Loading...
HomeMy WebLinkAbout4.0 - Museum House Residential Project - PA2015-152 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 20, 2016 Meeting Agenda Item 4 SUBJECT: Museum House Residential Project (PA2015-152) 850 San Clemente Drive • General Plan Amendment No. GP2015-001 • Planned Community Development Plan No. PC2015-001 • Site Development Review No. SD2016-001 • Vesting Tentative Tract Map No. NT2016-001 (County Vesting Tentative Tract Map No. 17970) • Development Agreement No. DA2016-001 • Traffic Study (TPO) No. 2015-004 • Environmental Impact Report No. ER2016-002 APPLICANT: Related California Urban Housing, LLC OWNER: Newport Harbor Art Museum PLANNER: Gregg Ramirez, Senior Planner (949) 644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY The applicant is seeking approval of a 100-residential unit condominium project, the Museum House. The proposed project includes demolition of the existing 23,632 square- foot Orange County Museum of Art (OCMA) building. The proposed tower consists of 25- floors totaling approximately 295 feet from finished grade to the top of the roof-mounted equipment and two levels of subterranean parking. The project site is approximately two acres (86,942 square feet) and is located between Santa Cruz Drive to the east and Santa Barbara Drive to the west. The applicant requests the following approvals: • General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi-Unit Residential (RM-100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi-Unit Residential. The PC amendment also includes new residential development standards including a 295-foot height limit measured from finished grade. • Vesting Tentative Tract Map — To allow the 100 individual dwelling units to be sold separately as condominiums. 1 Museum House Residential Project Planning Commission, October 20, 2016 Page 2 • Site Development Review—To ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC). • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO). • Development Agreement — To comply with Section 15.45.020 of the Newport Beach Municipal Code (NBMC) because the requested GPA includes 50 or more units. • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to California Environmental Quality Act (CEQA). • Revoke Use Permit — To revoke Use Permit No. UP2015-017 (PA2015-086), which allows beer and wine sales at the museum. • Revoke Modification Permit - To revoke Modification Permit No. MD2004-059 (PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ (Attachment No. PC 1) and attached Exhibits recommending the City Council: • Certify Environmental Impact Report No. ER2016-002; and • Approve General Plan Amendment No. GP2015-001, Planned Community Development Plan No. PC2015-001, Site Development Review No. SD2016-001, Vesting Tentative Tract Map No. NT2016-001 (County Tentative Tract Map No. 17970), Traffic Study (TPO) No. TS2015-004, and Development Agreement No. DA2016-001 INTRODUCTION Analysis of the proposed project should be is considered in four components: A) The land use legislative amendments establishing residential uses at this location, which include the GPA and amendment of PC-19, the San Joaquin Plaza Planned Community; B) The project entitlement including the site development review and tentative tract map; C) The project impact analysis including the environmental impact report and traffic study and other identified points of interest; and D) The proposed development agreement and other project considerations. The project site is located in the northwest area of Newport Center as shown on the following figure. 2 Museum House Residential Project Planning Commission, October 20, 2016 Page 3 s a1 Subject Property �� •�rl — ^ r hr BJff j a rx r.j c _ ex fr z S z GENERAL PLAN ZONING \1 \ LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE PI (Private Institutional) PC -19 (San Joaquin Plaza) Orange County Museum of Art NORTH MU-1-13 (Mixed-Use PC-56 (San Joaquin Plaza Villas at Fashion Island Horizontal) Sub-Area) Apartments Multiple Residential PC-56 (North Newport Center, Pacific Life Office Building and SOUTH (RM)and Regional Block 800 Sub-Area)and OR The Colony Apartments Commercial Office CO-R (Office Regional Commercial) EAST MU-1-13 (Mixed-Use PC-56 (San Joaquin Plaza Parking Structure and Horizontal) Sub-Areal_ Apartments PI (Private Institutional) PC-56 (North Newport Center, OCMA Administration Building WEST and MU-1-13 (Mixed-Use Block 100 Sub-Area) and Parking Structure Horizontal) 3 Museum House Residential Project Planning Commission, October 20, 2016 Page 4 DISCUSSION Project Description The requested amendment would allow 100 residential dwelling units and a maximum building height of 295 feet as measured from finished grade at the building entrance to top of roof. The tower footprint would measure approximately 75 feet by 22 feet, with floors becoming progressively smaller at the higher levels. The building would be located in the northeastern portion of the site and angles diagonally so the lobby entrance faces the entry motor court. The site would be raised to a finished grade of approximately 187 above mean sea level (AMSL) and would be generally even with the grade of the adjacent San Clemente Drive right-of-way. The proposed tower is 482 AMSL to the top of the mechanical enclosure. Therefore, the height from finished grade is 295 feet. The 100 dwelling units would consist of 54 two-bedroom, three-bath units, and 46 three-bedroom, four-bath units. Unit sizes range between 1,800 to 6,000 square feet. The 25-story building, as proposed, includes a total floor area of 391,158 square feet, not including the subterranean garage levels. Building architecture includes a textured stone base, masonry frames and pilasters, and metalwork details. The exterior is predominantly stone and masonry with large-scale architectural features such as multistory bay windows, large balconies, and terraces. All mechanical equipment and elevator overruns would be enclosed above the top floor. The main residential tower is set back a minimum of 36 feet from the front property line (San Clemente Drive), 34 feet from the right property line (adjacent to the office parking structure), 10 feet to the left property line (adjacent to the OCMA administration building site) and 42 feet to the rear property line (adjacent to the Villas at Fashion Island apartments). Parking level and basement setbacks occur largely below grade and are not immediately visible from the street frontage along San Clemente Drive. They maintain a minimum 10-foot setback except on the right side where the access road is located along the property line adjacent to the office parking structure. Access to the site will be via San Clemente Drive. An entry gate and guard house staffed 24 hours per day would be located in a driveway off San Clemente Drive opposite Santa Maria Road. Parking is provided in a two-level underground structure in addition to the 12 spaces located around the motor court. A total of 250 marked parking spaces (200 resident, 50 guest) are provided. All parking would be valet with an attendant on-site 24 hours per day. Through the use of valet and vehicle stacking, additional parking spaces will be provided. All parking would be provided on-site as there is no on-street parking allowed on San Clemente Drive. Refer to Attachment No. PC 3 for the Parking Management and Valet Plan. The plan is a draft and subject to final review and approval by the City Traffic Engineer. Emergency, refuse, and delivery access would be via a proposed access road located adjacent to the easterly property line. This road slopes down terminating on the upper 4 Museum House Residential Project Planning Commission, October 20, 2016 Page 5 parking level and provides access to trash facilities and service elevators. Emergency vehicles would use either this access or the main motor court. Refer to Attachment No. PC 4 for the Fire and Delivery Truck Access Plan. This plan is also subject to final review by the City Traffic Engineer and Community Development Department. The design also includes a variety of resident facilities and shared spaces. The ground level exterior amenities include plazas, gardens and a dog run. A pool and garden terrace are proposed on second level, and another pool and garden area are proposed for the roof top. Interior features include meeting areas, home offices, a media room, lounge, fitness center, and other shared spaces. The basement levels include resident storage areas, mechanical rooms, refuse collection, and service areas. Additionally, the developer intends on securing Leadership in Energy and Environmental Design (LEED) Silver rating. LEED is a system created and administered by the United States Green Building Council (USGBC) to evaluate the sustainability of a building. LEED buildings are often fitted with the most efficient plumbing fixtures, irrigation designs, and electrical systems. Some building materials are often created using recycled materials and refuse from demolished buildings are often recycled for other uses. LEED certification often exceeds the standard Title 24 and other energy and water conservation requirements applied to construction. Existing Land Use/Setting The project site is located in the Newport Center area and is presently occupied by OCMA. The property consists of a single parcel, which is 86,942 square feet in area (approximately two acres). The property is currently developed with the 23,632 square- foot museum which was originally occupied in 1978. The General Plan land use designation for the property is PI (Private Institutional). The property and adjacent site at 856 San Clemente Drive are designated as Anomaly No 49, and the combined maximum development capacity is 45,218 square feet for both properties. The 13,935 square-foot, single-story building at 856 San Clemente Drive is occupied by the OCMA administration and storage building. This building was previously the Newport Center Branch Library, but closed after construction of the Central Library. The PI designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The site is located in the San Joaquin Plaza Planned Community (PC), which allows a variety of uses including civic, cultural, business and professional office uses, and support commercial activities. To the north of the site are the Villas at Fashion Island apartments that are currently under construction and are nearing completion. To the west is an office parking 5 Museum House Residential Project Planning Commission, October 20, 2016 Page 6 structure and the aforementioned OCMA administration building; to the east is a parking structure, and to the south, across San Clemente Drive, are the Colony Apartments and Pacific Life office building. 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 some increases in development limits. Several transfers of development rights and Planned Community text amendments have been approved since the General Plan adoption in 2006. For example, the additional dwelling units approved in 2006 were incorporated into PC-56 (North Newport Center Planned Community) are currently under construction as the Villas at Fashion Island. The approximate 240,000 square feet of office floor area that previously occupied that site, and other existing entitlements, were part of transfers that resulted in providing necessary floor area for the office towers recently constructed in Block 500 and Block 600. 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 0 Museum House Residential Project Planning Commission, October 20, 2016 Page 7 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 percent yes to 69.2 percent no result. Remaining unbuilt development in Newport Center (Statistical Area L1) 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 nominal amount of nonresidential floor area. The proposed General Plan amendment would add 100 additional dwelling units to the General Plan within Statistical Area L1 while reducing the amount of nonresidential floor are by 23,632 square feet. The project would result in an additional residential land use in the northwesterly section of Newport Center where the development pattern is currently a mix of residential, office, institutional and civic uses. Legislative Amendments — GPA and PC Text 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 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. General Plan Amendment (GPA) The proposed GPA is from Private Institutional (PI) to Multi-Unit Residential (RM) with a maximum development limit of 100 units. If approved, Anomaly No. 49 would be reduced to only include the museum's administration building located at 856 San Clemente Drive. The amendment also reduces the allowed floor area from 45,208 square feet to 21,576 square feet (Refer to Attachment No. PC 1, Exhibit C for an exhibit of the proposed land use change). The proposed RM land use designation is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. The proposed density is approximately 50 dwelling units per acre. 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: Museum House Residential Project Planning Commission, October 20, 2016 Page 8 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, approximately '/4 mile 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 walking distance of employment, shopping, and entertainment. 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. 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 Museum House** 300' 295' 100 du * entitled ** proposed ***communities in the North Newport Center Planned Community are measured from finished floor elevation Table 1 summarizes the development characteristics of the various residential communities in Newport Center. 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 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 Villas at Fashion Island (524 du). 8 Museum House Residential Project Planning Commission, October 20, 2016 Page 9 Figure 1. Newport Center Residential Development Existing Developments f` Q 1A las at Fashion Island Apts ® The Colony ridian is 4 d The Meridian s• � D Sea Island ��� 'htla Point Granville Entitled Developments a 0 NB Country Club Bungalows 0 h Proposed Developments `--\ pyi°� 524 tads 0 Museum House too as Q pry* Qw 7 uri Y 4 13.2 units A nor O a J••�lwmk d� 228 snits !y © 57 Y� I Ao o- its V T 9 Museum House Residential Project Planning Commission, October 20, 2016 Page 10 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 LUZ" Currently, only five undeveloped residential units remain under the General Plan limits that are entitled as part of the Newport Beach Country Club project. The Land Use Element also includes Policy LU 6.14.4 Development Scale specific to Newport Center/Fashion Island addressing building mass and height: "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." The existing development in Newport Center reflects this policy as the majority of the office towers over 200 feet and the Island Hotel are located in northeasterly section in Blocks 500 and 600. However, the policy does not restrict high rise development to only the northeasterly section as indicated by Map H-1 High Rise and Shoreline Height Limitation (Attachment No. PC 5) in the NBMC, This map depicts the project site and nearby properties in Block 700 and Block 800 as eligible for a 300-foot height limit. Although this height limit is applicable to nonresidential buildings, the type and design of a structure, just not the use, are important in determining if the bulk and scale of building are appropriate for a particular location. Additionally, per NBMC Section 20.30.060 Height Limits and Exceptions, height limits in planned communities are not bound by its limitations provided that appropriate findings are made. Those findings are discussed later in the Planned Community amendment section of this report. Analysis of the Potential Loss of Private Institutional Designated Land Staff considered the impact of the proposed land use change on the ability to maintain and continue to provide for appropriate institutional uses in the Newport Center and the broader community. The existing development pattern in Newport Center is currently dominated by commercial, retail, and hospitality uses; however, there are several residential communities in Newport Center as well. The General Plan indicates the following for the PI land use category: The PI designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, 10 Museum House Residential Project Planning Commission, October 20, 2016 Page 11 cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. Citywide there are approximately 60 parcels totaling over 220 acres with the PI designation. As indicated in the description, religious institutions, yacht clubs, private schools and several congregate care and convalescent homes are located on property designated PI. Other notable businesses and organizations include Hoag Hospital, Sherman Library and Gardens, and the Kerckhoff Marine Laboratory. In addition to the PI designated properties with a corresponding PI zoning, cultural institutions land uses (which includes museums) are allowed "by right' in ten zoning districts and several planned communities, including the North Newport Center PC. An example is the OceanQuest (formerly ExplorOcean) museum in Balboa Village, which is located on property designated as Visitor Serving Commercial (CV). The goal described 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 Newport Center area. Additionally, staff believes the loss of two acres from the PI inventory (less than 1 percent) is acceptable and the remaining PI properties, as well as the multiple other commercial designated properties, provide sufficient opportunities for cultural land uses throughout the City. 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 GPA (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 CPAs (approved within the preceding ten 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 GPA, it 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 ten 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 100 dwelling units. There have been two prior amendments approved within Statistical Area L1 since the 2006 General Plan 11 Museum House Residential Project Planning Commission, October 20, 2016 Page 12 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 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 would result in an increase of 30 a.m. peak hour trips and 33 p.m. peak hour trips. There would be no addition of nonresidential floor area. Table 3 summarizes the changes created by the proposed amendment with the proposed 100 dwelling unit. 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 6. 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 Allowed Area (sq. ft.) Trips Peak Hour Trips Dwelling Units GP2015-001 (PA2015-152) 0 30 33 100 850 San Clemente Drive Prior Amendments (80%) 1. Civic Center GP2008-009 0 0 0 0 (PA2008-182) 2. NB Country Club 16,800 0 0 0 GP2008-005 PA2008-152 TOTALS 16,800 30 33 100 Section 423 Thresholds 40,000 100 100 100 Vote Required? 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 ten 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 12 Museum House Residential Project Planning Commission, October 20, 2016 Page 13 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 February 12, 2016, 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. As a result, a letter was later received from the Gabrieleno Band of Mission Indians-Kizh Nation on February 24, 2016, requesting that a monitor from their tribe oversee ground-disturbing construction work. Staff consulted with their representative, Mr. Andy Salas over the phone, in writing, and in person regarding the matter. During consultation with Mr. Salas, staff discussed City Council Policy K-5 which requires a qualified archaeologist be present during ground breaking, and General Plan Policy, Historical Resources HR 2.3 (Cultural Organizations) which says to notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources and to allow representatives of such groups to monitor grading and/or excavation of development sites. As a result, Mr. Salas agreed that the implementation of those two polices would be sufficient and consultation was closed. Planned Community Amendment The property is currently located in the San Joaquin Plaza PC Zoning District. The PC is comprised of two parcels totaling 2.92 acres. They are developed with the OCMA on the larger approximate two acre parcel and the OCMA administration offices on the smaller .92acre parcel. The stated intent of the planned community is to permit a combination of civic, cultural, business and professional office uses with support commercial activities. The PC was originally over 26 acres and included the properties to the immediate west north and east of the current boundaries. In 2007, approximately 23 acres, including the surrounding office buildings and parking structure sites and the land where the Villas at Fashion Island are located, were removed from the PC and placed in the North Newport Center Planned Community. The applicant requests to amend the PC to accommodate the proposed residential development. The PC text includes development standards to essentially accommodate the project as proposed. The requested PC amendment is for 850 San Clemente Drive only. Although the format has been slightly modified, the use and development standards for the 856 San Clemente Drive property are proposed to remain as they exist. 13 Museum House Residential Project Planning Commission, October 20, 2016 Page 14 The proposed PC amendment is divided into two chapters. Chapter 1 (PC Subarea 1) is new and includes standards and regulations for the proposed project. Chapter 2 (PC Subarea 2) is a re-formatted version of the existing use and development standards included in the existing PC for 856 San Clemente Drive. No changes to the use or development standards are proposed for that site. The proposed PC is included in Attachment No. PC 1 as Exhibit D. Setbacks The property abuts properties located in the North Newport Center Planned Community (PC) to the north and east. The North Newport Center PC includes setbacks from streets, which are typically 15 feet. No interior setbacks standards are included and the placement of buildings and structures is reviewed during the plan review process. Three developments in the North Newport Center PC abut the project site and provide the following minimum setbacks: • Easterly Property Line: 15 feet (parking structure) • Northerly Property Line: 70 feet (apartments) • Northwesterly Property Line: 45 feet (parking structure) The adjoining property, developed with the OCMA administration building, is in the San Joaquin Plaza Planned Community, which does not include required setbacks. Building location and design is reviewed during the site development review process. The existing building is setback approximately 30 feet from the side property line. If standard RM setbacks were applicable to the project they would be as follows: Front- 20 feet, Rear-10 feet, Sides-15 feet. The proposed residential tower is setback a minimum of 35 feet from the front property line (San Clemente Drive), 34 feet from the right property line (adjacent to the office parking structure), 10 feet to the left property line (adjacent to the OCMA administration building site), and 42 feet to the rear property line (adjacent to the Villas at Fashion Island apartments). Parking level basement setbacks occur largely below grade and are not immediately visible from the street frontage along San Clemente Drive. They maintain a minimum 10-foot setback except on the right side where the emergency and delivery access road is located along the property line adjacent to the office parking structure. The main structure of the proposed project exceeds the standard RM setbacks in the front, rear, and right side however; it only provides a 10-foot setback on the left side. Cumulatively, the project provides greater aggregate setback areas and common open space than required by the base RM zoning district. Building Height The PC amendment also includes a request for 295-foot height limit. In order to approve the requested height, the findings in NBMC Section 20.30.060.0.3 (Height Limits and Exceptions, Required Findings) must be made. 1-� Museum House Residential Project Planning Commission, October 20, 2016 Page 15 Existing building heights within Newport Center range from approximately 15 feet at the south end up to 300 feet in height at the northerly side end of Newport Center. Height limits range between 28 feet at the south end up to 300 feet at the north end. Existing building heights in the northwestern portion of Newport Center range from approximately 17 feet (OCMA administration building) to approximately 122 feet (800 and 840 Newport Center Drive) See the Table 1, below. Table 2. Heights and Height Limits of Nearby Buildings in Newport Center Development Height Limit Actual Height Dwelling Units OCMAAdministration 65' 16.8' N/A San Joaquin Office Parking Structure 65' 46' N/A San Joaquin Office Building 65' 61' N/A Villas at Fashion Island 65' 61'-65' 524 du Pacific Life 300' 80' N/A The Colony 200' 50'+(appurtenances) 245 du Meridian 65' 65' 79 du 800 and 840 Newport Center Drive 125' 122' N/A Adjacent Parking Structure 65' 36.5' N/A Proposed Museum House 295' 295' 100 du When looking at the broader area of northern Newport Center the occurrence of taller buildings increases east of the project site in Blocks 500 and 600. Six buildings exceed 200 feet with the highest being the office building at 520 Newport Center Drive with a height of 315 feet at the top of mechanical screening. Refer to Attachment No. PC 7 for additional exhibits that depict nearby building heights in Newport Center. Table 3. Heights and Height Limits of High Rises in Newport Center Development Height Limit* Actual Height 520 Newport Center Drive 295 315' 610 Newport Center Drive 395 272' 620 Newport Center Drive 295 240' 650 Newport Center Drive 295 298' 660 Newport Center Drive 295 246' Island Hotel 295 217' *Plus 15-feet for appurtenances and mechanical equipment enclosures and screens 15 Museum House Residential Project Planning Commission, October 20, 2016 Page 16 Height Findings NBMC 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: "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 the requested 295-foot height limit. The building design provides a high level of design with open space, landscape, residential amenities, and building setbacks that sufficient in an area that is developed with a mix of residential and office uses. The proposed height limit and datum for measuring height (finished grade) is similar to the greater North Newport Center PC which is located throughout the northern section of Newport Center. As demonstrated in the CEQA analysis in Chapter 5.1 of the EIR, the project does not negatively affect existing public views from coastal view roads including Avocado Avenue, Jamboree Road, MacArthur Boulevard and Newport Center Drive as identified by the General Plan. These roads have been designated as Coastal View Roads because portions of them offer views of the coast. In this case, although the project may be seen from portions of these designated coastal view roads; it will not block or obstruct views of the coast. Basement level setbacks would occur largely below grade and would not be immediately visible from the street frontage along San Clemente Drive. The height, bulk, and scale of the residential building are comparable to height limits on surrounding properties and existing building heights throughout the northern half of Newport Center. The building is designed to provide variation and modulation between for visual interest, especially at higher floors. The front fagades include both vertical and horizontal off-sets and utilize a variation of building materials to provide enhanced visual relief. Finally, the proposed floor area for the project would conform to 10 Museum House Residential Project Planning Commission, October 20, 2016 Page 17 the limit established through adoption of the amendment to the San Joaquin Plaza Planned Community Development Plan. 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 proposal provides for a comprehensively designed residential project that adds to the mixed-use environment in the northern portion of Newport Center. The proposed building height is consistent with the Map H-1 High Rise and Shoreline Height Limitation and the established height limits of the zoning for Block 700 and the 295-foot height limit allowed in Blocks 500 and 600 of the North Newport Center PC. Therefore, staff suggests that the Planning Commission recommend approval of the proposed PC text amendments to City Council. Proiect Entitlement - Discretionary Applications Site Development Review Redevelopment of the project site is subject to a site development review to determine compliance with all applicable development standards of the proposed amendment to the San Joaquin Plaza PC. Pursuant to NBMC Section 20.52.080 (Site Development Review), 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 project proposes to replace the existing OCMA building with a 25-story residential tower. Off-street parking is consistent with code requirements and is provided on-site. The design includes a multitude of interior and exterior resident amenities. Although taller than existing buildings in the immediate vicinity, the height, bulk, and scale of the residential building is comparable to height limits on surrounding properties and existing building heights in the northern half of Newport Center. The building is designed to provide variation and visual interest, especially on higher floors. 17 Museum House Residential Project Planning Commission, October 20, 2016 Page 18 Mechanical equipment for the residential units have been located within enclosures at the roof level to reduce noise impacts, and the enclosures will provide effective screening below the roof parapet level to minimize aesthetic impacts. Access to the site, on-site circulation, and parking areas are designed to provide standard-sized parking spaces, adequate drive aisles and the minimum vehicle turning radius to provide safe access for residents and guests, emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Landscaping is provided throughout the site in areas that are not utilized by the existing units or areas for parking circulation. The project's perimeter and street landscaping will complement the street tree pattern, enhance the pedestrian experience, and soften the view of the building fagade. The majority of setback areas are landscaped. As stated previously, the project does not affect existing public views nor does it detract from the character of the area 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). Vesting Tentative Tract Map The proposed project includes a request to establish a 100-unit residential condominium tract (Attachment No. PC 1, Exhibit F). The property line locations and dimensions are not proposed for change with this map. NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps) 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, solar access and passive heating requirements, impact the City's share of the regional housing need, nor result in an impact on the sewer system. NBMC 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 requested 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. In summary, the Tentative Tract Map provides for a residential development in a mixed- use area of Newport Center. The site design provides adequate vehicle and pedestrian circulation. The site has a gentle sloping condition and the building design accommodates 28 Museum House Residential Project Planning Commission, October 20, 2016 Page 19 this slope with a podium wall at the north 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. 