (From Street Level) • Unit Counl= 79 Lot Area = 186,001 SF {4.27 Acre) ` Dena9y= 18.5DU+AC Newport Center: MU -H3 (General Plan/Housing Element, Section 5.52): The General Plan identifies the goal of creating a successful mixed-use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development. The Land Use Element creates a new residential land use designation of Mixed -Use Horizontal 3 (MU -H3) on the northern portion of the subarea. The MU -H designation provides for the horizontal intermixing of regional commercial office, hotel, multi -family residential, and ancillary commercial uses. The Irvine Company (TIC) is the main land owner/developer in the Newport Center area. A Planned Community Development Plan (North Newport Center PC) for TIC owned property within the Newport Center area was approved in December 2007. The North Newport Center PC area comprises approximately 158.4 acres along San Joaquin Hills Road and Newport Center Drive, and consists of seven sub -areas. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan, including the development of 430 of the permitted 450 mixed-use units (within Block 500, 600 and San Joaquin Plaza). The development plan and accompanying text sets forth the property development standards that govern development within the PC area. These standards include requirements for site coverage, building heights, setback line designations, off-street parking, vehicular access, signage, lighting, storage, screening and Iandscaping.To facilitate the development of the housing and provide considerable flexibility, maximum building height is set at 65 feet and no maximum density limit was established, but rather maximum development limit of 524 dwelling units was set. 16-368 MW + P A R T N E R S Attachment U Redlined PC North Newport Center Planned Community Development Plan 16-369 North Newport Center Planned Community Development Plan Land Uses, Development P roced u res Standards Et Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended November 10, 2015, Ordinance No. 2015-32 (PA 2015-109) Amended [DATE HERE], Ordinance No. 2016- (PA2014-213) 16-370 [this page intentionally blank] 16-371 Land Uses, Development Standards & Procedures Contents I. Introduction and Purpose of Development Plan................................................................................. 1 A. Sub -Area Purpose............................................................................................................................. 1 B. Relationship to Municipal Code................................................................................. 13, �,,�,ron C. Relationship to North Newport Center Design Regulations........................................13434-3134-340 II. Land Use and Development Regulations...................................................................... 15' 1 '� A. Permitted Uses............................................................................................................ 15, c,, c, c 1-51-544 B. Development Limits................................................................................................... 16, �,, ti4-2 C. Transfer of Development Rights................................................................................ 174747474-74-3 III. Site Development Standards......................................................................................... 212 2,�� A. Permitted Height of Structures................................................................................... 212 2, B. Setback Requirements................................................................................................ 2222-2'�46 C. Parking Requirements................................................................................................ 242n2n�18 D. Landscaping 252G7�n E. Lighting 252�''c�cin F. Signs...........................................................................................................................252c�c�54W G. Residential Compatibility 30-3 3n H. Residential Open Space Requirements....................................................................... 303030 343402-4 IV. Planned Community Development Plan Administration .............................................. 313 �'� A. Process for New Structures........................................................................................ 313 �,��r34-3-r2-5 B. Process for New Signs................................................................................................ 3232-32-32-32-26 C. Transfer of Development Rights................................................................................ 323''�'�26 V. Definitions.....................................................................................................................35353c�29 Appendix A — Design Regulations North Newport Center Planned Community Development Plan November 10, 2015 16-372 Land Uses, Development Standards & Procedures [this page intentionally blank] North Newport Center Planned Community Development Plan November 10, 2015 16-373 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub -areas that include Fashion Island, Block 600, and Block 800; and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ("PC") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 1 &3171.6 acres along San Joaquin Hills Road and Newport Center Dr. The seven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (11.3 acres), Block 400 (4 acres), Block 500 (16.3 acres and a 0.4 -acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub -region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include a large portion of Block 100 (Figure 3), Block 400 (Figure 4), and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 genal primarily comprises administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 generally comprises commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed -Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed -Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -H3 land use designation. The residential portion of Block 100 (Figure 3) at 150 Newport Center Drive allows for multi -family residential housinguses. The residential portion of Block 800 (Figure 8) allows for multi -family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 100 and Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub -Area, Figure 6, Block 600 Sub -Area, and Figure 7, San Joaquin Plaza Sub -Area, respectively. North Newport Center Planned Community Development Plan November 10, 2015 16-374 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan November 10, 2015 16-375 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan O San Joaquin Plaza SANTA CRUZ DR. Block 800 tp9 y Oq Block °oy 600 y� "Po SANTA ROSA DR_ Fashion Island Block Regional Center 500 JJ Q� Block 100 Block 400 A9 MR §" C�✓ VC; C C a C7 W' ti'cy P PQ UP �4 P ❑North Newport Center Planned Community 111 Figure 1 — North Newport Center Planned Community North Newport Center Planned Community Development Plan November 10, 2015 3 16-376 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan LO a �: �Nport Centgym/ e,- ricolas Dr a OD ElPlanned Community Not included in Planned Community �m O„ North Newport Center Planned Community Development Plan November 10, 2015 UEI Dr FN I Figure 2 — Fashion Island Sub -Area 4 16-377 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan November 10, 2015 16-378 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ❑ Planned Community Not included in Planned Community h North Newport Center Planned Community Development Plan November 10, 2015 16-379 Q) U Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ® PLANNED COMMUNITY (BLOCK 100) NOT INCLUDED IN PLANNED COMMUNITY Figure 3 — Block 100 Sub Area North Newport Center Planned Community Development Plan 7 November 10, 2015 16-380 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan SOS ® Planned Community Not included in Planned Community [NJ Figure 4 — Block 400 Sub Area North Newport Center Planned Community Development Plan November 10, 2015 16-381 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Joaquin Hills C, n Nicolas Dr , _----- 0 Planned Community Q Not included in Planned Community North Newport Center Planned Community Development Plan November 10, 2015 FN I Figure 5 — Block 500 Sub -Area I 16-382 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan November 10, 2015 F7 Planned Community Not included in Planned Community HN Figure 6 — Block 600 Sub -Area 10 16-383 j Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Joaquin hills Rd Santa @ar6 \'a North Newport Center Planned Community Development Plan November 10, 2015 Z C� Planned Community Not included in Planned Community Figure 7 — San Joaquin Plaza Sub -Area 11 16-384 h Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Clemente Drive ❑ planned Community ❑ Not included in planned Community