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, access driveways along San Clemente Drive, 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 and an upgraded 12-inch sewer line in Santa Barbara Drive that connect to the existing Orange County Sanitation Sewer line at Jamboree Road will be installed. For the reasons noted above, staff believes the required findings for the Tentative Tract Map can be made. CEQA, Traffic and Other Impacts Analysis The Final EIR includes a comprehensive study, analysis and in the entire range of CEQA topics. This section of the report includes a summary of the EIR analysis and conclusions followed by more detailed discussion of traffic, water availability, and shade and shadow analysis. Environmental Review - CEQA Prior to making a recommendation of approval on the proposed project, the Planning Commission must first review, consider, and recommend City Council adoption of the Environmental Impact Report (EIR), SCH No. 2016021023. The Final EIR is comprised of the Notice of Preparation (NOP), Initial Study (IS), Environmental Analysis, Alternatives Analysis, Appendices, Reponses to Comments, and Revisions to the Draft EIR The City contracted with Placeworks, 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. The draft EIR was completed and circulated for a mandatory 45-day public-review period that began on August 17, 2016, and concluded on September 30, 2016. A total of 29 comments were received from interested parties. The consultant and staff prepared detailed written responses to each of the comments received on the adequacy of the DEIR, which are included in Attachment No. PC 1, Exhibit A. 19 Museum House Residential Project Planning Commission, October 20, 2016 Page 20 A copy of the Final EIR 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 following environmental topics were identified as potentially affected by the implementation of the proposed project: Aesthetics, Air Quality, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology and Water Quality, Land Use/Planning, Noise, Population and Housing, Public Services recreation, Transportation/Traffic, and Utilities and Sewer Services. These topics were the subject of the DEIR analysis, and potential impacts were identified. The document includes mitigation measures to reduce the potentially significant adverse effects to a less than significant level related to Air Quality, Cultural Resources, and Geology and Soils and Transportation/Traffic. The noise analysis concluded that even with nine mitigation measures, the construction related noise impact would be significant and unavoidable. In particular the impact is due to the proximity of the apartments to the north of the site which will be occupied prior to the start of construction. The nine mitigation measures address vehicle and equipment maintenance and the erection of a temporary sound barrier/curtain between the construction site and apartments. All mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included as Attachment No. PC 1, Exhibit B. On the basis of the analysis provided in the draft EIR, City staff has concluded that the project would not have a long term significant impact on the environment and with the exception of construction noise, there are no significant short term or construction related impacts. The Final 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 impact EIR Alternatives The EIR included an analysis of two project alternatives. The first is the Reduced Height Alterative which contemplated a 65-foot height limit and 100 units with approximately the same amount of floor area as the proposed project but with an enlarged building footprint and much less open space. This alternative was rejected because although impacts would be marginally less, the short-term construction impact would remain and the building would cast a shadow that exceeds the three-hour Winter Solstice threshold on 12 apartment units therefore, creating a significant unavoidable impact related to shade and shadow. Therefore, this alternative was considered but rejected. The second alternative is a reduced density consisting of 90 units and reduced height to approximately 271 feet. This alternative has similar impacts as the proposed project. For more information on both alternatives refer to Final EIR, Chapter 7. 20 Museum House Residential Project Planning Commission, October 20, 2016 Page 21 One notable addition in the Final EIR (Revisions to the Draft EIR) is related to the Development Agreement's public benefit which includes the donation of the adjacent parcel containing the OCMA office and administration building to the City. As indicate in the Final EIR, the donation only changes ownership and no physical improvements are proposed. Additionally, future uses will be required to adhere to the use and development standards for the property as described in the San Joaquin Plaza PC. Therefore, staff believes no additional CEQA analysis is necessary or required. Traffic Analysis The traffic study prepared by DKS Associates under the supervision of the City Traffic Engineer included a site specific trip generation study for the existing museum use and a traffic impact analysis of the proposed use. DKS performed a trip generation study of the current museum use to determine if an analysis pursuant to NBMC Chapter 15.40 Traffic Phasing Ordinance (TPO) was required. DKS found that the museum generated 108 average daily trips (ADT) while the proposed project was expected to generate 418 ADT using the High Rise Condominium trip rate. Since the difference exceeded 300 ADT, DKS completed both a TPO study and CEQA required analysis. The traffic study (including the supplemental analysis) included 18 intersections which were analyzed for potential impacts based on the City's Intersection Capacity Utilization methodology. Intersections under the jurisdiction of Caltrans were analyzed for potential impacts using the Highway Capacity Manual methodology. The study accounted for all surrounding land uses including the unoccupied Villas at Fashion Island apartments. Utilizing these methodologies, the analysis concluded that the study intersections identified will continue to operate at satisfactory levels of service, as defined by the TPO nor would it cause traffic impacts considered under CEQA. Additional details can be found in Chapter 5.13 (Transportation and Traffic) and Appendices L-1 and L-2 of the Final EIR. Traffic Background — Newport Center Based on the 2006 General Plan update and development capacities therein, the City Council approved Development Agreement No. DA 2007-002 and amendments to the North Newport Center PC that expanded its boundaries to include among other sites, the current location of the Villas at Fashion Island apartments. These approvals established the entitlements for Fashion Island, Block 500, Block 600, Villas at Fashion Island site, and others. The North Newport Center Traffic Phasing Ordinance (TPO) Study TS2007-001 was prepared in November 2007 to evaluate a proposed project including residential dwelling units in Block 600, office square footage in Block 500, and retail shopping center space in Fashion Island. This project also included the removal of restaurant, office, and a health club in Block 600. 21 Museum House Residential Project Planning Commission, October 20, 2016 Page 22 Also in 2007, the Irvine Company proposed to remove various entitled land uses in Block 600 and replace them with office uses in Block 500. This was the first of a series of seven transfers of development rights within the different blocks of North Newport Center. Transfers of development rights between the sub-areas are allowed by the General Plan and transfer guidelines implemented by the North Newport Center PC. The transfers occurred between 2007 and 2015. The procedure for transferring development rights requires a Trip Transfer Traffic Study be prepared to determine the PM peak hour trips. In order to approve a transfer, the City Council must find that the transfer will result in no additional PM peak hour trips to the receiver site. Individual TPO Traffic Studies were not prepared for each project within a block because the 2006 General Plan Traffic Study and the 2007 North Newport Center Traffic Study already accounted for any traffic impacts associated with the overall development in Newport Center. The trip rates used for the office square footage are not concrete and subject to adjustment. For example, when an office is large (over 250,000 +/-), an "office regression equation" is used to calculate the trips. So, the trip rates vary based on the size of the office project. Based on traffic studies included in the ITE Trip Generation Manual, Table 4 summarizes the number of trips generated by the most recent and notable Newport Center developments, including the unoccupied Villas at Fashion Island apartments and the office complex it replaced. Table 4.Average Daily Trips—Recent Newport Center Projects Project/Address Unit Trip Rate Average Daily Trips 520 Newport Center Drive 365.059 TSF 9.58 trips per TSF 3,500 650 Newport Center Drive 398.864 TSF 9.40 trips per TSF 3,750 San Joaquin Plaza Office (demolished) 241.711 TSF 10.5 trips per TSF (2,550) Villas at Fashion Island 524 DU 4.20 trips per DU 2,200 Museum House 100 DU 4.18 trips per DU 418 Total ADT 5,118 Water Availability The ongoing drought across most of California and has resulted in adoption and implementation of numerous state and local mandates and regulations many of which are intended to reduce water consumption and make water use more efficient. These regulations are not intended to stop growth and development. State officials recognize that the state's population and demand for more housing will likely increase; some experts predict a dramatic increase in the future. This is evidenced by the California Department of Housing and Community Development Regional House Needs 22 Museum House Residential Project Planning Commission, October 20, 2016 Page 23 Assessment (RHNA). This program has identified the need for thousands of housing unit across the state and local jurisdictions are required to provide housing opportunities in the general plan and zoning regulations to accommodate the assigned number. The goal of these regulations is not to stop all development but to require new development and infrastructure is as efficient as possible and reduce the use in existing developments. Following is summary of the major state and city water conservation efforts: State Programs The Water Conservation Act of 2009 (SB 7x7) This bill includes requirement to reduce gallons per capita per day (GPCD) water use by 20 percent by year 2020. The baseline target was established over a ten year average between 1996 and 2005. The City's 2020 goal is 203 GPCD with an interim goal of 228 GPCD in 2015. In 2015, the City achieved a GPCD of 176, well below the interim target and the City anticipates meeting the 2020 goal with no issue. The City has joined a regional alliance with other Orange County water agencies. It is anticipated that the alliance will meet all goals. Governor's Drought Declaration 2015 The Governor's declaration resulted in a new State Water Resources Control Board (SWRCB) regulation that all California water agencies must reduce water use to accomplish a statewide reduction of 25 percent compared to the same periods in 2013. Each agency was assigned a target goal. Newport Beach initially was given a 28 percent reduction standard in June 2015. In March 2016, the SWRCB lowered the City's standard to 21 percent taking in account the use of indirect potable reuse through the Orange County Water District's Ground Water Replenishment System. In June 2016, as a result of improved water supply conditions, the SWRCB allowed agencies to set their standards to meet a potential three-year continued drought. Most agencies in Orange County including Newport Beach, currently have a conservation standard of zero, meaning the agencies cannot use more water than was used for the same period in 2013. As of September, 2016 the City's accumulative reduction is 21 percent below the 2013 usage. There are provisions to identify an agency's increase in population. City Programs 2015 Urban Water Management Plan In July 2016, the City completed its 2015 Urban Water Management Plan (UWMP) in compliance with the Water Code Sections of the Urban Water Management Planning Act. The plan outlines water supplies, use, reliability, projects and contingency plans. The City is in a fortunate situation in that it receives 75 percent of its water from the Orange County Water District groundwater supplies. The remaining demand comes 23 Museum House Residential Project Planning Commission, October 20, 2016 Page 24 from import supplies through the Municipal Water District of Orange County. Both water suppliers have indicated in the UWMP that they can meet the water demands of Newport Beach in dry and wet years. Projected increases in water demand from General Plan projects and unknown projects were considered in estimating use and reliability. There are no restrictions to future development. Future development projects must submit hydraulic and demand estimates for city approval. Senate Bill SB 610 and 221 requires developments of 500 units or more to complete a Water Supply Assessment (WSA) and agency verification. City's Water Conservation Regulations— Level Two Even with exceeding the SB 7x7 goals and State mandated regulations, the City Council elected to continue its conservation efforts by adopting a level two mandatory water conservation requirement. Each customer must reduce water use by 15 percent compared to the same billing period in 2013. These regulations are temporary in nature and anticipated to end once the drought is over. Shade and Shadow Analysis- Project Site As part of the CEQA analysis, a shade and shadow study of the proposed project was prepared to determine if the shadow cast by the building would create a significant impact on the adjacent apartments. Since the area of shadows cast vary from season to season the winter solstice presumes the worst case scenario because this is when the longest shadows are cast due to the tilt of the earth and corresponding location of the sun. The City does not have an established citywide threshold for shade or shadow impacts. However, the North Newport Center PC, which includes the adjacent Villas at Fashion Island site, does: "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." Although the project site is not located within PC-56 nor would it cast shade to residential areas north of San Joaquin Hills Road, this methodology has been applied to this project for evaluating project-related shade and shadow impacts to the adjacent apartments. The study concluded that no shadows would be cast on any individual apartment unit for no more than 2 hours and 30 minutes on the winter solstice (Pacific Standard Time). 24 Museum House Residential Project Planning Commission, October 20, 2016 Page 25 Therefore the shade and shadow impact was determined to be less than significant. For the more detailed analysis, see Chapter 5.1 Aesthetics of the Final EIR. Previous Shade and Shadow Studies — 520 and 650 Newport Center Drive Since both of these office buildings are located in the North Newport Center PC, shade and shadow analyses were prepared to verify compliance with the North Newport Center PC standard. The analysis prepared for the 650 Newport Center Drive office building concluded that that during the worst case scenario, winter solstice (Pacific Standard Time), the shadow would be cast less than two hours between the hours of 9:00 a.m. and 3:00 p.m. The analysis prepared for the 520 Newport Center office building again looked at the worst case scenario, winter solstice (Pacific Standard Time), and concluded that the shadow cast would occur for approximately one hour between the hours of 9:00 a.m.. and 3:00 p.m. Therefore, both buildings were reviewed for compliance with the adopted standards and demonstrated compliance prior to the issuance of building permits. Development Agreement and Other Considerations Development Agreement The terms of the proposed development agreement are still under consideration, and review. It is anticipated that a per unit public benefit fee will be provided in addition to the donation of the adjacent parcel to the City. Staff will provide an update to the Planning Commission at the time of the public hearing. Airport Land Use Commission (ALUC) John Wayne Airport is located approximately 3.5 miles north/northeast of the project site and is the nearest public airport. The project is within the notification area of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the project is below the maximum transitional imagery surface heights, and thus the project is within the building height limits of the AELUP. The project site also falls outside the 60 dBA Community Noise Equivalent Level contour line established by the AELUP and would, therefore, not conflict with any land use compatibility issues related to noise. Finally, the project site does not fall within any of the AELUP Safety Zones, which identify certain land uses as incompatible and restricts them appropriately. Since the proposed project includes a building higher than 200 above ground level in additional to the GPA and PC amendment, review for consistency with the AELUP is required. The ALUC meeting is scheduled for November 17, 2016. Should the ALUC 2.5 Museum House Residential Project Planning Commission, October 20, 2016 Page 26 find the project consistent, the project can proceed to the City Council. If ALUC finds the project inconsistent with the AELUP, the City Council will have to initiate the process to override ALUC. A vote to override the ALUC's determination requires a two-thirds vote of the Council Fiscal Impact Analysis The City's consultant has prepared an independent fiscal impact analysis (Attachment No. PC 8) 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 existing use and expanded museum alternative in the EIR result in a slight negative net fiscal impact to the City while the proposed project is expected to have a positive impact of about $600,000 per year. The positive fiscal impacts result from property taxes, fees, and revenue expenditures from residents above that produced by the museum. Due to the high market level targeted by the proposed project, the residential alternatives would exceed the fiscal benefit from the museum use of the site under the existing General Plan. Revocation of Existing Discretionary Approvals Revocation of Use Permit No. 2015-017 is requested which allowed beer and wine sales at the museum. Revocation of Modification Permit No. MD2004-059 which allowed additional flagpoles/signage beyond that allowed by the NBMC is also requested. The elimination of the museum would make these previous approvals inconsistent with the residential project and no longer valid. Alternatives Although 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. The Planning Commission may recommend approval to the City Council with suggest specific changes that are necessary to alleviate any identified concerns. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings and/or conditions. 20 Museum House Residential Project Planning Commission, October 20, 2016 Page 27 2. The Planning Commission may recommend approval to the City Council one of the project alternatives discussed in the Final EIR. These include the Reduced Height Alterative which contemplated a 65-foot height limit and 100 units or, the Reduced Density Alterative that included 90 units with a 271-foot height limit. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 3. If the Planning Commission believes that there are insufficient facts to support the project, the Planning Commission may recommend denial to the City Council of the application without prejudice in the draft resolution for denial (Attachment No. PC 2). 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. SUMMARY Staff believes that the proposed project is generally consistent with the applicable general plan polices for the City and specifically Newport Center. The loss of two acres of PI designated property is not expected to preclude the development of cultural institutions elsewhere in the City. Additionally, although the project site is not currently zoned for residential use, the land use change in the San Joaquin Plaza PC would create a functional residential project that integrates well with the surrounding residential, office, retail and service uses located throughout Newport Center. The project exhibits high quality architectural treatment. The resulting setbacks are consistent with the development pattern and setback standards within Newport Center and site access and parking are adequate. The overall design including the large setbacks of the main tower and tower design results in a development that is compatible and consistent with the surrounding allowed and existing development in the northern half of Newport Center. Additionally, based on the conclusions in the Final EIR the project will not interfere with any long term environmental goals nor create any long term significant impacts. Therefore, staff recommends Planning Commission recommend City Council approval of the proposed legislative and discretionary applications. Staff believes that the residential land use for the proposed project is appropriate and that the findings for 27 Museum House Residential Project Planning Commission, October 20, 2016 Page 28 approval of the increased height limit, site development review, tract map, and TPO study can be made. Prepared by: Submitted by: -A:�Z4i -- rnl�-4wa Gregg R irez *aWisnesl(l, ICP, Deputy Director Senior Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Parking Management and Valet Plan PC 4 Fire and Delivery Truck Access Plan. PC 5 Map H-1 High Rise and Shoreline Height Limitation PC 6 Current Statistical Area L1 Section 423 Table PC 7 Newport Center Building Height Exhibits PC 8 Fiscal Impact Analysis 04/0s14 �Q Attachment No. PC 1 Draft Resolution for Approval 29 V� QP �P 30 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT NO. ER2016-002 AND APPROVE THE MITIGATION MONITORING AND REPORTING PROGRAM, GENERAL PLAN AMENDMENT NO. GP2015-001, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2015-001, SITE DEVELOPMENT REVIEW NO. SD2016-001, TENTATIVE TRACT MAP NO. NT2016-001, TRAFFIC STUDY TS2015-004 AND DEVELOPMENT AGREEMENT NO. DA2016-001, FOR A 100- UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT, AND REVOKE USE PERMIT NO. UP2005-017 AND MODIFICATION PERMIT NO. MD2004-059 LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Related California Urban Housing, LLC with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach, County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County. 2. The project includes demolition of an existing 23,632-square-foot Orange County Museum of Art (OCMA) building and to accommodate the development of a 25-story, 100-unit residential condominium building with two levels of subterranean parking. The applicant requests the following approvals from the City of Newport Beach (City): • General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi-Unit Residential (RM-100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi-Unit Residential. The PC amendment also includes new residential development standards including a 295-foot height limit measured from finished grade. • Tentative Vesting Tract Map — To allow the 100 individual dwelling units to be sold separately as condominiums. • Site Development Review — To ensure site development is in accordance with the applicable planned community and zoning code development standards and 31 Planning Commission Resolution No. #### Page 2 of 42 regulations pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080 (Site Development Reviews).. • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. • Development Agreement —To comply with NBMC Section 15.45.020 because the requested GPA includes 50 or more units. • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to the California Environmental Quality Act (CEQA). • Revoke Use Permit - To revoke Use Permit No. UP2005-017 (PA2005-086), which allows beer and wine sales at the museum. • Revoke Modification Permit - To revoke Modification Permit No. MD2004-059 (PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC. 3. The property is located within the PC-19 (San Joaquin Plaza) Zoning District and the General Plan Land Use Element category is PI (Private Institutional). 4. The property is not located within the coastal zone. 5. A study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California 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 October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to CEQA, Public Resources Code Sections 21000, et seq., the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3, it was determined that the project could have a significant adverse effect on the environment, and thus warranted the preparation of an EIR. 2. On February 5, 2016, the City, as lead agency under CEQA, prepared a Notice of Preparation (NOP) of the EIR and mailed that NOP to responsible and trustee public agencies, organizations and persons likely to be interested in the potential impacts of the proposed project, including any persons who had previously requested notice in writing. 3. On February 22, 2016, the City held a public scoping meeting to present the project and to solicit input from interested individuals, organizations, and responsible and 03-03-2015 32 Planning Commission Resolution No. #### Page 3 of 42 trustee public agencies regarding environmental issues that should be addressed in the EIR. 4. A draft EIR (SCH No. 2016021023) (DEIR) was prepared in compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K-3. 5. The draft EIR was circulated for a 45-day comment period beginning on August 17, 2016 and ending on September 30, 2016. The draft EIR, comments, and responses to the comments were considered by the Planning Commission in its review of the project. 6. The Final EIR, consisting of the NOP, Initial Study, Draft EIR, Responses to Comments, Revisions to the Draft EIR, and Mitigation Monitoring and Reporting Program attached as Exhibits A and B, and incorporated herein by reference, were considered by the Planning Commission in its review of the proposed project. 7. The Final EIR identifies significant impacts to the environment which are unavoidable in the areas of Noise and Vibration and more specifically short-term construction related noise impacts 8. On the basis of the entire environmental review record, the project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on the environment that would be caused by the project with the exception of short-term construction related noise impacts. Additionally, there are no long-term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program (Exhibit B), which are attached hereto and incorporated herein by reference, are feasible and will reduce the potential environmental impacts, with the exception of short-term construction related noise, to a less than significant level. 9. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. Amendments 1 . Amendments to the General Plan and Zoning Code (Planed Community Development Plan) are legislative acts and neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 03-03-2015 SS Planning Commission Resolution No. #### Page 4 of 42 2. The requested GPA and resulting land use change are compatible with the surrounding existing uses and planned land uses identified by the General Plan because the project would introduce additional residential land uses in Newport Center which contains a mix of commercial and residential uses. The Newport Center area has a demand for additional residential development and additional residential units would support the existing retail, service, and office uses within Newport Center and Fashion Island area. 3. The requested GPA from PI to RM does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. Numerous PI designated properties are located throughout the City that could accommodate cultural institutions. Additionally, cultural institutions are allowed by right in eleven commercial and mixed-use zoning districts. 4. The requested GPA and resulting land use change is consistent with other applicable land use policies of the General Plan. Consistent with General Plan Goal LU6.14 for Newport Center, the project site is located in an area of Newport Center where multi- family uses are encouraged to produce opportunities to live close to jobs, commerce, entertainment, and recreation. The project site is also located in the northerly section of Newport Center making the proposed height consistent with Land Use Policy LU6.14.4, which directs development with the greatest building mass and height to be located in the northeasterly section of Newport Center along San Joaquin Hills Road. The size, density and character of the proposed dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi-Family Residential) that require multi-family dwellings to be designed to convey a high quality architectural character. 5. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively with other GPA's within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. 6. This is the third GPA that affects Statistical Area L1 since the General Plan update in 2006. The amendment results in 100 additional dwelling units and there is no change in the square footage of non-residential floor area. The 100 additional units result in a net increase of 30 a.m. and 33 p.m. peak hour trips based on the Trip Generation Study prepared by DKS Associates for the existing museum use and the High Rise Condominium use trip rates included in City Council Policy A-18. Including 80 percent of prior General Plan amendments, the proposed GPA results in a total increase of 16,800 square feet of nonresidential floor area, 30 a.m. peak hour trips, 33 p.m. peak hour trips, and 100 residential dwelling units for Statistical Area L1. As none of the 03-03-2015 3'4 Planning Commission Resolution No. #### Page 5 of 42 thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2015-001. 7. The proposed amendment to the PC-19 (San Joaquin Plaza) Zoning District meets the intent and purpose for a PC as specified in NBMC Section 20.56.010 (Planned Community District Procedures, Purpose). The property is located in the Newport Center area which includes a mixture of shopping, hotels, commercial support uses, professional offices, and residential developments. The development plan and standards are consistent with the surrounding development including the standards and allowed uses of the adjoining North Newport Center Planned Community. 8. The proposed amendment to the PC-19 (San Joaquin Plaza) Zoning would apply appropriate site and project specific setbacks, density, and height limits to the project site given the site's urban location and all required parking is provided onsite. The site is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures and the mitigation measures identified in the Final EIR. 9. The future development of the property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan; and will be consistent with the purpose and intent of the proposed San Joaquin Plaza (PC) Zoning District of the NBMC. 10. A development agreement is requested by the applicant as the project would add 100 new residential dwelling units within Statistical Area L1 (Newport Center). The development agreement includes all the mandatory elements for consideration and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Sections 65864 et seq. 11. The public benefit in the proposed development agreement includes the payment of a public benefit fee in the amount of $71,100 per dwelling unit and the donation of the adjacent 0.9-acre property located at 856 San Clemente Drive from the OCMA to the City. Height Increase NBMC 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 previous base height limit: Finding: 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: 03-03-2015 S5 Planning Commission Resolution No. #### Page 6 of 42 i. Additional landscaped open space; ii. Increased setback and open areas; iii. Enhancement and protection of public views. Facts in Support of Finding: 1. The building design provides a high level of design with open space, landscape, residential amenities, and building setbacks that are similar or greater than those required on adjoining properties. The main building provides lot coverage of approximately 30 percent. The remaining portion of the site includes the service/emergency access drive, the motor court and a variety of open and useable plazas, landscaped/hardscape areas, planters, and a dog run. 2. The site design provides 32,261 square feet of outdoor common open space, much of it landscaped area (not including the motor court) where a total of 7,500 square feet are required (75 square feet/dwelling unit) under the RM development standards of the NBMC. 3. The main residential tower is set back a minimum of 36 feet from the front property line (San Clemente Drive), 34 feet from the right property line (adjacent to the office parking structure), 10 feet to the left property line (adjacent to the OCMA administration building site) and 42 feet to the rear property line (adjacent to the Villas at Fashion Island apartments). Parking level basement setbacks occur largely below grade and are not immediately visible from the street frontage along San Clemente Drive. They maintain a minimum 10-foot setback except on the right side where the access road caisson wall in located along the property line adjacent to the office parking structure. 4. The property abuts properties located in the North Newport Center Planned Community to the north and east. The North Newport Center PC includes setbacks from streets, which are typically 15 feet. No interior setbacks standards are included and the placement of buildings and structures is reviewed during the Plan Review process for new structures. 5. The adjoining property developed with the OCMA administration building is in the San Joaquin Plaza Planned Community, which does not include required setbacks. Building location and design is reviewed during the site development review process. The existing building is set back approximately 30 feet from the side property line. 6. The project does not affect existing public views from designated viewpoints or view corridors as shown in the view simulations and discussed in Chapter 5-01 (Aesthetics) of the Final EIR and does not detract from the character of the area. The overall project height is generally consistent with the height limit and existing building heights in the northerly section of Newport Center. 