R = Residential CO = Commercial Office North Newport Center Planned Community Development Plan November 10, 2015 Figure 8 - Block 800 Sub -Area 12 16-385 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for Blocks 100 (with the exception of 150 Newport Center Drive), 400 and 800 is the version of the Code in effect on June 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for 150 Newport Center Drive is the version of the Code in effect on [INSERT DATE HERE] and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code(Subdivisions) and Title 20 of the Municipal Code Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. North Newport Center Planned Community Development Plan 13 November 10, 2015 O :01 16-387 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Community Development Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed - Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 Commercial Office Residential San Joaquin Plaza Banks/Savings and Loans P P P P P P P - With drive through services MUP MUP MUP MUP MUP MUP MUP Business, Government and Professional P P P P P P Emergency Healthcare P1 P P P P -- P Management and Leasing Offices P P P P P P P Office, Medical and Dental P P P P P P Public Safety Facilities P MUP MUP P P MUP P Commercial Recreation and Entertainment P UP UP MUP MUP UP MUP Cultural and Institutional UP UP UP P P UP - P Day Care P P P P P P -- P Day Spas MUP MUP, MUP, MUP MUP MUP2 MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP P** - Bars/Cocktail Lounges MUP UP UP UP UP UP UP Personal Improvement MUP MUP MUP P P MUP P - Health/Fitness Clubs MUP P P P P P P+ P Personal Services P P1 P1 P P P1 P P Residential — P3 P P P P Retail Sales P P1 P1 P P P1 P+ P Animal Sales and Services MUP MUP MUP - MUP Medical Retail P P++ P++ P P P++ P Visitor Accommodations UP UP UP UP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Zoning Administrator 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code 3= Residential Units permitted at 150 Newport Center Drive only * = A Minor Use Permit Issued by the Zoning Administrator is required for the sale of alcohol "* = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted North Newport Center Planned Community Development Plan 15 November 10, 2015 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Dr. (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Dr. (southwest and southeast), San Joaquin Hills Road and Santa Cruz Dr. (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right-of- way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary uses, and support uses are permitted and are not counted towards square footage development limits. Table 2 — Development Limits (A) A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.0 and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. Residential dwelling units are only permitted at 150 Newport Center Drive. North Newport Center Planned Community Development Plan 16 November 10, 2015 ff . :•A San Joaquin Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 Plaza Total Regional 1,523,416 sq.ft. 0 0 0 0 0 0 1,523,416 sq.ft. Commercial Movie Theater 680 seats 0 0 0 0 0 0 680 seats 11,000 sq.ft. 11,000 sq.ft. Hotel (B) 0 0 0 295 0 0 295 Residential 0 35 E0 0 0 245 524 769 804 Office/ 0 121,114 sq.ft. 91,727 sq.ft. 623,525 sq.ft. 1,353,399 sq.ft. 286,166 sq.ft. 95,550 sq.ft. 2,571,481 sq.ft. Commercial (C) (D) A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.0 and IV.0 herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. Residential dwelling units are only permitted at 150 Newport Center Drive. North Newport Center Planned Community Development Plan 16 November 10, 2015 ff . :•A Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 1. Fashion Island The total gross floor area for Fashion Island is 1,523,416 square feet plus 680 movie theater seats. The movie theater building area is equivalent to and may be converted to 11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 residential units and 295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for the commercial office blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 245. 5. Block 100 Residential The maximum number of dwelling units for multi -family residential use shall not exceed 35 and 131,878 square feet of gross floor area. The maximum number of stories is five. C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan, with the exception of 150 Newport Center Drive in Block 100. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned North Newport Center Planned Community Development Plan 17 November 10, 2015 16-390 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.0 below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. For 150 Newport Center Drive in Block 100, the transfer of development rights shall be in accordance with the General Plan and Municipal Code, with the exception that 150 Newport Center Drive may not send to nor receive from development allocations from other sub -areas of this Planned Community. North Newport Center Planned Community Development Plan November 10, 2015 ffI 16-391 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations [this page intentionally blank] North Newport Center Planned Community Development Plan 19 November 10, 2015 16-392 16-393 Land Uses, Development Standards & Procedures Section III. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural style of the building in terms of materials, design and color. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building Type Height Major buildings 125 feet Mall buildings 75 feet Parking structures 55 feet Periphery buildings 40 feet Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. For 150 Newport Center Drive, the maximum height for residential structure shall be 52.5 feet. pPodium walls shall be limited to 4 feet 6 ;nehes 10 feet measured from finishedrgrade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the North Newport Center Planned Community Development Plan 21 November 10, 2015 16-394 Land Uses, Development Standards & Procedures Section III. Site Development Standards FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Community Development Director and the Community Development Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Community Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The Community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV(A)(3). B. Setback Requirements Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. North Newport Center Planned Community Development Plan 22 November 10, 2015 16-395 Land Uses, Development Standards & Procedures Section III. Site Development Standards Fashion Island Newport Center Dr.: 10 feet; may be reduced to 0 feet by the Community Development Director through the plan review process. Block 100 Newport Center Dr.: 15 feet Anacapa Dr.: 15 feet Civic Center Dr.: 15 feet 150 NCD Newport Center Dr: 24 feet Basement/podium: 15 feet Anacapa Dr: 22.5 feet Basement/podium: 15 feet Southerly Property Line: 22 feet Basement/podium: 7 feet Westerly Property Line: 14 feet Basement: 3 feet Podium: 0 feet at Level 1 Block 400 Newport Center Dr.: 15 feet San Nicolas Dr.: 15 feet Block 500 Newport Center Dr.: 15 feet Santa Rosa Dr.: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Dr.: 15 feet Santa Cruz Dr.: 15 feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process San Joaquin Hills: 15 feet — setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process Santa Rosa Dr.: 15 feet Center Dr. (e/w): 0 feet Center Dr. (n/s): 0 feet Block 800 Newport Center Dr.: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential North Newport Center Planned Community Development Plan 23 November 10, 2015 16-396 Land Uses, Development Standards & Procedures Section III. Site Development Standards Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Dr.: 15 feet San Clemente Dr.: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz Dr.: 15 feet San Clemente: 15 feet Santa Barbara Dr.: 15 feet C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet' Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code Shared parking among and between sites, lots, blocks, and sub -areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. I The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. North Newport Center Planned Community Development Plan 24 November 10, 2015 16-397 Land Uses, Development Standards & Procedures Section III. Site Development Standards 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub -areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. D. Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed -free condition, free of litter and so as not to interfere with traffic safety Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of-ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Community Development Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or North Newport Center Planned Community Development Plan 25 November 10, 2015 16-398 Land Uses, Development Standards & Procedures Section III. Site Development Standards walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special events, holiday activities, and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 — Fashion Island Sign Standards North Newport Center Planned Community Development Plan 26 November 10, 2015 16-399 Maximum Letter/ Sign Type Location Maximum Number Maximum Sign Size Logo Height Shopping Center Each vehicle entry drive location 2 per entry drive (one 100 square feet 9 feet Identification Sign on each side) 10 feet high Major Tenant Sign Exterior walls or parapets of 1 sign per building Determined by name of 10 feet buildings elevation (maximum tenant; letter/logo 4 signs for each major height not to exceed 10 tenant) feet Freestanding Exterior walls or parapets of 1 sign per building Determined by name of 3 feet Commercial buildings elevation (maximum tenant; letter/logo 4 signs for each building height not to exceed 3 or structure) feet Monument 1 per building 50 square feet 4.5 feet 5 feet high Tenant Sign Exterior elevations of shopping 1 sign per tenant, per 1 square foot per each 10 feet center and parking structures building elevation lineal foot of storefront facing Newport Center Dr. (not to exceed 100 square feet) North Newport Center Planned Community Development Plan 26 November 10, 2015 16-399 Land Uses, Development Standards & Procedures Section III. Site Development Standards 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Dr., which have their primary address numbers on the cubes along Newport Center Dr. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Sign Maximum Maximum Letter/ Sign Type Location Maximum Number Maximum Sign Size Logo Height Theater Signs Facing Newport Center Dr. 2 300 square feet Theater name: 2 (exterior wall or parapet of building 24 inches 20 feet high 5 feet at San Joaquin Hills Rd. which theater occupies, free 15 feet wide Each show title: entries to Newport standing, or on adjacent parking 2 15 feet high 3 feet high structure) at San Joaquin Hills Rd. (1 per corner) 15 feet wide Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Community 7 signs 36 square feet (with 2- 2 feet Development Director foot overhang) at Avocado Ave. 15 feet high 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Dr., which have their primary address numbers on the cubes along Newport Center Dr. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Sign Maximum Maximum Maximum Letter/ Type Description Location Number of Signs Sign Size Logo Height A Large cube or blade Santa Rosa Dr. 2 15 feet high 24 inches sign located at at San Joaquin Hills Rd. (1 per corner) 15 feet wide entries to Newport Santa Cruz Dr. 2 15 feet high 24 inches Center at San Joaquin Hills Rd. (1 per corner) 15 feet wide Block 500: 4 15 feet high 24 inches San Joaquin Hills Rd. 15 feet wide at Avocado Ave. San Nicolas Dr. at Avocado Ave. MacArthur Blvd. at San Joaquin Hills Rd. San Joaquin Plaza: 1 15 feet high 24 inches Jamboree Rd. 15 feet wide at San Joaquin Hills Rd. B Small cube located San Nicolas Dr. 2 5 feet high 5 inches along Newport Center at Newport Center Dr. (1 per corner) 5 feet wide Dr. Newport Center Dr. 2 5 feet high 5 inches and Santa Rosa Dr. (1 per corner) 5 feet wide Block 600: 5 5 feet high 5 inches Along Newport Center Dr. 5 feet wide North Newport Center Planned Community Development Plan 27 November 10, 2015 16-400 Land Uses, Development Standards & Procedures Section III. Site Development Standards Sign Maximum Maximum Maximum Letter/ Type Description Location Number of Signs Sign Size Logo Height Block B00: 2 5 feet high 5 inches Newport Center Dr. 5 feet wide at Santa Maria Rd. Newport Center Dr. at Santa Barbara Dr. C Other Freestanding Block 100 1 per frontage 5 feet high 10 inches Signs 10 feet wide Block 400: 2 5 feet high 13 inches Avocado Ave. at San Miguel Dr. Along San Nicolas Dr. 1 6 feet wide 13 inches Between 500 and 550 1 4 feet high 18 inches Newport Center Dr. 12 feet wide Block 600: 2 7 feet high 18 inches Along Santa Cruz Dr. 22 feet wide Block 800: 2 6 feet high 8 inches Along Newport Center Dr. 10 feet wide Along Santa Barbara Dr. 1 4 feet high 5 inches/ 6 feet wide 24 inches Santa Cruz Dr. 1 15 feet high 24 inches at Newport Center Dr. 15 feet wide San Joaquin Plaza: 1 each 6 feet high 51/2inches for Tenant ID; Along San Joaquin Hills Rd. (3 signs along San 12 feet wide 18 inches for Project ID Clemente Dr.) Along Santa Cruz Dr. Along San Clemente Dr. San Clemente Dr. 1 5 feet high 18 inches at Santa Cruz Dr. 12 feet wide San Clemente Dr. 1 5 feet high 18 inches at Santa Barbara Dr. 16 feet wide D Signs mounted on Block 400: 1 Determined by name 18 inches landscape walls Facing Newport Center Dr. of tenant; letter/logo (includes ground height not to exceed mounted signs in 18 inches Block 500: 4 Determined by name 26 inches front of landscaping and landscape walls) Facing Newport Center Dr. of tenant; letter/logo height not to exceed 26 inches Block 600: 3 facing San Determined by name 18 inches Facing streets Joaquin Hills; of tenant; letter/logo 5 facing Newport height not to exceed Center Dr.; 18 inches 1 facing Santa Rosa Dr. Block 800: 2 Determined by name 36 inches At San Clemente Dr. project entry of tenant; letter/logo height not to exceed Winches Block 800: 1 Determined by name 36 inches San Clemente Dr. of tenant; letter/logo at Santa Barbara Dr. height not to exceed Winches North Newport Center Planned Community Development Plan November 10, 2015 28 16-401 Land Uses, Development Standards & Procedures Section III. Site Development Standards Sign Maximum Maximum Maximum Letter/ Type Description Location Number of Signs Sign Size Logo Height Block 800 1 Determined by name 40 inches Along Newport Center Dr. of tenant; letter/logo height not to exceed 40 inches E Building Sign On building elevation, awning or 2 per Primary Determined by name Primary Tenant: parking structure Tenant of tenant; letter/logo 24 inches 1 per Secondary height not to exceed: Secondary Tenant: Tenant Primary: 24 inches, 16 inches 3 for restaurants Secondary: 16 inches Restaurant: 40 inches Restaurant: 40 inches F Building Address On building elevation 1 each 24 inches high 24 inches (additional address signs may be located where appropriate for on- site orientation) G Freestanding Santa Rosa Dr. Building Address at Newport Center Dr. Santa Nicolas Dr. at Newport Center Dr. 1 each 8 feet high 6 feet wide 18 inches Santa Cruz Dr. at Newport Center Dr. San Joaquin Hills Rd. 2 8 feet high 28 inches 6 feet wide H Advisory Signs Parking lots and entries to parking lots As appropriate for 6 feet high As required by Fire safety and Department or Building orientation Code for safety purposes Drive Through Signs Drive throughs 1 per tenant per 8 feet wide 15 inches elevation, up to 2 on walls of structure J Apartment Block 100 and Block 800 1 per frontage 5 feet high by 3 feet 24 inches Leasing/Real Estate wide panel on post Signs K Office Leasing Signs Blocks 100, 400, 500, 600, 800 and 1 per frontage 4.5 feet high by 5 7 inches San Joaquin Plaza feet wide 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under development or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 - day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. North Newport Center Planned Community Development Plan 29 November 10, 2015 16-402 Land Uses, Development Standards & Procedures Section III. Site Development Standards Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub -areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors, and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50% of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. North Newport Center Planned Community Development Plan 30 November 10, 2015 16-403 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration IV. Planned Community Development Plan Administration A.l Process for New Structures (with the Exception of 150 Newport Center Drive) 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Community Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects North Newport Center Planned Community Development Plan 31 November 10, 2015 16-404 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the Community Development Director, and the Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code. A.2 Site Development Review, 150 Newport Center Drive 1. Purpose and Intent The purpose of the Site Development Review (SDR) process is to ensure new development proposal within the 150 Newport Center Planned Community Development are consistent with the goals and policies of the General Plan, and provisions of the Planned Community Development Plan. 2. Application Prior to the issuance of building permits for the site development, a SDR application shall be required for the 150 Newport Center Planned Community Development in accordance with Section 20.52.080 (Site Development Reviews) of the NBMC. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. The project applicant shall submit an application to the Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether North Newport Center Planned Community Development Plan November 10, 2015 32 16-405 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Community Development Director. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 33 November 10, 2015 • �1ol Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration [this page intentionally blank] North Newport Center Planned Community Development Plan November 10, 2015 34 16-407 Land Uses, Development Standards & Procedures Section V. Definitions V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check -cashing services. Drive-through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: - Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. - Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 404040404034. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. North Newport Center Planned Community Development Plan 35 November 10, 2015 • � 1:j Land Uses, Development Standards & Procedures Section V. Definitions Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: - arcades or electronic games centers having three or more coin-operated game machines - bowling alleys - billiard parlors - cinemas - ice/roller skating rinks - live entertainment - pool rooms - tennis/racquetball courts - theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. North Newport Center Planned Community Development Plan November 10, 2015 36 • /RJ Land Uses, Development Standards & Procedures Section V. Definitions Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass/contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the Zoning Administrator. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Dr. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on-site equipment - home electronics and small appliance repair - postal services - locksmiths - self-service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. North Newport Center Planned Community Development Plan 37 November 10, 2015 16-410 Land Uses, Development Standards & Procedures Section V. Definitions Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non -durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering - clothing and accessories - convenience markets/stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 4040404 04034. Secondary Tenant: A small tenant; not the primary tenant of an office building. North Newport Center Planned Community Development Plan November 10, 2015 38 Land Uses, Development Standards & Procedures Section V. Definitions Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code §51.3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses designed, oriented, and intended to primarily serve building, block, and proximate sub -area occupants and users. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 39 November 10, 2015 16-412 Land Uses, Development Standards & Procedures Section V. Definitions MECHANICAL PENTHOUSE ELEVATOR OVERUN TOP OF PARAPET OF-LA$T OCCUPIED, SPACE FINISH GRADE NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. Graphic 1, Example of Building Height and Rooftop Appurtenances North Newport Center Planned Community Development Plan November 10, 2015 40 16-413 Land Uses, Development Standards & Procedures Appendix — Design Regulations NORTH NEWPORT CENTER DESIGN REGULATIONS North Newport Center Design Regulations November 10, 2015 16-414 Land Uses, Development Standards & Procedures Appendix — Design Regulations [this page intentionally blank] North Newport Center Design Regulations November 10, 2015 16-415 Land Uses, Development Standards & Procedures Appendix — Design Regulations I. Introduction......................................................................................................................................... 1 A. Purpose of Design Regulations........................................................................................................ 1 B. Newport Center Design Framework................................................................................................. 1 C. North Newport Center...................................................................................................................... 4 II. Design Regulations............................................................................................................................. 7 Usingthese Regulations............................................................................................................................. 7 A. Building Location and Massing........................................................................................................ 7 1. Site Planning Elements.......................................................................................................... 7 2. Building Envelope.................................................................................................................. 8 3. Building Character and Style................................................................................................. 9 4. Building Materials and Colors............................................................................................. 12 5. Parking Structures................................................................................................................ 12 B. Landscape.......................................................................................................................................13 1. Overall Landscape................................................................................................................ 13 2. Perimeter and Street Landscape........................................................................................... 14 3. Parking Lot Landscape......................................................................................................... 16 4. Internal Landscape............................................................................................................... 16 C. Circulation......................................................................................................................................17 1. Streets and Pedestrian Activity............................................................................................ 17 2. Service and Emergency........................................................................................................ 20 3. Parking Lots......................................................................................................................... 21 D. Orientation and Identity.................................................................................................................. 22 1. Gateways and Entrances...................................................................................................... 22 2. View Corridors.....................................................................................................................23 3. Landmarks............................................................................................................................24 4. Signage.................................................................................................................................25 5. Lighting................................................................................................................................32 North Newport Center Design Regulations November 10, 2015 16-416 Land Uses, Development Standards & Procedures Appendix — Design Regulations [this page intentionally blank] North Newport Center Design Regulations November 10, 2015 16-417 I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations maybe achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defined in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600 -acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: 1. Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in "blocks" and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character Aerial view of bluff (circa 1960) North Newport Center Design Regulations November 10, 2015 16-418 Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. North Newport Center Design Regulations November 10, 2015 2 16-419 may. w 1 S , The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. North Newport Center Design Regulations November 10, 2015 2 16-419 General Plan Policies Newport Center The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. Development Scale: Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Dr., establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Dr. with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed -Use District and Neighborhood The following policies from the Land Use Element are City-wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: - Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts - Visual and physical integration of residential and non-residential uses - Architectural treatment of building elevation and modulation of their massing - Separate and well-defined entries for residential units and non-residential businesses - Design of parking areas and facilities for architectural consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontages but integrate landscape into interior courtyards and common open spaces North Newport Center Design Regulations November 10, 2015 16-420 Mixed -Use Building Location and Size of Non -Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed -Use buildings be occupied by retail and other compatible non-residential uses, unless specified otherwise by policies for a district or corridor. Parcels Integrating Residential and Non -Residential Uses: Require that properties developed with a mix of residential and non-residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi -family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses, and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non-residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. Districts Integrating Residential and Non -Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non-residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses. Aerial of Newport Center — 2007 C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and 800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport Center are office buildings, an North Newport Center Design Regulations November 10, 2015 16-421 apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed-use district that features an open-air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a master planned environment featuring a consistent landscape. North Newport Center Design Regulations November 10, 2015 16-422 [this page intentionally blank] North Newport Center Design Regulations November 10, 2015 16-423 II. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location, and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form, which generally consists of buildings that are organized orthogonally to create pedestrian -friendly courtyards and promenades that visually link the buildings into clusters, as seen in the diagrams below. Pedestrian promenade at Fashion Island Pedestrian courtyard at 550 Newport Center Dr. Building interface at San Joaquin Plaza North Newport Center Design Regulations 7 November 10, 2015 16-424 b. In Mixed -Use sub -areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. C. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains, and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. New buildings should be arranged to provide convenient access to entrances and efficient on-site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses. Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and developing shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged. Example of resident open space 2. Building Envelope Example of office courtyard a. New buildings should respect the existing development scale, which generally consists of high-rise buildings (10+ stories) clustered along the northerly section at the highest point in Newport Center. Mid -rise office buildings (5-10 stories), low- rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Highway. North Newport Center Design Regulations November 10, 2015 16-425 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed-use sub -areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. C. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short-lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof -mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from the street. The height of rooftop appurtenances shall not exceed the height of the screening. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right-of-ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right-of-ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. h. Avoid long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. j. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. North Newport Center Design Regulations 9 November 10, 2015 16-426 Example of appropriate high-rise architecture Example of straight forward geometry and expression of floor levels Examples of classically inspired architecture North Newport Center Design Regulations November 10, 2015 Example of appropriate low-rise form Example of retail storefront visibility to pedestrians 10 16-427 (Not to Scale) �. -,-------- 20' Z, l4" qp 11` 4 IVA i �- Example of architectural feature (Not to Scale) -------------120' -j -- Not �.l Example of architectural feature MECHANICAL PENTHOUSE Example of building height measurement on sloping terrain North Newport Center Design Regulations November 10, 2015 z 16-428 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid - rise roofs. C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. e. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example of appropriate retail finishes 5. Parking Structures Example of appropriate low-rise finishes a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. C. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Dr. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f. The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. h. Vehicular entries for non-residential parking structures should be obvious and inviting. North Newport Center Design Regulations November 10, 2015 12 16-429 Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. Block 600 parking structure demonstrating rectangular form and vines to soften visual impact B. Landscape Intent West parking structure at Fashion Island demonstrating rectangular form and varied landscape to soften visual impact The intent of the landscape standards is to ensure that new commercial and residential development preserves and enhances the existing landscape character of North Newport Center. 1. Overall Landscape a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought -tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low -flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. The landscape palette should consist of two distinct groups of plant materials: Accent planting, including palms, cypress, and color accents Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. Planting should be organized in layers of plant size and variety such as flowering, cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. North Newport Center Design Regulations 13 November 10, 2015 16-430 Example of appropriate landscape variety complementing the building form Example of layering principles Example of vertical and horizontal plant forms 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub -areas and along streets of new commercial and residential development should complement the street tree pattern, enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures. b. Existing trees along public streets should be preserved, and new trees should be installed to fill in gaps. C. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. North Newport Center Design Regulations November 10, 2015 14 16-431 Newport Center Dr. landscape variety San Joaquin Hills Road landscape North Newport Center Design Regulations November 10, 2015 San Nicolas landscape showing screening of parked cars Landscape adjacent to 888 San Clemente parking structure 15 16-432 3. Parking Lot Landscape New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. Evergreen hedges should be used to screen parked cars. Fashion Island parking lot tree placement 4. Internal Landscape San Joaquin Plaza evergreen hedges that screen parked cars New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Example of trees adding variety to pedestrian experience North Newport Center Design Regulations November 10, 2015 Example of landscaping creating strong visual continuity 16-433 C. Circulation Intent The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. C. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Dr. and pedestrian connections to/in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub -area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Dr. and the retail core of Fashion Island. f. Amenities such as benches, plazas and other pedestrian -oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. h. New benches, street trees, directional signs, trash receptacles, and exterior lighting are encouraged in the public right-of-ways to reinforce pedestrian activity. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Pedestrian walkway from Newport Center Dr. to Fashion Island Example of pedestrian amenities North Newport Center Design Regulations 17 November 10, 2015 16-434 Example of pedestrian connectivity to the street (between 500 and 550 Newport Center Dr.) Pedestrian amenities in Fashion Island Pedestrian amenity in Fashion Island Example of a strong pedestrian pathway North Newport Center Design Regulations November 10, 2015 Example of the crescent walk design framework Example of pedestrian oriented enhancement Storefront interface with pedestrians Fashion Island paseo 16-435 - Crescent Walk � Vehicular Circulation Pedestrian Connection to Fashion Island North Newport Center Design Regulations 19 November 10, 2015 16-436 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic. C. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf -block may be used in landscape areas where fire access is necessary. e. Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. Fashion Island loading dock North Newport Center Design Regulations November 10, 2015 Fashion Island loading dock 20 16-437 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. C. Convenient, well -marked, and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. Pedestrian entrance from surface parking at 680 Newport Center Dr. demonstrating flow from parking to building Well-defined walkway from Newport Center Dr. into Fashion Island at San Nicolas Well-defined pedestrian walkway in 5001550 Newport Center Dr. parking lot North Newport Center Design Regulations 21 November 10, 2015 16-438 D. Orientation and Identity Intent The intent of the standards for orientation, identity, and safety is to ensure that new commercial and residential development promotes wayfinding for residents and visitors, strengthens North Newport Center's sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the "landscape corners" should be retained. San Joaquin Hills Road and Jamboree Road San Joaquin Hills Road and Santa Cruz Dr. North Newport Center Design Regulations November 10, 2015 San Joaquin Hills Road and MacArthur San Joaquin Hills Road and Santa Cruz Dr. 22 16-439 2. View Corridors New development should preserve views of major retail tenants in Fashion Island from Newport Center Dr. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility Fashion Island major tenant visibility Balconies at 888 San Clemente featuring ocean views North Newport Center Design Regulations 23 November 10, 2015 16-440 3. Landmarks As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance wayfinding. The Island Hotel as a landmark building Wind chime as a landmark at Macy's Palms as a landmark at the southern entry into Fashion Island North Newport Center Design Regulations November 10, 2015 24 16-441 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. C. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfinding signs should be unified within each sub -area. £ Simplicity and legibility are encouraged. g. Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally -illuminated, halo -illuminated, externally illuminated, or non -illuminated. j. Sign types A -K and their corresponding locations are shown on the following pages. Project identification sign Directional sign Business identification sign Temporary signs mounted on construction fence North Newport Center Design Regulations 25 November 10, 2015 16-442 FASHION I NCE TERM ISLAND' ` NEW FkSlfl�h ISLAND _ , ' NEWPORT CENTER ISL�NN -- g isANo ware Em��s" :��. " CENTER _ N9oIfRR&Ei RAC1"b y WiNL14, SAND HOTEL E9AiM1 F9M 1NfW5 rW� — ISLAND HOTEL l � � _-•� II -y -,� s`4 � r � •._. ice,. FASHION ; `,'-� 'r '- J , �'.'.�� } �^; FASHION ISLAND I �. t, �° ISLAND REnuEnwcaues nAtrs L f - °`' ... i ISLAND HOTEL NOtRSTROM MFJNAN MARKS y v I, �+.•1 Jam`. +A , BLSIOMINGDASMANMARC - -, � - � � '� +� , •X � MORRSTf10M • MEIMAN MARCUS i , f h _ � . ' . � � ;lair.., � �'\ . ` ri .�' `� � 4.� � :� �—{ • L r., 3 rim 111P7 ewP.n c Iv, vw ----- —.Ty 'lemente Is w" MAY PLAZA 0 NEWPORT CENTER DRIVE ml t Il M lip p, vT FNTIR GATEWAY PLAZA 100-190 NEWPORT CENTER DRIVE �otlN New "TIENIER DRIVE -T w EL -/ 000- 4 J6eo M 4 v 11111(41 6 CrNNATIONALBANK MNC OF CALIFORNIA Sign E, F, G, H, I and J — Miscellaneous Signs (existing signs as of June 2015) Sign E — Building Sign* of INS o Sign F — Building Address* r 660 Sign I — Drive Through Signs (none) Sign J — Apartment Leasing Signs �r '+ J2 11 North Newport Center Design Regulations November 10, 2015 Sign G — Freestanding Building Address .. --G1 G2 Sign H — Advisory Signs* `Photographs of Sign Types E, F, and H are provided for reference purposes. A full inventory of those signs is not provided herein. 30 16-447 z :�m IG 2550 7,1 A r +.i�. ie It rl, "o Land Uses, Development Standards & Procedures Appendix — Design Regulations 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub -area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. C. Light fixtures should not cast off-site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. ATM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights, pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 North Newport Center Design Regulations November 10, 2015 Non -glare producing lights at 888 San Clemente 32 Attachment V Fiscal Analysis 16-450 MEMO TO: Brenda Wisneski, AICP, Deputy Community Development Director City of Newport Beach FROM: Doug Svensson, AICP DATE: July 11, 2016 SUBJECT: Fiscal Analysis for 150 Newport Center INTRODUCTION The fiscal analysis uses the Newport Beach Fiscal Impact Model to help calculate revenue and cost impacts of the proposed project. This model was initially developed in support of the General Plan Update, which was adopted in 2006.1 The model has been updated to reflect Fiscal Year 2015-2016 costs and revenues from the Newport Beach City Budget. The fiscal impact model calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes as well as a variety of user charges and fees. The fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in approximately the same way that existing development does. The model nets out certain costs that are unlikely to change with expansion of City government, such as the number of City Department Directors and Division managers, as well as the City Council and City Clerk expenditures, but otherwise assumes that City administrative support and overhead tends to increase as City government activities grow to provide services to an expanding population and employment base. Over the long term, this is clearly the dynamic that local governments experience. In the short term, development projects may have lower or higher cost impacts depending on the existing capacity of City services to accommodate more 'A technical description of the fiscal impact model may be found in: Applied Development Economics, Fiscal Impact Analysis and Model, Newport Beach General Plan Update, January 2004. 255 Ygnacio Valley Road, Suite 200, Walnut Creek, CA 94596 ■ Tel 925.934.8712 99 Pacific Street, #200 J, Monterey, CA 93940 ■ 831.324.4896 www.adeusa.com 16-451 development, and the level of expenditure needed to expand services incrementally if existing capacity is not available. PROJECT DESCRIPTION THE PROPOSED PROJECT The proposed project would convert an existing car wash/gas/convenience store development consisting of 8,500 sq.ft. of building space on 1.26 acres to 49 residential units in a seven story building of 163,260 gross sq.ft. The project would consist of 10 townhomes on the first two floors, 35 residential flats on the middle floors and 4 penthouse units on the top floor. The units would range in size from 1,645 sq.ft. to 5,371 sq.ft. The proposed project would include underground parking and other amenities such as a club room, a pool and a catering kitchen, as well as underground parking. The site is located adjacent to the Fashion Island Regional Retail Center and is bounded by Newport Center Drive to the North and Anacapa Drive to the west. PROJECT ALTERNATIVES The fiscal analysis analyzes the same project alternatives as the DEIR. The alternatives include the existing carwash use on the site, two other non-residential uses consistent with the existing General Plan designation on the site, including office use and a retail/restaurant use, and two reduced size residential developments. No Project: Existing Use. The existing use is an 8,500 building occupied by a car wash and small convenience store. The business also sells gas. No Project: Office Use. This alternative assumes the car wash would be replaced with an 8,500 sq.ft. office building housing administrative and professional offices serving local and regional markets, with limited accessory retail, financial, service, and entertainment uses. Commercial/ Restaurant Redevelopment. This alternative would also include an 8,500 sq.ft. building but with a restaurant use supplemented by ancillary retail. For purposes of the analysis, ADE has assumed this would be a national