03-03-2015 so Planning Commission Resolution No. #### Page 7 of 42 7. The subject property is located in the 300-foot High Rise Height Area as depicted on Map H-1 High Rise and Shoreline Height Limitation of the NBMC. Although this height limit is applicable to nonresidential buildings, the type and design of a structure, and not only the use, are important in determining if its bulk and scale are appropriate for a particular location. In this case the residential highrise is well designed and is consistent with the 300-foot high rise height limit and meets the intent of Land Use Element Policy LU 6.14.4 (Development Scale), which suggests, but does not limit that the greatest building mass and height should be concentrated in the northeastern section of Newport Center along San Joaquin Hills Road. Finding: 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; Facts in Support of Finding: 1. The exterior is comprised predominantly of stone and masonry with metal work details and glass windows. Massing offsets, variations of roofline, varied textures, recesses, articulation, and design accents on the elevations are integrated to enhance the building's architectural style. 2. The building fagade is designed to be compatible with surrounding retail, office and residential development in Newport Center. The architectural design provides a significant amount of articulation to fit with the context of surrounding buildings in the Newport Center area. Large scale features such as variation in floor size, multistory bay windows, balconies and terraces help to reduce the scale of the structure and to provide visual interest and variety. Mechanical equipment and elevator overrides are screened from view. Finding: 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 Fact in Support of Finding: Although the building is taller than the structures in the immediate vicinity it is not out of character with the structures in the northerly section of Newport Center which includes a mix of building types and heights. There are six existing buildings in the northern section of Newport Center that are greater than 200 feet in height. 03-03-2015 37 Planning Commission Resolution No. #### Page 8 of 42 Finding: D. The structure will have no more floor area than could have been achieved without the approval of the height increase. Fact in Support of Finding: The proposed floor area for the project would conform to the dwelling unit and gross floor area limit established through the amended PC-19 (San Joaquin Plaza Planned Community Development 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. In accordance with NBMC Section 20.52.080(F) (Site Development Review), the following findings and facts in support of a site development review are set forth: Finding: A. Allowed within the subject Zoning district; Fact in Support of Finding: The proposed Site Development Review for a 100-unit condominium project is consistent with the proposed amendment to the San Joaquin Plaza Planned Community Development Plan that allows 100 residential units. Finding: B. In compliance with all of the applicable criteria in (NBMC Subsection 20.52.080(C)(2)(c)]: a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and 03-03-2015 38 Planning Commission Resolution No. #### Page 9 of 42 f. The protection of significant views from public right(s)-of-way and compliance with [NEMC] Section 20.30.100 (Public View Protections); and Facts in Support of Finding: 1. Refer to facts under Amendments, above that discuss the project's consistency with the proposed Multiple-Unit Residential (RM) General Plan land use designation and the proposed amendment to PC-19 (San Joaquin Plaza Planned Community Development Plan) Zoning District. 1. The project has been designed as 100 units with interior amenities and shared spaces within a 25-story building that provides effective open space, light, and air for each unit. The project is integrated as a unified development through the use of similar architectural style and design elements, on-site parking, and adequate vehicular and pedestrian access to the site. 2. The building, including the relatively small footprint, is designed to be compatible with surrounding residential, office and office development in Newport Center and Fashion Island. The building architecture provides a stone and masonry exterior with large window openings, a textured stone base, masonry frames and detailed metalwork. Massing offsets, multi-story bay windows, balconies, varied textures, recesses, articulation, and design accents on all building elevations are integrated to enhance the overall architectural style of the building. 3. The height, bulk, and scale of the residential building are comparable to height limits on surrounding properties and existing building heights throughout the northern half of Newport Center. The building is designed to provide variation and modulation between visual interest, especially at higher floors. The front fagades include both vertical and horizontal offsets and utilize a variation of building materials to provide enhanced visual relief. The project's orientation toward Newport Center Drive and San Clemente Drive creates a cohesive and visual connection to the interior of Newport Center. 4. Mechanical equipment for the residential units have been located within enclosures at the roof level to reduce noise impacts and the enclosures will provide effective screening below the roof parapet level to minimize aesthetic impacts. 5. The project has been designed to avoid long term conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts. The podium wall provides a buffer between a portion of the top floor parking garage units and the adjacent commercial development to the east and west and the residential development to the north. 6. Walkways and egress are sufficient throughout the site as reviewed by the Building Division and the City Traffic Engineer. 03-03-2015 39 Planning Commission Resolution No. #### Page 10 of 42 7. Pursuant to the Zoning Code, the project provides the required 200 residential parking spaces, and 50 guest parking spaces, which are provided entirely on-site. Additionally, the use of valet and the parking management increases the number of parking spaces. 8. Access to the site, on-site circulation, and parking areas are designed to provide standard-sized parking spaces, adequate drive aisles, and the minimum vehicle turning radius to provide safe access for residents and guests, emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. 9. The project's primary access would be at a new curb cut across from the intersection of San Clemente Drive and Santa Maria Road, and would include two main entry lanes and a guard station that would be setback from San Clemente Drive by approximately 60 feet. An exit lane would be adjacent to the entry lanes, though separated by a landscaped median and the guard station. The entry lanes would lead into a motor court that will be used for drop-off/pick-up of residents and guests, short-term parking, and pedestrian access to the building lobby. 10. Operationally, the project will provide 24-hour valet service to residents and guests. The use of valet will optimize the area available for parking and ensure all residents and guests can park on-site. The final valet/parking management plan is subject to the review and approval by the City Traffic Engineer. 11. The project does not change any street parking configurations as no parking is allowed on San Clemente Drive. The site design provides three curb cuts, one each for ingress and egress and one for emergency and delivery vehicle access. The project provides adequate sight distance at each driveway, as determined by the City Traffic Engineer. 12. Landscaping is provided throughout the site in areas that are not utilized by the existing units or areas for parking circulation. The project's perimeter and street landscaping will complement the street tree pattern, enhance the pedestrian experience, and soften the view of the building fagade. The majority of setback areas are landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help soften and buffer the massing of the building and podium at ground level. 13. New street trees will be provided along San Clemente Drive. 14. The existing pedestrian sidewalk and bicycle lanes along the San Clemente Drive frontage are maintained and will connect future residents to Fashion Island and Newport Center's other commercial and entertainment opportunities. To further facilitate vehicle independence and pedestrian use of nearby resources, the project includes storage for resident bicycles (two bicycles per unit) to take advantage of existing bicycle infrastructure within the City. 03-03-2015 40 Planning Commission Resolution No. #### Page 11 of 42 15. The project is subject to the City's Water-Efficient Landscape requirements (NBMC Chapter 14.17) and compliance will be confirmed at plan check prior to issuing building permits. 16. The proposed residential development provides a series of common outdoor living areas that includes pools, a dog run, open plazas, and landscaped seating. Half of the units provide private outdoor living space in the form of balconies or decks. 17. The site is visible from several coastal view roads including Avocado Avenue, Jamboree Road, MacArthur Boulevard and Newport Center Drive as identified by the General Plan. These roads have been designated as Coastal View Roads because portions of them offer views of the coast. In this case, although the project may be seen from portions of these designated coastal view roads; it will not block or obstruct views of the coast. As shown in in the view simulations and discussed in the analysis of the Aesthetics chapter of the DEIR, the project does not affect existing public views does not detract from the character of the area. The overall project height is consistent with the height limit on properties in the northern area of Newport Center and existing building heights on nearby blocks. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The residential project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment consistent with development in Newport Center. 2. The proposed building 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. Emergency, refuse and delivery trucks will utilize the service entry drive that leads to parking level 1 at the easterly side of the property. The final size, design, location, and screening of the refuse enclosures will comply with the requirements of NBMC Section 20.30.120 (Solid Waste & Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent uses. 3. The project, which would introduce approximately 224 new residents, would not impact the ability of public service providers, including police, fire protection, and emergency services, to meet standard levels or jeopardize the ability to meet existing response times. 03-03-2015 41 Planning Commission Resolution No. #### Page 12 of 42 4. The project redevelops an existing lot and introduces new residents into an area of Newport Beach with the intent of providing opportunities for residents to live in a pedestrian-friendly environment close to jobs, commerce, entertainment, and recreation. 5. While the project would generate new sources of light, the project site is located in the highly developed, urban Newport Center area that consists of substantial sources of light. Also, all exterior project lighting is required to comply with NBMC Section 20.30.070, which requires all outdoor lighting fixtures to be designed, aimed, located, and maintained to shield adjacent properties from light spillage. 6. The City has sufficient water supply to serve the project, which was accounted for in the City's 2015 Urban Water Management Plan (UWMP) water demand projections. Also, the project includes the installation of water-efficient fixtures in each unit to reduce water use and landscape irrigation systems designed with weather sensors, timers, and low-flow irrigation devices. 7. The project is within the notification area of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the project is below the maximum transitional imagery surface heights, and thus the project is within the building height limits of the AELUP. The project site also falls outside the 60 dBA Comminity Noise Equivalent Level contour line established by the AELUP and would, therefore, not conflict with any land use compatibility issues related to noise. Finally, the project site does not fall within any of the AELUP Safety Zones, in which certain land uses have been identified as incompatible and restricted. 8. The project does not involve the use or manufacture of any hazardous substances that could impact nearby development. Moreover, project construction would comply with all applicable laws and regulations governing application and disposal of any hazardous materials discovered during construction. 9. Roof-top mechanical equipment for each unit is fully enclosed within an equipment screen and is not visible from the public right-of-way. 10. The new construction complies with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. Tentative Tract Map A tentative tract map is requested for residential condominium purposes, to create 100 condominium units. In accordance with NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps), the following findings and facts in support of a tentative tract map are set forth: 03-03-2015 42 Planning Commission Resolution No. #### Page 13 of 42 Finding: D. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. Facts in Support of Finding: 1 . Refer to facts Amendments, above, that discuss the project's consistency with the proposed Multiple-Unit Residential (RM) General Plan land use designation. 2. The Tentative Tract Map provides for the development of residential condominium project located in a mixed-use area developed with residential, office and service/retail uses. 3. The Public Works Department has reviewed the proposed tentative map and found it consistent with the NBMC Title 19 (Subdivisions) and applicable requirements of the Subdivision Map Act. 4. Conditions of approval have been included to ensure compliance with NBMC Title 19 (Subdivisions). Finding: E. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The site has a gentle sloping condition from the front (San Clemente Drive) towards the rear. The building design accommodates this slope by with a podium wall at the westerly and northerly sides that maintain 10-foot setbacks. A caisson retaining wall along the easterly property line adjacent to the parking structure and a portion of the adjoining apartment development accommodates the design of the emergency/service access road. The site is safe and suitable for development. The site is not located in a flood zone. The geotechnical feasibility study and geotechnical report provides additional recommendations for construction of the project. Additional analysis of the structural design will be completed prior to the issuance of building permits. 2. The approximate two acre site is large enough to accommodate 100 units while providing sufficient landscape, setback and useable open space areas as well as vehicle access and guest parking areas that meet applicable standards. The existing developed site is devoid of natural resources, and it is located in an area that provides adequate access to roadways and utilities. 03-03-2015 -4.3 Planning Commission Resolution No. #### Page 14 of 42 3. The General Plan designates the properties to north as mixed-use and an apartment community is currently under construction. Other multi-family residential uses are been developed in the Newport Center area and have proven suitable for the area. Finding: F. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. Under existing conditions, the project site and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. The on-site vegetation is ornamental in nature, including trees and shrubs, groundcover, and vines growing on the existing building's facades and screen walls. Compliance with standard construction practices including avoiding removal of trees and vegetation during nesting season will ensure protection of any indigenous or migratory nesting birds during the construction. 2. No natural drainages traverse the property and no potential jurisdictional waters or wetlands areas are present on or immediately adjacent to the site. 3. An EIR (SCH No. 2016021023) was prepared for the proposed project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment, with the exception of temporary construction noise, with the incorporation of mitigation measures for air quality, cultural resources, geology and soils. The mitigation measures identified in the Final EIR are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applicable to the project through the MMRP (Exhibit B). Finding: G. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. At full build-out, air quality and greenhouse gas (GHG) emissions associated with construction of the project will be less than significant, as documented in the Final EIR. 03-03-2015 44 Planning Commission Resolution No. #### Page 15 of 42 2. Mitigation measures identified in the Final EIR reduce potential impacts associated with air quality, cultural resources and geology and soils to a level of less than significant. 3. Although a significant unavoidable impact related to construction noise has been identified, mitigation measures have been included to reduce the impact as much as feasibly possible. The impact is short term and no long term or permanent impacts related to noise have been identified. 4. No evidence is known to exist that would indicate that the subdivision pattern will generate any serious public health problems. 5. All construction for the project complies with Building, Public Works, and Fire Codes. Public improvements will be required of the developer per NBMC Section 19.28.010 and Section 66410 et seq. of the Subdivision Map Act. This project shall comply with all ordinances of the City and all conditions of approval. Finding: H. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks, three curb cuts along the San Clemente Drive frontage, and street trees along San Clemente Drive will be required of the applicant per the NBMC and the Subdivision Map Act. Sewer and water connections will be provided for the project as approved by the Public Works Department. 2. The existing sewer easement is no longer necessary and will be abandoned. The existing water easement will be abandoned and a new water easement, integrated into the design of the project, will be established. Finding: 1. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a 03-03-2015 45 Planning Commission Resolution No. #### Page 16 of 42 subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. Fact in Support of Finding: The project site does not contain prime farmland, unique farmland, or farmland of statewide importance and no portion of the project site is covered by a Williamson Act contract. Finding: J. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Fact in Support of Finding: California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this project site is not considered a "land project' as previously defined in Section 11000.5 of the California Business and Professions Code because the project site does not contain 50 or more parcels of land nor is it located within the boundaries of a specific plan. Finding: K. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: The proposed Tentative Tract Map and improvements are subject to Title 24 of the California Building Code that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Community Development Department enforces Title 24 compliance through the plan check and inspection process. Finding: L. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the 03-03-2015 40 Planning Commission Resolution No. #### Page 17 of 42 public service needs of the City's residents and available fiscal and environmental resources. Fact in Support of Finding: There are no existing dwelling units on the project site. Rather, the proposed project includes the construction of 100 new condominium units to contribute to the City's population needs, and 100 units above what is included in the General Plan. The applicant will be responsible for the payment of appropriate traffic fair share, San Joaquin Transportation Corridor, park, and development agreement public benefit fees for the development of these new dwelling units as conditions of approval. Finding: M. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. A National Pollutant Discharge Elimination System (NPDES) permit is required from the Regional Water Quality Control Board (RWQCB) for the proposed construction activities. A permit is required for all construction activities that include clearing, grading, and/or excavation that disturb at least one acre of total land area. Additionally, a Water Quality Management Plan (WQMP) has been prepared, pursuant to the requirements of the NPDES permit. 2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a SWPPP for construction-related activities, which would specify the Best Management Practices (BMPs) that the project would be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. 3. Sewer connections have been conditioned to be installed per City Standards, the applicable provisions of NBMC Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 4. The sewer analysis determined that a 12-inch vitrified clay pipe (VCP) sewer line would be needed to replace the existing 8-inch VCP in the downstream reach in Santa Barbara Drive. Thus, the project would install a 12-inch VCP sewer pipe at this location to connect with the Orange County Sanitization District sewer system. With this improvement, there will be adequate sewer system capacity to serve the requirements of the project. 03-03-2015 47 Planning Commission Resolution No. #### Page 18 of 42 Finding: N. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: The project site is not located within the Coastal Zone. Traffic Study In accordance with NBMC Section 15.40.030(A) Traffic Phasing Ordinance (TPO), the following findings and facts in support of such findings are set forth: Finding: A. That a traffic study for the project has been prepared in compliance with this chapter [15.40]and Appendix A. Facts in Support of Finding: 1 . A traffic study, titled "Traffic Impact Analysis, OCMA — Residential Project, City of Newport Beach" dated April 29, 2016, was prepared by DKS Associates under the supervision of the City Traffic Engineer. The analysis included a project trip generation study to establish existing trip generation for the museum. A supplemental traffic analysis dated July 15, 2016, was also prepared that studied five additional intersections. Both studies were prepared and reviewed for compliance with NBMC Chapter 15.40 (Traffic Phasing Ordinance). 2. Based on the proposed project description, the proposed project is anticipated to generate approximately 418 average daily trips where the existing museum use generates 108 average daily trips. Since the net increase exceeds 300, a TPO study has been completed. No significant impacts related to traffic have been identified. Finding: G That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (B) can be made: Facts in Support of Finding: 1. Construction of the project is anticipated to be completed in 2020. If the project is not completed within 60 months of receiving, preparation of a new traffic study is required. 03-03-2015 42 Planning Commission Resolution No. #### Page 19 of 42 The traffic study included fifteen study intersections plus five additional intersections in the supplemental traffic analysis were analyzed for potential impacts based on the City's Intersection Capacity Utilization methodology. Intersections under the jurisdiction of Caltrans were analyzed for potential impacts using the Highway Capacity Manual methodology. Utilizing these methodologies, the traffic study determined that the 18 intersections identified will continue to operate at satisfactory levels of service as defined by the TPO. Finding: H. That the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. Fact in Support of Finding: No improvements or mitigation are necessary because implementation of the proposed project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. Revocation Revocation of Use Permit No. 2015-017 is requested by the applicant. Use Permit No. 2015- 017 allowed beer and wine sales at the museum. Revocation of Modification Permit No. MD2004-059 which allowed additional flagpoles/signage beyond that allowed by the NBMC is also requested by the applicant. In accordance with NBMC Section 20.68.050(B)(4)(a) (Review Authority's Action), the following finding and fact in support of the revocation are set forth: Finding: The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications. Fact in Support of Finding: The property is subject to changed circumstances (General Plan amendment to RM) under which the site will no longer be improved with the infrastructure and occupied by a use contemplated by UP2015-017 and MD2004-059. 03-03-2015 Planning Commission Resolution No. #### Page 20 of 42 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach certify Environmental Impact Report No. ER2016-002 (SCH No. 2016021023) as depicted in Exhibit "A" , which consists of the notice of preparation, initial study, environmental analysis, alternatives analysis, appendices, responses to comments, and revisions to the draft EIR. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve the Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. 3. The Planning Commission of the City of Newport Beach hereby recommends the City Council of the City of Newport Beach approve General Plan Amendment No. GP2015- 001 as depicted in Exhibit "C," To remove the property from Anomaly No. 49 (Table LU2 and associated figures), change the land use category from Private Institutional (PI) to Multi-Unit Residential (RM-100) with a maximum development limit of 100 units and reduce the allowed in Anomaly No 49 to 21,576 square feet. 4. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Planned Community Development Plan Amendment No. 2015-001 (Zoning) as depicted in Exhibit "D" to change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi- Unit Residential and revise the development standards to accommodate the proposed residential development. 5. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Development Agreement No. DA2016-001, as set forth in Exhibit "E." 6. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Site Development Review No. SD2016-001 and Tentative Tract Map No. NT2016-001, as set forth in Exhibit "F", subject to the conditions of approval set forth in Exhibit "G." 7. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Traffic Study No. TS2015-004. 8. The Planning Commission of the City of Newport Beach hereby recommends City Council revocation of Use Permit No. UP2005-017 and Modification Permit No. M D2004-059. 03-03-2015 50 Planning Commission Resolution No. #### Page 21 of 42 PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF OCTOBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 03-03-2015 51 Planning Commission Resolution No. #### Page 22 of 42 Exhibit "A" Environmental Impact Report EIR SCH No. 2016021023 • Notice of Preparation • Initial Study • Environmental Analysis • Alternatives Analysis • Appendices • Responses to Comments • Revisions to Draft EIR (Available separate due to bulk) http://www.newportbeachca.gov/index.aspx?page=1347 03-03-2015 52 Planning Commission Resolution No. #### Page 23 of 42 Exhibit "B" Mitigation Monitoring Report Program 03-03-2015 153 October 2016 1 Mitigation Monitoring and Reporting Program State Clearinghouse No. 2016021023 MUSEUM HOUSE PROJECT for City of Newport Beach Prepared for: City of Newport Beach Contact: Gregg Ramirez, Senior Planner 100 Civic Center Drive Newport Beach,California 92660 949.644.3219 gramirez@newportbeachca.gov Prepared by: PlaceWorks Contact:JoAnn Hadfield, Principal, Environmental Services 3 MacArthur Place,Suite 1100 Santa Ana,California 92707 714.966.9220 info@placeworks.com www.placeworks.com ® PLACEWORKS 54 55 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Table of Contents Section Page 1. MITIGATION MONITORING AND REPORTING PROGRAM.........................................................1 1.1 PURPOSE OF MITIG:\TIO\MONITORING AND REPORTING PROGRAM............................1 1.2 PROJECT LOCATIO\ .......................................................................................................................................2 t.3 PROJECT SUMM:\Rl..........................................................................................................................................3 List of Tables Table Page Table 1 Mitigation Monitoring Requirements................................................................................................5 October 2016 Page i 50 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Table of Contents This page intentionally left blank. Page n PlaceWorkr 57 1 . Mitigation Monitoring and Reporting Program 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Museum House Draft Environmental Impact Report (DEIR),State Clearinghouse No. 2016021023. The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Newport Beach Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080,the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Newport Beach is the lead agency for the Museum House project and is therefore responsible for implementing the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation program. The MMRP defines the following for the mitigation measure outlined in Table 1, Mitigation Monitoring Requirementr October 2016 Page 1 52 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program ■ Definition of Mitigation.The mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. ■ Responsible Party or Designated Representative. Unless otherwise indicated, the project applicant is the responsible party for implementing the mitigation, and the City of Newport Beach or a designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. ■ Time Frame. In each case, a time frame is provided for performance of the mitigation measure or review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impactrelatedcomponents of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from local, state,and federal agencies with permitting authority over the specific activity. The numbering system in Table 1 corresponds with the numbering system used in the DEIR. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the City of Newport Beach Community Development Department Planning Division. 