chain fine dining type of establishment. Multiple Unit Residential (RM) Alternative. The Multiple Unit Residential (RM) Alternative evaluates redevelopment of the project site with a multi -family residential building that offers 25 market -rate rental or ownership units. For purposes of the fiscal analysis, ADE has assumed these units would be similar to the residential flats in the proposed project. Reduced Dwelling Units Alternative. This alternative reduces the height of the building by 14 feet and one floor, thus eliminating the penthouse from the proposed project. This development would have 45 units, which ADE has assumed would be similar to the townhomes and residential flats in the proposed project. Applied Development Economics I Page 2 16-452 SOCIOECONOMIC CHARACTERISTICS In order to calculate the fiscal effects of the proposed changes, it is necessary to estimate certain socio-economic characteristics of the land uses, including population and employment, assessed value, household spending on taxable retail goods in Newport Beach, and direct sales taxes from the non- residential uses in the alternatives. The DEIR for the project indicates that the average household size in Newport Beach is 2.24 persons, and calculates a projected population for the proposed project of 110 persons. The RM Alternative and the Reduced Units Alternative would have 56 and 101 residents, respectively. ADE estimated employment onsite for the non-residential alternatives based on industry surveys for specific types of land use, as shown in Table 1. For the car wash use, ADE assumed a full service detail operation, given the size of the site, rather than a fully automated, self-service system. While there are no industry guidelines for employment densities in this type of facility, they tend to be relatively labor intensive, although less so than a full service restaurant or an office development of the same size. Table 1 also shows the factors used in the analysis to estimate the assessed value and taxable sales for each of the non-residential land uses. TABLE 1: SOCIOECONOMIC CHARACTERISTICS FOR • TAXABLE SQ. FT. MARKET ASSESSED SALES/ LAND USE SQ.FT. EMPLOYEE .SOBS VALUE/SQ.FT. VALUE SQ.FT. Car Wash 8,500 400 21 $200 $1,700,000 $323 Office 8,500 274 31 $250 $2,125,000 $555 Retail 8,500 234 36 $350 $2,975,000 $120 Sources: Employee densities based on The Natelson Company, Employee Density Study; Market values based on Colliers International, Office and Retail GLA Reports for Orange County Q1 2016. Taxable Sales based on Urban Land Institute, Dollars and Cents of Shopping Centers, Bureau of the Census, Census of Retail Trade and CA Board of Equalization. The assessed value for the proposed project has been derived from projected sales data provided by the project sponsor, in comparison to the recent Meridian development which also includes luxury residential housing.Z The sales values are projected to range from $1,500 per sq.ft. to $1,800 per sq.ft. A review of recent new home construction in Newport Beach identifies a number of units priced above $1,000 per sq.ft. so it is likely in today's market the upper end of luxury residential units could reach these price levels. The total residential assessed value in the project is estimated at $193.7 million, for an average of $3.95 million per unit (Table 2). The analysis uses similar factors for the two residential alternatives, also shown in Table 2. The outcome of the fiscal analysis is highly affected by the assessed values of the units, which generate property taxes for the City. The alternatives may feature units with lower average values, but for sake 2 Makana Nova, Associate Planner, City of Newport Beach, personal communication, July 8, 2016. Applied Development Economics I Page 3 16-453 of consistency ADE has assumed all of the residential alternatives would serve the same high end market levels as the proposed project. ESTIMATED ASSESSED VALUES FOR NEWPORT TABLE .ENTIAL UNITS IN THE PROJECT AT 150 UNIT TYPE AVERAGE UNIT SIZE NO. OF UNITS AV/SQ.FT. ASSESSED VALUE PER UNIT TOTAL ASSESSED VALUE Proposed Project Townhome 3,500 10 $1,500 $5,261,000 $52,607,000 Residential Flat 2,100 35 $1,500 $3,087,000 $108,045,000 Penthouse 4,600 4 $1,800 $8,276,000 $33,105,000 Total 49 $193,757,000 RM Alternative Residential Flat 2,100 25 $1,500 $3,087,000 $77,175,000 Reduced DU Alternative Townhome 3,500 10 $1,500 $5,261,000 $52,607,000 Residential Flat 2,100 35 $1,500 $3,087,000 $108,045,000 Total 45 $160,652,000 Source: ADE, Inc., based on the project description in the DEIR and information provided by the project sponsor. The analysis uses the residential unit values to estimate household income and taxable retail spending, as shown in Table 3. For units in this price range, it is difficult to know the financial circumstances of the buyers. Frequently high wealth individuals will pay a higher amount in down payment and the remaining mortgage payments may be well below their financial capacity in terms of their annual income levels. However, for purposes of the analysis, ADE assumed buyers would put 30 percent down on the townhomes and residential flats and 50 percent on the penthouses. Assuming the rest of the purchase price is financed for 30 years at 4 percent per year, the monthly payments are shown in the third column of Table 3. We assume that monthly housing cost comprises 30 percent of household income, resulting in household incomes ranging from $413,000 to $790,000 per year. ADE has analyzed consumer expenditure surveys published by the Bureau of Labor Statistics, and at these income levels, households typically spend less than 20 percent of their income on retail goods. Of those expenditures, about 87 percent are taxable items (non-food). We have assumed for purposes of these calculations that households would spend two-thirds of their annual retail budget in Newport Beach, and the remaining one-third would be spent at retail centers in other cities or on out-of-town trips. The City receives sales tax at the rate of one percent of taxable sales. The resulting sales tax figures are shown with the other revenues and costs in Table 4 below. Applied Development Economics I Page 4 16-454 Source: ADE, Inc. FISCAL IMPACTS The analysis, summarized in Table 4 below, estimates the current fiscal impact of the proposed project and each of the alternatives. For the residential project and alternatives, the primary revenue source generated for the City is the property tax. The City receives about 20 percent of the base property tax that property owners pay, but in addition the City gets a share of property tax from the state in lieu of vehicle license fees, which adds about ten percent to the total property tax revenues for Newport Beach. In contrast, for the non-residential alternatives the sales tax is a greater revenue generator. To a large extent this is because the buildings for the non-residential uses are much smaller than the residential options, but also the values per sq.ft. of building space are lower than the luxury residential units proposed for this project. There is no information on the actual sales tax produced by the existing car was use on the site, but gas sales typically are a relatively high sales tax generator. In addition, convenience stores have a high proportion of taxable goods for sale. ADE estimates this facility likely generates about $27,500 per year in sales tax for Newport Beach, assuming full operation of this use on the site. The office alternative would house business uses that have relatively little potential to generate sales tax. At times, office -based businesses have a point of sale operation that generates sales tax even though it is not a store front retail operation, but most often professional services, financial offices and other businesses that occupy office space do not provide taxable goods or services. Therefore, the office use is projected to generate about $10,100 in sales tax and $22,600 total in various City revenues. Nearly all of this revenue would be expended to provide incidental City services to the site, so the office use has a neutral fiscal impact. The potential restaurant alternative could be a relatively high sales tax generator, as the fine dining business is 100 percent taxable. However, one issue is that visitor -serving, entertainment uses tend to generate higher levels of police calls for service and therefore can generate higher costs for the City than other non-residential uses. This is not unique to Newport Beach, but is exacerbated for the City due to the high volumes of visitors during peak tourist seasons. It is difficult to say whether the retail/restaurant use that would occupy this site would contribute to demand for higher police services, but the fiscal model uses a conservative assumption that this use would be similar to other