1.2 PROJECT LOCATION The City of Newport Beach is in the western part of Orange County in Southern California. The City is bordered by Huntington Beach to the northwest, Costa Mesa to the north, Irvine to the northeast, and unincorporated areas (Crystal Cove State Park) of Orange County to the southeast. Regional access to the City is provided by various freeways, including Interstate 405 which runs north to south across the southern California region and intersects State Route 73 (San Joaquin Hills Transportation Corridor) and State Route 55. State Route 55 also runs north to south and terminates in the City of Costa Mesa. State Route 73 runs along the northwestern boundary of the City limits and connects with Interstate 5 further south in Laguna Niguel. Highway 1, also known as East/West Coast Highway, runs near the southeastern boundary of Newport Beach. The project site is located in Newport Center, which includes residential, hospitality, and high- and low-rise office buildings surrounding the Fashion Island regional mall. The site itself is approximately two acres (86,942 square feet) and is located at 850 San Clemente Drive in Newport Center (Assessor's Parcel Number 442-261-05).The project site is generally bounded by Santa Cruz Drive to the east,Santa Barbara Drive to the west,San Joaquin Hills Road to the north, and San Clemente Drive to the south. Page 2 PlaceWorks 15J MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program 1.3 PROJECT SUMMARY A 25-story condominium tower is proposed for the approximately two-acre site and would consist of 100 forsaleresidential units and a two-level subterranean garage. The tower footprint would measure approximately 75 feet by 220 feet, with floors becoming progressively smaller at higher levels. The building would be located in the northeastern portion of the site and angled so that the lobby entrance faces San Clemente Drive. From finished grade of the main building entry point at approximately 187 feet above mean sea level (amsl) to the roof of the highest portion of the tower, which includes the mechanical equipment and elevator overrun, the tower is expected to be 482 feet amsl. Therefore, the tower itself, from finished grade of the main building entry point to the top of the tower would be 295 feet Each residential floor would be approximately 11 feet in height. The 100 residential units would consist of 54 two-bedroom units with 3 baths, and 46 three-bedroom units with 4 baths, ranging in size from approximately 1,800 to 6,000 square feet. The number of units per floor would range from three on the upper levels to five on the lower floors. All units would include private balconies. Architectural Features The Museum House tower would be designed as a Leadership in Energy and Environmental Design (LEED) Silver-certified building. The tower would be built with a textured stone base, masonry frames and pilasters, delicate metalwork details, and a predominantly stone and masonry exterior with large window openings. Larger-scale elements, such as multistory bay windows with French balconies and inset terraces, help define the massing in a residential manner, and multistory window groupings and large terraces at the uppermost floors create a finished cap to the building. All mechanical equipment and elevator overruns would be enclosed at the top floor. Common Area Amenities The proposed common area amenities would be located on Levels 1 and 2, and include both indoor and outdoor spaces. Common areas on the ground floor (level 1) could include a main lobby, bar and lounge, dining room and foyer, screening room, library, conservatory, and outdoor open space. The outdoor amenities may include a garden,lawn area, and a fountain plaza in the northern and northwestern portions of the project site,and dog run lawn along the southeastern site boundary. Level 2 is envisioned to have additional indoor common areas, which may include, but are not limited to, a lounge, fitness center and spa, billiards room, kid's playroom,party/event room, business center,and resident services. Outdoor spaces could include two amenity decks on each side of the building with a pool and garden terrace, an infinity edge pool, outdoor kitchen and barbecue area, and indoor space. An outdoor roof terrace is planned on the 25th floor. October 2016 Page 3 00 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Site Circulation and Parking Parking The proposed project would include 200 resident and 50 guest parking spaces, the majority of which would be in a two-level subterranean garage. Residential parking would be provided entirely in the underground garage. Guest parking would be available at the surface level (12 spaces) and underground garage (38 spaces). Valet parking for guests and residents would be used on a full-time basis. Vehicular Circulation Primary vehicular access to the site would be at the T-intersection of San Clemente Drive and Santa Maria Road,with secondary service access from a new San Clemente Drive curb cut near the project's southeastern boundary. Two main entry lanes would gain access to the property through a guard station and gate,which would be set back about 60 feet from the property line. One exit lane, separated by a landscaped median, would be adjacent to the entry lanes. The proposed entry lanes would lead into a motor court that could be used for drop-off/pick-up, short-term parking, and pedestrian access to the building lobby. The motor court would also provide access to the project's underground parking areas via ramps along the western edge of the site. The eastern side of the site, east of the proposed residential tower,would be improved with a fire lane and loading zone for delivery vehicles ending as a partially underground dead-end. Pedestrian Circulation Primary pedestrian access to the site would be from San Clemente Drive to the motor court and the lobby entrance on the western building facade. A five-foot-wide walkway along the service lane east of the building would provide secondary pedestrian access. Page 4 PlaceWorks 61 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 5.2 AIR QUALITY 2-1 During construction,the construction contractor(s)shall require Project Applicant; During building plan City of Newport Beach the use of interior paint with 0 grams per liter(g/L)of volatile Construction Contractor check and construction Community Development organic compounds(VOC)(i.e.,zero VOC paint).Paints that Department-Building emit less than the law-VOC limits of South Coast Air Quality Division Management District(SCAOMD)Rule 1113 are known as 'super-compliant paints."A list of super-compliant VOC coating manufacturers is available at SCAQMD's website (hltp://www.aqmd.gov/prdas/brochures/paintguide.html).Use of super-compliant interior paints shall be noted on building plans. 2-2 The construction contractor(s)shall limit the daily amount of Project Applicant; During grading and City of Newport Beach debris haul trips during the project's building demolition and Construction Contractor construction Community Development asphalt demolition phases to a maximum of 17 truckloads per Department-Building day(34 truck trips per day)or a total overall daily haul truck Division miles traveled of 680 miles,These requirements shall be noted on all construction management plans and truck trips and mileage shall be documented. 5.3 CULTURAL RESOURCES 3-1 Prior to the issuance of grading permits,the project applicant Project Applicant; Prior to issuance of City of Newport Beach shall demonstrate to the Community Development Department Certified Archaeologist; grading permits Community Development that an Orange County-certif ed professional archaeologist has Construction Contractor Department-Planning been retained to monitor any potential impacts to archaeological Division resources throughout the duration of any ground-disturbing activities at the project site.The qualified archeologist shall be present at the pregrade meeting to discuss the monitoring, collection,and safety procedures of cultural resources,if any are found. If subsurface cultural resources are discovered during ground- disturbing activities,the construction contractor shall ensure that all work stops within 25 feet of the find until the qualified archeologist can assess the significance of the find and,if necessary,develop appropriate treatment or disposition of the resources In consultation with the City of Newport Beach and a representative of the affected Native American tribe(Gabrieleno or Juaneno).The archeological monitor shall have the authority to hall any project-related activities that may adversely impact October 2016 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) potentially significant archaeological resources,Suspension of ground disturbances in the vicinity of the discoveries shall not be lifted until an archeological monitor has evaluated the discoveries to assess whether they are classified as significant cultural resources,pursuant to the California Environmental Quality Act and,if determined to be significant,to develop an appropriate treatment or disposition plan.As required by General Plan Policy HR 2.4,any scientifically valuable materials will be donated to a responsible public or private institution with a suitable repository,located within Newport Beach or Orange County,whenever possible. 3-2 Prior to the issuance of grading permits,the project applicant Project Applicant; Prior to issuance of City of Newport Beach shall demonstrate to the Community Development Department Certified Paleontologist grading permits Community Development that an Orange County-certified professional paleontologist has Department-Planning been retained to monitor any potential impacts to Division paleontological resources throughout the duration of any ground-disturbing activities at the project site.The paleontologist shall develop and implement a Paleontological Mitigation Plan,which shall Include the following minimum elements: • All earthmoving activities eight feet or more below the current surface shall be monitored full-time by a qualified paleontological monitor • If fossils are discovered,the paleontological monitor has the authority to temporarily divert work within 25 feet of the find to allow recovery of the fossils and evaluation of the fossil locality. • Fossil localities shall require documentation,including stratigraphic columns and samples for micropaleontological analyses and for dating. • Fossils shall be prepared to the point of identification and evaluated for significance. • Significant fossils shall be cataloged and identified prior to being donated to an appropriate repository. The final report shall interpret any paleontological PlaceWorks �a3 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) resources discovered in the regional context and provide the catalog and all specialists'reports as appendices. An executed curation agreement shall be part of the plan,and the project proponent shall bear all expenses of the mitigation program,including curation of materials meeting significance criteria. 3-3 During construction activities,the project applicant shall allow Project Applicant During grading and City of Newport Beach representatives of cultural organizations,including Native construction Community Development American tribes(i.e.,Gabrieleno Band of Mission Indians),to Department—Planning access the project site on a volunteer basis to monitor grading Division and excavation activities. 5.4 GEOLOGY AND SOILS 4-1 Given that the project would require excavation extending to the Project Applicant Prior to issuance of City of Newport Beach property line,shoring is required to support subterranean grading permits Community Development excavation.Prior to issuance of grading permits,the City of Department—Building Newport Beach Building Division shall confirm that the grading Division plans include the shoring requirements detailed in the project's geotechnical study.Cantilever,tied-back or internally braced shoring systems can be used for the subterranean excavation. Cantilever shoring systems are typically limited to a maximum retained height of 15 feet.Tied-back sharing walls will require a temporary or permanent easement from the adjacent property owners and the City of Newport Beach. The sharing system shall be designed to resist a uniform pressure equal to 25 pounds per square foot(pst).An allowable passive earth pressure of 200 lost per foot of depth below the bottom of the excavation shall be used for design of the shoring system. The residential tower would be located approximately 26 feet from the property line.Therefore,it may be possible to excavate to the subgrade elevation without the use of shoring.Temporary slope in the marine terrace deposit may be excavated at slopes where the proportion of the height of the rise is less than or equal to the length of the slope(111:1 V).Alternatively,sloped excavations may be used to reduce the height of the shored October 2016 04 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) excavation.In the case,the earth pressures above may be increased and will be handled on a case by case basis when the height of the sloped excavation is known. All shoring and excavation shall comply with current Occupational Safety and Health Administration regulations and observed by the designated competent person on site. 4-2 The bedding zone is defined as the area containing the material Project Applicant Prior to issuance of City of Newport Beach specified that is supporting,surrounding,and extending to one grading permits Community Development foot above the top of any proposed utility pipes.During grading Department—Building and construction plan reviews,the City of Newport Beach Division Building Divisions shall confirm that the project's proposed bedding satisfies the requirements of the Standard Specifications for Public Works Construction(SSPWC)Section 306-1.2.1.There shall be a 4-inch minimum of bedding below the pipe and 1-inch minimum clearance below a projecting bell. There shall be a minimum side clearance of 6 inches on each side of the pipe, Bedding material shall be sand,gravel,crushed aggregate,or native free-draining material having a sand equivalent of not less than 30,or other material approved by the engineer.Materials used for the bedding zone shall be placed and compacted with light mechanical means to reduce the potential of damaging the pipe;jetting shall not be allowed. 4-3 Backfill shall be considered as starting 12 inches above the Project Applicant Prior to Issuance of City of Newport Beach pipe.On-site excavated materials are suitable as backfill. Construction Contractor grading permits and Community Development During construction activities,any boulders or cobbles larger during construction Department—Building than three inches in any dimension shall be removed before Division backfilling.All backfill shall be placed in loose lifts not exceeding 6 to 8 inches in thickness and be compacted to at least 90 percent relative compaction.The upper 12 inches below pavement shall be compacted at least to 95 percent relative compaction.Mechanical compaction will be required to accomplish compaction above the bedding along the entire pipeline alignments. In backfill areas,where mechanical compaction of soil backfill is impractical due to space constraints,sand-cement slurry may be substituted for compacted backfill.The slurry shall contain PlaceWlorks MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) one sack of cement per cubic yard and have a maximum slump of 5 inches.When set,such a mix typically has the consistency of hard compacted soil and allows for future excavation. A lean non-shrink concrete plug with a minimum width length of 3 feet shall be placed in the utility trenches at the location where off-site utilities enter the project boundaries to minimize the potential for off-site water flow onsite. 4-4 All foundation excavations shall be observed and/or tested by Project Applicant During grading and City of Newport Beach the project applicant's geotechnical consultant before placement Geotechnical construction Community Development of concrete to verify that the foundations would be supported in Consultant Department—Building competent soils.If soft or loose soils are encountered at the Division subgrade level,the soils shall be removed or brought to a near- optimum moisture content(t2 percent),recompacted,and tested to a minimum of 95 percent relative compaction prior to placement of fill or footing or floor slab construction.Only granular soils shall be used for compacted fill. Mat foundations may also derive lateral load resistance from passive resistance along the vertical sides of the foundations. Therefore,an ultimate passive fluid pressure of 350 pounds per cubic foot(pcf)shall be used.It is recommended that an ultimate sliding friction coefficient of 0.45 to be used for design. Passiveand sliding resistance may be used In combination without reduction.The required factor of safety is 1.5 for static loads and 1.1 for wind or seismic loads. 5.9 NOISE 9-1 At least 30 days prior to commencement of demolition or any Project Applicant; At least 30 days prior to City of Newport Beach other construction activities,notification shall be given to all Construction Contractor demolition or Community Development residents or businesses within 500 feet of the project site construction Department—Building regarding the planned construction activities.The notification Division shall include a brief description of the project,the activities that would occur,the duration and hours when construction would occur.The notification shall also include the telephone number of the construction contractor's authorized representative to respond in the event of a vibration or noise complaint. 9-2 Prior to the beginning of construction activities,a sign shall be Project Applicant; Prior to construction City of Newport Beach October 2016 00 MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) posted at the entrance to the job site,clearly visible to the Construction Contractor Community Development public,that contains a contact name and telephone number of Department—Building the construction contractor's authorized representative to Division respond in the event of a vibration or noise complaint.If the authorized representative receives a complaint,he/she shall investigate,take appropriate corrective action,and report the action to the City of Newport Beach's Community Development Director. 9-3 Route all construction-related trips(including worker Project Applicant; During grading and City of Newport Beach commuting,material deliveries,and debris/soil hauling)so as to Construction Contractor construction Community Development minimize pass-lays or residential areas around the project site. Department—Building Division 9-4 All heavy construction equipment used on the proposed project Project Applicant; During grading and City of Newport Beach shall be maintained in good operating condition,with all internal Construction Contractor construction Community Development combustion,engine-driven equipment fitted with intake and Department—Building exhaust muffles,air intake silencers,and engine shrouds no Division less effective than as originally equipped by the manufacturer. 9-5 Electrically powered equipment instead of pneumatic or internal Project Applicant, During grading and City of Newport Beach combustion powered equipment shall be used to the extent Construction Contractor construction Community Development possible. Department—Building Division 9-6 All stationary noise-generating equipment shall be located as far Project Applicant; During grading and City of Newport Beach away as possible from neighboring properly lines;with particular Construction Contractor construction Community Development attention paid to the residential complex(currently under Department—Building construction)to the north of the project site. Division 9-7 Limit all internal combustion engine idling both on the site and at Project Applicant; During grading and City of Newport Beach nearby queuing areas to no more than five(5)minutes for any Construction Contractor construction Community Development given vehicle or machine. Signs shall be posted at the job site Department—Building and along queueing lanes to reinforce the prohibition of Division unnecessary engine idling. 9-8 The use of noise producing signals,including horns,whistles, Project Applicant; During grading and City of Newport Beach alarms,and bells will be for safety warning purposes only.Use Construction Contractor construction Community Development smart back-up alarms,which automatically adjust the alarm Department—Building level based on the background noise level,or switch off back-up Division alarms and replace with human spotters. PlaceWork.r MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Table 1 Mitigation Monitoring Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 9-9 A temporary noise barrier/curtain shall be erected between the Project Applicant; During building plan City of Newport Beach construction zone and adjacent residential receptors to the Construction Contractor check and grading and Community Development north of the project site boundary.The temporary sound barrier construction Department—Building shall have a minimum height of 16 feel and be free of gaps and Division holes and must achieve a Sound Transmission Class(STC)of 35 or greater.The barrier can be(a)a 3/a-inch-thick plywood wall OR(b)a hanging blanketicurtain with a surface density of at least 2 pounds per square foot, For either configuration,the construction side of the barrier shall have an exterior lining of sound absorption material with a Noise Reduction Coefficient (NRC)rating of at least 0.7. 5.13 TRANSPORTATION AND TRAFFIC 13-1 Prior to issuance of building permits,the project applicant shall Project Applicant: Prior to issuance of City of Newport Beach prepare a construction traffic management plan to be submitted Construction Contractor building permits Traffic Engineer and approved by the City of Newport Beach Traffic Engineer.At a minimum,the construction traffic management plan shall include the following: • Provide detail on planned lane closures,Including scheduling and duration; • Detail applicable lane closure restrictions during peak hours and holiday periods and noticing to surrounding property owners and tenants; • Provide measures to prevent blocking of surrounding property access points(due to construction vehicle queuing,etc.); • Document specific off-site parking locations for construction workers; • Project phasing; • Parking arrangements for off-site parking location and on-site during construction; • Anticipated haul routes;and • All materials transported on and offsite shall be securely covered to prevent excessive amounts of dust or dirt. October 2016 �g MUSEUM HOUSE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Tbz j age intentionally left blank. PlaceWorks 09 Planning Commission Resolution No. #### Page 24 of 42 Exhibit "C" General Plan Land Use Map Amendment 03-03-2015 70 Land Use Change: , �,,• `�' Anomaly 49 Development Limit from 45,208 s.f to 21,576 s.f. 162 ,,��,,,•' , ,, Land Use Change: Private Institutions (PI) �,• ;�, Anomaly 49 to Multiple Unit 5 Residential (RM) 100 dwelling units l: 7 48 1 � � LE too 74 • ' 40 41 • 42 Table LU2 - Anomaly 49 GPA Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Development Additional Number Area Designation Limit so Limit(Other) Information 49 L1 PI 456 21,576 72 Planning Commission Resolution No. #### Page 25 of 42 Exhibit "D" Amended PC-19 (San Joaquin Plaza) 03-03-2015 73 San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan Land Uses, Development Standards & Procedures 74 Land Uses, Development Standards & Procedures San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan Land Uses, Development Standards & Procedures Table of Contents I. Introduction A. Introduction and Purpose of Development Plan B. San Joaquin Plaza Statistical Analysis C. Planned Community Area Location Map Chapter 1 (PC Subarea 1) I. Relationship to Other Regulations A. Relationship to the Municipal Code II. Land Use and Development Regulations A. Permitted Uses B. Development Limits C. Transfer of Development III. Site Development Standards A. Permitted Height of Structures B. Standards for Allowable Heights C. Rooftop Appurtenances D. Site Walls, Retaining Walls, Garage Walls and Mechanical Screens E. Site Setbacks F. Floor Area Ratio G. Lot Coverage H. Parking I. Landscaping J. Lighting K. Signs L. Residential Open Space Requirements M. LEED Certification N. Construction and Utility Requirements IV. Definitions V Site Development Review San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 1 715 Land Uses, Development Standards & Procedures Chapter 2 (PC Subarea 2) I. San Joaquin Plaza Planned Community District Regulations A. General Notes B. Permitted Uses C. Building Location D. Building Height E. Parking F. Landscaping G. Loading Areas H. Refuse Collection Areas I. Telephone and Electrical Service J. Signs San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 2 70 Land Uses, Development Standards & Procedures [this page intentionally blank] San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 3 77 Land Uses, Development Standards & Procedures San Joaquin Plaza PC Development Plan Amendment No. 8 I. Introduction A. Introduction and Purpose of Development Plan The San Joaquin Plaza Planned Community ("PC") District (PC-19) for the City of Newport Beach is a part of the Newport Center Development in conformance with the Newport Beach General Plan. 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 within Newport Center. As shown on Figure 1, the San Joaquin Plaza PC District is located in the north end of Newport Center where the concentration of building height and mass is greatest. It is generally bounded by Santa Cruz Drive on the east, San Clemente Drive on the south, and Santa Barbara Drive to the west. Surrounding uses include an existing parking structure to the east office buildings to the west, residential apartments to the north and office and residential apartments to the south. The Fashion Island regional mall is approximately % mile to the south. The purpose of the San Joaquin Plaza PC District is to ensure consistency with General Plan policies related to development scale in Newport Center and expectations for high quality development. This San Joaquin Plaza PC Development Plan is divided into two chapters. Chapter 1 provides land use and development standards for PC Subarea 1 (850 San Clemente Drive) only. Chapter 1 supersedes the Existing PC Development Plan with respect to PC Subarea 1. The land use and development standards in the Existing PC Development Plan shall not apply to PC Subarea 1. Chapter 2 of this San Joaquin Plaza PC Development Plan provides land use and development standards for PC Subarea 2 (856 San Clemente Drive) only. Chapter 2 consists of the entire Existing PC Development Plan except Section I (Statistical Analysis), which shall be superseded by Section I (B) (San Joaquin Plaza Statistical Analysis) below. Section II (General Notes) and Section III (Civic, Cultural, Business and Professional Offices) of the Existing PC Development Plan, which set forth land use and development standards, shall apply to PC Subarea 2 only, and not PC Subarea 1. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 4 72 Land Uses, Development Standards & Procedures B. San Joaquin Plaza Statistical Analysis The San Joaquin Plaza Planned Community area consists of two distinct subareas: PC Subarea 1 (850 San Clemente Drive) a. Site Area: 1.99 acres b. Existing Use: Orange County Museum of Art Exhibition Space (23,632 Square Feet) PC Subarea 2 (856 San Clemente Drive) a. Site Area: 0.93 acre a. Existing Use: Orange County Museum of Art Galleries Administrative Offices &Storage (13,670 Square Feet) San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 q5 7J Land Uses, Development Standards & Procedures C. San Joaquin Plaza Planned Community Area Location Map Figure-1—San Joaquin Plaza -ROW O 'QO O� Q �Jti f V�,� a m z SAN CLE�ENTE pR. ® PC Subarea I(850 San Clemente Drive) ILLI PC Subarea 2(856 San Clemente Drive) ❑ Not Included in Planned Community San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 6 20 Land Uses, Development Standards & Procedures Chapter 1 (PC Subarea 1) I. Relationship to Other Regulations A. Relationship to the 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 San Joaquin Plaza 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. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 7 21 Land Uses, Development Standards & Procedures II. Land Use and Development Regulations— PC Sub Area 1 A. Permitted Uses 1. General 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 Multi - Residential (RM) Land Use designation. 2. San Joaquin Plaza Subarea 1 a. Residential i. 100 residential units b. Uses that are accessory or ancillary to the permitted residential uses, including residential support uses, are also permitted. These include, but are not limited to, the following: i. Club Rooms ii. Lobby iii. Fitness and Spa iv. Business Services and Building Services v. Rooftop lounge vi. Wine Storage vii. Catering kitchen 1. Resident serving food and beverage services viii. Laundry ix. Conference Rooms x. Similar resident serving uses c. Structured Parking, Garage and Facilities B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan. Development limits may be modified through the approval of a Transfer of Development Rights. 1. San Joaquin Plaza Subarea 1 (850 San Clemente Drive) Up to 100 residential units are permitted within San Joaquin Plaza Subarea 1. Residential uses are measured on a per unit basis and not by gross floor area. Ancillary uses, such as club rooms, San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 8 22 Land Uses, Development Standards & Procedures fitness, lobbies, business services, amenities and building services shall not require parking as they support the primary operations of the residential community and its residents. 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 Policy LU 6.14.3 of the General Plan and this Planned Community Development Plan. The transfer of development rights shall be approved, as specified in the General Plan San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 9 Rs Land Uses, Development Standards & Procedures III. Site Development Standards A. Permitted Height of Structures 1. San Joaquin Plaza Subarea 1 B. Standards for Allowable Heights The maximum height of all structures shall be 295 feet as measured from finished grade to the roof of the highest appurtenance. Finish grade is defined in Graphic 1, as elevation of main building entry point in relation to mean sea level. C. Rooftop Appurtenances Rooftop appurtenances are permitted. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(1)(b). 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 for any rooftop appurtenances San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 10 24 Land Uses, Development Standards & Procedures RpolwA� ------------------------------------------ -------- ----- of N' hest Occutawal s e L OI m C 9 CO Building Entry Point ---- ---- -- - I I I Finishatl Grade Note.In no instance shall any Part of the WAditg.inoiudirg rcofmp appurtenances a achAectural features.penetrate IM FAA (Part 1])imaginary obstruction surface for John Wayne Airpert Graphic 1—Example of Building Height and Rooftop Appurtenances San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 11 25 Land Uses, Development Standards & Procedures D. Site Walls, Retaining Walls, Garage Walls and Mechanical Screens a. Site Walls i. Site walls will not exceed 8'-0" from finish grade. b. Retaining Walls I. Interior: The height of a retaining wall that faces interior to the project is not to exceed 30'-0" from finish grade. ii. Exterior: Retaining walls that face exterior to adjacent properties and San Clemente Drive at property lines, are limited in height to 8'-0" from finish grade not including handrail conditions that may be required above these walls.These handrail requirements may be formed by the retaining wall. c. Garage Walls that are exposed will be treated as architectural building fagade. d. Mechanical Screens will be allowed to be of sufficient height to provided coverage of equipment. Required grills, louvers, vents and other functional requirements of building equipment will to the extent possible be incorporated into the building architecture. E. Site Setbacks a. San Clemente Drive 15'-0" b. East Property Line (Adjacent to Parking Garage) 5'-0" c. North Property Line (Adjacent to San Joaquin Apartments) 5'-0" d. West Property Line 5'-0" F. Floor Area Ratio a. Allowable Floor Area for Site is 4.5:1 FAR b. Lot Area 86,924 Square Feet c. Allowable Area 391,000 Square Feet G. Lot Coverage Lot coverage is the percentage of buildable site area. a. Lot Area 86,924 Square Feet b. Allowable Lot Coverage is 90% 78,430 Square Feet H. Parking Residential parking is based on unit count with each unit receiving 2 parking spaces. Residential guest parking is also based on unit count with .5 spaces per unit. Accessory, ancillary, and support uses for residential developments shall not be included in the calculation of required parking. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 12 20 Land Uses, Development Standards & Procedures Valet parking is allowed subject to the approval of a valet plan by the City Traffic Engineer and Community Development Director. I. Landscaping Refer to City of Newport Beach Municipal Code. J. Lighting Refer to City of Newport Beach Zoning Code K. Signs 1. General Sign Standards 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. 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 San Joaquin Plaza Subarea 1 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. 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. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 13 27 Land Uses, Development Standards & Procedures Table 2—Sign Standards for San Joaquin Plaza Subarea 1 Sign Maximum Maximum Type Description Location Number Maximum Sign Size Letter/Logo Height Signs mounted on landscape walls San Joaquin Determined by (includes ground Plaza at San project name; A 4 letter/logo height 36 inches mounted signs in Clemente not to exceed 36 front of landscaping project entry inches and landscape walls) Determined by On building name of project; elevation, letter/logo height Primary 24 2 Primary and 4 inches B Building Sign awning or not to exceed: parking secondary Primary 24 Secondary 16 inches structure inches,Secondary 16 inches 4 (additional address signs 24 inches or On building may be located as required C Building Address elevation where 24 inches high by Fire appropriate for Department on-site orientation) As required by Fire Entry to As appropriate Department D Advisory Signs for safety and 6 feet high or Building service orientation Code for safety purposes San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 14 22 Land Uses, Development Standards & Procedures 4. TemporarySigns Temporary signs are permitted. See Definitions. L. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space The project shall provide common outdoor open space either at grade, podium, common level within the building, or roof level. Common outdoor open space areas shall have a minimum horizontal 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 Open Space The 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 access point. 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 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace. Private open space shall be a minimum area of 30 square feet 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. M. LEED Certification The Building will be designed to meet the criteria of LEED Certification as based on LEED's prototype points and scorecard rating system. N. Construction and Utility Requirements 1. Archaeological/Paleontological Grading of the site is subject to the provisions of the City Council Policies K-4 & K-5 regarding archaeological and paleontological resources. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 15 e9 Land Uses, Development Standards & Procedures 2. Building Codes Construction shall comply with applicable provisions of the California Building Code and the various other mechanical, electrical and plumbing codes related thereto as adopted by the NBMC. 3. Grading Grading and excavation of the development area shall be conducted and undertaken in a manner both consistent with grading manual standards and ordinances of the City of Newport Beach and in accordance with a grading and excavation plan approved by the City of Newport Beach Building Division. 4. Telephone, Gas and Electrical Service All "on-site" gas lines, electrical lines and telephone lines shall be placed underground. Unless prohibited by the utility company, transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 5. Sewage Service All new and upgrade on and off-site sewer lines shall be designed in accordance with the Utilities Manager's approval. 6. Storm Water Management The project shall adhere to the Water Quality Management Plan (WQMP) approved in conjunction with the issuance of building permits. Drainage and water quality assurance measures will be implemented as per the City Public Works and Municipal Separate Storm Sewer System (MS4) requirements. Development of the property will be undertaken in accordance with the flood protection policies of the City. 7. Water service Water service to the site will be provided by the City of Newport Beach and is subject to applicable regulations, permits and fees as prescribed by the City. The project shall provide the infrastructure for Fire Protection Water Service and Domestic water. Each dwelling unit shall be served by its own individual water meter in accordance with the Public Works Department unless a waiver is approved by the Public Works Department. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 16 9L) Land Uses, Development Standards & Procedures IV. Definitions All words and phrases used in this North San Joaquin Plaza PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. 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. Building Elevation:The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the roof of the highest occupied space 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. Floor Area, Gross: 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, space below building entry or basement, parking, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces, which are inaccessible to tenants, are not counted as square footage. 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. Podium Level: A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Residential: An area or areas 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. Individual residential units may be located on multiple floors and need not be located in contiguous spaces. 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 34. 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. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 17 91 Land Uses, Development Standards & Procedures Support Uses: Uses within residential developments and parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. 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. 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. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 18 92 Land Uses, Development Standards & Procedures V. Site Development Review The purpose of the Site Development Review (SDR) process is to ensure that any new development proposal within Subarea 1 is consistent with the goals and policies of the General Plan and the provisions of the San Joaquin Plaza Planned Community Development Plan. Prior to the issuance of building permits for development within Subarea 1, a SDR application shall be required in accordance with Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code. The Subarea 1 SDR shall be part of this Planned Community Development Plan and shall be reviewed concurrently with the Planned Community Development Plan. The submitted site pans and elevations shall be part of this application. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 19 93 Land Uses, Development Standards & Procedures Chapter 2 (PC Subarea 2) I. San Joaquin Plaza Planned Community District Regulations Chapter 2 of this San Joaquin Plaza PC Development Plan provides land use and development standards for PC Subarea 2 (856 San Clemente Drive) only. Chapter 2 consists of the entire Existing PC Development Plan except Section I (Statistical Analysis), which shall be superseded by Section I (B) (San Joaquin Plaza Statistical Analysis) above. Section II (General Notes) and Section III (Civic, Cultural, Business and Professional Offices) of the Existing PC Development Plan, which set forth land use and development standards, shall apply to PC Subarea 2 only, and not PC Subarea 1. A. GENERAL NOTES 1. Water within the Planned Community area will be furnished by the City of Newport Beach. 2. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 3. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 4. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Community Development Director. 5. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. 6. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Community Development Director. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Community Development Director. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. In the event that any non-office facility was to be eliminated from the project, the eliminated facility would be replaced with the equivalent amount of office space. 11. That a pedestrian and bicycle trail system be reviewed and approved by the Community Development Director. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 20 94 Land Uses, Development Standards & Procedures San Joaquin Plaza —Planned Community District Regulations 5 12/4/07 II. CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES A. INTENT The intent of this district is to permit the location of a combination of civic, cultural, business and professional office uses, and support commercial activities engaged in the sale of products to the general public. B. PERMITTED USES The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. Administrative and professional offices. 3. Restaurants, bars and theater/nightclubs. Subject to Use Permit. 4. Institutional,financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. C. BUILDING LOCATION 1. All buildings shall be located in substantial conformance with the approved site plan. D. BUILDING HEIGHT 1. All buildings and appurtenant structures shall be limited to a maximum height of sixty- five (65) feet. E. PARKING 1. Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on-street parking. 2. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off-street parking requirements of City of Newport Beach Planning and Zoning Ordinance. 3. Parking for the museum shall be based on 3.5 spaces/1,000 square feet of gross floor area. F. LANDSCAPING 1. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. San Joaquin Plaza IPC 19 Amendment) Planned Community Development Plan 8 August 2016 21 95 Land Uses, Development Standards & Procedures 2. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. a. Screening-Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. b. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. G. LOADING AREAS 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. H. REFUSE COLLECTION AREAS 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. I. TELEPHONE AND ELECTRICAL SERVICE 1. All "on site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Unless prohibited by the utility company, transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. J. SIGNS 1. Building Address Sign a. Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. b. Building address number shall face 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. 2. Project/Building Identification Sign a. Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, and adjacent to project intersection corners provided that they comply with the City of Newport Beach sight distance requirement 110-L. b. The identification signage is permitted in the form of a free-standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. The monument sign shall be limited to 5 feet in height and 12 feet in width as depicted on the attached sign drawings. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 q22 /o Land Uses, Development Standards & Procedures 3. Project/Tenant Identification Signs a. Project/tenant identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach sight distance requirement 110-L. b. The project/tenant identification signage is permitted in the form of a free standing (single or double faced) monument sign and may contain the project identification and a maximum of two tenant names. The tenant selection will be determined by the property owner or their designated management company. The tenant name shall not exceed 5 % inches in height and the monument sign shall be limited to 6 feet in height and 12 feet in width as depicted on the attached sign drawings. 4. Tenant Identification Signs a. Tenant identification signs are permitted and are divided into two (2) categories: b. PrimaryTenant - Secondary Tenant identification signs are to be wall-mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). c. Each secondary tenant shall be limited to one (1) identification sign. d. The maximum letter height of a primary tenant sign shall not exceed twenty-four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. e. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. 5. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 6. Temporary Signs a. The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. b. Temporary signs are to identify the future site, project or facility under development on individual project sites. c. Information on this sign is limited to: i. For Sale, For Lease, Future Home of, Building/Project Name, etc. -Type or Name of Development -Type and Area of Space Available - Major Tenant or Developer - Financial Institution - General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number -The Irvine Company or Project Name and Logo ii. Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double-faced and parallel or perpendicular to the roadway. iii. Longevity: Signs can existfrom the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 23 97 Planning Commission Resolution No. #### Page 26 of 42 Exhibit "E" Draft Development Agreement (Will be provided under separate cover) 03-03-2015 92 Planning Commission Resolution No. #### Page 27 of 42 Exhibit "F" Project Plans Including Vesting Tentative Tract Map No. NT2016-001 03-03-2015 99 SHEET INDEX - ARCHITECTURAL A0.0 COVER SHEET A0.1 SITE PLAN & PROJECT SUMMARY ("UPDATED SHEET) A0.2 OPEN SPACE DIAGRAMS - COMMON OPEN SPACE (*UPDATED SHEET) A0.3 OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE (*UPDATED SHEET) A0.4 OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE (*UPDATED SHEET) A1.1-A FLOOR PLAN - LEVEL 131 (*UPDATED SHEET) A1.1-13 FLOOR PLAN - LEVEL B2 (*UPDATED SHEET) A1.2 FLOOR PLAN - LEVEL 1 - 2 (*UPDATED SHEET) A1.3 FLOOR PLAN - LEVEL 3 - 6 A1.4 FLOOR PLAN - LEVEL 7 - 14 A1.5 FLOOR PLAN - LEVEL 15 - 16 A1.6 FLOOR PLAN - LEVEL 17 - 19 A1.7 FLOOR PLAN - LEVEL 20 - 21 A1.8 FLOOR PLAN - LEVEL 22 - 23 A1.9 FLOOR PLAN - LEVEL 24 - 25 A1.10 FLOOR PLAN - ROOF LEVEL A2.1 FRONT ELEVATION (*UPDATED SHEET) A2.2 BACK ELEVATION (*UPDATED SHEET) A2.3 NORTH & SOUTH ELEVATIONS (*UPDATED SHEET) A3.1 SITE SECTION 1 (*UPDATED SHEET) SHEET INDEX - FIRE ACCESS FP-1 FIRE MASTER SITE PLAN *UPDATED SHEET) SHEET INDEX - CIVIL C-01 CONCEPT GRADING C-02 SECTIONS C-03 SECTIONS C-04 SECTIONS C-05 TREE EXHIBIT C-06 SECTIONS GCM CONSTRAINTS MAP C-FHLE FIRE HYDRANT LOCATION EXHIBIT C-VTTM VESTING TENTATIVE TRACT MAP SHEETINDEX - LANDSCAPE 1-1.0 HARDSCAPE PLAN - GROUND FLOOR (*UPDATED SHEET) L1.1 HARDSCAPE PLAN - ROOF GARDENS *UPDATED SHEET L2.0 PLANTING PLAN - GROUND FLOOR *UPDATED SHEET L2.1 PLANTING PLANS - ROOF GARDENS *UPDATED SHEET ENTITLEMENT SET OCTOBER 12 , 2016 VICINITY MAP 4 qQ p1h y < oQ<`' SRp 0 0 J� U 2 ye N D Z D SAN CLEMENTE DR. D W D D 0 A pR G Q� QO N A0.0 OCMA RAMSA mNffi 850 San Clemente Drive COVER SHEET WRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S lDPn/2016 PROJECT INFORMATION Site Address: RESIDENTIAL DENSITY 850 San Clemente Drive 100 12.00 ac = 50 Units per Acre Newport Beach, CA 92660 PARKING: OWNERSHIP ARCHITECT DESIGN ARCHITECT REQUIRED: - 250 STALLS OCMA Urban Housing, LLC MVE + Partners Robert A.M. Stern Architects, LLP RESIDENTIAL 200 STALLS 18201 Von Karman Avenue, 1900 Main St, 460 West 34th Street GUEST 50 STALLS Suite 900 Suite 800 New York, NY 10001 Irvine, CA 92612 Irvine, CA 92614 Contact: Daniel Lobitz Contact: Steven Oh. Contact: Matthew F. McLarand T:212.967.5100 F:212.967.5588G T:949.660.7272 T:949.809.3388 F:949.809.3399 PROVIDED: - - - - - - 250 STALLS S1POC1*- 275' 1111x° - - - - - - - - - CIVIL LANDSCAPE LAND USE CONSULTAN7 RESIDENTIAL 200 STALLS 5'-01, 266-111/8° 1 PROPERTY LINE MIN ET ACK MIN ET ACK PROPERTY LINE Fuscoe Engineering Inc. Pamela Burton & Company Manatt, Phelps & Phillips, LLP GUEST 50 STALLS MAINTENANCE 16795 Von Karman, 1430 Olympic Boulevard 695 Town Center Drive 14th Floor Q _ _ _ _ _ _sus°2�'Ss°E 275.94' PL PATH _ _ _ _ _ 181' TW _ REFER TO CIVIL DRAWINGS. Suite 100 Santa Monica, CA 90404 Costa Mesa, CA 92626 *PER GENERAL PLAN PC-56: 2 SPACES PER UNIT INCLUDES 1 COVERED: PLUS 0.5 o w - - �"�' - - - m _ - Irvine, California 92606 Contact: Pamela Burton Contact: Sean Matsler • - - F TOOT - - z Contact: John Olivier T:310.828.6373 F:310.828.8054 T: 714.371.2500 F:714.371.2550 SPACES PER UNIT UP TO 50 UNITS, 0.25 THEREAFTER FOR GUEST PARKING - = m . 7;213.673.4400 F,213.673.4410 BASEMENT FOOTPRI T ° ° G ° p �; REQUIRED PROPERTY ° ^ ' z o o °v LINE SETBACK • I � o ° ° I °o o° ° I I PROJECT DESCRIPTION FLOOR AREA RINQESETBACOPERT THE PROJECT CONSISTS OF (1 ) MULTI-STORY °°° 1 ST FLOOR AREA: 21 ,409 SF 14TH FLOOR AREA: 16,021 SF S° ' T� °°°°°°°°o ° °°° o° L o °°o° ° - i REFER TO CIVIL DRAWINGS. °°° T RESIDENTIAL BUILDING. 2ND FLOOR AREA: 17,022 SF 15TH FLOOR AREA: 16,011 SF I; I ° °° ° II 25 STORIES OF RESIDENTIAL L2 AMENITYPOOLD CK ° 3RD FLOOR AREA: 17,597 SF 16TH FLOOR AREA: 16,011 SF (SEE LANDSCAPE DR WI GS) III I 1 ° °°°°° o ° 2 LEVELS OF UNDERGROUND PARKING I °° °° (SEE LANDSCAPE RN TERRACE RDRAWINGS) BUILDING SHALL BE COMPLETELY SPRINKLERED. 4TH FLOOR AREA: 17,597 SF 17TH FLOOR AREA: 14,536 SF I I .I I � °. I 5TH FLOOR AREA: 17 597 SF 18TH FLOOR AREA: 14,550 SF _ _ _ _ _ EXISTING EASEMENT: PURPOSE - LEGAL DESCRIPTION ' III I L II, ELECTRICAL SUPPLY AND 6TH FLOOR AREA: 16,215 SF 19TH FLOOR AREA: 14,550 SF I I / . r> I I I I COMMUNICATIONS SYSTEMS. SEE CIVIL PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF • I +204.5''' • DRAWINGS ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81 , 7TH FLOOR AREA: 16,329 SF 20TH FLOOR AREA: 14 453 SF 11 / li PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF 8TH FLOOR AREA: 16,329 SF 21TH FLOOR AREA: 13,947 SF I I j NOTE: EASEMENTS CUTTING THROUGH SAID COUNTY. I I' I ' 0 THE SITES ARE TO BE ABANDONED. REFER 9TH FLOOR AREA: 16 329 SF 22ND FLOOR AREA: 13,045 SF I To CIVIL DRAWINGS EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL ' GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, 10TH FLOOR AREA: 16,329 SF 23RD FLOOR AREA: 12,645 SF I I ° ° o II • GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, • I a o THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT 11TH FLOOR AREA: 16 329 SF 24TH FLOOR AREA: 11 ,728 SF I I _ _ - _ +295' OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN I � `- _ _ - AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE 12TH FLOOR AREA: 16,329 SF 25TH FLOOR AREA: 11721 SF • RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH 13TH FLOOR AREA: 16,329 SF TOTAL. 391 158 SF EXISTING EASEMENT. PURPOSE SEWER OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH • I ¢ AND WATER. SEE CIVIL DRAWINGS WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER - - I i AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, PARKING STRUCTURE GROSS AREA: 115 828 SF = I�.I GUEST PARKING °°°°°°°° V� < +2g1.5' e NOTE: EASEMENTS CUTTING THROUGH RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR I, 2 SPACES) I • THE SITES ARE TO BE ABANDONED. REFER MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND LEVEL P1 - 60 259 SF TO CIVIL DRAWINGS _ IBM OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE ' OCMA ��" T P �, I� �_� IPL o OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED LEVEL P2 - 55,569 SF FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561 , OF OFFICIAL RECORDS. •� I r' 1� I / i -� -t-_ -_ JI • M F I GARA -tNGRESS/EGRES / i BUILDING CODE: CALIFORNIA BUILDING CODE 2013 TOTAL GROSS BUILDING AREA: 506,986 SF - • *NOTE: CBC 2016 & IBC 2015 CODES EFFECTIVE JAN. 01 ,2017 TOTAL PROPOSED FLOOR AREA: I I � +1a ' �9�F c + - - - TOTAL - - - - - - - FLOOR - - - 77 RESIDENTIAL BUILDING: 391 , 158 SF 175.4' TW L• 1sETBIIcK T �Ao ` � ��� v 34 0" REFER TO CIVIL DRAWINGS. o•. BUILDING TYPE OF CONSTRUCTION : FLOOR AREA RATIO: (4.5: 1 ) � yT 1 B DGS[20'-0" TRACK I �/ �-�° \� � � °` 0'-0' t'-C• P�STRUM OKREG - - � II IT-O" TYPE I A FULLY SPRINKLERED I - - T 17, 0„ NOTE. TOTAL ENCLOSED AREA OF ALL FLOORS PER PLANNED COMMUNITY l ! - TX GOVERNING AGENCY: LLJ DEVELOPMENT PLAN I _ PC 19 AMENDMENT I I' o a ' ( ) • _ MOTOR CO RT / / o `�' CITY OF NEWPORT BEACH a (SEEANING$) E , , 0 I • DRAWING$) - - +204.5 ZONE DWELLING UNITS BEDROOM I FIXTURE COUNT : ��� _ o • ( ) I � � T �! L2 AMENITY ROOF GARDEN Ji I EXISTING EASEMENT: PURPOSE - SEWER �+ ° 2 BR 13 BA 54 UNITS � � �-/, � � II (SEE LANDSCAPE DRAWINGS) II I AND WATER. SEE CIVIL DRAWINGS LOT ZONE GENERAL PLAN DESIGNATION 3 BR / 4 BA °°° _ _ _ _46 _U_N_ITS ° °O - NOTE: EASEMENTS CUTTING THROUGH ° °°°° THE SITES ARE TO BE ABANDONED. REFER Lot 1 of Huber Tract PC-19 San Joaquin Plaza TOTAL: 100 UNITS I j ° o �_ - a - - -I- TO CIVIL DRAWINGS APN: 442-261-05) °°°°°°° °° -� - -- - OPEN SPACE: MAIN EN NCE r / j �� n � _ • 188. ' TW PROPOSED ZONE - RM-100 PATH / - - - - - I REFER TO CIVIL DRAWINGS. REQUIRED - - - - - - - - - - -- - - - - TOOT - - - - - - - - - TOOT - - - - TOOT - - • � 14'-0" 24' LOT AREA AND LOT AREA COVERAGE COMMON OPEN SPACE 75 S.F. PER UNIT 7,500 SF Lot Area 86,924 sf 2.00 acre) COMMON INDOOR SPACE 500 S.F. 500 SF -CID w N CD w 12' 0 2 0' U) MI MUM 15' SETBACKS �, o Lot Coverage - 86,924 sf (2.00 acre) PRIVATE OPEN SPACE 30 S.F. PER 50% OF UNITS 1 ,500 SF z ��- m "PROPERTY Tower (30%) - 25,753 sf (0.59 acre) TOTAL REQUIRED: 99500 SF _ ' ' - ' - ' �!- �- N 2'° ' 31. ' P'� ' I�• PROPERTY LINE _7 - �_ I LINE Subterranean Garage (69%) - - - - - - - - - 60,259 sf (1 .38 acre) SITE EGRESS 7ESS - TOOT Subtotal - 86,012 sf (1 .97 acre) PROVIDED COMMON OPEN SPACE: 52,523 SF EXISTING EASEMENT: PURPOSE - I ADA COMPLIANT PEDESTRIAN REQUIRED PROPERTY PROP DRIVEWAY SETBACKS ELECTRICAL SUPPLY AND ACCESS LINE SETBACK COMMUNICATIONS SYSTEMS. PROP DRIVEWAY MONUMENT SIGNAGE GROUND LEVEL OUTDOOR AMENITIES - 44,365 SF VEHICULAR GATE CONTROL REQUIRED: LEVEL 2 OUTDOOR AMENITY ' NOTE: EASEMENTS CUTTING THROUGH POINT SAN CLEMENTE DR - 15 FT - 8 158 F TOCTHE SVILSARETOSEABANDONED. REFER SAN CLEMENTE DR. SIDE YARD - 5 FT TOTAL LANDSCAPING (10% MIN) - 17,587 SF REAR YARD - 5 FT TOTAL NON-LANDSCAPED SPACE - 34, 936 SF PROVIDED: SAN CLEMENTE DR - 25 FT COMMON INDOOR SPACE: 19,343 SF SIDE YARD - (MIN.) 10 FT GROUND LEVEL INDOOR AMENITY - 6,998 SF REAR YARD - 10 FT LEVEL 2 INDOOR AMENITY - 12,345 SF a HEIGHT Height District Per Blocks: 400,500,600 - Max. Height Allowed 295 FT PRIVATE OPEN SPACE: 219444 SF C + 0' ( ) g UNIT INSTANCES 50% MIN - 99 UNITS ( 20 Additional Height Allowance For Mech. Penthouse I Arch Features) - - ( ) - - TOTAL PROVIDED: 93,310 SF TRUE *NOTE: PROVIDED OPEN SPACE MAY CHANGE. THE PROJECT DESIGN WILL NORTH PROJECT Proposed Building Height. 291 .6 ft (Roof of Last Occupied Space) NORTH (25 Stories of Residential over 2 Levels of Parking) EXCEED THE REQUIREMENTS. 0' 20' 40' 80' 160' As Indica AO.1 OCMA SA MV 850 San Clemente Drive SITE PLAN & PROJECT SUMMARY WRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S UPDATED SHEET 1pt�6/2016 276-111/8" 276-111/8" 5'-0" 266-111/8" 5'-0" 5'-0" 266-111/8" 5-0" MIN 3ETE ACK MINET CK MIN SETE 1\CK MIN SETE 4CK 229'-9" MAINTENANCE 230'-3" S79021'58"E 275.94' PL PATH S79021'58"E 275.94' PL Y o H L J 5'S ° --1 N w L ❑ ❑ i OQ� ❑ ❑ ' w w _ _ _ _ B CK^ o _ _ MUM 5 SETBACK o - - MUM ETBA _ _ _�. _ _ _ - -_ - _ _ .�s - =o I I 8' 11112" � 8' 1111 " ' 8' 1111 " PRIVATE OPEN SPACE ( PRIVATE OPEN SPACE PRIVATE OPEN SPACE N_ UNIT•A j o / 200 SF 8 200 SF 8 UNIT TYP `. 200 SF 8' 11 112" ®Ll Ll1 _ I PRIVATE OPEN SPACE_ BA I = A PRIVATE OPEN SPACE 118 SF ��� PRIVATE OPEN SPACE 118 SF ��� PRIVATE OPEN SPAC � 93 SF o - - 54 SF UR T=B ' ;' PRIVATE OPEN SPACE ;UNIT TYPE: PRIVATE OPEN SPACE 93 SF PRIVATE OPEN SPAC \ ( I ADA COMP"L I 717 SF N I 54 SF r® o I r® \ I 2434 Sf \ ` i \ _� 0 - - PRIVATE OPEN SPACE 63 SF Y% + 4B & c UNITTYPEr ft; PRIVATE OPEN SPACE1T: Yes PRIVATE OPEN SPACE DA COMPLIAN ( 63 SF 00 Q) 0 S I 1 '•11112" 9 8'-11112" T F - PRIVATE OPEN SPACE m PRIVATE OPEN SPACE 63 SF 63 SF RIVATE OPEN S 1 ' 911 46-111/2" 1 '-911 " 200 SF - I PRIVATE OPEN SF ACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE 200 SF 63 SF 118 SF _ PRIVATE OPEN SPACE 118 SF PRIVATE OPEN SPACE PRIVATE OPEN SP CE 717 SF 200 SF I - I I L- — J LEVEL 1 LEVEL 2 LEVEL 3 (4-5 TYP.) LEVEL 6 LEVEL 7 (7-13 TYR) LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY COMMON - OUTDOOR SPACE COMMON - OUTDOOR SPACE COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (1-3-5) [ COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L6) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (1-7-13) Level Name Count Area Level Name Count Area Level Name Count Area COMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE Lx COMMON - INDOOR SPACE ® COMMON - INDOOR SPACE Level 3 UNIT - A 1 200 SF Level 6 UNIT - A 2 293 SF Level 7 UNIT - A 2 254 SF PRIVATE - OPEN SPACE PRIVATE - OPEN SPACE PRIVATE - OPEN SPACE Level 3 UNIT - B 1 118 SF Level 6 UNIT - B 1 717 SF ® Level 7 UNIT - B 1 118 SF Level 3 UNIT - C 1 63 SF PRIVATE - OPEN SPACE Level 6 UNIT - C 1 63 SF PRIVATE - OPEN SPACE Level 7 UNIT - C 1 63 SF Level 3 UNIT - D 2 182 SF Level 6 UNIT - D 2 780 SF Level 7 UNIT - D 2 182 SF Level 3 UNIT - E 1 200 SF Level 6 UNIT - E 2 293 SF Level 7 UNIT - E 2 254 SF 6 6 763 SF 8 8 2145 SF 8 8 871 SF DECKS COUNTED PER LEVEL: 0 DECKS COUNTED PER LEVEL: 0 DECKS COUNTED PER LEVEL: 5(3) = 15 DECKS COUNTED PER LEVEL: 5 DECKS COUNTED PER LEVEL: 5(7) = 35 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. I I I I 8' 1r 1112" 8' 1r 1 112" I 8' 11 112" 45'-11" SHEET - PRIVATE OPEN SPACE (1-3-25) I PRIVATE OPEN SPACE PRIVATE OPEN SPACE T, //LUN PRIVATE OPEN SPACE / PRIVATE OPEN SPACE 480 SF Level Area 200 SF -- T•' 200 SF UNIT•A /� '� I 200 SFS,; / I 8' 11 112" _ _ UNIT TYPE:2��FR/+ 3 A I A Level 3 763 SF TTYP :� PRIVATE OPEN SPACE_-- ADA COMP f PRIVATE OPEN SP ADA COMPLIANT: Y / ��- PRIVATE OPEN SPACE 118 SF '� SF/ ' ���- PRIVATE OPEN SPACE ?1 91-811 PRIVATE OPEN SPACE 9 8 118 SF � � � � � � I Level 4 763 SF - 54 SF 54 SF I 54 SF Level 5 763 SF IT • B Level 6 2145 SF PRIVATE OPEN SPACE PRIVATE OPEN SP/ICE PRIVATE OPEN SPLICE 54 SF 54 SF I t 54 SF I PRIVATE OPEN SPACE I Level 7 871 SF 375 SF Level 8 871 SF I I PRIVATE OPEN SPA E ; �' Level 9 811 SF SHEET A0.3 (DECK COUNT =73) 105 SFS '� ��* I �� Via, I 8' ill ° Level 10 871 SF PRIVATE OPEN SPACE �' �� Level 71 F �, , - UNIT-C <�` � � Lee 8 S i � 1 63 SF PRIVATE OPENS ffi NIT TYPE: : PRIVATE OPEN SPACE 63 SF TT 63 SF— Level 12 871 SF a ASA COMPLIANT Y,esj E �, D / = Level 13 871 SF fT TYPE: 3 BR+ 4 A A I,T TYPE 2 + BA Level 14 871 SF ADA COMPLIANT: Ye NT:Ye Level 15 1081 SF $33,$F , UNI • C Level 16 634 SF NIT TYPE 3 6 '+ Level 17 1710 SF - _ OA COMPLIANT: Yes Level 18 840 SF 1 _ 3S I Level 19 840 SIF OPEN SPACE PRIVATE OPEN PACE 63 SF 63 SF 4-11112" � Level 20 840 SF SHEET A0.4 (DECK COUNT =26) Level 21 596 SF C? I Level 22 1201 SF 1 '-911 ' 50 Level 23 842 SF R VATE OPEN SP CE P VATE OP N SP CE PR VATE OP N SP CE Level 24 1226 SF 200 SF 200 SF 1 200 SF I I Level 25 231 SF P IVATE OPEN SPACE PR VATE OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE I I hiEgq�UIRED PRIVATE OPEN SPACE = 21444 SF 63 SF 118 SF i 105 SF 118 SF I PRIVATE OPEN SPACE i 1,500 SF PROVIDED PRIVATE OPEN SPACE = 21,444 SF 375 SF I REQUIRED UNITS TO CONTAIN PRIVATE OPEN SPACE 40 INSTANCES I PROVIDED UNITS THAT CONTAIN PRIVATE OPEN SPAC994NSTANCES *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. LEVEL 14 LEVEL 15 LEVEL 16 LEVEL 17 LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (1_14) L COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (1_15) C COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L16) [ COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (1_17) Level Name Count Area Level Name Count Area Level Name Count Area Level Name Count Area COMMON - INDOOR SPACE - COMMON - INDOOR SPACE SOL] COMMON - INDOOR SPACE COMMON - INDOOR SPACE Level 14 UNIT - A 2 254 SF Level 15 UNIT - A 2 254 SF Level 16 UNIT - A 2 254 SF Level 17 UNIT - A 1 480 SF Level 14 UNIT - B 1 118 SF Level 15 UNIT - B 1 118 SF Level 16 UNIT - C 1 63 SF Level 17 UNIT - B 1 375 SF PRIVATE - OPEN SPACE Level 14 UNIT - C 1 63 SF PRIVATE - OPEN SPACE Level 15 UNIT - C 2 168 SF PRIVATE - OPEN SPACE Level 16 UNIT - D 1 63 SF PRIVATE - OPEN SPACE Level 17 UNIT - C 1 375 SF Level 14 UNIT - D 2 182 SF Level 15 UNIT - D 3 287 SF Level 16 UNIT - E 2 254 SF Level 17 UNIT - D 1 480 SF Level 14 UNIT - E 2 254 SF Level 15 UNIT - E 2 254 SF 6 6 634 SF 4 4 1710 SF 8 8 871 SF 10 10 1081 SF DECKS COUNTED PER LEVEL: 5 DECKS COUNTED PER LEVEL: 5 DECKS COUNTED PER LEVEL: 4 DECKS COUNTED PER LEVEL: 4 *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR *NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PROJECT TRUE NORTP NORTH 0' 30' 60' 120' 240' 1" = 30'-O" A03 OCMA SA 850 San Clemente Drive OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET 10r0/2016 13'-9112" 31'-1" T-6" _ PRIVATE OPEN SPACE T-6" PRIVATE OPEN SPACE011 „ - PRIVATE OPEN SPACE 9 011 � T PRIVATE OPEN SPACE 9'-011 11 45 SF • 45 SF • 48 SF 332 SF 11PRIVATE OPEN SPACES PRIVATE OPEN SPACE - PRIVATE OPEN SPACE 8' 1 /i — - :2 f�+36A 81111 + 3BAI OMPLIANT: Yes ;Yes 50 SF 50 SF 150 SF ' T,UNITa UNIT 11 PRIVATE OPEN PACE T'ADA C I PRIVATE OPEN PACE 3281 SF PRIVATE OPEN PACE PRIVATE OPEN SPACES 148 SF T PRIVATE OPEN SPACE; ���.� 375 SF "' �:� p 45 SF 375 SF M ��� 45 SF >��� � PRIVATE OPENS ACE 3 4- 11/2" I 44'- 1 I I SF 8' 11 1 " I T PRIVATE OPEN SPACE PRIVATE OPEN SPACE 119 SF - - `z� � � ,,�''' � 271 SF I A I 3A1 AI T: I I I I I BA I 3-9 1/2 I 13-9112 I I I I I I I PRIVATE OPEN SPACE PR VATE OPEN WAC I PRIVATE OPEN SPACE PRIVATE OPEN SPACE 271 SF 150 SF PRIVATE OPEN SPACE 119 SF 150 SF PR VATE OPEN SPACE PRIVATE OPEN SPACE 150 SF 375 SF I 375 SF I I I I I � I I I LEVEL 18 (19 TYP.) LEVEL 20 LEVEL 21 LEVEL 22 LEVEL 23 LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY CCOMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L18-19) [ COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L20) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L21) L COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L22) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L23) Level Name Count Area Level Name Count Area Level Name Count Area Level Name Count Area Level Name Count Area rCOMMON - INDOOR SPACE COMMON - INDOOR SPACE COMMON - INDOOR SPACE r COMMON - INDOOR SPACE COMMON - INDOOR SPACE Level 18 UNIT - A 1 45 SF Level 20 UNIT - A 1 45 SF Level 21 UNIT - A 1 148 SF Level 22 UNIT - A 2 481 SF Level 23 UNIT- A 1 150 SF Level 18 UNIT - B 1 375 SF Level 20 UNIT - B 1 375 SF Level 21 UNIT - B 1 150 SF Level 22 UNIT - B 1 119 SF Level 23 UNIT- B 2 543 SF PRIVATE - OPEN SPACE Level 18 UNIT - C 1 375 SF PRIVATE - OPEN SPACE Level 20 UNIT - C 1 375 SF III PRIVATE - OPEN SPACE Level 21 UNIT - C 1 150 SF PRIVATE - OPEN SPACE Level 22 UNIT - C 1 119 SF PRIVATE - OPEN SPACE Level 23 UNIT- C 1 150 SF Level 18 UNIT - D 1 45 SF Level 20 UNIT - D 1 45 SF Level 21 UNIT - D 1 148 SF Level 22 UNIT - D 2 481 SF 4 4 842 SF 4 4 840 SF 4 4 840 SF 4 4 596 SF 6 6 1201 SF DECKS COUNTED PER LEVEL: 4(2) = 8 DECKS COUNTED PER LEVEL: 4 DECKS COUNTED PER LEVEL: 4 DECKS COUNTED PER LEVEL: 4 DECKS COUNTED PER LEVEL: 3 `NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR `NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR "NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR `NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR 'NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. I SHEET - PRIVATE OPEN SPACE (1-3-25) Level Area I I I I Level 3 763 SF PRIVATE OPEN SPACE I I I Level 4 763 SF IT TY Level 5 763 SF 497 SF I ADA COMPLI, I I �2933 � Level 6 2145 SF ' I � , I Level 7 871 SF Level 8 871 SF Level 9 871 SF SHEET A0.3 (DECK COUNT = 73) Level 10 871 SF Level 11 871 SF Level 12 871 SF DECK I Level 13 871 SF I 6076 SF I Level 14 871 SF Ips I I Level 15 1081 SF BA I ���y o A I I Level 16 634 SF 6" S I + I Level 17 1710 SF - ------ I Level 18 840 SF Level 19 840 SF Level 20 840 SF 26DECK COUNT A0.4 SHEET = PRILevel 21 596 SF PRIVATE OPEN SPACE ( ) 231 SF PRIVATE OPEN SPACE I Level 22 1201 SF 231 SF I PR VATE OPEN SPACE Level 23 842 SF 497 SF I Level 24 1226 SF 1LeevvF Qel 25 231 S RERUIRED PRIVATE OPEN SPACE = 21444 SF 1,500 SF PROVIDED PRIVATE OPEN SPACE = 21,444 SF REQUIRED UNITS TO CONTAIN PRIVATE OPEN SPACE a0 INSTANCES PROVIDED UNITS THAT CONTAIN PRIVATE OPEN SPACENNSTANCES 'NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. LEVEL 24 - (LOWER LEVEL TOWNHOMES) LEVEL 25 - (UPPER LEVEL TOWNHOMES) ROOF LEVEL LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L24) COMMON - OUTDOOR SPACE SHEET - PRIVATE OPEN SPACE (L25) C COMMON - OUTDOOR SPACE Level Name Count Area Level Name Count Area COMMON - INDOOR SPACE © COMMON - INDOOR SPACE COMMON - INDOOR SPACE Level 24 UNIT - TH-A 1 497 SF Level 25 UNIT- TH-B 1 231 SF Level 24 UNIT - TH-B 1 231 SF 1 1 231 SF PRIVATE - OPEN SPACE Level 24 UNIT - TH-C 1 497 SF PRIVATE - OPEN SPACE PRIVATE - OPEN SPACE 3 3 1226 SF DECKS COUNTED PER LEVEL: 3 DECKS COUNTED PER LEVEL: 0 DECKS COUNTED PER LEVEL: 2 'NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR 'NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR "NOTE: DECKS TO BE COUNTED ONCE PER UNIT FOR PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PRIVATE OPEN SPACE REQUIRMENTS. PROJECT TRUE NORTH NORTH p 0' 30' 60' 120' 240' 1" = 30'-0" A0A OCMA 850 San Clemente Drive OPEN SPACE DIAGRAMS - PRIVATE OPEN SPACE WRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET 4W.,4/2016 I 0 m 276-111/8" 5'-0" 266-111/8" 5-0" T MIN SETBACK MIN SETE ACK 231'-10" MAINTENANCE S79021'58"E 275.94' PL Y 1 • • • • • • • • • � • • � • � • • • • • • • • • • • • • eo 1 , w - - � - - - - - - - - - - MINIMUM o °° 1 0 - - - _ _ --__ - - — :-_ _ _ _ ,— _ — — — — — — -- - TRANSFORMER -- ------ nTnTnT�� C nTn Z — ———— --- - ML fl ai — — - - - - - - A3.1 o, I NQ'RARKING �\ 3T-0112" +168.5 11 1 • I LL, N - _ +168.5 50' 1 114" 341-011 1 - - - - �- - - � � - OgI 1 I _ N o o o1s on HILLE GENE TOR RM. • D D �I - • II T 260.. 9' 6 " 4'- 1/ " - - - - - - o 56 L L • • I II - - - - - - " o ' w 013 014 015 020 rml ! L 26'0" _ rr _ REQUIRED FIRE TURNABOUT —_ _ R 4� • UNDERNEATH PODIUM AT LEVEL P1 STORAGE 1 -DRIVE AISL oz2 023 MECH./ELEC. SWITCH 83 S R \�.- o-� - -�20` -MIN. M N +168.5 - - 1, • 1 I f ESID NTIAL - - - - - RM o., • 19 0 34 8 ` ` ` o2a oz5 GREASE Ir ' I I � g ADA S ACE o 3159 SF I I `F ��� TYPICAL TURNING RADIUS _ _ _ - _ TERCEPTOR I \ / // • • _ G - RM I I _ II _ SP E _ - .� 13-0" I � 312 SF - - - - T - T • ORAGE W io 6"X6"X4'-0" PRE-CAST CONCRETE n 18-7" WHEEL STOP AT TANDEM STALL LOADING r; iv iv 1'-10.. N .- i 2'-4r' 1'-10" 693 SF + � 613 SF _ _ � �� _ - , • 168'-5" TANDEM TANDEM TANDEM ,m q 'sy� T� G MEASUREMENTS FROM MEAN SEA 3 I ,e � • LEVEL MSL LLI 5`P s / - - - -SE IC (EXIT CORRIDOR A" ' �' I - - y , �Ifrl _ 26 I MEASUREMENTS FROM GROUND LEVEL z z z ! j o Z STORAGE o - l 'o O MECH./ELEC. ��� • FINISH GRADE PLANE (FGP). 520 SF T T �o�po° $���RF �` _ TRAM RM ,` �� 441 SF 0 321 SF� R - 5'-1 1 co co 00T T RESID�NTIA / s°�e`F` 10' 9' 18'-01, / o I �ADAS ACE — 043 / � RGr • GP • / '�s` , ��` FIR 33' 9" 71' 11" �I /eoas MMAND o m I SL �� 7 > • _ � I \ _ - / I / / oat T `�� � ; y; T 559 SFLID III • ° M -13 6 PAINTED STALL 7l-6" T 0" 7'-6" 6"X6"X4'-0" PRE-CAST CONCRETE I T PARKING AREA '� �T /// SERVICE CQRRIDOq ! + I GP IDENTIFICATION (SEEWHEEL STOP AT SINGLE STALL 044 `- 1 173' 6" GARAGE PLANS) CLEAR CLEAR CLEAR N • 44454 SF 9�9 ' / / I L - - - ¢FU - - - � 1� < 6 � / FIRE GAS + SL 1 - - - _ I � 2'-011 ` 9 047 / 51 / PUMP RM. METERS 10'-0114" 20'-0" o L_J- L_J _ o� • 053 508 SF 313 SF • 3'-6 1/2" N MIN. 86 90 90 8-6 9- 9.0 86 9-0 0-, �6' \ � \ _r V rn n n n i n i n i n i� 1, i n n / / ce) —I w w 1'-10.. x' M — ' 4 ,/ / / � PL r a" 1'-10" PL s oso / �TIR2 EXIT PASSAGEWAY - - - 4"WIDE PAINT / 055 STRIPES (TYP.) • I A1.1-A 6H / 54-01/2 119 • 0 � 0 1 0 0 B �ca� 8 052 j / / _ Iz 026 028 030 032 034 036 038 040 �✓ter .:z I STANDARD STANDARD STANDARD I g i � III 111 � �,, J"` 6% j / � • • I `4 0� �� y, ✓ o5a c;. MECH. I a l = / as �' �' / STORAGE o o a / 2358 SF z z z COLUMN PER STRUCT. z DWGS. • 027 029 III o31 033 035 III 037 039 041 049 / a �` • 0 0 0 n I I II I I II I ✓ / 1 � � / - VAL ESS 34'-0" • ° 4 B q S TBA III III III - SIAIRIO IQAL . ' � I I I I I BLDG SETBACK I 057 061 065 069 073 077 081 085 089 093 097 104 114 1 8 1 2 126 130 134 I • I � 10' 0 201-0 4'-Ob PAINTED STALL �° - - - - - - IDENTIFICATION (SEE T-6" T-0" T-6 o - GARAGE PLANS) CLEAR CLEAR CLEAR I z �� I - 103 - ILI • a 056 06o 064 068 072 076 080 084 088 092 096 102 `a 2610" 113 117- T_ 1 1 125 129 133 15-10 w - - - RIV AISLE r w � • _ DRCIL OF STRIP TO END OF 5' 6' 6" 9' I)" 9' 8. 