visitor serving uses, and estimates that the facility would require police costs of up to $27,900 per year. Applied Development Economics I Page 5 16-455 HOUSEHOLDESTIMATED TABLE . UNIT TYPE UNIT VALUE MONTHLY MORTGAGE PAYMENT ANNUAL INCOME @30% SALES TAX PER UNIT Townhome $5,261,000 $17,600 $703,000 $800 Residential Flat $3,087,000 $10,300 $413,000 $470 Penthouse $8,276,000 $19,800 $790 000 $900 Source: ADE, Inc. FISCAL IMPACTS The analysis, summarized in Table 4 below, estimates the current fiscal impact of the proposed project and each of the alternatives. For the residential project and alternatives, the primary revenue source generated for the City is the property tax. The City receives about 20 percent of the base property tax that property owners pay, but in addition the City gets a share of property tax from the state in lieu of vehicle license fees, which adds about ten percent to the total property tax revenues for Newport Beach. In contrast, for the non-residential alternatives the sales tax is a greater revenue generator. To a large extent this is because the buildings for the non-residential uses are much smaller than the residential options, but also the values per sq.ft. of building space are lower than the luxury residential units proposed for this project. There is no information on the actual sales tax produced by the existing car was use on the site, but gas sales typically are a relatively high sales tax generator. In addition, convenience stores have a high proportion of taxable goods for sale. ADE estimates this facility likely generates about $27,500 per year in sales tax for Newport Beach, assuming full operation of this use on the site. The office alternative would house business uses that have relatively little potential to generate sales tax. At times, office -based businesses have a point of sale operation that generates sales tax even though it is not a store front retail operation, but most often professional services, financial offices and other businesses that occupy office space do not provide taxable goods or services. Therefore, the office use is projected to generate about $10,100 in sales tax and $22,600 total in various City revenues. Nearly all of this revenue would be expended to provide incidental City services to the site, so the office use has a neutral fiscal impact. The potential restaurant alternative could be a relatively high sales tax generator, as the fine dining business is 100 percent taxable. However, one issue is that visitor -serving, entertainment uses tend to generate higher levels of police calls for service and therefore can generate higher costs for the City than other non-residential uses. This is not unique to Newport Beach, but is exacerbated for the City due to the high volumes of visitors during peak tourist seasons. It is difficult to say whether the retail/restaurant use that would occupy this site would contribute to demand for higher police services, but the fiscal model uses a conservative assumption that this use would be similar to other visitor serving uses, and estimates that the facility would require police costs of up to $27,900 per year. Applied Development Economics I Page 5 16-455 While the restaurant use would generate higher revenues overall than the other non-residential alternatives, it has a lower net fiscal benefit than the existing car wash/gas sales use of the site. Source: ADE, Inc. Note: Totals may not add due to rounding. The proposed project and the other residential alternatives all have a much higher fiscal benefit than the non-residential alternatives, and the variation in net revenue is mainly due to the number of dwelling units in each alternative. In terms of City costs, the DEIR indicates that the proposed project would not have a significant impact on police, fire or other City services. The project site is in an intensely developed urban area of the City and existing service capacities are sufficient to provide services to the proposed uses on the site. However, with the more intensive residential uses, it may Applied Development Economics I Page 6 16-456 TABLE PROJECTED FISCAL IMPACT OF THE PROPOSED PROJECT AT 150 NEWPORT CENTER AND THE ALTERNATIVES Annual Revenues/Costs Proposed Existing Office Restaurant RM Reduced r Budget Category Project Use Alternative Alternative Residential Residential REVENUES GENERALFUND Property Tax $387,513 $3,400 $4,250 $5,950 $154,349 $321,304 Property Tax in lieu of Vehicle License Fees $38,407 $337 $421 $590 $15,298 $31,845 Sales Tax $27,923 $27,498 $10,133 $47,128 $11,693 $24,341 Transient Occupancy Tax $48 $0 $0 $0 $26 $47 Franchise Fees $2,014 $672 $980 $1,149 $1,027 $1,849 Business Licenses $786 $1,403 $1,050 $1,378 $401 $722 Other Intergovernmental $1,002 $194 $283 $332 $511 $920 Charges for Service $8,514 $1,648 $2,403 $2,818 $4,344 $7,819 Fines, Penalties, and Forfeitures $2,274 $440 $642 $753 $1,160 $2,089 Licenses and Permits $391 $76 $110 $129 $199 $359 Use of Property $2,274 $440 $642 $753 $1,160 $2,089 Other Revenue $230 $45 $65 $76 $117 $211 Interest Income $1,318 101 59 171 532 1 100 SUBTOTAL GENERAL FUND $472,695 $36,254 $21,037 $61,225 $190,819 394 694 GAS TAX $2,333 $0 $0 $0 $1,191 $2,143 MEASURE M $4,268 $4,203 $1,549 $7,204 $1,787 3 721 SUBTOTAL OTHER FUNDS $6,602 $4,203 $1,549 $7,204 $2,978 $5,864 TOTAL REVENUE $479,296 $40,457 $22,586 $68,429 $193,797 $400,558 EXPENDITURES GENERALFUND General Government $12,643 $1,194 $1,733 $3,967 $6,039 $11,283 Police $28,969 $4,218 $6,148 $27,907 $14,780 $26,604 Fire $59,943 $4,293 $6,185 $7,352 $26,156 $51,520 Public Works $21,049 $4,075 $5,940 $6,966 $10,739 $19,330 Community Development $1,308 $253 $369 $433 $667 $1,201 Community Services $24,706 $0 $0 $0 $12,605 $22,689 CIP Streets $1,092 $543 $792 $7,238 $589 $1,060 Other CIP Projects $392 $76 $111 $130 $200 $360 SUBTOTAL GENERAL FUND $150,102 $14,652 $21,278 $53,992 $71,776 $134,048 GAS TAX $583 $290 $422 $3,862 $314 $566 MEASURE M 933 464 677 $6,188 503 906 SUBTOTAL OTHER FUNDS $1,516�25 $754 $1,099 $10,050 $818 $1,472 TOTAL EXPENDITURES $151,6185 406 $22,377 $64,042 $72,594 $135,520 NET COST /REVENUE $327,679 051 209 $4,387 121 203 $265,038 Source: ADE, Inc. Note: Totals may not add due to rounding. The proposed project and the other residential alternatives all have a much higher fiscal benefit than the non-residential alternatives, and the variation in net revenue is mainly due to the number of dwelling units in each alternative. In terms of City costs, the DEIR indicates that the proposed project would not have a significant impact on police, fire or other City services. The project site is in an intensely developed urban area of the City and existing service capacities are sufficient to provide services to the proposed uses on the site. However, with the more intensive residential uses, it may Applied Development Economics I Page 6 16-456 be expected that there would be some additional calls for service, particularly for public safety and perhaps traffic related incidents, compared to the existing use on the site. The fiscal model, therefore, shows some incremental cost for City services, but the annual expenditure amounts are all well below the amount needed to support an additional full staff person, meaning that the service impacts would be an incremental increase of service activity for existing personnel. The proposed project would generate the most revenue for the City and would have a proportionally higher net fiscal benefit, of about $327,700 per year, compared to $121, 200 for the 25 -unit Multiple Residence alternative and $265,000 for the Reduced Dwelling Unit and Height alternative. CONCLUSION The proposed residential use of the site would generate a positive fiscal benefit for the City due to the building intensity and high value of the proposed development. The smaller residential alternatives would also produce positive fiscal impacts provided they are developed for the same luxury residential market as the proposed project. The 2006 General Plan designated the site for non-residential use, consistent with the office alternative or the restaurant use (if a Conditional Use Permit were granted). These alternatives would also have a positive, or at least neutral, fiscal benefit, although much lower than the existing car wash use or the residential alternatives as proposed. Overall, the General Plan increased development potential for commercial and lodging uses substantially, in addition to the new residential units it would permit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year.3 Due to the high market level targeted by the proposed project, it would exceed the fiscal benefit from the potential non-residential uses of the site under the existing General Plan. 3 Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014. p. 3 Applied Development Economics I Page 7 16-457