6.. 9' 9 On 8. 6.. �n 9' 0" 6' 6" 9' 0" / 0-0.. 9_�n 8. 6.. 9' On 9' 9' - < w I I o DRIVE AISLE CONDITION I 4 O 1 � 0 IN • MIN. 2 SLL im - 5 m � o • 9'-0"TYP. 8'_6"TYP. 9'_0"TYP. I - - - ! - - - - - - 4 - - - - - - �a Al 1 A o A1.1-A o 0' o f 2 TYPICAL PARKING STALL • j At1-A � z • 4 1/4., 1' 0„ 3'-6" 9' 0.. 9. 0.. 8. 8.. 9_ n 9i On 8. 8.. 0.. 9'-0" 18'-6" 9.011 9i_On 8.611 91.011 9.011 �i_611 9.011 n 9'-0" 8'-6n '9'_011 8' 11 9'-0" 7' 10" I ' POST MOUNT ACCESSIBLE PARKING •- ! r - I • IDENTIFICATION SIGNAGE SEE - DETAIL- I I J 058 062 066 070 074 078 082 086 090 094 098 100 105 107 109 111 115 119 123 127 13 135 II II PER PLAN SHEET - PARKING SCHEDULE FACE OF WALL OR STALL END _ _ _ _ _ _ _ _ _ _ _ • E�T• ` 'i 6"X6"X4'-0" PRE-CAST _ I � I I I 6"x6"x4'-0" PRE-CAST CONCRETE WHEEL STOP N �n r3l E I • Level Type Count CONCRETE WHEEL STOP AT SINGLE STALL � � � � � � � � � � � � � � � � 0 MAINT NAN E 059 063 II 067 071 075 079 083 087 091 095 099 101 106 108 110 112 116 120 124 L] 128 132 136 6 STANDARD PATH I 'I ;' I Level 1 Guest (ADA) - 9'-0" x 1T-0" 1 1 • Level 1 Guest (Primary) - 17'-0" x 8'-6" 9 4"WIDE PAINTED T-0' O.C.AT 45 • DEGREE ANGLE AT LOADING ZONE I Level 1 Guest (Primary) - 17'-0" x 9'-0" 2 WHITE BORDER T \ 4"WIDE PAINT 12 \ STRIPES (TYP.) z 1 • l; _ 1 ¢ • 2r° MAX ` M 1 II_ — o ,; I I I Y P1 Guest (Primary) - 17'-0" x 8'-6" 6 o Y I I MINIMUM 15 SETBA K �, . I v SLOPE o • T `V J • w P1 Guest (Primary) - 1T-0" x 9'10" 2 WHITE INTERNATIONAL \ , PAINTED STALL ,A w m P1 Residential (Primary) - 17-0 x 8-6 20 z SYMBOL OF ACCESSIBILITY ON GARAGE PLANS)IDENTIFICATION (SEE z 1 L P1 Residential (Primary) - 1T-0" x 9'-0" 38 A BLUE BACKGROUND 3 • • • • • • t • • • • • • • • • • • • • • • • • P1 Residential Tandem - 18'-0" x 8'-6" 35' Min 19 N79°22'07"W 231.92' PL (Tandem) ( ) 0'-3^ P1 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 39 4"WIDE PAINT STRIPES (TYP.) - N O DRIVE OF CONDIDTION T-0" 124 Z o PARKING i CLEAR T P2 Guest (Primary) - 1T-0" x 8'-6" 9 Cl) TT� L P2 Guest (Primary) - 1T-0" x 9'-0" 15 COLUMN PER GARAGE \ PLANS P2 Guest (Tandem) - 18'-0" x 9'-0" (35 Min) 6 36" w so. / W P2 Residential (Primary) - 17'-0" x 8'-6" 13 W P2 Residential (Primary) - 17'-0" x 9'-0" 29 "NO PARKING" w ¢ STENCILED IN WHITE c \ w P2 Residential (Tandem) - 18-0„ x 8-6„ (35 Min) 13 12” HIGH LETTERS w �,,T i � P2 Residential (Tandem) - 18'-0” x 9'-0" (35' Min) 29 ��. 5'-0" 0 8'-6"TYP. 114 EQ EQ '� TMIN250 250 TT PROJECT 0 - 1 b. 9'-0" 5'-0" TRUE NORTP 12'-0"AT VAN ACCESSIBLE STALL MIN. 1/4" = 1'-0' NORTF 3 TYPICAL ACCESSIBLE PARKING STALL- O TYPICAL SPACE - DEAD END CONDITION 0' 16' 32' 64' 128' As indicated A1.1-A OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL B1 CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET 1II /2016 I 0 275-11118" J 6-0" 266-111/8" 5-0" /J MIN SETE ACK MIN SETE ACK S79021'58"E 275.94' PL Y 1R • • • • • • • • • • • . . • • • • • . . . . • • 20 U-1 MINIMUM 5' SETBACKo _ o Z - — - — - - — - — - — - — - — - — - — - — - — - — - — -�— - — - — - — - — - — - — — j — 1 — z • — —— — — — — — — — — — — — — — �I • / 'I'7 I STORAGE STORAGE F__STORAGE 35'-0" 33-0112" I °'' • SHAFT 168 SF 254 SF 258 SF I • C? __ COOLING__- °? III III j a, -1 I I _ - M I FAN R 137 138 j j 139 j 140 j [14 1 j j 142 j 143 j 144 j N ILLE I II - ' — _ _1 • I �133SFI I I I I I I I `" I \ r - � • I 9.8 9'-0" 9- 2- 4 9-0 8-6 9 2- 4 9-0 8-6 9"10- 1 = 108-7114 Lu I _ vJ_i ' 145 146 I I'- I I • Of J I 147 148 --- MECH./ELEC. T T_ RM. 191.0" 34'-8" • I \ - 3940 SF I +� TYPICAL TURNING RADIUS. _ T J I • / — -T — •n I — —I _ j O I _ T 151 1 152 153 1 I j 'j — — — — — — — — • I ~a c I STORAGE — — — — — T A3.1 I • 6"X6"X4'-0" PRE-CAST CONCRETE fDfO `O WHEEL STOP AT TANDEM STALL m 155 I 2�4' N T-10" N 1'-10.. IN -I-�- 667 SF 15s � v TANDEM TANDEM TANDEM 157 �P': •. 69 89 !F I • i �6Q\, ♦ el \ s sI STORAGE o� • 26' 0" 532 SF 26' 0" zo j 158 / ' a�e1O o ! 0 0 24 MIN. I DRIVE AISLE - - 50 EO EOI - - • - - - / _� - FFA �° • T I I 175 /T- 'T a / 181 T PARKING AREA PAINTED STALL 6' 6'X4'-0" PRE-CAST CONCRETE w e° '� FIRE WATER BOOSTER • IDENTIFICATION SEE 7'-6" 7'-0" 7'-6" WHEEL STOP AT SINGLE STALL 9 / 177 / e ( • I j Sim _ � j 36491 SF \ p, 0 / \ o GARAGE PLANS) CLEAR CLEAR CLEAR – 4 }o ¢ _ – / / s�9 / TANK PUMP RM"2 z A1.1-B c`nN j_ ! \ \ / 180 / / 84 / \ 709 SF 39 SF N I 1 _ 15, 0" 8 6 0" r 9'-O" 8.6 y, O" 8' 6" 9' 0" 09 0, - - • co T� I — — / / 1 s6 r // r - - 28 2" 7-2 518 I • w / w 2'-`}" N 1'-10" N 1' 10n N in C7 n v tD ° – – – _ ° PL� U J 2Im �� / 1 3 / / / \ SERVICE CORRIDOR f� I PL – – – – ] – – – – ] – – – 4"WIDE PAINT c� – — – A1.1-B \/ �.ry / 188 ---- I - STRIPES (TYP.) • � / 185 Q159 61 163 165 167 j 169 171 173 Z CL STANDARD STANDARD STANDARD 15' r o I I I I • I Z / /179 e d 9/ `�`OO F��� '9p9 , '/\ 187/ / - ��\ O I • z z COLUMN PER STRUCT. I g g DWGS. • `I 160 j 162 164 j 166 j 168 jj 170 j 172 174 182 z / T • II VA6E S � 34'-0" - b ° B G S TBA K j III — - — STAIR LOCA ION BLDG SETBACK , 202 j 206 j j 210 j 214 j 218 j 222 226 j 230 237 `� 247 250 • o , ED 0 101.01, 201.0" 1144b a . PAINTED STALL 'ij 60w IDENTIFICATION (SEE 71-6" 7'-0" 7'-6" _ o STORAGE U GARAGE PLANS) CLEAR CLEAR CLEAR I �\ 236 `D 26' O" c> 4571 SF _ _ _ • I - = DRIVE AISLE I I I I "' • = I 189 ji 193 197 j 201 j 205 j j 209 j 213 j 217 j 221 225 j 229 1 - 235 — 246 I I _ � r I . I I I I I I I I I I I � I I I I _ � 1 I1 • CL OF STRIP TO END OF P P DRIVE AISLE CONDITION T / - 0 � 0 9-0 8-6 0 9-0 86 9-0 \ II • I MIN I 4 si L Ll N 1 Y 4 Sim I I I 9'-0"TYP. 8'-6"TYP. 9'-0"TYP. ' – A1� – N Z T - _ - - - Sim _ B 43' 10" 1 TYPICAL PARKING STALL. • � �I 0 o �I • 2 1/4" = 1' p" 3' 6" 9' 0.. 9. 0.. 8. 6.. o" 9' 0" 8' 6.. 0" 0.. 8h 8" 9. 0.. " 9'-0" 8'-6" 9.0 1 " 9'-0' 18'-$" 9� " . g'-0, 5.0" - - I 1 I MIN. rid - II • I ' t 191 195 F1 991 203207 211 j 215 219 223 j 227 j 231 j 233 j 238 240 242 244 248 I • Ta T V • r I o STORAGE � I SHEET - PARKING SCHEDULE 6"X6"X4'-0" PRE-CAST 19 n — J v I CONCRETE WHEEL STOP 1'-10" – – – N I 2183 SF AT SINGLE STALL 1 – • I _ 1 1 1 1 1 1 1 I • Level Type Count 1 I T 192 196 j'• r I 208jI 2jI I I I I III I I III 245 STANDARD I I 534" I I I • Level 1 Guest (ADA) - 9'-0" x 17'-0" est (Prima ) - 10 x 8'-6"200 22Level1 Gu91 ---- 1 I Level 1 Guest (Primary) - 17'1 x 9'-0" 2 4"WIDE PAINT Y 112 STRIPES (TYP.) 1 • — - — . . — . — . -- - MINIMUM _ JI • q f �� MINIMUM 15' SETBACK - P1 Guest (Primary) - 17'-0" x 8'-6" 6 PAINTED STALL q • J • LU C P1 Guest (Primary) - 17'1 x 9'-O" 2 � C° z GDARAGE PLANS (SEE P1 Residential (Primary) - 17'-0" '-6"-0" x 8 20 L • • • • • • • T i_ ? • • • • • • • • • • • • • • • • • P1 Residential (Primary) - 17'-0" x 9'-0" 38 N79022'07"W 231.92' PL P1 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 19 CL OF STRIP TO END OF DRIVE AISLE CONDITION T_0" P1 Residential (Tandem) - 18'-0" x 9'-0" (35' Min) 39 124 CLEAR I I _ L - P2 Guest (Primary) - 17'-0" x 8'-6" 9 P2 Guest (Primary) - 17'-0" x 9'-0" 15 �s 1 P2 Guest (Tandem) - 18'-0" x 9'-0" (35' Min) 6 o, Jj P2 Residential (Primary) - 17'-0" x 8'-6" 13 a I P2 Residential (Primary) - 17'-0" x 9'-0" 29 1 > P2 Residential (Tandem) - 18'-0" x 8'-6" (35' Min) 13 s o" ` J 8'-6"TYP. P2 Residential (Tandem) - 181 x 9'-0" (35' Min) 29 I� o MIN. 1 N 114 250 250 J _ PROJECT TRUE NORTH �, NORTF � TYPICALTURNAROUNDSPACE - DEAD END CONDITION. 0' 16' 32' 64' 128' As indicated A1•1_6 OCMA SA 850 San Clemente Drive FLOOR PLAN - LEVEL B2 CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET IDQ.r4/2016 276-111/8" 276-111/8" 5'-0" 266-111/8" 5'-0" 5'-0" 265-111/8" 5'-0" MIN SETE 4CK MIN SETE 4CK MIN SET CK MIN SETE 4CK 229'_9" MAINTENANCE 230'-3" S79°21'58"E 275.94' PL Y (DPATH S79°21'58"E 275.94' PL Y o w ° / M5'SE °° a w o w ❑ o w Z 1 Z Z a— d p aid �. J M a n c— - _ o _�— _ - - _ - M 5' - - - - - - - - - - - - - - - - - - • - -- — -- — — -- - - - - - — c�„ - - - - - e— LEVEL P1 GARAGE • - -. - - - - - - -- - - -- - - - - - - • a CD T 1 _ I FOOTPRINT ° ° ° ° ° I I I — - °— —_ - ` ,_.-•_ L"`._ i ,- O —�. 6 _. .O.• I • ' I ° D J� � O o O � ° ° 0° Oo • • I `- POTENTIAL REMOVAL ° ° I TRELLIS I I ° o ° o o p0000 —o— - (SEE LANDSCAPED WIN S) ° o - HATCH FOR CO( -- — M ° I - - - - - �. 1 TOWER$ - - , -_ -o. A3.1 000000 - I � _ 01) 00 ❑ I O `c. p0000 0 0 °°0 °pO '4 o Q - p REQUIRED FIRE TUR ABO T POOL • — - - - - ea -o Rao-o,. - - UNDERNEATH PODIUM AT - o AT -it -- LEVEL P1 • yy 1 GARDEN TERRACE - I IN - 31'-11" °0 o 0 -- - o© ° - M - - 6 0 TRELLIS o° ° ° °00000° o ° o° 0 MECH AI , (SEE LANDSCAPE DRAWINGS) - - I (SEE LEVEL P1 PLAN ) I I „ 905 SF �o. - ° - .. --: MIN. - °Opo 0 0 ° OGAR o °00000 ° °000 ° • II 0 O PRE-6F 6N TION , , I • • ,,IQ 610. ° °0000°° o Y596 SF °°p0000°° T DIN NG ' Q I 645 SF o o �T e I I • I I \1 o ° ° ° I I 111 LIBRARY CLUB °mos �0 0 `o - 316318” ®°p0000 °UQUV ° 0000 • I ' 71811 MECH TERRACE ROOM LOUNGE - + • SP + • I 1 I 820 SF ANTRINING _ I I FITNESS ELL S •o�� -- - TERRACE - I � � m CENTER CEN 0 � � I • • 0 0 297 SFS -71 M 1359 SF �1' - • I T 1902 ` / e POOLTERRACE \ , 233 SF vp�� \ R I I �_ (SEE LANDSCAPE DRAWINGS) - I 1 LIBRARY G �e �sr G - _ �.esr 1 840 SF O� °0000000 Y � TH . `f , d© q ° l u I I �. • :02 of a Q - • \' ♦ O� b o a o • III N 1 235 SF ° 1 • .9 a \ q • III - Ga >T`F s F? CONSYsRVATOR I• I I - - _ " •T`F� s� II MECH C E E L GI � ISI , � � �> �° 392 F KIDS V 23-11318 �' s .� 9, �� III I ❑ of ��` >>> I I I❑ I \' <o oe� 9> �` HOM31 SF ICE Ts s ' o z I poo o ° O�o°°00000°Oo �,� .D <� fir!' >> � - DOG 11 . III ( 00 0° c ,,,.,r °p00000000 ROOM �1bj �sr�+ N c > COO ° o ° y, HOME OFFICE N r I 24'-0" o o S o o / eoe SPA I a o o 0 0 0 0 695 SF eo°e 442 SF I8 AIN GARAGE ENTRYIE ° ° woe o 310 SF V • ° ° ° hh ooe I • I ° c °000000° �P 2$56 SF �\O� I °° ° 00 0 9 - °p0000° r. Q = . °°00000 00000 LOU SFE v oop / Xj V� 34'-11 114" ° 000 ° - �,�; HOME OFFICE 34' 5 14" _ Y U A. ti - iz- P CP zst to - ! - 6> p MANAGE OFFICE I I a - • I �o P 334 SF `D `o PL• ti , -� - �_ �_- - - �� 5t�9 B H � t�q tt P ` o' PL ` ` {�' PL o' I � �� I ' � 719 SF � - - � I � � � ° � � � � � - `�`, ME OFFIC ;r, I M M o • "' M m -- � �`. / USINESS CE 1 R • M o �� HOME OFFICE 001 _a I �`O ® � • 0 °� i °� • MEDIAS' n • � i e� P CKAG S BIKE RM. I� I HOME OFFICE _ VALET DROP'-OFF / �� 2 S 819 SF /`< ) 72 U � 4 SF 002 i I 9 0 06„ L & PICK-UF / _ 1 33 11518 - - � I .003 I � �� � A \ ���) � I \ \ a 10 1011 - Yo, _A v _ = 34'-O..I • o 34' • t B QS TB Ka 004 \� VALET ACG ADA PATH N LDG SETBACK B B °°° o°° LDG SE BACK -I � � ,yo'°O I I STAIR � � ° I I �' I e J �' 0' 0" 20' 0" 4' 0� I o a TERRACE 0'-0" 0'-0" 4'-0'i • 1 � I - c� ops 1 � I ^ T I I ® - _L o u° .,. R LOUNGE 00s L I ops - - 998 SF I I r I _ s 1 �� °°° 00 �_ 23'-4314" �' 36'-7114" r F 'IASURE ENTS F I M ROUN LE E 0 _ I NISH G DE PLAT (1-BID P • ,_ I I cq EO 009 V) 4 � 1 �o o Ln X o o 00� - - - - _ _ • -- TS • AN v- �_ � I I � °° X ¢ I "' ° ° MEASURE EN F M E SEA • y` /� I v1 .,� o 0 o z - w ° LE�/EL (MEL). I - ' Lu / I al o 010 � � a o - o o I - � �.'i.� �:� TO OF L2 SLAB II 17n o = w o ' Q Iz o I — (SEE LANDSCAPE DR NGS) / / Of °° MOTOR COURT I - Iia I or _ _ I • WI GS F ° - 011 \ Q I ~ F- l o W ' - o ( EE wl X o) o r r1 GARDEN TERRACE 17'-6,. vv v I Lu VALET I 0 LANDSCAPE DRAWINGS) � S S • Ii �ol _ _ _ I I o z o PARKING 012 I • I F w 204'-6 v w v 5495 SF °p i I- � N � I DOG RANDSCAPED AWI GS 6-C ° (SEE ) 6-0 6-0 - VEHICULAR GATE v o, I • I g ° rrl • I ° ° ° MINI MIN. 121'-0 CONTROL POINT _ _ _ J o _ZIW ° 080°o O rll _ o ° o X00 00 _ , L ° o0 0 ° -- 5 0 17 0 0 26-0 17-0 �� o o° - _ �- - � � � � �GP 1- i 0 0 p 0 o 20V'.0n • I I s O��I-.�0°0 6 ..� I o o . p00 J.. I ° � � o z MSL - ° • ° I NO PARKING • ° p° I MAI TEN NCE I _ r ---- ° TOb OF RAIL PAH — - - - - - - - � I • — - - �- - - o 0000000 - - --- T LIS • 0o RI L I - 3 4' 0" 240 I I o - o 3� � PUNTER 71 0 - L-- Z 0000 0 o Y o 0000 1 • I Q I U o o °Oo o a o • U \ o o °O° o 1N. 0 o I u_ — — - — — — — u-� — - - - - - — - — — " - — s A3.1 q w °�o o 36 o . o °° o° Y ° o - ° — ff° o °o ° -q �P MINIMUM 15' SETBACK °0000 o - o - - • Y Y I w I MINIMUM 15' SETBACK o 0000 v Y N tn ' ° c3 v 12 0 12 0 0 CD o m �' 0 0 a m C? c��n • � �.� I I ° ° � r' - _� ��. u m poo° z [0 w m °o,,__ , ° i, LL 9 - °°r ti �!s .,,a r � _� � • am • am • Mm • •� �• • X907" 23t- • P- • • • • • • • • �- N79b22'07" 231.92' �` P�-•-�-•_ •, • • • • • O LEVEL 1 �� _ `' ,S l � O LEVEL 2 -----1/1E T- " (EE LANDS SIGNAGE ) T MONUMENT SIGNAGE 1/16" = 1'-0" SEE LANDSCAPE DRAWINGS 1 1 _ ( DRAWINGS) SEE LANDSCAPE -SITE-EGKSS SI DRESS d ADA COMPLIANT PEDESTRIAN ACCES T 1 PROJECT TRUE NORTH NORTh p 1 0' 16' 32' 64' 128' 1/16" = 1'-0" A1.2 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 1 - 2 CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET M�JA/2016 276-111/8" 276-111/8" 5'-0" 266-111/8" 5'-0" 5'-0" 266-111/8" 5-0" MIN ET CK MIN ET CK MIN SET CK MIN SET CK S79021'58"E 275.94' PIL Y S79021'58"E 275.94' PIL Y a ��•-� 0-�A"� a 41M-4 -� • f4110W-46- � ♦ • -•-� • • •r r • • •. a s. • • • • • 111-� -• -•- - - _ - -•-� fes•-� f • • • • T • T • • U) r7 MUM5SETBACKo� 00Oo0 o00 p1 II• I I ° °o — ETBA p_ _ .W ` Z: � 00 , I I Z e o 4 - - - - - - - - - - -4 ° 17- 0 O 0 p00000000000 °')00 w I I • D °° � °0000000°° 0 I e °000oo ao o GG ° a ao I I 0 IL °0000 o 0 00 0 00000 0 0 00 p — I T I T 8'��1112" °°0000a°D ° �I • 8' 11112" °OD0000°° o° ° t • l_. -� - a o 0 0 0 0000 I A ti o °o o a o p��u,:, A .1 o 0 °000000 0 0 00 D , 4J/ �� 9 0 0 °')00000 0 �❑ o I 000°0°° T o 0 0 0° 000 0 °0 I o I °°000°° 0 0 0° 0°0 0 0 I r O °O o 0 0 0°00 °° o o • • I O °O o o O o 0%0°00 0°° o o • • -`- — + — 0 ��O��IIyy��--�� '' - – G a , - 0 0 0 " o ° ° 0 I 1 — — o — — f 0 0 0 0 0 o °0000°0°° o o e o op �.\ I �— 0 o°T_ °oo o 0 oo°° o o n o 1 ° or, o Qola� o DECK Q o °0°°00°°� 0000 ° I 0 000 ,0 °o o° G N DECK °0D°')o°\ °Opo I • I o Y' o 0 0 °o ° 200 S� - ,0 0 °p00000DO M I 811 200 SF ° ° pp 0 - q G°°00000OO°o °°poo °o° • oG 6' 1� 1/2�� ° UNIT TYPE. BR+ BA o o po D° ' I Q ADA COMPLIANT Yes o 0 0 I • o o ° o ° I • 1 ° ° - 2480 SF \ G G o • - -I Cp 4K \ 34 1" oo° °° I I ° 000C)" I -i b � ° 0000 71 9 318 I [ I 71' 9 318' 3 SFS I I • ° USI'!•B � I I • • �I I Qs, � � UNIT TYPE> I 1 1 ADA COMP P DECK - I _, 1953 SF - I 717 SF T I • �� ���^ �s VV / • — T ��n^ is I Q � � °')00000 1 y�. y� °')00000 0 0 • 0 0 7 I N �oL ?QF (T p G - ■J ° N �o �<F� 3 S • � � � � ° � °°° , DESF e� � � � ���� � �� • � � °o°oo �'�s DESF � UNI � e�.� x � � T 26'-0 � • Ono 5 sr T o0 0 ° g, ADAC MPLIANT' .ODQ- / I ° I p ° o o � s��419 o o Cp��� • o o T• 7- pQP�` • o O O O . 9 O O O �. O � ' °o') o °O 0000 °0000') I Q oo') ° °00 000 °0000° 4 34'-5114" j I o0 co W _ –:' ,1 <D u1 a0 m PLI PL N q' PLI cn - �' I pL M � • �I • Ali tJNIT• D .T� v I � I • ECK I r NIT TYPE:3 B + DECK X�DA COMPLIANT Yes —2OUF Fi X176 SF e • DE 18 11112 I 1 -1 DE T _18_11 1(2 1 SF � . Iansn.. I ,- = � - �_ SF , ;I I IV - 34- 1. - - - , 34'-0" B G S TBA i TB K m LDG SE BACK I B G S I 1 � , � � [I BLDG SETBACK , I • _ 0' 0" 20'-0" 4' Y-0" �0' 0" 4' OVA DECK' _ 1 DECK • I T 1 118 S� I • I 1 717 SF I I I • i 1 — - T 112' — 1 • • -I — — ') T — —4ET 141F2" 1f2 • o o o II ° e O OD O I I a O° O p� • • I III u I I • ° o° o \'• IIIIIII I o° ° \ 0 o • o 0 °oppOpo Q �I o 000 p0 ° _ °o i� 1 I a� � I- I - • • o°� o °O r - - T _ o e 0 0 1 _ ° - • O O O O I 0000000 — \ _L_. a °00000° II o • • ° o - --� - G - - - O - - - � - - - G p o I . Rz I ] I I - � � � � o o O ')°000 o I I i i �_ v� o 0000') •I ° - U 0 0° °°o cob 0 • �_ _ _ - �j 0 0 o DD00p n 00000 O 0 O Y 0 0 O Y - .. W 0 0 n o O O° I " T—C v o 7MINIMUM 15' SETBACK N o 0 0°000 m v - MINIMUM 15' SETBACK N `� _-� °0° o 0000')1°0° m _ o I o 0 o � _ e e e _ _ - °°O 000�Oo (� ��� .[Y] O O 1 4A3. e O A3. e G i �1 I i N79022'07"W 231.92' PL "'" 8 ♦ N79°22'07" 231.92' PL O LEVEL 3-5 (TYP.) O LEVEL 6 1/16" = 1'-0" 2 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTF 0' 16' 32' 64' 128' 1/16" = V-0" A1.3 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 3 - 6 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1DAg/2016 276-111/8" 276-111/8" 5'-0" 266-11118" 5'-0" 5-0"1 266-111/8" 5'-0" MIN SETE ACK MIN SETE 4CK MIN SETE ACK MIN SETE kCK S79021'58"E 275.94' PL Y S79021'58"E 275.94' PL Y a Ems•-� • •-� W �-�-� a !-•� -0 �� - F�-• ♦ 0 -•-� • • •i i • • •-� • • •-� ♦ �-•-� • ��-• � — _ - •-�� 0- El • • •-� , .. y ° ° _ ]MUM F SETBACK6 ° o ° ° w o w _ _ MUM 5',SETBACK` ° o ° o w Ua� a d e a 4 lL.a d . .�. ,�. .e -- .Esq .e �n e . Z Z - e ° - �' d. b. t,. .Lu� .e • e a e 8 e e c c e C7e m n a e • i• "` C7a a: n a e • I _ - o 0 o I o o 71 p o o °°00000°0 . I I °° $ ° o �°°°000°°° • ° I1 0 0 ° p O O M ,/ O D � °0000° T r '✓l, °000 00 00 ° 0 0 da ° I ° p o � I 00000 o a � 00 0 00 00 0 0 y e — n e i - --. - - -_ 3 1598112 �i X59'-8112"i, ° \ I T 8' 11 112" °o00000°° I • • I T 1 F-11 112" Io° a� °°000°° o ° o °00000 ° I A I ' I q 4 o o °00000 0° o o °o u u I q 11 I °° o °o 0 1 — v o 0 0 0 ° �' • _ o o — a 60 o 0 0 ° 00°00 °°° o ° I • •° — ° — - o o° o ° o °00 0°° o ° • ° �_ 00 ° p . ° - °O °p o . ° o 0000° o ° o o° c` DECK °0000 000° °000 o ° o 00000 o ° n L� °0 1 DECK 0°000 • I I o 0 0r : 200S� 0000000 • I ° ° 0000 , NO SF, 00°000° • 8'-11112"i °o - o° ° °a 2 T °°°0° °°° I I I o ° 81-11112 o °o °0c''. I p ° ° I I ° ° - ,filo_ � � 0 p o :' I :.: • ,• i — 0 000 N - _ n, o O - • T — — — X60° N IIS DECK � - ° o e DECK 9 0 G O - - ♦ a 0 O 0 118 SF �3 000 ° 0000 ° 1 0 118 SF 000 ° 0000 ° 1 EC v 1 �• � I N\�\Nffl� 24 ' 1 81' 93/8" 1 1 1 81'19 318" UNIT B I � I I • • T T� I 1 • 1953 SOMPLIANT Yes / I 1 • I � � 1 T ���� /�� � ♦ �ti T_ 1 I1 � � � 1 M � ����, v �v�� _ � I I1 • ll�. ♦ 1 o 54 00°0000 i . 5q. oy 0000000 1 00 ! O� / O O • • I i OP O O I • O°�� '. .� .cip� �' � o o° i � I Op@P ` T,.�•" 'j?F i � o o o • e T F _ . � � 4 SF • I ° ° DEgF �,' ,P� \ 1 I1 • • I I ° 0 a' T °°°0° SF o ��� 1 I1 • s T 1 1 DE e, � ;2 Q 000 0 ° q, A COMPLIANT: AS �� e 0 ° � � °0 ° ° ° ° ° T aT °0000 ° °00°0° \ I ° °0ono° - ¢v 34'-5 /4" I I I 000 ° T 34'-5 1/4" • m I (. 'I~ ~ •,,, e 6 v eo cD I�; - 1 1 I� W PL cn PL `� rn PL V) PL rn M r I - — ECK I I - - DECK 1 I 200 SF DE a 18' 11 112" ] DE 18'-11 112" o .v v I - �. 34- 1 • w v � _ 34- • 0 0 _J_! I_ O 00 0 °n 0SETBACKO B G S TBA K LD B G S TBA K LDG SE BACK G �-r DECK DECK E j t � I I I � I ° 0' 0" 0' 0" 4' 0'i i uo T = 0' 0" 0' 0" -06 • I p 118_SF 1 • I p c 118 - - I • 1 10' 9112" �I I �� I 10'-9112' • I 1 I I I I 0 0 — — — — I I ° I ° I ` ° ° I I 1 —I1� o ° a rT-1 F o ° o 1 TT ° o ° �1 I ° T T� TLj °° ° • I � -_ °° ° • I I I I _ • r � I - � TI o — ° o ° — ° — ` ° 0 ° 0 0 ° 7 00 00° � ' ' ° 00 °oog°o0 � � � •— II 0080 � • ° • ° ° • e �� 0 0 . �, 0 0 00 °000000 °0000°° ,b e ,J� 1_.. J �♦! 1.. y L. . . ���I� 000 - o • T T L l 1 -� - ° a Y 0 0 000 0000000 Z � I I 0o JIo 0 - O - O 0 0 ° • PA MINIMUM 15' SETBACK q ~ p0° °°O o° o Y — - - T T N Q 0 O ° I Q v M I M15'.SETBACK N U °0 °p0° o ° °'f °000000°° r — Ln V7 0 0°000 U Y - -G C1 0 m U' _ o m o o • w - • t o oo o m w _v_ m 00 C to - i.. - l.- ° �., m o° o T co b 00000 z 7 .,:_ ,. 0no2o r Z o- t — A3. y_ +ieo • • • • • • • •ate • • • • . `. - I ��-� • • • • • • • • -� • •. • • • N79 22'07"W 231.92' PL _ s eo N79°22'07"W 231.92' PL O LEVEL 7-13 (TYP.) O LEVEL 14 1/16" = 1'-0" 2 1/16" = T-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 1 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTF O' 16' 32' 64' 128' 1/16" = V-0" A1.4 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 7 - 14 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1DPI31/2016 276-111/8" 276-111/8" 5'-0" 266-11118" 5'-0" 5'-0" 266-111/8" 5'-0" MIN ET CK MIN ET CK MIN SETO ACK MIN SETE %CK Y S79021'58"E 275.94' PL Y Y S79°21'58"E 275.94' PL Y U Y U U Y U -a Ems•-� 0-�f111111111110 ♦ -•-� !-•� �� - F�-•--� ♦ -•-� • "• •i-� i = - • • • 0 •-'�-•� •- !-•� • ��� -• -•- •-f •-� • • • • • •.. • � • • _ I� ° ° IMUM 5'SETBACK6 ° o ° ° w o w ° ° ° IMUM 5',SETBACKA ° o ° w bJ e 1.9� .�. p. /1 4 C �L .W s� .° n e . ., ,, �� L r 4 a a." .W .a —d a uJ z o a ' — o ' U z z U3 a 1 z • a e ° o e ° d a - e (.7d m n a e • • a e Q d 4 d ° e m a a e • ---f — - - ° - - - - - - _ _ — _ — _ _ — I71 o 0 o I o o 0 I ° 4 0T o O o °°°°°°°°° II I ° o �j o 0 0 °°°°Op°°° • na o 00 0000°° OT °000 00 0 o 'L� Ma a o °000°° 1r O000o o0 0 0 _ l y la o o 0 00 • Io 00 0° ° ° } I • 00000 00 0 0000° 0 0 00 ° III - - ° ° I I I I o ° I I I o., I 18' 1 112" 000000p°° o o I I • I I 8'-11 112" 000000°°0 0 o I 1 • o o °0000 0 0 00 0 . �4A 9 0 00000000 0 0 0 0 0000 A o °o0 0 ° ��u ,. A� 1 / �c d I °00000° o 0 0 o°O° 000 o °o I I a I I °00000° - o o a o 0°0 0 0 0 0 0 0 0 0 • — ° ° — o 0 0 " o °00 0°° o o • •� — — o — o — 0 0 0 0 0 °oo o°° o o • _ + o o I o _ 0 0 0 0 o I _ o _ � a ° 00 O° o o p —� 0 1 00 CP o 0� _ °0°000° o e ° o . o - _ oo o 0 oo° ° "TO o° Oo o o BECK °00op000° °000 ° ��I I I ° o 0000° o°o o p DECK °0000000° °000 • I I o o °°0000° 1' ao 200 SF o000000OO • I I o o °°000°° co 200 SF- 0 °00000°°O o 0 8-11 1/2 0° °o �L T o°°op °Oo I o o BR+ ,BAS o o °opo °00 o 0 0 0 ■ I o PLIANT Yes • I — —I °�° aaa°°° +F , tdDsaaa000 1ECK 00000 ° I -I -I �� �EC I• • -I �� EC • I' 81-9 3/8 81-9 318 - - 4 SF � 4 SFS 10 0" I I I I I I I UNIT - B I I II • \ _ • I � • I I � UNIT TYPE. / ADA WIVI T / 1976 SF °0°° i I y� °°000 ° � ``� 000° I �o', o o°0 • I � �105S F � � � • I I F sF � oo ' � DEC . , . .. o ,� �. __ � I �� I • � - DE � � a � � � �� � .� I • ° SF UP�t o ,ate • I ° °° 000 ° o° o T' �6, ` ADACONIPL�ANT: Ps ��7 000 ° o° o 9�, o� �/ • c s� 292 SF. O ° ° s I ISI ° o ° o • ° O° ° O 000 9 l �I 9 I • 00 ° C'00000 s °°p ° °000 ° 000 �- 34' 5 /4" I U . °po ° I 34'-5114" 30 • (. . . -I r � m � V <D W � 1� PLI I r I PL a' PLI u' ., IPL II � F II I I zI .z I • I I • N ECK ECKco I - - II SF • DE 18'-111/2" I • ��' pE��� \ 18'-11112" 1CC" SF I . • 11, 9 SF 11 34'-0" • - J ._ - ° - - O ,;� B G S TBA K � l� 1 � I _ ° '°�� _� LDG SE BACK �I B G B - I � - ° ° � �; 6LDG SETBACK I T rT4_ DECK i--- - a 9D5�F 118 S 0' 0" -0" ' ' 10'-0" 20'-0' 4'-0'i� °O 000 5112 1OA 112" l �� II - I - - - - - - ° o rr l r /moo II�Ti o �TTIr • �3 T�T� ° � V �I • l I 'I IT Esq — — • ,I — — III • O 0 0 I o O ° O CO O CO C A. Ti ° f O D • n o 0 I T — --r O°000 00°° _L-. a I 0°0 °00° - • I • 1 J TT i1 I 00000 1 J �. I \ U o 000000 o o T - �{ r 0 0000 •� _E[EI — - Q o O O p • — _ O o v 00 0 O �' . . O . . - - - ire O. .° ~ PA MINIMUM 15' SETBACK N O °x°00. - i o ° - - m v MINIMUM 15' SETBACK o ° - Y o ° 0 0 0 o Y Y �o cn o 0 00000 v Y - o � s o o U 0 ° ° o _ _ _ C] a o o m IpI�II 1 0 00 LU 9 000 c!) l_ '� � • � • � • � • � • � • � z j � � m Cn °°0000 z A3. _ N79 22'07"W 231.92' PL A3 N +,ao - - 79°22'07"W 231.92' PL LEVEL 16 LEVEL 15 � 1/16" = 1'-0" 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTI- 0' 16' 32' 64' 128' 1/16" = 1'-0" A1.5 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 15 - 16 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1]1114/2016 276-111/8" 276-111/8" 5'-0" 266-111/8" 5'-0" 5-0"1 266-111/8" 5'-0" MIN SETE ACK MIN SETE 4CK MIN SETEACK MIN SETE 4CK S79021'58"E 275.94' PL Y S79021'58"E 275.94' PL Y Ne a Ems•-� ��f� -•-� !-•� �� - Fes-• � ♦ 0 • � 0_� -0 �•- C.7 e m eL - • -•° • � - -- • MUM 5' ETA6 e r7 UM 5' ETAK ° • Jn w° S° fd . -Td. -W� - (n O 1r ° Z 0 0 1 III I - 0 0 C-3;u�i o ° o °00000000 o I I o ° o T o 0 p00o 0000 O° O o ° o I n O ° o ° 0 000° - fj{ oo ° ° O r I • ° o O 000 71 �./ �- Opo 00 0 o ® I I ° o O 000 = .T T °00 00 a o f U01 0 0 3p o 0 0 0 o O 11� 00000 o a 00 0 00 00 0 0 — I I — — '149-8 0 0 1 ° ° I W °° °0D0 5El0000000 o° ° I • • I T 149' 8112" 00000 o° I 1 • o° °°o p o 0 0 0 000 I A I r o° 00 0 0 0 0 0 OOP I A °0000 0 0 0° D I III I ° ° ° °o°o0 0 0 0 ° + o poop° o o °°O O o ° 00000 ) o 0 00 000 o O 0 ° 0 0 0 0°0 0 O p o 0 Deo 0 0 000 0 0 ° • — + o o — — 0 0 0 ° ° °° DO o o I • - • 1 — — — o — ° — — a o o ° ° °0 0° o ° o ° 00 ° Gyn O°000000°0 0 o e o °° �.\ I , o ° 00CO 00000000°0 O O e o ° o I'� 480 SF O lho ° D°000000° °000 ° I ° 00000 0 0 ° _ °0o0000p° • I o O °00000° o _ 000000000 I. • I o o °000000 o - °00000000 o ..,.,-r 00 0 0 00 d o 0 0 0 o 00 °Oo .• I 00 p0 � �''� o 0 0 0 0 0 — 00 000 _doh �. 00 � o o I I • ossa 9' 8" 24 1. :�� °00000 ° o° I I TT, °0000° °� I ° _ 9 8 < 24' 1' ° 0000 +I • • I UNIT-A V ° DOop +I • \ I I U IT TYPE 2 BR+ 3 81-19 318 I 'I I ' I DA CO PLIA T Y 11 I M 8 9318 I I I I I 86 S .. — — — — — — — — — - ECK- • I I M �75 SF .�� I • • I I x' 75 SF �� • 00000 i , I e I �� 00000 , r , q O°00 D° O ��}� � � � V O Op 0 0 I I �O� � _.. � 0 0 o I I I �O� � o ° � • O o o • � � 8' 11 112'' S� C e I I I I • � e I ' '�i,v�✓ �4'11 11 ' I I • • I m TyF • I � F � F(�- I Sy �(� �� 000g • � � � °00000 Oe/-�� -��/� �� �Q i � • ° ° V N p0 ��G �� � � �� �� • p ° ° I I p Off° O 0 5 ? ° °� a o ape'°�� � NI •D � 4 � D ° � � \ ��ao�. 45 I I I ' I I • • ° o ° ° S ° ;UNIT TYPE: 2 B + 3 BA I ° o ° ° 5 ° o � ° °0°opo 0 0 °000000 \ \ DACOMPLIAN F: Ye - ° °°0000 p ° °000000 T IY Q Ls� 000 - 2449 S� �Ir DECK 34' 5 14" F� I 00 T ca 480 SF I p - < 114" rt �� • ~ I 1 ., -: _ -: [ -�_I-~I 1- ti I- ti T rn v cin • I \ ,: rn _ tton PLI " Y' I PL a' �' PLI �' _ C _ _� L_L�_L _ �_ i �� �t� I PLLU i \4- 1 101-0' I I \ • I '� � illi • I � II • I \ _ I I I • I I 1vv" - -� � i 34'" " • - r"r", I T .�) 34'- " � • B G S TBA ° 00 LDG SE BACK B G SETBA K ° K � � I — — _� I I pp Do� v � � , T °°° � °p°°� ` � JLDG SE BACK I� — - 0'-0" 0' 0" 14'-0'i \i DECK DEC • I ° o ��' T-_ 3.75 — — • I ° o �' 375 F - — — © � 0'-0" 0'-0" 4'-Ort T I T ° II — ° — I e 35' 35 5 • � I � • � I I r I I � • 1 I � I o - o d - FT-1 T ° o J I 1 7TT7-C °° o • _ °° o ,�1 • .IIOp00 IITI�I LI , p0 I • I I T °oaf° o � - o 00 o p 00 I ° ° r ° ° ' ; I °00000° ---� TV I II • r I I / 0000000 / °p °poo a °D I� 00 ° 0 00 , IIy■■ 000 o 0 0 0 0 ° o illi O o o ° o I • - 1�= - _ Com" I - � PA - � o o ° X00 0 00 Y J MINIMUM 15 SETBACK o °00000° o ° °°Ooo01o°°� ¢ Y — -- I' M I M 15' SETBACK � � _ V o 000 0 ' ° ' o _1l °00opo°� - — - U 0° 1 0 O o m - " ° iz" Uj I T- I J 00 1 0 ° O • o m I IUj -�� 000°0 � II I I � '� � � • m °0°0000 - cn I - I I I J v m � ° � � _ .._.. -Iso • • • • • • • • •'ate • • • • • • • • • • • • • --- • • • z tr z 480 N79022'07"W 231.92 PL N79022'07"W 231.92' PL SHEET - Level 18-19 (4BR) LEVEL 17 1/16" = 1'-0" 1 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 1 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTH 0' 16' 32' 64' 128' 1/16" = 1'-0" A1.6 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 17 - 19 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1IDtM/2016 276-111/8" 276-111/8" 5'-0" 266-111/8" 5'-0" 5'.0" 266-111/8" 5'.0" MIN SETE ACK MIN SETE 4CK MIN SETCK MIN SETE %CK Y S79021'58"E 275.94' PL Y Y S79021'58"E 275.94' PL Y U Y U U I U o — -a Ems•—� 0—�fIIIIIIIIIIIIII0 ♦ 41111111111111111 • F4110W-40I OF • 7r) r • SEND � • � • � —•—� • OVER � — � o_ F- Ji p ]MUM 5SETBACK6 (n E ° Z_ Z ; III MUM ' W Z • ° a ° d Jn ° ° a (.7 n m n a • • e - C.7 a m' n n • I I ° o o I I — — ° o o co ° ° ° II ° o °°°°OOOpO I . • I I ° o 00 o a a . � ° o �O°°000000cls � —° ° °o 0 00000°° r _ °°000 00 0o °0000° r °°p0 0 0 0 �0 0 0 0 0 0 0 I• la o o M' ° o _ I� a o o ° o° I • 00000 ° o 00 0 I 00000 o a 00 0 � I - — - -IN I I T ° I 11 I T o I II 1 � 000000° � • I• � �I 0000000 0 1 • ° o o u o 0 0 ° o 0 0 000 I A I ° ° o 0 0 °oo I A To 000°00° o o Oo o ii n\I o °0 0o°000p o o Oo 0 00000 o 0 0 °°O o 01 I e I 00000 `�^�-" _ o o ° ° o ° e 0 O -�. o o �QQI 0 ° �-d o 0 0 0 0 0 ° ° o o°0 O o O °O o o p O°00 °° o • • — — o ° — - - — o o ° " ° °0 0° o o I • • 1 — — — o o 7 °0 O o ° o + � �2n-� I o a �° o� °000000 0 0� ° o 15 ° 1 °000000 ip 1 Loo 00 ° O 0000000 °O 0° ° � I ° 0°0 0 OC °000000°° O °p 0 • I I o °°0000° = o ° 0000° • I I o °000 , -012' - - 00000000° • a DE�iI� 0 0 000 0. o 4 o o I o 148 SF g o° o0 —I °-Oasaao°� I _ ' 24'-1 °00000 ° I DECK 8.11 112" T IT I O I N p O O I 000 III ° 00 I I• I "o� 150 SF ° 000 ° 91'-9 3/8" \ • 91'-9 318" - I • I � I � T � I II • • "I I I 10-I� , � T 1 - TT _ 4 T • I I }375 SFI` T PST I • • I I T T �� �T 1 00000 ° I 0 I . I I I "' y�. ,� � °000000 I I I °o��°�� v T,RF o � I� • � I I I � � � � �o����°� '` �� •aF � � � I 8'-111/2" 1 9 � ' �p `O L C i'• � TBRE Q00000, � C • I 0 p0 T o ��, 0 ` a� DE K ° o ° 0 0 0 �- oQ / �T� 45 S NI ' I • - I n oo T. ?�� V • I V oTYPE: 2 B + 3 BA I • I" ° o ° ° ° s ° °°000000 T,�- T °000000 DACOMPLIAN : Yes II I ° 00000oo0 0 0°00000 i �� Q I ° 441-5 1/4" Q I o o ° < 1� I 0 441-5114" N _ �� L ° • W � I` �� � • W I -I e I � - - - L PLu L PL cn rn N - - rn I` _I P - L� I � I _ P I � � �L ` N M • � I Irk "' I • r 10'-0" I . � I . I anarn �n�n�� I - - - DECK " - 34- • 150 SF o 34 • e 0 00 II B G S TBA K _ °° °° LDG SE BACK B G SETBA K N DEC I h o a o 0, 0.. 010.1 4' Oi • I � 375 _ 0'.0., 0 01-011 4' 0'i • I 1 ud TT 13 9112 � J — _ I I . .. -- °O 000 I -- o o 35'-5" I I II I no I ° T I I I • � � I I II � � � I I I I • o o I °° ° IIII — • ° _ • � °on T ° . c L • o • °0000°° ' I I I I I 1 g Z \ \ O O I 00000o a • . — - _ Com- . O O. O • . 1 - - ". - - . O O. p r I Yr J T PA MINIMUM 15' SETBACK o °00000° o o ° 000000 001P ¢ Y - r T M1N1 M 15' SETBACK N °op , o° o o °°o°oop0°° CD o o • w _ 1i� o ° �n w - °00°000 ° `— Z - 7 � - '. . .. I m °0On 000 ° � Z co A3. C L1- +i eo • � • • • • � • � • � •ate • 4 • • 4 • ? • • � • � • • • • � • -� ! • • • WV22'07"W 231.92' PL _ • eo - --♦-- N79°22'07"W 231.92' PL LEVEL 21 O LEVEL 1' 2 1/16" = V-0" 1 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE EIR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony EIR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 1 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTF 0' 16' 32' 64' 128' 1/16" = 1'-0" A1.7 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 20 - 21 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1DtU/2016 276-111/8" 276-111/8" 5'-0" 266-11118" 5'-0" 5-0" 266-111/8" 5-0" MIN ET CK MIN SETE 4CK MIN SETE40K MIN SETE 4CK S79021'58"E 275.94' PL Y S79021'58"E 275.94' PL Y 0- !7 07) LU IM _ •° - l BACKp1:1 El CP o LI 5SETBACK6 MMUM SSETco 4 CD o° I ° —° _ _ _ _ 1 -•I WZ_ I I ° o °00000000 I I ° o ° °00000000 0 0 II • — US.00000° 0 - 0 0 °°OO r 00 o0 0 0 I o 0 000 00 0 0 0 0 _ ° ° � i I • 00000 ° ° �I cc 0 I .I 800000. — — o o 00 0 ° ED ° 0000000 ° ° I I • • I �12 - 1 °000000 o I • °00000°o 0 0 00 0 ° o 0 0 0 °0p000000 0 0 °00 ° o I ° 0 0 000 I A I I I o 000 `I A °o ° 0 00 °° o ° I • • — — — ° c - — — 000000 ° ° ° 0 °o ° o ° • ° i °o o° a o o . 0 -I I o °0 I 0 ,00 0 31-1 °000000 0 ° o � g �� o 0 0°000°° 0 0o00o o ° o o° o o I o 0000° o 0 00 q o 0 ° °000000 00 0 ° o o ° 9' 0 112" p 00000 • • I I o 0 0 - I DEC�( 000000° w • I I o o 00000 0000000 d o 0 0 0 0 0 0 332 8"F ° I I p I o ° °°00 °°°° I O • I " ° _ O O ° . i I • I O° °O O O ° I • O a I DECK I °00000 o I - I ' e I DECK °00000 ooclo 0o rn ° 0C 1 rn 0000 i M I I M 150 SF I 150 S I • • 91-9318 I 91-9318 I I 4 • I I �� I 000° 00 o T sc ` sc UNIT — • oo M 0°00000 UNIT TYPE s`,� T I • • I oo °°00000 71 SF `.� T • T a P I E s s T o ° � C ADA COMPLIA S r o0 o a r 0° � 8-11 11 /� o ° o T oSF \ S> 3317 SF �. QOQ ] I I I 0 ° L ° o 0 v I U °o0 0 0 0 '�/,: �� � A 441-5114 I =� v I o0 0 °0000 TTYPE 36,E v I co . V 54'-511 U . a I� �T I ADA t3,MJ�PLIAN • W _I _I - r -' - "� _ _ • - - _ _ - a s It I - - -_�_ _ 301 s s �� 20 CIDW I - - _ - _ - - --i T W rn v co I H -I P — N ti PL DEC 'f I PL q' PL I I I 332IF �� � �,I v 7 w , • I I II • I T I 1- • 14'-5.. II I I I �r 119 SF DECK I I ,o.°„ I 271 SF DECK I o ' 150 SF B G S TBA o _ - � • 10'0' 34- • 150 SF o, LDG SE BACK K � LDG SE BACK �I B G SETBA K • I I _ _ -- 0 0 0 0 4' 0'i I - T 13' 9112" I I I T 13'-9112" , � " � ° o 0o - o 0o (01 ° I I I � I 1 ° o Ili - o ttt y � I 000 �ITL I • I 000 ' ,\ � • 0 o i i � '� o �V cD • — — - ` o ° T ,`` _ _ _ °0000 — ° ° + —r i I o o ° o ° _-I . -� - i- ice. 1' o o f \ 0 I T • ° o o °o i_n r`...- _ _ -Y1-;'- L_1�-. _rl r---�� -',�.- T o J • ° ° o0p °o° ° N o o III I o 0 0 0 0 ° 1 I i. . 0 0 0 00 ° T °°°°°°° °°° r T n(D LI T � I - 1 i - � 1 � 1 �u�- moo a .J. .✓_, i J i� I .Lam. i - ����I� � � � 0° °a � � � � � I � � �. .� � � � � � � O° ° ° - ° _ f - 1 1 1 ,y✓ o _ vI, j ' e I -� — ❑ � 0 00000 o I I _ 0 0000° � o MINIMUM 15' SETBACK o �o oo° c ° o o°O000io°°° v -L — 5 ETBA � o ° ° °°000010°� v A M I M1 ' S CK o m W R3. J O WCIO ° I I z 1 °°°000A3. ` trG o � °0000 _ ° �G � 49-4111111111111111, N79 2207'W 231.92' PL N79022'07"W 231.92' PL Lj 'LO LEVEL 23 LEVEL 22 2 1/16" = 1'-0" 1/16 = 1l'-O" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 1 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45 SF 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTI- /� p 0' 16' 32' 64' 128' 1/16" = 1'-0" /"'11.0 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 22 - 23 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1041/2016 279-11118" 276-111/8" 5'-0" 266-111/8" 5'-0" 6-0" 266-111/8" 5-0" MIN SET CK MIN ET CK MIN ET CK MIN SET CK I S79021'58"E 275.94' PL Y � ; S79°21'58"E 275.94' PL YNe NEED 0 MEMO 0 NEED ENDS` 0 SEND-0�om 0- NEED a NEED a NEED a NEED -0 W ° MUM 5'SETBACK, ° o ° ❑ t� ,� o w o d a o w � I � O000O I • ICn ° o o o 0 0 00°0000pO • I I O °o 0 0 o • I I ° ---C o °0 00 i. S 0 0 } v0 5! 0 0 0 0 o o O O O° q O o O • °000000 °°000 DO o o I II °ja o 0 0000°° ���J» �C °000 002 0 MRTIO"- A d°0000 o 00 ° e. 00000 D o� ° 0o ° ° ° 00000d Doo .. "i t" C o °°0000000 °00oO° ° ' ° O °°0000000 00 00 °O O' o 0 0 0 °°o0 L I I o 0 0 o p000 11I A D o - o of ° I po000 — 0 0 o0. 1 00° ° oo 0 o 0 0 0 0 °00 °° o " q 1 • • I 00 0 oO a o° 0 0 0 o - •° — o°a o° o o0 0 ° — — �— — — o o o — — o°° o° e o o o. o o ° 00000 0 o I I I ° 00000 o 0" ° ° ° °0000 °00 0°0 ° ° o ° 0000° o 0 0 ° °0oo0ooa° °000 ° o ° ° . 0000 ° 000 • „I o o °000°°° D 000000° IIIb~ • I I o o °00000° o f °°0000° - o 0 00 oQ °oo 00 I o o a o° oo °oo. °o I o n o 0 00 00 } I I ' I o G o o ° °° } 9'-0112" Q 92 0 0 o O o ° 0 0 0 0 0 I _ — °o O° 0 0 o I • �e a0 0 0 —I PgaaO — o o c a i ' I ° 0000 I I 0000I • • " • " + 91 9 318 101-10 318 I I I \ 71 \ PPER LEVEL; � - e • UNIT TY�E�3 BR+ 4 BA • • DECK V I • ADA COMPLIANT: Yes; � I 497 SF ° ,0 I �d °oo OC 11 100 0 • � 9 I _ QST' � F '` ,�. _ '� � I I • � `� a I � ,,�y-- � �� I - co G - �y - F? a •• 00000 �, 7� ` �� � Q '� • '� � _ 00000 o a ,�. ` � III • DG m a ' C , a O N U O o D o s G 11 f � G UNIT•TH•B- s �P� • I Ie o D ° UNIT-TH•B• s' GGP�. I • ° °° 000000 LOWER LEVEL��� � I D o° o �,�oo � UPPL� Don ,,q �` �. ITTYPE: 3BR + 4BA 54-511 �' I _ _ I °00000 .� °0p°0 O ' NIT TYPE 3 BR v ° m ° �' 5T-511 °po AD COMPLIANT:Yes " °00 A COMPLIANT Ye C9 - - - p - - - - - VHF _ _ _ 2787 �A I �_ - • _ -i � �� q 278 sr � EO cn �' PL �� �, ��� 4" PL m PL u y1 � _ _ . O / �, �� ` PL `� LiJ - DE �6., �� I I "? D �� UNIT-TH -CC �� UNIT TH-GU M M M /' 1 SFS uDA COMPL AN. I • • I I 1. 1 SF UNIT TYPE b • Jt ADA COM z 5° ,� 98 S5 l • C 5 2798 SFS • G I . I DECK --- _ B B 497 SF C? LDG ' SETBACK B G S TBA K IT o°° °p0o: - I 1 0 LDG SE BACK - 47'-4" I 4'-0i ruI _ _ _ _ 0' 0" 0' 0" 4'-0i 0 p° - - °° o° I l 11 7 0 0 ° ° I I I o I I O I O O - • VIII TII OI � i -'I =, I I I 1 I • • % I I I D I I I • ° ° � I _ I I I � II II • I �m a00 • °DO 'll IL. Ci — O — ° 9- • o 0 0 — I L 1- I.I. ° — - I• t , L F=11 e - S a 000p DD°° °00 (0, °0000° �� - - - - - - � • OD 00 �.. � rl - - - Z�7 ° ° 0 ��"., O°O 000 • �° 0C - I • 1 °00000° II 1 °°°0°a° I I I I - r L7 o II • — °000000 • °000000 • R� I —_ _I_I— I o 4.. I e o 0 000000 0 Y o 00000° 00 1 �° O00p0°° o o °° O Y - - �, - Wo GD°o 0 o e °O O • Y MINIMUM 15' SETBACK N o °00fn 000° vC-D ¢ MINI UM 15' SETBACK N N( o o °00000° Q A r D G • W _ C] o z, H J O O W '� J O O W i �� °° °000000 ° � I I °° °000000 ° a' A3. _ -n 0 M IS 40� 0 NEED X180 ! -? N79°22'07"W 231.92' PL "' !� _ "'" '_ r. ciao - I. N79022'07"W 231.92' PL LEVEL 24O LEVEL 25 1 1/16" = 1'-0" 2 1/16" = 1'-0" DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE DWELLING UNIT SUMMARY TABLE BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony BR Fixture Square Balcony Balcony Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Unit Name Count Count Footage Count Area Level 3 Level 6 Level 9 Level 12 Level 15 Level 18 Level 21 Level 24-25 UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2480 SF 2 293 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 2322 SF 1 148 SF UNIT - TH-A 3 4 5866 SF 1 497 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1953 SF 1 717 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF 1 118 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3437 SF 1 150 SF UNIT - TH-B 3 4 5574 SF 2 462 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 2 168 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2778 SF 1 150 SF UNIT - TH-C 3 4 5595 SF 1 497 SF UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3176 SF 2 780 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 3 287 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 2175 SF 1 148 SF TOTALS: 246 346 I 276,649 SF 140 21,444 SF UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2830 SF 2 293 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF Level 19 Level 22 Level 4 Level 7 Level 10 Level 13 Level 16 UNIT - A 2 3 2586 SF 1 45 SF UNIT - A 2 3 1990 SF 2 481 SF UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3317 SF 1 119 SF UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1976 SF UNIT - C 3 4 2831 SF 1 375 SF UNIT - C 3 4 2659 SF 1 119 SF DWELLING UNIT TYPE + BEDROOM COUNT UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2292 SF 1 63 SF UNIT - D 2 3 2408 SF 1 45 SF UNIT - D 2 3 1844 SF 2 481 SF Fixture ADA UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3071 SF 1 63 SF Level 20 Level 23 Unit Type Unit Count Count Unit Area Compliant UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF UNIT -A 2 3 2522 SF 1 45 SF UNIT - A 3 4 3281 SF 1 150 SF Level 5 Level 8 Level 11 Level 14 Level 17 UNIT- B 3 4 3490 SF 1 375 SF UNIT - B 3 4 3018 SF 2 543 SF 2 54 3 126505 SF Yes UNIT - A 2 3 2573 SF 1 200 SF UNIT - A 2 3 2511 SF 2 254 SF UNIT -A 2 3 2511 SF 2 254 SF UNIT - A 2 3 2484 SF 2 254 SF UNIT - A 2 3 2627 SF 1 480 SF UNIT- C 3 4 2831 SF 1 375 SF UNIT - C 3 4 3073 SF 1 150 SF 3 46 4 150144 SF Yes UNIT - B 2 3 2434 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1980 SF 1 118 SF UNIT - B 2 3 1953 SF 1 118 SF UNIT - B 3 4 3442 SF 1 375 SF UNIT - D 2 3 2375 SF 1 45S 100 100 276649 SF UNIT - C 2 3 2537 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 2 3 2419 SF 1 63 SF UNIT - C 3 4 2783 SF 1 375 SF PROJECT UNIT - D 3 4 3649 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3203 SF 2 182 SF UNIT - D 3 4 3176 SF 2 182 SF UNIT - D 2 3 2449 SF 1 480 SF TRUE NORTH UNIT - E 3 4 3049 SF 1 200 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2860 SF 2 254 SF UNIT - E 3 4 2833 SF 2 254 SF NORTF 0' 16' 32' 64' 128' 1/16" = V-0" A1.9 OCMA 850 San Clemente Drive FLOOR PLAN - LEVEL 24 - 25 CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA + P A R T N E R S 1"/2016 275-11118" 5-0" 266-111/8" 5-0" MIN••l••••I•••_ I E-Taddd�— �1II1 CKIIIIIIIIIIIrI a� V_ OA_oTT _AO aOo ' ° 0o—°IIII O 0 II Q QQ a oT T " 1 1III I 0" S LM I IN'I1I�S "zIIII 4 ET _O°II.i••••••••••II• C K S79021'I275.94' PIL Lu M IMUM 5- SETBACK n F-- — — _ — _ — — — — — — CD 6' v:5a"-- - - — — — — — — — — — -- - - - - - - - - — — — — — — 00000 0 000000 0 0 000 00 °p o °o0 00°O 0000000 A12° o 0 op ° ° Ir • °p00000O 0 O O 00of 0 0 ° 0° o 000000° OOp° T 0°000 0000 °000 00 000 00 0 O p 0 000000 0000 101'-10 3/8" T01OFM CHANICIRF MEASUREMENTS FROM ROUN LwzZ _E V L --MSH GRADE PLAN[I(FOP). 295 0' FGP ME�SUREENTS FRgM EAN S A LEEL (MS ).X82' .1 1 MSL EL- RUTOT OF L2 ROOF 00 ° 291'-6h 000 o FGP 0 ° 78-6 °0 K o00 oo 00MSL ED 6076 SE I 60 54-511 ¢ • Lu MIN. 93-0 PL NOTE: PROPOSED/PROJECT WILL PIL PROVIDE ROOF DECK \ L F P'_0 MSL T OF PA PE I B B LDG SE BACK 0'-0" 0'- ° ° p ° O °oo00 00 0°00 00 oO OOOppO 00 M °� oo M 1 A o °°o°0000 0 C0 LLJ 00 co °0000 A3. N79022'07"W231.92' PL (j) ROOF LEVEL 1/16" = V-0" PROJECT TRUE NORTH NORTF 0' 16' 32' 64' 128' 1/16" 1'-0" \1.10 Y YE � (DP OCMA SA 850 San Clemente Drive FLOOR PLAN - ROOF LEVEL CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA 1D/14/2016 295'-0" _ Mech. Pent. - - - - - - - Roof 482' - 0� 478' - 6„ I •. IT 11 PRE-CAST Level 25 465 6 i ,Tiu , <V _IR 91EMEEE _ Level 24 453v 0 , � z - — - Level 23 - 441' - 2 PAINTED ALUMINUM WINDOWS Lill KILL 111- TYP. 4 Le_ve122 o 4301 - 4" I J Level 21 — W 418' - 6" ' CURTAIN WALL AT BAY WINDOW -_ C) o -- - --I TYP. - — - W - - - -:� � Level 20 I . o Level 19 IT=11 - I o 0 - - - - _ Level 18 --- - - 385 - 0" C"- 1 Level 17 - PRE-CAST TRIMLu l o o _ CI Level 16 _ • 362' -4- J 8 W W F N 7 co O 44f J : Lu Level 15 Ll 0 351' - 6" z u�i F o F N Z M TiP, f d W O Or Or METAL & GLASS RAILING TYP. a �� Level 14 339' - 8„ C3 = CD o ,n (") rq z _ u' - N � O o J o4Mz Level 13 N LLJ I , w Level 12 - ¢ W 318 0 - — W x = I 0 iS�' i I I, ! I CURTAIN WALL AT BAY WINDOW S Q k Level 11 - TYP. - m , . 30T - 2" o � _ Level 10 - - _ • 296' - 4" M, IIPAINTED ALUMINUM WINDOWS Level j TYP. 285 - 6 _ I II II II i o I I - li L_evel8 -, - - - - - - 274' - 8" I i PRE-CAST TRIM , �- Level ? l 2639 - 1011 I 1 CURTAIN WALL AT BUILDING ; ' 76 1 a a _ - z ENTRY Level 6 - - 253 METAL & GLASS CANOPY o w L_evel5 - - _ - STONE - LEVELS 1.2 ONLY = 241' - 2" I 0 ;. I o I Level R r 4 I1 - " ' -' �� 11 STONE TRIM LEVEL ONLY 230 -4 I, - - - • - - S1.2 a - - - - - - - - Level 219' - 6 Level - I I - 204 - 6 N }} I F W C JLl11 IT- T � 0. Level 1 18T - 0" -70DNv 0 v' II oo�� \ i / o T o o n • 0000 Q 0 1 °c" \ °°offVo° / / •l 7 _, o / (� eco o� \• // \ \` �� ,\\ • �c\'�C/o 0�°° �T `ori. `. / ` \ �� '\ '". •_ • 9 L - - - - - - - - - � T r // N. ° ° Dao ° r o , ° rTo ° °° 0000° \ 000000 ° \ \ \�\ \ °o°oo %°° qk\ 000 6� �T �\ ♦ o \`. 1 o 0000°o_ o o o IT ji 11 11 I IL 0' 16' 32' 64' 128' 1/16" = 1'-0" A2.1 OCMA 850 San Clemente Drive FRONT ELEVATION CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET l t 4/2016 295'-0" Mech. Pent. -: T LL - - - - - - - - - 482 - 0 `Q Roof " - - — - - - - - - - - Cori. 478' 6— PRE-CAST PRE CAST Level 25 or465' - 6„ 1 , TFZP r I &T CA _ A Level 24 453' - 0" I Level 23 _ 441' - 2" PAINTED ALUMINUM WINDOWS TYP. a - Level 22 _ _ . I= 430' - 4" IJ I o Level 21 - X418' - 6" METAL 8 GLASS RAILING TYP. F-Level 20 - 406' - 8" I Eli I Level 19 F, - 395 10 - -- � I Level 18 i 385' - 0„ IFF II j I I I o N if I z --I I PRE-CAST TRIM - _ *Level 17 - 373' - Z' r- a o ' -I„ a '-Level 16 3-621-- 4" _ Lu Lu 0 Lu W Level 15 ` o I a351' - - - 6 m F = c"% `" w fLIJ _7fL CL 0 Q' _ I J y Level 14 � _Lu- - o � 0 339' - 8„ ui U Z _If I - o N - Level 13 m 328 10 Lu O c � ; ULL o Level 12 CO 318' - 0" --- t - CURTAIN WALL AT BAY WINDOWS a _ _ Level 11 I - TYP. m 307"- E 07' - 2" i o b z� C t Level 10 J -- I - 296 - 4 a I - o I PAINTED ALUMINUM WINDOWS b TYP. - Level a o L_evel8 - - -. 274' Diw o I - _ Level ? ,„�I� . 263 - 10 � I - PAINTED ALUMINUM STOREFRONT � _ - -- - - - Level 6 - I 253 0 I I - j PRECAST COLUMN o I I I I Level s • - -- -- - - LEVELS 1.2 ONLY 24-19--7- STONE - Z. 1 0 � a s� r Level 4 pr: - . _ . 230 4 L` - I STONE TRIM • LEVELS 1.2 ONLY o - - - - - - - f Level 3 I . t_J _,-;- -- - 7�w• e �1 � . 1� fir( S � �f � , 7 I � 1 �� � � . _ lLLLLLL 1-� 7 Level 2 204' - 6., Lu 9 Ilk + J y l” Level 1 <1 18787 0" Nb DIN A 44 ° 0 • ° o a / O \ — — — — — — �.A .\/ \ 000 I o 00 ry9�.J. V` D()0()0 3,J00 I ao°0°p°° °. 0 / \ \ 0000 o / o o°aoa0°/ C\/ 000„ Ti 0' 16' 32' 64' 128' 1/16" = 1'-0" A2.2 OCMA rl ITT 11 T 850 San Clemente Drive BACK ELEVATION RRELATED Newport Beach, CA ROBERT A.M. STERN ARCHITECTS + P A R T N E R S UPDATED SHEET JW�4/2016 ;ley 295'-0" Mech. Pent -� 295'-O" Mech. Pent. 482' -C' i - 1, 11Roof 478 - PRE-CAST 78 6 ` - - - - 00 ) i I 11 � - TT - PRECAST = W I I IT I] ]- IL T LEPRE-CAST _ I I Level 25 11 465 6 - N `I Level 24 _ Level 24 -, I _ 453' - Oil � I b 0 - Level 23 - - Level 23 _ — -- - - — — — . .. Q 1 11 •.... . PAINTED ALUMINUM WINDOWS 441' - 2" - I 441 - 2 �,P PAINTED ALUMINUM WINDOWS - Level 22 . -ILL TYP. _ _Q _Level 22 - - - _ _430' - 4" T IT - - I � 430' - 4 -p - o I i it - - - - �. , r - -- -- _L Leve 121 Level 21 W Mill 11 418 6 418 - 6 17' I o - - Level 20 PRECAST TRIM r - _ Level 20 - - 406' 8° - _ 406' 8" = I b i Level 19 Level 19 I 11 -- 1 11.. - 395 - 10 395 - 10 b - - - i - f Level 18 -- - u I Level 18 - 385' - 0" , . 385' - 0" _ IT — __ - - - — U - - PRECAST TRIM Level 17 vl Level 17 - - - - - 3731 - 2" _ - - 373' 2" o � - � 1 Level 16 - -- - •. ; � ' - W o Level 16 n. 1 n � - - 362' --4" - I - - 362 J fGl . V W r ' W H b i ,. Level 15 - _ -- - _ - = I "' _ � = Level 15 - 351' - 6" _ a 3511 - 61 =77rn F x a O i I Lu `- W CIL Lu METAL & GLASS RAILING TYP. Level 14 METAL 8 GLASS RAILING TYP. - - i - - - -- - Leve 4 11 T 339 - 8 - � �W- - - - - --I Level 13 f - - cm N 9 o Level 13 328 - 10 N T T a _ L b - w I, Level 12 _Level 12 - - - v - _ I 318' - 0" w i o 318'-011 ... .: _ CURTAIN WALL AT BAY WINDOWS - - c ; CURTAIN WALL AT BAY WINDOWS Level 11 TYP. T I a Q Level 11 - - 307' - 2" - - - m b -307' - 2 ' o TiM44 b I Level 10 - - g Leve 110 p _ - I - I 296' - 4" 296' - 4" U c PAINTED ALUMINUM WINDOWS PAINTED ALUMINUM WINDOWS 1 TYP. Level9 TYP. -- Level - - - _ 1 11 _ _ 1 II _ - - _I 285 - 6 - I I - _ • 285 - 6 it = - - I T T _ b rn _ - - Level � - - II C Level - -1 274' - 8 - 274' - 8 .. - o '- -� Level ? � � -�� I � " Level ? 263' - 10" STONE LEVELS 1.2 ONLYPh Level _ - _, - _ - _ Level -- . - — - - 2 -1 - 0" - - - - _ - a . 253' - 011 F1 O STONE - LEVELS 1-2 ONLY Level 5 I T � � d _ Levels I 11 1 11 I • 241 2 STONE TRIM •LEVELS 1-2 ONLY -- - - _ 241 2 Level 4 Level 4 v 9 .Ry • _ Y k X'fy _ fl° �.i ' „, .a .�4;(G'y . �/S , .y,:1�• - w^ 1 , n / 230 4 , z "-o•: ��f''�rlb' 1 �, _ ,t _. . - - I � _ 230 - 4 'E. � z.,.,,,:. 1., z.;. • , ` .`�' - . ,, - STONE TRIM • LEVELS 1.2 ONLY °=�t,�.= {�f�;=:�. :•., r�iry,�l ' 't ' �` , I ' `, - I .,,, ,.:` I , T•� � o C 1 I c Level 3 - Level 3 219' - 6 ' l � J 'I '.. • ` ,`. I r �`' d �W`. '� r - Y _ r I1` a I ,. •.; i N n r� h J 1 r `' 9 1 i I 1 Y II II Level .., ,,, � - _., - , _��T1 T I - - _ I_ 204' - 6 � , _. , a ` cLevel2 - 204' - 6" a - CC z v� �Iw LJ _ I � • ,, � Level 1 � _ � .-)� ' " � � I `' I HIT, _ � Level 1 .. 187' - 0" 'NORTH ELEVATION SOUTH ELEVATION 1/16" = 1'..QI1 2 1/16" = 1'-0" 000 T� 1� - - - \ I _ oc o - 0 °° \V I �I I QO0000°°° ij 1 p 00 vy vv I III PLSPL • II I � � vv I �I � I ; I I � vim , � I oocoo ° oo \ - - - - - - - - - - ° ° O p o B I fY 341. 1 1 I o °° °0 00 ° -^ -, 000000°°° o °° o - r- I j 00000 ° ° + S BA - LDG SETBACK °°°000° o° °O o o I I) I T o p > O° ° ° o p O I II I pOGC CO° �/- °°°00000 Opa 10' C11 20-all I Ol I o o o °0000000 0 o ° 00000 ° ° ° ° ° ° ° - I o °Oo °0°° 0 0 o p C1 I n O of o 0 o p°°pOoo�°° y, I \I •I I "'((( °°O °0000°° ° o 00 0° I I I I T O0000 °o °0000°° T ° I I I ,I I \ J Lt 0' 16' 32' 64' 128' 1/16" = V-0" A2,3 FIH OCMA 850 San Clemente Drive NORTH & SOUTH ELEVATIONS CRELATED ROBERT A.M. STERN ARCHITECTS Newport Beach, CA -�- P A R T N E R S UPDATED SHEET 1MI94/2016 u 4n, I I I 1 � �IwIw Yw Ra .9wY®Iw{• � _ _ W' t r- SI�I�=: I� _,I�I� �V��r:iE I�I�9l .A�Irca sll■ ��� _ �-ff b ■ � ■ � ■ � � • ■ .Iwt�ll __tom -'�✓��f �i���,�• a�ol wl�l- _ _ a � _— �. �� •y �.. a `- a m ., ■ ' 11�lmm MEMI OMMA �_� - ■ ■ I11 YpfYp I ■ � � i '�rY I , IMA a li■ �_ _�� ■■� Iia �i i ii � � i r t I J .owl f ■■■ 482'-0" MSL 295'-0" 291'-6" M�462 '-0" -- FGP T.O.R. T.O.P. - _ _ Roof \ i 478' - 6" TOWNHOME UNIT MECH(ELEVAfORTOWNHOM OVERHEAD UNIT _Leve125 TT: 465' - 6" TOWNHOME UNIT CORE TOWNHOM N UNIT Level 24 � _ . w 453' - 00" o u_ CZ UNIT CORE UNIT Z Level 23 n - - - - - -441' _ 2„ �7 0 UNIT CORE UNIT o - - - - - Leve122 Lu 430' -4" o u_ Cn UNIT CORE UNIT Z Level 21 - - - - w-418' - 6„ UNIT CORE UNIT o Wu Lev 120 0 406'06' - 8" 1 UNIT CORE UNIT o _Level 19 I 395'95' - 10" I UNIT CORE UNIT o _Level18 n = LL 385'85' - 0" 7 UNIT CORE UNIT o Z -Level 17 I u_j w 373' - 2" v UNIT CORE UNIT o Luo Cn U 362' - 4" v UNIT CORE UNIT w w o Z _ � w Level15 a = Lu 351' - 6" UNIT CORE UNIT a N o o � _Level14 a w = 339'39' - 8" UNIT CORE UNIT LU " Z o o 0 o Level 13 n Z = 328' 0 10"�7 0 UNIT CORE UNIT w -. (If! _ Level 12 - - - - Q w _ . 318' - 0„ UNIT CORE UNIT Z o _I _Leve111 n I I m 307' - 2" UNIT CORE UNIT o o Level 10 296' - 4" U o UNIT CORE UNIT o Level 9 285' - 6" UNIT CORE UNIT o _ - - - - - _ Level 274' - 8" UNIT CORE UNIT _ Level 7 n . 263'3' - 10" 1 I � o UNIT CORE UNIT o _ Level 6 = Lu 253'53' _ 0" 1 UNIT CORE UNIT o Lu_ Leve15 n = 241' 2" 7 UNIT CORE UNIT o _ Level 4 _ 230' -4" v I o UNIT CORE UNIT o Le_vel3 n 219' - 66" - - i o U3 rn AMENITY CORE NN EN ITY :�> u, _ Level 2 ' > 204' 6" I Lu c¢i BUILDING ENTRY CORE �MENITY GARDEN TERRACE _ Le_vel 1 187 - 0" J <D TIT11 TITI RESIDENTIAL/GUEST PARKING CORE LOADING DOCK w Lu= = = = =11 � LOADING/FIRE ROAD TURNAROUND 0 173' 61 _ ' RESIDENTIAL/GUEST PARKING CORE �. o 1III1 _ _ _ III1III 11 I I� _ _ 1111=1 - Itl TT fiIMff TlT tT Itl TT fi11T1 163' 6� 11 11 11 11 11 11 11 11 11 11 11 11 1=1 1=1 1=1 11 1=1 1=1 1=1 1=1 1=1 11 1=1 1=1 1=1 1=1 1=1 1=1 , %E' � 11 11 11 11 11 11 11 11 11 11 11 11 III=IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII— III III—IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0' 20' 40' 80' 160' 1/16" = 1'-0" A3.1 OCMA RAMSA MW 850 San Clemente Drive SITE SECTION 1 CRELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, CA UPDATED SHEET IDM/2016 � - - ii 11 NF a co � 1 PROPERTY +65GBZ� F� �- ----- U -- LINE 03 PR'dR' FH U p CAISSON A;' z PROP STORM PROP a9�• _ i°v� SETBAC 168.83TC U WALL \ "2MAE DRAIN FORCE STORM DRAIN L 1'� POP UNDER- � H=10.3' GROUND PUMP / SD SD SD- SD SD - SD - - SD SD -SD _ $H=,3 / SITE ADDRESS _ -- FM °' n °'.' -5 FM FM a,+ s_ T" ' 850 SAN CLEMENTE DRIVE y NEWPORT BEACH, CA 92660 1 . �- 2% LR �R F /\ T \ FS I G"' ALL - - I _ J / LEGAL DESCRIPTION - - °\\ \/\ PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF PROP �° PROPOSED I CH'T ° / ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, STORM o BUILDING BELOW ASIN / D GRADE B I I , PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF a•w I Ff47.3P �. a / SAID COUNTY. _ _ I _ _ - J EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL \ C' "0 GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, 1 180.0TW C-04 GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, \ 2.5FG H-12 THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT TRUCK » I -4 OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN �6 I TURN-AROUND I I FS / AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH \ I I PRbPOSED� I I I WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER ° iBUILDING I I FS - 0� AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, OVERHANGI , !II I m RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR 1� T- MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND / SETB IC I 1$8, g I MIN. 1$7,77 "'T +76 6 7a OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE All FS I I FL-GB OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. 1.0 18O.8TW :. BASIS OF BEARINGS .�. . �' I H=11.7`1 ::.i;•.•.•:::'`• __------------•.•:.:...... 168.08 i ...... .............::.....•.-.-.-.•.-:.-.-.-:.::............_......... .. �m I FL-EVC R '' [ - - BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. 174.5 y PROF I HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS #6249 BEING I° 6" DCDA to a I NORTH 03'13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE -- I PROP ORANGE COUNTY SURVEYOR. PROP / POCCATCH K > .2% I 118 BASIN 17023` P H=10.2' I BENCH MARK PRO R Y r FS-B'v'C I I FL6 BVO BENCHMARK DESIGNATION: 3N-56-77 E °r� f - - �oI OCPW VERTICAL CONTROL-OCS 1995 ADJUSTMENT PROP STORM JJ/ I I B ELEVATION: 119.926 FEET NAVD88 DRAIN FORCE � ____-__ ( ) MAIN 174.1 I 180.31W DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED A STO y I ,73� I H=7.3 "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 FT. DRAIN FORCE BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN MAIN 87. OFF I THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE 174 I CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. ROP SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN t t r PTCH AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE BASIN MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. P s /�° I.2% 180.00 MODULAR 176 I H=4.4'1 EARTHWORK WETLAN - Q ( PRO 15' / I W TR ESM I PROPERTY 45,000cY EXPORT / i m I LINE CIVIL ENGINEER ROP 4 178 I "; ORIANA SLASOR, P.E. ULAR MOTOR COURT ` I cTrzuCTURI FUSCOE ENGINEERING, INC. F� QgOF ESSi ONq� WETLAND ON-PODIUM I 179 I 16795 VON KARMAN, SUITE 100 179 5 IRVINE, CA 92606 y c oI .I H=0.5" PHONE: (949) 474-1960 N0. C63451 m 174. 0 I�I �! FAX: (949) 474-5315 W Fxp..((0}}9,,/33�0/16 M 17P.OFG / . // I 180 n ° ORM �. ,r I .I �I 50IN ° / ' ,,,r - I 787 I sryrf CIV IIFG�e��P 169.7 =4. 171.2 4 �° - / OF CAL+ X X eo �/ IL _ I F I° �- ,821 c-os LEGEND 2% I C I MIA f Ii - - RIGHT OF WAY/PROPERTY LINE BF BACKFLOW 169.6 I 183 PROP CMU 'A / / WALL LOT LINE BLDG BUILDING I CB CATCH BASIN -- - - - - - - - - 184.48FS - - - 185.27E / - - - - - - - - - - - - - -! - - -I - - CENTER LINE !�° I 7gq I ^ CL CENTER LINE -STORM DRAIN OU ETS PROP SEWER 84• F 1 4% 134' - - - - - - - - - EXISTING EASEMENT DCDA DOUBLE - 170.3 + - INV CLEANOUT --- SS SS _- SS gg SS SS +� -.T� SS �_ SS - n H-4.T �� I --------- PROPOSED WATER EASEMENT - ECTOR CHECK DET 0 73.40F5 184,79E 185.1.7FS N 785 ASSEMBLY �6 100 RETAINING WALL DW DOMESTIC WATER - - - - - - - -I - -I i � 5' E / - = - - - - - - - - - - - - -- - - - - - - - � ESMT EASEMENT RO CMU / r 786 I' M CONTOUR LINES i H WALL WITH ss :ETBAJK 187.0 EX. EXISTING i PLASTER FINISH 80• PROPOSED 1.2% -DW- PROPOSED PUBLIC WATER i U 175.5FG - -- e•w 8•w a•w e•w H=6.8' 4.5TW BOICDING-BELOW - - 371 FH FIRE HYDRANT MIN 184.OFG GRADE 187 SETBACK M - I FL-EVC PRIVATE STORM DRAIN LINE FW FIRE WATER 1 i a - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �O °' =67siF•` SS +676 2 - X183 % �� �=i 186.79 gRIVE -- + DIRECTION OF FLOW L LENGTH X in �+ PRO FS-EVC -I 188.051 ; - - - - - - - - - - - - - - - 179.5FG // / -3' 6" FIRE 18 MW MODULAR WETLAND -PROP CMU L- - Y Nctt - 6 - - - - - - WATER -" - - - - 188.29 )U 16s.7Tw - - - - - - - - - - - - - - - w EXISTING WATER MAIN P/L PROPERTY uNE WALL WITH 1 v DRAIN PA RAIN PAI DCDA DOMESTIC FS-GB I H=5.9' a"rw ss - EXISTING SEWER MAIN PLASTER FINISH ` / 1.OFG < / - I I N n o PROP WATER DCDA _ I ,$9•g7yy - POC POINT OF CONNECTION EXISTING STORM DRAIN R RADIUM //� 1.77.8TW '� / 179.5�G �c4 vii '� I 0D 4D '� 8" SEWER SEWER I 189_01 - / �� H=0.5' 106 08 - CLEANOUT _ - - FS 2_-1% r - R/W RIGHT OF WAY _ EXISTING CABLE TV LINE 1 0 / / 1 0 6 s - I� 183.2 F 7.6 I i I -- y� 188.93 OATv / 1 177.40 - e Y - c c RELOCATE G G G SD STORM DRAIN -` - o EXISTING ELECTRIC LINE / FS MODU o c o c c c - FH UTIL UTILITY t80.48F - - - - - - -- /o ® I ® _ _ SIGNAL CONDUIT _ �, _ EXISTING TRAFFIC _ - , ® TREE 6.17% 5 9% � 1 57FL �H 4.58% i - -� 1 i 20 c EXISTING GAS LINE d E TS -- 179.97 PR STREET -- •w •w - - t •w tzw tz� z•w 1rw �$ tz•w tz•w tz•w 12•w - -® / 17 .O6FL5 T 5 RN TYP TREE TO T EXISTING TELEPHONE LINE v, 188.44FL �"' - BE REMOVED - � - LOCATED - I- EXISTING STREET LIGHT ' - _ i 183.28 L I PROP 2" SAN CLEM TE IRRIGATION WATER � I, _ A 171.4 � 85.5 <gp,.5 \ _ PROPERTY 116.5 - 16+89 78 16+00 LINE 151 00 14+ 0 / 8•s e•SS e•s 8•ss 8•SS SPH. p , Y / ,76.4 � ,6X s - - - ,694 o ;^ X59.6 / 17p 6 J m K1 I 1 a•55 s 0 20' 0' 10' 20' '� ❑ ❑ � - --Ir- I � SCALE: 1 " = 20' � O ,- - 08/02/2016 OCMA - FUSCOE 850 San Clemente Drive E N G 1 R E E R I R 6 CONCEPTUAL GRADING r RELATED + P A R T N E R S Newport Beach, CA 16795 Von Karman, Suite 100 122 ROBERT A.M. STERN ARCHITECTS Irvine, California 92606 AInfo• /`nnrnnf..�/ llnc:nn D�r4�nn G,hierf Tn , Cal _ r ..2 �... y V r a � a • \ ' • � �\ reo s 9 / L // \ ii SII ___ __ �y moi' ' • y s �\ ileo 210 BLDG �1 , �• SETBACK / \ u r� i Iq 16.0' � „ � ,� �`, A G SETBACK C-04 ' - \ /' / I 35.2' I 12.5' 26' 26' I o- 1904.b FF=187 LEVEL 1 2% MIN. K —> - - - - - -- - - - - - - - - - -- - - - - - - -�� E I B 18 n / EX. PARKWAY I C-03 r - - - C-02 - I / 1.5 EX. WALK I I — FF=173.5 P1 - - - \-SOU ACERADE 7n r ASSUMED 1.5:1 i e n - SLOPE I s FF=163.5 P2 L J y C-03 SHORING c N PAD 1 VL 50' 0' 25' 50' I I _ "O - l - SCALE: 1 " = 50' / SAN CLEMENTErA __ SCALE: 1 "— 1 0' C-02 _ S N QE SM DR,,aEMEWrE- DRIVE � 164 78© 1w, © 15iW 1 r w1E DR', o __ I T �❑ �' I KEY MAP 200 r---- 200 20n I 1 EX. BLDG I I PL R 190 i90 Bftfd190 FF=187 LEVEL 1 r--- 1 EX. BLDG �j9 0.25' 1 TURN-AROUND AREA PROP. 10.0' 20.0' 9 _____________ CAISSON PROP. ACCESS ROAD c ------------ -=9 EX. RET a n H WALL II WALL WALL EX. GRADE FY r 2 - - - - - 180 - - - -- - µ - _-_-_ WALK SOUTHERLY SERVICE DR. r FF=173.5 P1 � J ��� f; 1.2% MIN. / it EX --------------JI L 8"W — EX/ SLOPE � ;I I --------------� 1 �. EX Yi 0 170 BE REMOVED / J EX. GRADE �. CAISSON ;. / 1.5 WALL -----� N� -- ---- ---- ------------------ FF=163.5 P2 // 4.0' ROUGH GRADE ioz //��ROUGH GRADE PROP . SURFACE CAISSON 160 (ASSUMED 1.5:1 WALL ----- - SLOPE) ---- PAD- ---� H II II II II 150 SECTION rB L J SCALE: 1 "= 10' C-02 M O SECTION C SCALE: 1 "= 10' C-02 0 C-02 a 08/02/2016 C C OCMA _ FUSCOE 850 San Clemente Drive EN 0 1 N E E R i N G SECTIONS WRELATED N ROBERT A.M. STERN ARCHITECTS + PAR T N E R S Newport Beach, CA 16795Von Korman, 60100 Irvine, California 922606 Note: Conceptual Design Package Subject To Change tel 949.474.1960 o fax 949.474.5315 o www.fuscoe.com i i� 123 r �y /'yV u r " a nnn 200 I F----� innPL `\ , VA EX. BLDG 10.0' 20.0' FL PROP. ACCESS ROADIN FF=187 LEVEL 1 FF=187 LEVEL 1 SEX. BLDG 0.0' 0.25' PROP. RET I I I 2—% M�IN. WALL 1.2% MIN. 2 e EXRET 4 s , A ` �WALL � � �$0 5' MAINTENANCE � I I PATH - I I I EX. GRADE < FF=173.5 P1 FF=173.5 P1 �EX. GRADE \ , " EX n - EX 8 W TO i I SI OPE ] -70� 1.5 I L J I t l REMOVED��1 J o- 1.5 ROUGH GRADE I I I . l EX. FS SURFACE FF=1635 P2 FF=163.5 P2 i'�ROUGH GRADE — — (ASSUMED 1.5:1 ,� SURFACE K — � 0 IOP - - cn _ - - (ASSUMED 1.5.1 c� I - -__ -- PAD LOPE) E 1w SHORING PAD C-4 N C-03 I II — u I I , SECTION SECTION F i E SCALE: 1 "= 10' SCALE: 1 "= 10' C-03 'ate • —�_ - - ISM DRIV�LEIMuEI� DFiiYE - - - - S N CLE 164 78© M © 15iW 1 r KEY MAP 200 200 L � R � q n _ �� i1190 i 5' MAINTENANCE FF=187 LEVEL 1 50' 0' 25' S0' EX. BLDG PATH 10.0' EX. PATIO TO SCALE: 1 " = 50' BE REMOVED ------------------- 180 ----------------- 33' S' 28' EX, V-DITC H� 180 WALK SOUTHERLY SERVICE DR. TO REMAIN I 2% EX. RET MI j WALL FF=173.5 P1 ---------------- 1 :70 ---------:n •I 170 RETAINING WALL PER j �1 II ROUGH GRADE I I FF=163.5 P2 & PERMIT SEPARATE PLAN EX. FS n L�i SURFACE I I (ASSUMED 1.5:1 --- --- SOPEcn --------- I160 n II ?% p_OI 1� PAD i ~ N J SHORING N 1 n r— O L_J r ------------------ N rn 3 'o 1 ^ n N ��F O T U I M O I N N SECTION a SCALE: 1 "= 10' �O3 0 C-03 a 08/02/2016 C C OCMA _ FUSCOE 850 San Clemente Drive EN 0 1 N E E R i N G SECTIONS WRELATED N ROBERT A.M. STERN ARCHITECTS + PAR T N E R S Newport Beach, CA 16795Von Korman, 60100 Irvine, California 922606 Note: Conceptual Design Package Subject To Change tel 949.474.1960 o fax 949.474.5315 o www.fuscoe.com i i� 1�� r r a _ T/\ Vip � N ` RI%ll i I 200 200 .. ' L r 190 LANDSCAPE ON PODIUM 1 90 FIRE DELIVERY TRUCK 4.0' A � - G 56 180 TURN-AROUND AREA _ _ EX. GRADE 180 PROP. 1 T7 P CAISSON - / PROP FINISH WALL 168.50F5 168.25FS SURFACEG- 170 L. . 170 FF=168.5 0.5% o- �2.1% 167.45FL 170 II FF=163.5 32 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �1f ROUGH GRADE I 160 z l SURFACE 160 E F — g C-03 O I 150 150 O I Ili i Q s F I C-03 SECTION �. SCALE: 1 "= 10' — i i / • ------------------- ---------- — S N CLE— �9dt1 oa ACL MEM DRIVE 1.16978© 18+ © 15+W 1 P -_ ___ ENh op £M --- - _- T �u ,� IIII KEY MAP 200 200 R 190 I LANDSCAPE ON PODIUM FF=187.00 LEVEL 1 190 1 10.0 FIRE/DELIVERY TRUCK 50' 0' 25' 50' 180 I TURN-AROUND AREA 180 EX. GRADE , — SCALE: 1 " = 50' t 11 PROP FINISH FF=173.5 31 170 I I 168.41 FS SURFACE 168.54FS 170 I I z FF=163.5 32 _L IL SHORING � ROUGH GRADE \�� o 160 N SURFACE 1�� o MAT 160 1.5 �� FOUNDATION 0 0 T a N O d 150 150 0 s N N 3 SECTION H N O SCALE: 1 "= 10' C-04 0 N N 0 a a 0 C-04 a 08/02/2016 I E MVE OCMA _ FUSCOE • E111N SECTIONS r R E L AT E D M 850 San Clemente Drive ERsixEERiRc ■ N ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, ca 16795 Von Karmasuite loo Irvine, California 92606 Note: Conceptual Design Package Subject To Change tel 949.474.1960 o fax 949.474.5315 ° 0 www.fuscoe.com 125 \ I \S m CJ 159 B7F5 �n p 8. � t 6�2TG , 160 HP / 2 TG HP \ `+� 156 3Bf 1159�� •� I IN ,,.• 15709FG 156.55F6 15985F5 > ^eI f.�I �' \ -�p 156.21 /N G S H•OE��ff���+•��F55 I 160.27F5 / / 1 Otf 15656F5 �1 EG I 159.90F5 1603GF5 I �'I \J�g. I I � L8]5 1 / I 6yC i 111 I q I 15913FL 159.1BFL I 7p fL G8 I66 --- 1z 161 B ___ I ,• / • ___ ___ HP __ _ 6 __ __ ---— _ I $ � 67.7 GB ,64.50 1p 1661 , FL 8 TG tsa HP nG 1165`'0 65 172 '� 174 � / � 74 176 m \ /� • 1 .3FG /, 172 Jp /, 1,4_ HP 175 —178 ❑ 1 2.3 7 1744EG 176.9 76.SEG R TRFF o , 1 tZ5�7 7310 x 1 .20FL 17,51 • ./ • � hhC7 1,7. \ s • p TREES ® ® >? / PINF 176.9 TREE TREES 177X2 14" TRFF — m L >' ` 0-7 - e 7A A r — II I TREE I I I I I 1 / / 11" PINF III I 1 I U P N 77., \ TREE x " \ / / TREE 10% x III 115 '1424" PINF 1"15 — TREE �_ TREEX. I -------------- gt — I \ R PINE I II I I I ® TREE 2p� gg pp������� TREE ,7X5 1 1 TREE � • I I I I TREE TREES II TREE I TREE 773 I 1 LEGEND X ® I I I ' EXISTING TREE RIGHT OF WAY/PROPERTY LINE II I I I I a l I I iI a l I I 1 • - - 1 t - - t - - - - I I - - - - - — III I 7X5 I1 PROPERTY Ili LINE 169.9 I S I I I X I , X6 1 1 � I � KING STRUGTURt ® 17X6 17 5 I 174.5 X III I � I AN III n � a oFP ❑ I I 169 7 111.2 / / // I 1766 x x TRUIJpS x0 -- ———— -- ———— ------------- --- ------ -------------------- -- - ---I --c — - - - - - - - - - - - - - - - - - - - - - - - - - - - -T — — — — — — — — — — — — — — — — — — — — — — — - - - 4 - - - 44 - - - m — I 172.5 / / // 175.7 777 3 O x x I O 166.6 — — — — — — — — — — — — — — — — — — j — — — — — — — — — — — — — — — — — — — — — — — — — — -T7- — — — — - - - � — — — — — � X /174.7 7� TRFF / 175.5 X 1 o 0 19" TRFF 167.6 / / // - - — — - - - - — - - - - — - - - - - -1 TREES 8C 8TW / s J0 0 I /� 6X 1 - - - - - - - 0 PROPERTY $AN 179.5 67. tg9 0 76CE EN DRIVE — ® / 10 0 745 — LINE - �� 20' 0' 10' 20' 'A x_05 SCALE: 1 " = 20' 08/02/2016 / nE�ll E MVEOCMA _ FUSCOE ������ TREE EXHIBIT r R E L ATE D M 850 San Clemente Drive E R 6 1 x E E R I R G ■ ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, ca 16795 Von Karmasuite loo Irvine, California 92606 Note: Conceptual Design Package Subject To Change tel 949.474.1960 o fax 949.474.5315 0 www.fuscoe.com 12� 314'-10" ADJACENT PIMCO 10'-0" 279'-10" 25-0" PARKING STRUCTURE OUTLINE BLDG SETBACK BUILDING EXTENT BLDG SETBACK SOUTHERN PROPERTY LINE 15'-0" 5-0" MIN.SETBACK / MIN.SETBACK 187' TOP OF WALL H=6.8' 188.7 TOP OF WALL 200' I H=5.9' 189.5' TOP OF WALL i H=0.5' 189.01' FS 188.44' FL _i 181' TP OF WALL 180' TOP OF WALL 180.8' TOP OF NALL 177.7 TOP OF WALL 190, 178.5' TOP OF WALL 179.5' TOP OF WALL STREET CURB LEVEL 1 _ _ 1 H=13' H=12' _ H=11.7' H=7.3' H=3' H=0.5' _ _ _ _ _ _ _ - - T _ LEVEL 1 � 187'-0" _ —1 1 I�IDEWALK =SAN CLEMENTE DR 173' TOP OF WALL PROP RETAINING WALL _ III I 10% MAX_'LOPE - �- l - III III III—III III III—III =III= = = =III= =III= = - H=12' -- - - - -- -�`--- -- - - - - - _ - - - - - - - - - - - - -180'- - - - - - - - - - - - � u1 = i il-i iH- 1 1 ISI 1 1 1 1 1 1 - - _ III=1 117111-11 11 11 11 11 11 11 11 11 11 11 11 11 ISI 11 ISI 11 11 11 11 11 11 11 11 11 11 11 MI LEVEL P1 _ _ =1 =1 =1 11 = =1 =1 = _ =1 =1 q =1 = =11 =1 =11 = =1 =11 =1 = _ =1 r EVEL P1 %173' 6" _ 77=77116=7771= T1 I I I I I I I I I I=7TTTfTI I I TTI I I I -��` _ _ _ = 173' J i_. - — - FS = 168.25 — - - - - = 1=1 ISI 1=1 III—III= _ __ __ __ __ _ � - r 1 1 1 1 1 IIIIII-1111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII—III III—III IIIIII—III 1111111 rIIIIIIIIIIIIIIIIII—III T _ IF LEVEL P2 �I11-111-111-111-111-111-1= = _ = = r EVEL P2 _ �= ___= �_ it I I i � i i I I I� �� �� 1=1 = 1=1 ___�� �� = ��___— �_= I=—=- — — =� � 1= T1III111111=IIIIIIIIIIIIIIIIIIIII11 I I —III I T I I T I I I1 T I I T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 I II 11=1 I II 11=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=�=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T I1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 I I I 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 T 1=1 I I I I 1=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 11=1 I I- I 11-111- 200'-0" FS = 161' FIRE ROAD EXTENT ADJACENT PROPERTY SECTION rG ACCESS ROAD 314'-9718" SCALE: 1 " = 10' C-04 5-0" 00 a0 d r J M CL J J m cn c9 '"� 15-0" MI SETBA K 200'-0" MIN SETBACK FIRE ROAD EXTENT \ a CIO J r - - - - -= ---- ----- ----- - _ _ _ - - - - �I- - _- - - - — ' SETBACK- - -_ —_- - - - - - -_ — —_— — - - - -_ —_ - - -_ - - -_— _- - - — — — — — — — — — — — — - - - - - i • i • i • i • • • �•_� • • �' • • • • P i. • • • • i • • • • • • i. • • • • • • • - 10% \ 10% _ LU _ I 0 LU —.— — — — — — — — — — — — — .��� _ — — — — — — — — — — — - — — — — — — — — — 1 , zoo—� — - - - — — — — — — — — — — — — — — — — — — �— +173.5 _ 0 • � 1 � � I' 11 � � � I � o - I - o - ' A O - b I� a — -- I � - 34�6�� u, • • I /��� �_� \ NO PARKING - o / ECH.IELEC. FIRE GAS ! - - a, I I� f COMMAND METERS m -------------- - - - r --31-8-SI---- r_ RM - 179.3' TOP OF WALL H=10.3' 200' - EASTERN PROPERTY LINE 00 _ _ _ _ _ _ _ _ _ - _ _ _ 0 80'-0" 4'-0 - LU a i • i • i • 01110-m- • i • i • i • i • i • i • i • i • • i i E y I I I • CO cD MAINTENANCE PAI r MIN.TURNABOUT DIAMETER SETBACK&- - m --- - ----------- - I I TRANSFORMER 50'-0" i 34'-0" 190' PODIUM ABOVE TURNABOUT/LOADING ZONE EAST BLDG SETBACK / 181' TOP OF WALL H=13 _ LEVEL1 +168.5 II- - - - - - - - - - - - - 11 / 18T-0LU r. 1 II +168.5 50'-1 114" I 34'-0" 180 ——— - �, I I �� -� - - � I � ADJACENT PIMCO 1 • " III= PARKING STRUCTURE OUTLINE I GEN TOR RM. I I I I GARAGE I SERVICE & LOADING _ _ z _ _ _ _ _ LEVEL P1 173'-6" I I ' I • 170' FS = 168.25 I 6 SF 1 1 I I I � I o 1 I _ 1 11 `� I '� • • GARAGE ISI � ��ISI S ��� —1 � ��ISI ISI ��OP RPC11'PHf � LEVEL P2� 163'-6" 160' III1�I=1�I=ISI=1�I=1�I=ISI=ISI=1�I=I� II=1�I=1�I=1�I=1�I=ISI=ISI ISI=1�I=1 �� IAIIII11 • as I - -- t --- ---- - _ _ ---- - ; SECTION rH . � � �tI rH R40 • \ � � C-04 SWITCH RMT , MiN. I n _ i i - - - - - - - - - - - - SCALE : 1 10 C-04 283 SF _ 168.5 • I o J F GREASE i INTERCEPTOR RM y�. • / : 1 N I %` 312 SF I I I • � � 5 2 • Illi i LOADING 693 SF -� - - —, 111 i A 3@ / / / � '• \ � I 1 1 n.XXIMXA S6PBIL�6g I • O E 168& rr —r PV 4W flR EGXER '9rtIXGR66 1 I ' THE RETAINING WALL IS DESIGNED FOR THE PURPOSE OF MITIGATING THE ELEVATION GRADE \ 1 • DIFFERENCE BETWEEN ADJACENT PROPERTY AND FINISH GRADE ELEVATION OF THE 1 1 DELIVERY/BACK OF HOUSE AREA. IT ALSO SERVES AS A SCREEN WALL TO PRESERVE AESTHETIC C-04 - -= KEY MAP ®� -- ' • VIEWS OF THE ADJACENT APARTMENT FROM DIRECT LINE OF SIGHT TO THE BACK OF HOUSE �IIL OPERATIONS FOR THIS PROJECT C-06 V N7\\\�\_\ OCMA - FUSCOE 850 San Clemente DriveN � x E E R l x c SECTIONS RRELATED 100 ROBERT A.M. STERN ARCHITECTS -� P A R T N E R S Newport Beach, GA 16795 Von ne, California 92606 Note: Conceptual Design Package Subject To Change tel 949.474.1960 4 fox 949-474.5315 www.fuscoe.com 1469%0,-'1/ 0NSTRA1NTS MAP /s 442 0 ®® SITE 151 6 153 5 � Q 7. / 147.2 GU4J 2 �Oq 1 D �R 154,4 LEGAL DESCRIPTION: �� ���� x — \ �� �''O�� m 15X8 a ➢ SAN pf MENTE N = RO PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY \ 0 �� G RECORDER OF SAID COUNTY. 9\\\ �� \ \ \ 155 �egRq g\ EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF z o THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, \�����\ / I 15B.6 _ 0 MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND ORXt4E3 m ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER \ � � 1---, / 5x3 p mva THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS / / I A " UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, \\\ L _� -j REA UNDER CONS so REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, TRUCTION �\\ // X w \ (D EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF SAID LAND, AS o I^ IRT ROAD) RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977, IN BOOK 12085, PAGE OFFICIAL RECORDS. TITLE REPORT: X \ � � 6s � � J 170 PACIFIC COAST >�� 65 BOUNDARY AND EASEMENTS SHOWN HEREON ARE TICOR TITLE COMPANY ORDER NO. 00254237-988-JP4, DATED AS OF �I SIJJ L �� \ I 1 v 165 ter- �� �� co \ \ (' JULY 8, 2015, AMENDED: JULY 20, 2015, AMENDMENT NO. 2. THE ITEMS REFERRED TO BELOW ARE EXCEPTIONS TO jIJ \� COVERAGE AS CITED IN SCHEDULE B OF SAID REPORT. U Jo \ 1 2.5'W V-GUTTER ALONG I I175 1A "^• 2 \ y/ Oj INDICATES EASEMENT PLOTTED HEREON. Y /h �_ \\\\ - --� 1769 N79'21 58 W 275.94'0(276.00 R1' ��, \ \ VICINITY MAP Q 1 1757 x P L A N T E R A R E A A PROPERTY TAXES, WHICH ARE A LIEN NOT YET DUE AND PAYABLE, INCLUDING ANY ASSESSMENTS COLLECTED WITH , m 4e \\\\ % / 1, x \ rJJIJ \ NO SCALE TAXES TO BE LEVIED FOR THE FISCAL YEAR 2015-2016. B THE LIEN OF SUPPLEMENTAL TAXES, IF ANY. \ 1 � \ 1 A PERPETUAL AIR OR FLIGHT EASEMENT, SOMETIMES REFERRED TO AS AVIGATION RIGHTS, IN AND TO ALL THE AIR SPACE ABOVE THOSE PORTIONS OF PARTICULAR PLANES OR IMAGINARY SURFACES THAT OVERLIE SAID LAND FOR �\\\� / I, £ W -A j//////////////////////////////////////////////////////////////////////////////// —i L - - - - - - - - - IVT >s \ \ USE BY AIRCRAFT, PRESENT OR FUTURE, FROM OR TO THE ORANGE COUNTY AIRPORT, SAID EASEMENTS AND RIGHTS BEING MORE PARTICULARLY DESCRIBED AND DEFINED IN AND GRANTED TO THE COUNTY OF ORANGE BY 171 DEED SET FORTH BELOW: \\\\ / I 17x9 % j ( 6wv / /� \ LEGEND: 177.2 WV WV 0 RECORDING DATE: MARCH 17, 1964 \ x % —L – – 1783 17X5 AC - ASPHALT CONCRETE � RECORDING NO.: BOOK 6965, PAGE 721, OFFICIAL RECORDS \ % 1 x r \ FP - FLAGPOLE N ER SLPB - STREET LIGHT PULLBOX THE PLANES ABOVE WHICH SAID EASEMENT LIES ARE MORE PARTICULARLY DESCRIBED IN SAID DEED AND SHOWN \\ / / �CONSTR CTION SMH - SEWER MANHOLE ON A MAP REFERRED TO THEREIN. \ TVT - TELEPHONE VAULT 177? VT - VENT SURVEYOR'S NOTE: THE EXACT LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. \\\\ / I I 17x / x WM _ WATER METER\\ , I j w I 17X4 2 COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT: / WV WATER VALVE RECORDING DATE: FEBRUARY 28, 1977REC O EASOEMDING ENT(S)O: IN BOOK FOR THE PURPOSE(S)2SHOWN BELOW 85, PAGE 6AND FRIGHTS FICIAL RECORDS INCIDENTAL THERETO, AS GRANTED IN A � ��\ / I J�% j BLOCK WALL 2.s DOCUMENT: CONCRETE WALL GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY -- - / 6� �o I° O FENCE CHAIN LINK PURPOSE: UNDERGROUND ELECTRICAL SUPPLY AND COMMUNICATION SYSTEMS �� I / PAFi (0 r :2 � o� o t7a6 RECORDING DATE: MARCH 17, 1977 / a x v O o FENCE (WROUGHT IRON) RECORDING NO: IN BOOK 12108, PAGE 671, OFFICIAL RECORDSAFFECTS: A �� 1 4 EASEMENTS FOR THE PURPOSE ION OOWNSAID BE OW AND ROGHTSRE ANCIIDENTALYTHERETO,ED IN SAID AS GRANTED DOCUMENT. —��— I I j � Mi i �i 6' iF 1� ® FIRE HYDRANT OEASEMENT(S) O GRATED INLET DOCUMENT: I s19 HANDICAP PARKING GRANTED TO: CITY OF NEWPORT BEACHPURPOSE: SEWER AND WATER JULY 19, 1977 AFFECTING OIN BOOK 2 96, PAGE 11OFFICIAL FICI LRECORDS DTE OR1LAND A PARTICULARLY DESCRIBED IN SAID DOCUMENT 1 \ NEWPORETU I LU I N GMANHOLE RECORDING MUSEUM % N I �I O E 5 INTENTIONALLY DELETED. % I (850 SAN CLEMENTE DRIVE) / J 7X5 I �� PALM 6 INTENTIONALLY DELETED. % % r CONTAINER I- i, RETAINING WALL SIGN 7 INTENTIONALLY DELETED. 177.5 w % 177-3 x SPOT ELEVATION 8 DISCLOSURE OF ANY OPEN DEEDS OF TRUST OF RECORD. STREET LIGHT 9 WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT DISCLOSED BY THE PUBLIC RECORDS. VALVE 10 ANY RIGHTS OF THE PARTIES IN POSSESSION OF A PORTION OF, OR ALL OF, SAID LAND, WHICH RIGHTS ARE NOT z ' DISCLOSED BY THE PUBLIC RECORDS. BUILIDING /( '� j P,J\A,I3, 1 8- 9 �� �� TREES 11 ANY EASEMENTS NOT DISCLOSED BY THE PUBLIC RECORDS AS TO MATTERS AFFECTING TITLE TO REAL PROPERTY, SHED OF ESAIDR LANDOR NOTHAT IIS SAT S�FACTORYR TO ITHE COMPANYSIBLE AND PAND/OR BY INQUIRY OF THE PARTIES IN POSSESSION �rrl � ~ J / �%////////////////////// //////////////////////////// / � _ - - - - - - - - - - J- / �l 12 MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION AND/OR BY A CORRECT ALTA/ACSM LAND TITLE SURVEY THEREOF. % 1795 I O II j n I MONUMENT & BOUNDARY ESTABLISHMENT NOTES: / w X ISI w 776 0 / – 1 FD. LEAD, TACK AND TAG "RCE 21687", FLUSH, NO REFERENCE, ACCEPTED AS NW'LY COR. BASIS OF BEARINGS: � � � / 199 � ISI � � � x a I � � PARCEL 2, P.M.B. 81/8-9 w J N BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN > < I O O.C.S. HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS % 1..X6 j =� < 3 j _ z 2❑ FD. 1" I.P. TAGGED "RCE 21687", FLUSH, NO REFERENCE, ACCEPTED AS NE'LY COR. #6249 BEING NORTH 03'13'27" WEST PER RECORDS ON FILE IN THE / / ���� 1766 to a i I PARCEL 2, P.M.B. 81/8-9. OFFICE OF THE ORANGE COUNTY SURVEYOR. 175 745 //1//////////////////////////////////..�///////////////O ® X 3 o M %p xfj / LL FD. 2" PUNCHED BRASS CAP IN CITY OF NEWPORT BEACH WELL MONUMENT PER R1 AND R2, ON 0.8' i O // 17X5 J .4 OFP / // I U �4 FD. 2" PUNCHED BRASS CAP IN CITY OF NEWPORT BEACH WELL MONUMENT PER R1 AND R27, ON 1.0', ° rP ¢ I 579'22'13'E 0.10' FROM CALCULATED CENTERLINE EC. DATUM STATEMENT: [� { S x O FP ° COORDINATES SHOWN ARE BASED UPON THE CALIFORNIA COORDINATE 169.7 —� WM0 / / // FD. 2" PUNCHED BRASS CAP IN CITY OF NEWPORT BEACH WELL MONUMENT PER R1 AND R2, DN 1.0', 2 1766 SYSTEM (CCS83) ZONE VI, 1983 NAD, (2007.00 EPOCH OCS GPSx X y58 f l?I j x N82'56'22'E 0.06' FROM CALCULATED CENTERLINE BC. ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE I �6 NOTED. TO OBTAIN GRID DISTANCES MULTIPLY THE GROUND DISTANCE BY � { / / ESTAB. BY PRORATION PER R1 O 0.99996506. RU / / 3•W C ON C GUTTER ——— — ———————————————————— BENCHMARK: ___ _----- - - - - - - - - - - - - - !---- - - - - - - - - - � —=T - - - - - - - - - - - - - - - - - - - - - - - - _ - - - >- - - - - 172.5 // 175.7 177.3 I I I O O4 X 5 AC PAVEMENT x ( /i BENCHMARK DESIGNATION: 3N-56-77 ® - SMH / / 1� OCPW VERTICAL CONTROL-OCS 1995 ADJUSTMENT x i o / / - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11 jam — - - - - - -TIa-3 - - - - -4 � - - - - - ELEVATION: 119.926 FEET (NAVD88) j6x6 I /1747 / A75.5 — — — — — — —�— — — — — — — ~ 170.3 / x / I -y--- ///_ _ I DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED x / I // -. "3N-56-77", SET IN THE TOP NORTHERLY CORNER OF A 4.5 Ir I° 4FT. BY 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED / O / / 1.5'W V-GUTTER IN THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF / I / � I / I I I ".\ � / I N JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE / �' / _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J ) I / D CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. 1676 r I I I I I I I IOr //////�✓// //// //// //// //// //// //// ///� SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE -- -- - --J / U OF THE MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. \ 6_ -.(0=3'5705 -R1) (L=44.04 ' - / 6 / 80'Rt) r 4=3'5730•' L=44.11' . . . . . . �. . . . `y . . . /. . . . . . . . . . . . 231.98 232.00 R1 „y}, \ 384.00 (384.03 R1 13'42''56 L=153.03uXT I x I 1 N79'I213 W Zf 13 43 56 at s 615.198,616!03 R1 RECORD DATA REFERENCES: / 5 R=638.50 L-19714' � -� (L=196.84" R1)O _ O _ p-17'41 47,. R1) �� TVT SLPP8 sp o R1 - PARCEL MAP, P.M.B. 81/8-9 � _ (p=p'39 1 \ � � \ - - �- ' '- --- w --- ------ --- -- - ---- - ------------ --------------- -- R2 - RECORD OF SURVEY 2013-1061, R.S.B. 276/8 1 1--- --- --- i�r O ®® WV(4) WV CO _ MIS 1835 5 189.6 m — pry 17950 n 1-- 174.5 X _ 171.4 n 185.5 j86,5 1765 _ - - - - 79'22'13"W 689.72' (689.79' R1) (689.70' R2) - - - - - - - - - � SMH —�— 4R=600.00` L=185.25' 4 SMH � � CLEMENTE DRIVE 3 178 1815 .4 O x 1 -') 1736 �- x �s -- PREPARED UNDER MY SUPERVISION: -- --------- --------- ---------- - --- ------ - ----- -�--------- --- -------- .Z -- V��SFO SUpG�s LAND 0 KURT R. TROXEL 82 i 7854 a �/ - -- ° ❑ I---- i / _ �l O I � 09/04/15 �9TF DF �P 0 KURT R. TROXELL, L.S. 7854C o o / I z 1 z 0 o��®EI N NO DATE REVISION 1 TOPOGRAPHY NOTE: CONSTRAINTS MAP II DATE: September 4, 2015 THE TOPOGRAPHY SHOWN HEREON IS . SCALE: 1" = 20' BY: ROBERT J. LUNG & ASSOCIATES z 2832 WALNUT AVENUE, SUITE E Of: 850 SAN CLEMENTE DRIVE FUSCOEFN: 0622-013CNS.dwg n 20' 0' 10' 20' 40' 80' TUSTIN, CALIFORNIA 92680 NEWPORT BEACH, CA 92660 fil... JN: 0622-013-01 (714) 832-2077 E N G I N E E R I N G DRAWN BY: JBF PHOTO DATE: AUGUST 8, 2015 for: THE RELATED COMPANIES 16795 Von Karman, Suite 100 CHECKED BY: KT GRAPHIC SCALE: 1" = 20' 18201 VON KARMAN AVE., SUITE 900 Irvine, California 92606 z CONTOUR INTERVAL = 1' FEI REFERENCE: IRVINE, CA 92612 tel 949.474.1960 ° fax 949.474.5315 a www.fuscoe.com SHEET 1 OF 1 122 a RC LPROPERTY 'n / \ ,n=-- --- --- --- --- � _ _ II LINE » / / 8'W / o 3 — e• I I I a - - / , _ __ ® GMS 1� PRO R E . . ' i5 I I I I • CONC. I I I % I II ;lo I I I I I w I N . �Ao z#M PROPERTY LINE � I I / � a PARXING 5'IRUCN0.E 9.9 I ,Sx I / v o 0 ASPN. X0.5 / x t LEGEND \618 I 1 SSx I iea � � d I - - - - _ _ o \ ¢ PA s F REQUIRED FIRE/PROPERTY LINE a p=3'5s'a7" R=s3sso' ' xG ` .� HYDRANT SPACING (300') — -- — i — --- ® D - _ —� G G` G G G G ��/1 PROPOSED FIRE HYDRANT LOCATION � 79'22'07' W 231 44- — — — — _ --- — W W W — '*��k�'W 1 12•W 1 •W 12 �^ 12'W 12•W — Y97\ ,09.6 SAN CLE Vlp4rE DRIVE \ x B 3 " ASPH. 5 ROPERTY U,A _ a ss •ss 16+8 7s ass e'ss 16+00 m LINE 15 00 ia+ T 13 00 O t i / ' MES CE R o - _-- - --- o N 55.. o — O ss 0 I OI I I ,6l.e /g 0 lot 10.3 'W5 I I U --- / x o O a I ---------- — 30' 0' 15' 30' 60' O Sx / h I SCALE: 1" = 30' i nE�ll E OCMA _ FUSCOE 850 San Clemente Drive � N R E E R , R FIRE HYDRANT LOCATION EXH I BIT ■ RELATED ROBERT A.M. STERN ARCHITECTS + P A R T N E R S Newport Beach, ca 16795 Von Karma60 loo Irvine, California 922606 Note: Conceptual Design Package Subject To Change tel 949.474.1960 o fax 949.474.5315 0 www.fuscoe.com a i / \I \ SPN VESTING TENTATIVE TRACT MAP NO . 17970 < SITE X BIG CANYON __ ___ IN THE CITY OF NEWPORT BEACH , COUNTY OF ORANGE , STATE OF CALIFORNIA ,P�° COUNTRY I CLUB - 64 7: 2: Y- FOR CONDOMINIUM PURPOSES ) � IV °G�ti Z m- ( U) <: CLE ENTE DR FOUR 12 MAINT „e n< - Lu SEASONS OF �— _ EX-P/L 6 EX. FH TO_BE--+,ems PROP SD m \ -PATH AS -- ne r. /� r r J \ o HOTEL p�T N79'21'S8"W 275.94' REMOVED PUMP` F� ti / / n r- .r _ — ISD �1 SD B SD i SD „e, SD° SD SD _FM a' . FM �r,'T� . . �•I��� .,e".d.e—.IIs—e :' -6 . `•_ AFM '- ..— �_—' .0 F M' F M9{ .p . . >:j I , PROP EXISTING EASEMENTS d - t + TRANSFORMER (TO BE ABANDONED/QUITCLAIMED) BEACH �p ISLAND ROSP NEWPORT FASHION � PROP PRIVATE I I = \ a BLDG AT GRADE BLDG BELOW ,I; I COUNTRY 3 \ LL J GRADE BU (CONNECT TO 1 �\ / 6 BUILDING) 1 I s� OEASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL I CLUB w 42 / T_---- --------- ---- --- q I- - - --- PROP CA TC' THERETO, AS GRANTED IN A DOCUMENT. ' ❑ EX WATER TO -D-; 7 a ���17� �O�O�O�����0 ��O���� BE REMOVED \ BASIN '� GRANTED T0: SOUTHERN CALIFORNIA EDISON COMPANY LOCATION � ��'.l� A eaw I >' I �i2 NTS / / 5' MIN � o . �� �� I �p PURPOSE: UNDERGROUND ELECTRICAL SUPPLY AND I �i°-� / 1 - I 1 -IN EX WATER GENERAL NOTES wa iCOMMUNICATION SYSTEMS EXISTING BUILDING L - - 1 I \I RECORDING DATE: MARCH 17, 1977 ILL TO BE REMOVED r I.� EX WATER RECORDING NO: IN BOOK 12108, PAGE 671, OFFICIAL �/ 1 ^ / I I _ RECORDS 1 . EXISTING LAND USE: ORANGE COUNTY MUSEUM OF ART AFFECTS: A PORTION OF SAID LAND AS MORE 8411' -� I ? �,. PARTICULARLY DESCRIBED IN SAID 2. PROPOSED LAND USE: CONDOMINIUMS 165 3. SEWAGE DISPOSAL SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH m DOCUMENT. I Hill 4. WATER SERVICE IS PROVIDED BY CITY OF NEWPORT BEACH 2o I ,I 5' MIN O EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL 5. THERE ARE NO AREA'S SUBJECT TO INUNDATION OR STORMWATER OVERFLOW. — }I SETBACK 4 THERETO, AS GRANTED IN A DOCUMENT: AREAS /o II I ' I GRANTED TO: CITY OF NEWPORT BEACH a 15 � '�I PT//�\\ �° PURPOSE: SEWER AND WATER / �AINTENANCE� u I 1 e n ns� 5/ ,,� �sT RECORDING DATE: JULY 19, 1977 GROSS AREA 86.942 SF (2.00 AC) PATH / r B ��� II RECORDING NO: IN BOOK 12296, PAGE 1131, OFFICIAL LOT 1 RESIDENTIAL CONDOS 86,942 SF (2.00 AC) / BLDG BELOW II - �� RECORDS FLOOD ZONE �GRADE I I 6, AFFECTS: A PORTION OF SAID LAND AS MORE a I 3 0 - - oho -o PARTICULARLY DESCRIBED IN SAID r - L BLDG AT -_ - - �, `J PODIUM LEVEL 1PROP1 WTR I DOCUMENT O I THIS PROPERTY IS IN ZONE "X' OF THE FLOOD INSURANCE RATE MAP, MAP NO. BLDG AT 1GRADl# IESMTl -------- I 06059C0382J, PANEL DATED DECEMBER 3, 2009. OWNER LL O N. -, ' PROP 6" FIR I 1 \. LO .%� / I�'� WATER I, 34' I I ^ C �F. I� \ ': - PROPCATCH OCMA URBAN HOUSING, LLC I �I BAVS( 1 j \ 1 R/W SUBDIVIDER BLDG @ ;PODIUMS 35.2' 38.5' w I . LEVEL O �- I 11 THE RELATED COMPANIES I I. S \ I I 25.2' 12.5' 26' 26' 18201 VON KARMAN AVE., SUITE 900 8.5' 4' IRVINE, CA 92612 PROP 8" FW f PHONE: 949 660-7272 CONTACT( STEVEN OH I' y '-EX. PARKWAY EX. P/L 1e1 l / II �P'RO;P ICATCH - - - - - - I EX. WALK �r�J-'l r J ,li I�I - ¢ I i I BA N BROP. I CIVIL ENGINEER __ u U t t 3 I I ORIANA SLASOR, P.E. P / r J � - I .I° Ii���zc -�Li `'�� - - - - -- - -�1 - - � 1 FUSCOE ENGINEERING, INC. � QROFess�oti� PRMODU _ ��J I w \ 16795 VON KARMAN, SUITE 100 WETLAND �� �r � `'-,�� I I I � �� o I SAN CLEMENTE A IRVINE, CA 92606 N0. C83451 m SCALE: 1 "=20' PHONE: (949) 474-1960 z — r/ � I I M FAX: (949) 474-5315 Exp, 09/30/16 A �9 I � EXISTING BUILDING I 1 sryT crv1 °�a`" TO BE REMOVED , °° I DO e OF CALrl) F PROP MODULA_ I \ BL dG AT LEGEND SITE ADDRESS WETLAND PO LEVEL I z I 1 it L PARKWc STRUCTURE _ _ NEWPORT BEACH, CA92660/ RIGHT OF WAY/PROPERTY LINE BF BACKFLOW 17 II�IBLDG AT GRADE 11 I �'I I , BLDG BUILDING I Q Prf20P RETAINING LOT LINE � ';y l \ I JAI I I Wq�� CB CATCH BASIN J I w 1 CENTER LINE CL CENTER LINE LEGAL DESCRIPTION qL lz�7i 11 O 1 �' I- oFP (1j 178)-_ i� _i - I :I - - - - - - - - - EXISTING EASEMENT DW DOMESTIC WATER PARCEL 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF Q I• ° oFP \��J j I I -- PROPOSED WATER EASEMENT ESMT EASEMENT ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81, JJ 1 PAGES 8 AND 9, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF o (174 0 / / i I EX. EXISTING SAID COUNTY. D I RETAINING WALL I I FH FIRE HYDRANT (12g) I F. 5' CONTOUR LINES FW FIRE WATER EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL PODIUM LEVEL \ i i I " I I WTR BSMT GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, DW— PROPOSED PUBLIC WATER L LENGTH GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, OUTLET TO EX - I 3�i I III MW MODULAR WETLAND THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT GU--T-T:ER �- p v i i I I PRIVATE STORM DRAIN LINE OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN L - \ i P/L PROPERTY LINE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE ---- DIRECTION F F 7 - /- - - _ �_ _ _ _ _ _ _ _ _ _ _ _ _ _ - / _ _ _ _ DI E TIO 0 OW -PROP SEWER -1 - —T \ - - X - - 3 RADIUM RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS _ R I I N F N OTHER E SEWER I I THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH CLEANOUT a _ / `` - - - - _ _ f , -i w EXISTING WATER MAIN R/W RIGHT OF WAY _ _ _ i i TO BE REMOVED / OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH ss _ ss ss — - _ - ss ss ss — ss -- Vis\ — —I-- ss - =I— ss n h i o �L/ " I - ss - EXISTING SEWER MAIN SO STORM DRAIN WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER PROP PRIVATE AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, ss PROP? " - - - - - - - -� 1 / -i - - - - Q - - /� I UTIL UTILITY X - - - - - 1 - - - - - - - - - - - - - - � - - _ - - I = � = EXISTING STORM DRAIN RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR EX SEWER ^� / / - I X - - -� / t I�' ® TREE MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND o ss ^ry - - - - - - - - - - - - - - - - - - - - I EXISTING CABLE TV LINE � SEWER � � O / r - I - cnry - OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE 5' MIN 1, �. � � GUARD SETBACK � ,� � i� _ - I � OF SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED a HOUSEI / �LD� ,�T-GBADE- �� EXISTING ELECTRIC LINE BLDG BELOW 1 e•w e e w I E FEBRUARY 28, 1977, IN BOOK 12085, PAGE 1561, OF OFFICIAL RECORDS. " GRADE E EXISTING TRAFFIC SIGNAL CONDUIT 1 _ (Ts) - - - - - - - /- - - - - - - - - - - �_ _" I EXISTING GAS LINE BASIS OF BEARINGS �E-X�WATER I -I C a _ __ — . — . . — . .—. ---_ — =1-- - - - - - - - - - - - - - -= �EMOVED - - I EXISTING TELEPHONE LINE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S. M T HORIZONTAL CONTROL STATION GPS #6268 AND STATION GPS #6249 BEING / PA P4A I- eFw w X� EXISTING STREET LIGHT NORTH 03°13'27" WEST PER RECORDS ON FILE IN THE OFFICE OF THE PROP-Tf2ENC: EX-R- W -SEW R w 20' I I ® ® ® ORANGE COUNTY SURVEYOR. < 6RAIN DRIVE -� _ I N79°22'13"W 232.01 - - - - -_ I _- N _ RELOCATED-EH BENCH MARK PROP MODULA G G - G --PROP G - G c Glq-- - G — G -- G G G - WEFIAND -FH - �' I o ® BENCHMARK DESIGNATION: 3N-56-771CAL CONTROL-OCS 1995 ADJUSTMENT - - - - ___ --- --- - ---- ��� - -- -- -- --- -PROP SEWER - --- -- - -------- --- - - - -- OCPW VERT - S --- w 2w i21w ® 12•w 12 - -CLEANOUT- ,,.w -- -- 12•w 12'w - - - - 12•w iz•w 12•w i �- ELEVATION: 119.926 FEET (NAVD88) ® PROP DRIVEWAY y - - EX./PH TO BE / o " yV_50' PROP 6" FIRE PROP 2" EL-OCATED- �O DESCRIPTION FOUND 3-3/4" OCS ALUMINUM BENCHMARK DISK STAMPED N ° EX. FH - - / WATER / IRRIGATION WATER N31 I SAN CLE= M E �J T E DRIVE PROP 4 BY 8 F . CO SET E THE TOP NORTHERLY CORNER OFA 4.5 FT. I PROP DRIVEWAY THE 8 FT. CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN DOMESTIC WATER / L� 1 - - - - W�20' - - - 21 THE SOUTHEASTERLY PORTION OF THE INTERSECTION OF \ S� 20' 0' 10' 20' 40' JAMBOREE ROAD AND SAN JOAQUIN HILLS ROAD, SET IN THE 16+89.78 16+00 N 15-100 14+ 0 CENTER MEDIAN FOR SAN JOAQUIN HILLS ROAD, 14 FT. _- B's B'ss s sss sss n SOUTHEASTERLY OF THE NORTHWESTERLY NOSE OF THE MEDIAN - ' � 15 � SCALE: 1" = 20' AND 4 FT. NORTHERLY OF THE SOUTHERLY CURB FACE OF THE y MEDIAN. MONUMENT IS SET LEVEL WITH THE SIDEWALK. " DATE: 08/02/2016 N G7 G w ;�- --�-- - --- -- �-o --------- ----- --- ---- ---- ----- o ------ - , c VESTING TENTATIVE SCALE: AS SHOWN i ® m JOB NO.: 0622-013 i n r----1F U" S C 0 E MAP NO . 17970 DRAWN: MI n n � I— ---- I �,. 111f is / ® coo E R G I R E E R I R c CITY OF NEWPORT BEACH CHECKED: OS 0 NO. DATE REVISION DESCRIPTION f u l l c i r c l e t h i n k i n g SHEET 1 OF 1 i 130 j �:� F 165 -------- V V A V 175 LEGEND B B B B . . . . . F:�,.:77:wx: WWWWIW:F� A �Fx�"FZ­ W—W—F—F—F F-F. CRETE DRIVEWAY . . .. . . . . . . . . . . . . . .. . CON -7 4 ILL2` F 17171 11 T171 ww 0 AND MAINTENANCE PATH 16B.7 . . . . . . . . . . .. . . . . . . . . .. . . . . rr 0 NATURAL GRAY 00 0 too 6.v O OV'� V ,�` 7 V .v, 7 V "V INTEGRALLY COLORED ,,��,I ,, r I 1 1 7 ✓ ,o°Q _NW 0 /�o VEHICLE RATED DECORATIVE CONCRETE 7"X, — — — — — — 9. TYPE I Q,000% P A T10i ° O IQ Op A V _V ,r v. . 1;" .��; 1:�, INTEGRALLY COLORED F1 z 0 3 0 10, Q, 1 177.1 DECORATIVE CONCRETE D .01 000 _�� 00 3 F 00 0 0 C TYPE 2 GARDEN WALK V v�, V V:71V V vh�v 00�000 0 . . . . .. . . . . . . : : AR t7X 0 00 �3 . . . . . . 0/� n . . . . . . . . . fie. v y/ / p o 0 00 p00°' o 0 / // A . . .. . . . . STONE ACCENT PAVERS . . . . . . . . 1725 . . . . . . . . . . .. WWWWW77.......... . . . . . . . . . . .. . . . . . . V Z:r LLi—F-y—i . . . . . . . . . . . . . . . . . . A +185.0 . . . . . . . .. OV7 NEW CONCRETE SIDEWALK AND e I DRIVEWAY APRON IN RIGHT OF WAY . . . . . . . . . . .. 1,°k,v 1/v '000"A I - V 00 N 0 � 1 : � -IV ­ : :% ­­­ � � � � I — WATER FEATURE a /� 0 . . . . . . r'...17 k. Onnn00 ,: /#A . . . . . . . . . .. . . . .. ... . . . . . . . . . .. BUILDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SYNTHETIC TURF "000, OVERHEAD �jl . . . . . . . DOG RUN �06°qfARKINIGI Wwww;:;:; 0 Mffll 0 . . . . . . . . . .. GARAGE N 0 ZGES-S0000°°°°° . . . . . . . FFF 0 ,Q . . . . . . . . . .. . . . . . . . . _�_ITITI . . . . .. . I ;% % % % : : � : :% ­­­­ ­­­% PERIMETER PODIUM LEVEL TIT, 0 1 1 1 1 1 1 1 ; ; ;J � � �; ; ; ; �f . . . . . . . . .. ORNAMENTAL METAL FENCE WITH ' PILASTERS, 6'-0" HIGH MAX. BUILDING I 11F 1 II OVERHEAD +185,0 \ _T F T Ffl T F1 T GARDEN TRELLIS . .. . . . . . . . II II II II II II II II II II II II . . . . . . . . 16'-0" HIGH, IPE WOOD II II II II II II II II II II II II I TLF� . . . . . . . TLT� www ;:;:�twwww; . . . . .. . . . . . . . . . . . . . . . . . . . . . . . F.F. WITH PLASTER COLUMNS —A T" ju Lju U JL Lu_L 1� TEMPORARYr T RKING . .... . . . . . . . T" (5 SPACES) �Ll ­­.....,�. ­­­. MONUMENT SIGNAGE T" 6- Ill (SEE NOTE BELOW) 0 T" 0, �,o ED I I . . . .. . . . . --c- PLANTING AREA U. P%­% . . . . . . .... y 0 1712 � k NOTES d -4 __1 F-1 F-1 F_ 7_1 F7 vv 1 ENTRY MONUMENT SIGNAGE: ALL PROPOSED SIGNAGE SHALL COMPLY WITH CITY STANDARD . . . . . . . . . . 110-L AND MUNICIPAL CODE 20.30.130, TYP. 0 7: Ill I I 1 11 1 1 1 1 1 1 1 1 1 NN7Y' 0 0 116100 0 0 WALL HEIGHTS AND MATERIALS 2. REFER TO C VIL SHEET C 01 FOR ALL SITE0 00 +184,,5 Q . . . . . . . . . 170X 0000wwww;: ASPH 00000 . .. . . . . . . . ..... . . . . . Q,000,,� 0 ENTRY 'r 000 1 EX111T. I I 000000 0 w :www )RIVE 000000I,� °0000 1 \ ° ° a ° o 0 X ------------ V 00 -7 tl 4 r4,1 . . . . . . . . ... . . . ED 177 _LE —— ——— ———— —— 174-5 ASPH. S A N CLEMENTE DRIVE 5 217348 1765 SPH. 176,4 5 01j\ 189.4 17 3 6 01 0----- ------- — --— ——-- ———————— ——— PROJECT TRUE NORTH NORTH k 5 0. 10/12/2016 L1.0 20' 40' 80' 160' 1" 20A" v f6-1� A A OCMA PB1b,Co 850 San Clemente Drive HARDSCAPE PLAN - GROUND FLOOR C R E L AT ED Pamela Burton&Company Newport Beach, CA ROBERT A.M. STERN ARCHITECTS Landscape Architecture Note: Conceptual Design Package Subject To Change LEGEND a-+ +4444444-* ${t- }#+++ ON STRUCTURE PAVERS rt- rr; TYPE 1 tt-r t t-r-rtr rr STAIRS TO PODIUM LEVEL ON STRUCTURE PAVERS TRELLIS, PER ARCHITECT, 16" HEIGHT TYPE 2 7 7 - WATER FEATURE _ _ ® PLANTING AREA 00 POOL #4 181-111 OIL 60'-3" TRELLIS, PER ARCHITECT, 12" HEIGHT ILII- II_I-II T-1 ISI If-1(-II 1-1 FIT IFF1111 T] uIIIIIII! IIIIIIIIII !� IIIIIIIIIIIIIIIII! !IIII _ ��., IILL LL 111-11111 ' ILLIi_JH Ii-1L II-LII _U ICD C) co - - = _ Q STAIRS TO _ - - _ - _ _ PODIUM LEVEL LO - ® _ - _ 68'-0" ��VEL 2 ROOF TERRACES PROJECT \� TRUE NORTH NORTH 0' 16' 32' 64' 188' 1" = 16'-0" 10/12/2016 LIA OCMA R"SA PR zCO 850 San Clemente Drive HARDSCAPE PLAN - ROOF GARDENS CRELATED Pamela Burton&Company Newport Beach, CA ROBERT A.M. STERN ARCHITECTS Landscape Architecture Note: Conceptual Design Package Subject To Change i32 65 / intgo V V V T V V V V V L y y V \ 198 0 PLANT SCHEDULE u / o g o ° a III 96 SF TREES BOTANICAL NAME COMMON NAME - //// - _ - o `.�-•_�/gti ' ' ' ' ' � :/�. - -� -/��- /-�_�- �,. �-.��- / -��� �-,��-/ - �-, �- - - -�,- o�-/`�-/`�-/�, ,�,�,�l/r��—/,�-,'� 0 -.""--,- - -,—,- "A3R1, ,687 BPAutLiaM capitata Pindo Palm / / d \' \ o °"006000\ k� `-\ti . \ . \ -t \ . -,\ ,\ °°a ` \`• \` \` \` Brahea armata Blue Hesper Palm 0000000 • • \\ °\\0�,\` \\;\ //� Chamaerops humilis Mediterranean Fan Palm / I}' �vLL� — , , , , , o , - ` .� 1795 Uy�.\\64• S �'\ \ \ ° \ \o \ \ 9\o °,— � 0 , ° ORNAMENTAL TREES: ' o 0 o o \ •\ ° Arbutus x Marina Marina Strawberry tree °On '\ \ XA4 �2 -� \/ �\/000o° R C NSTR CTIO Citrus Lemon, Orange, Grapefruit O ° ° o oq° Magnolia grandiflora Little Gem' Dwarf Southern Magnolia ° 000 Olea europaea Olive T1'80 SF / 0: T ,;; Pyrus calleryana 'Aristocrat' Aristocrat Pear / _ .,a. . c \ ACCENT EVERGREEN TREE: 0 - , Cupressus sempervirens Italian Cypress I I\ \ S ,,0000,e 06 EVERGREEN CANOPY TREE: Pinus pines Italian Stone Pine I i o 1118 Schinus molle California Pepper Tree ® I \ °O °� 0°00000 STREET TREE: (SEE NOTES BELOW) PLAN ING • AREAFicus rubiginosa Rusty Leaf Fig ';- 1100 SF i� o EXISTING STREET TREE ;.`� 870 SF / (TO BE REMOVED) :o .i T� tt GROUND-LEVEL GARDENS SHRUB MIX Agave attenuata 'Kara's Stripes' Agave r b � ' - - - - Coprosma repens 'Marble Queen' Marble Queen Mirror Plant \ \ \ \ \ /IIF}II �°t Dietes bicolor Fortnight Lily Tz lam; M DULAR I NOTE: PLANTING AREA 65 S b 0 °�� D mondia mar aretae D mondia W TLAND41� U �,- % ON STRUCTURE, Y g Y °:, o l`��30-'S�� PLFlNTING \ _\\ ,' PgRKINc S RUQ URE PROVIDE LIGHTWEIGHT Lavandula dentata ' Goodwin Creek Gray' Goodwin Creek Gray Lavender �, ° SOIL MEDIA SPEC TBD. (. -\ \ , 584 S < ;. Pennisetum x 'Fairy Tails' Fountain Grass \ _\' T \•o Pittosporum crassifolium 'Nana' Karo Pittosporum I Rosmarinus officinalis ' Huntington Carpet Huntington Carpet Rosemary ( X a° °. STREETSCAPE AND 9aBUFFER SHRUB MIX Asparagus densiflorus Asparagus fern I, �"2W .. . . . . +++ :;'. ♦ ° ' nJ00p° :�:.:`' I Echium candicans Pride of Madeira ----- o °° 41'0 SF o ` \� O °; pg88q � Muhlenbergia rigens Deer Grass / ° \ \ • °0 O� �A AYE O +.. •- ° • O° - Salvia x 'Bee's Bliss' Sage :. . . . : :;t. . gSPH. 03 °00000o° ti X Westringia fruticosa 'Morning Light' Morning Light Coast Rosemary ;`i _ n-0 0 0_- - _ - 0°°0++++ Juncus patens Elk Blue California Grey Rush { J o iT 9„ _9 {1111 `:Lcvz. •�: :1• .. 'oo�:�:�:'' ''00000 :�:�: ':o'' � Arctosta h los uva-ursi 'Point Reyes' Kinnikinnick - J.I k _ ° , :i-. 146Q'SF: . . / / q °° ° T Carex pansa Sanddune Sedge . . . .% 8 . :♦ '000000° \ �1 - - _ _ z . - � '�' '='� Ceanothus griseus horizontalis ' Yankee Point' *'+� � ♦ . �♦ ♦ LLNE 0_� ♦� California Lilac Sl �I I 1' I I LINE OF TURF ; `220{SF:' : •'. ,:` '�. � �' _ •� + '� A `�'_ _ �D MONUMENT — Festuca Hybrid Marathon II ®® j ENT 11 - �21'-6"� 00 29'-1" 2''3" 24'-6" 38'-8" SIGNAGE, P. NOTES CLEMENTE DRIVE � �� ' i ass g85 21734E 1 . LANDSCAPE DESIGN IS TO COMPLY WITH CITY OF NEWPORT BEACH WATER EFFICIENT - LANDSCAPE ORDINANCE MBMC 14.17 TO MAX. HEIGHT OF EXISTING TREE EXISTING EXISTING TREE ( ) EXISTING ` MAX HEIGHT OF PLANTS 2. ALL EXISTING STREET TREES TO BE REMOVED AND REPLACED. ALL NEW STREET TREES sPH. I ,a4 ,a,.s PANTS WITHIN TO BE REMOVED. ��, STREET LIGHT TO BE REMOVED. \ `�, STREET LIGHT X LIMITED USE AREA SEE NOTE#2-L2-0 SEE NOTE #1, L-2:0 WITHIN LIMITED 0'-S-' -AREA SHALL BE MIN. 36 BOX SIZE. FINAL LOCATIONS PER MUNICIPAL OPERATIONS DEPARTMENT. \ v TO BE 24°i, TYP. 3. ENTRY MONUMENT SIGNAGE: ALL PROPOSED SIGNAGE SHALL COMPLY WITH CITY STANDARD TO BE�24", TYP. __— 110-L AND MUNICIPAL CODE 20.30.130, TYP. PROJECT TRUE NORTH NORTH k 5 0. 10/12/2016 40' 80' 160' 1" = 20'-0" 10/12/2016 L2,Q SA OCMA PB %,C0 850 San Clemente Drive PLANTING PLAN - GROUND FLOOR CRELATED Pamela Burton&Company Newport Beach, CA ROBERT A.M. STERN ARCHITECTS Landscape Architecture Note: Conceptual Design Package Subject To Change 133 PLANT SCHEDULE TREES BOTANICAL NAME COMMON NAME ORNAMENTAL TREE: • Olea europaea Olive Laurus nobilis Sweet Bay 12"x12" VINE PLANTER, TYP. Arbutus marina Marina Strawberry Tree 0- HEDGE: Ligustrum texanum Texas Privet Ficus nitida Indian Laurel Fig — Prunus caroliniana compacta Cherry Laurel - POOL rn \ ® ® ® VINE: 11= I \ \ Bougainvillea N.C.N. \ Solandra maxima Cup-of-Gold-Wine II— � I ROOF GARDENS SHRUB MIX BOTANICAL NAME COMMON NAME Ajuga reptans 'Atropurpurea' Bronze Ajuga 60'-3" Anigozanthos flavidus 'Bush Ranger Kangaroo Paw 600 sf Coprosma repens 'Marble Queen' Marble Queen Mirror Plant Correa alba White Correa Dietes bicolor Fortnight Lily \ \ Gaura lindheimeri White Gaura \ Helleborus foetidus Bearsfoot Hellebore \ Lavandula dentata 'Goodwin Creek Gray' Goodwin Creek Gray Lavender Ophiopogon plan iscapus 'N igrescens' Black Mondo Grass Pittosporum crassifolium 'Nana' Karo Pittosporum Rosmarinus officinalis 'Huntington Carpet' Huntington Carpet Rosemary 12"x12" VINE PLANTER, TYP. NOTES PLANTING AREA, 70 SF 1 . LANDSCAPE DESIGN IS TO COMPLY WITH CITY OF NEWPORT BEACH WATER EFFICIENT T IITII T T ILII T T ILII T LANDSCAPE ORDINANCE (MBMC 14.17) II II II II II II II II II II II II II II II II II II II II II II III LO IILL II JLII LLL 1I-L11 1i LLL IIJLII 1 50 co T � T N � � -- PLANTING AREA, 530 SFLc= 68'-0" �� LEVEL 2 ROOF TERRACES PROJECT TRUE NORTH NORTH ,: 0' 16' 32' 64' 128' 1/16" = 1'-0" 10/12/2016 L2.1 OCMA P*14"SA PBO.Co 850 San Clemente Drive PLANTING PLAN - ROOF GARDENS CRELATED Pamela Burton&Company Newport Beach, CA ROBERT A.M. STERN ARCHITECTS Landscape Architecture Note: Conceptual Design Package Subject To Change 13-5! moor 4r 4111p—rs 1* -0 r - - - u: - LEGEND ' ilL 4r GROUND LEVEL II s1 I O ENTRY DRIVE & GATE HOUSE i WATER FEATURE DROP OFF IIIA G I GARAGE ENTRY/EXIT II �� <�� I I * VALET PARKING TEMPORARY PARKING it v LAWN flp � I GARDEN TRELLIS H G s II I I OI OLIVE ALLEE 1 1 tl I /1> O FOUNTAIN PLAZA � M i C I O SCULPTURE GARDEN B I © DOG RUN i o M BUFFER LANDSCAPE k O l'f ' L O PROJECT SIGNAGE OLOADING DOCK I S I I i © SERVICE TURN AROUND 00 UPPER LEVELS AWL T I ® INFINITY EDGE POOL — S -lipL I TRELLIS - CABANA OR ,• �e�z ,;, �. O TRELLIS DINING AREA If- OUTDOOR LIVING SPACE SAN CLEMENTE DRIVE t _ x SANTA MARIA DRIVE PBO,Co ORANGE COUNTY MUSEUM OF ART RESIDENCES OCTOBER 12 201 6 PAMELA BURTON & COMPANY LANDSCAPE ARCHITECTURE � Planning Commission Resolution No. #### Page 28 of 42 EXHIBIT "G" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Site Development Review Conditions 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 100-unit condominium development as specified in the adopted Planned Community Development Plan. 3. The project shall adhere to the development standards established in the amended PC-19 (San Joaquin Plaza 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. 2016021023 for the project. 5. 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. 6. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this approval. 7. A copy of the Resolution, including these conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. 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. 9. 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. 03-03-2015 130 Planning Commission Resolution No. #### Page 29 of 42 10. 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. 11. 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. 12. Prior to the issuance of 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). 13. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Replacement street trees shall be a minimum 36-inch box and shall be replaced at the applicant's cost. 14. Prior to the issuance of building permits, the applicant shall submit a valet parking and management plan subject to the review and approval by the City Traffic Engineer and the Planning Division. 15. The parking structure will be valet operated by parking attendants. 16. The guard house shall be manned 24 hours a day and turnaround shall be provided on-site, when necessary, with direction from parking attendants. The turn around may be provided within the motor court, behind the main entrance gates. 17. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. 18. 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 final design of the trash enclosure shall be subject to the review and approval of Community development Director prior to the issuance of building permits. 03-03-2015 137 Planning Commission Resolution No. #### Page 30 of 42 19. 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. 20. 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). 21. 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). 22. 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. 23. 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. Representatives shall follow all site safety and security protocols. 24. 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. 25. 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 Museum House Residential Project including, but not limited to, the General Plan Amendment No. GP2015-001, Planned Community Development Plan No. PC2015-001, Site Development Permit No. SD2016-001, Tentative Tract Map No. NT2016-001, Traffic Study No. TS2015-004, Development Agreement No. DA2016-001, certification of Environmental Impact Report No. ER2016- 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 03-03-2015 138 Planning Commission Resolution No. #### Page 31 of 42 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 26. Provide on-site fire hydrants and mains capable of supplying the required fire flow. See NBFD Guideline B.01 for determination of fire flow. The number of fire hydrants will also be determined by the required fire flow for the structure. CFC Sec. 507.5.1 27. 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. CFC Sec. 510.1 28. One (1) Gurney sized elevator with phase I recall will be required as per California Building Code (CBC) Sec. 3002.4a. 29. In buildings with an occupied floor more than 120 feet above the lowest level of Fire Department vehicle access, no fewer than two fire service access elevators, or all elevators, whichever is less, shall be provided in accordance with Section 3007. Each fire service access elevator shall have a capacity of not less than 3500 pounds. CBC Sec. 403.6.1. Only one (1) fire service access elevator shall be required to provide Gurney access. 30. The fire service access elevator shall open into a fire service access elevator lobby. CBC Sec. 3007.7. 31. The fire service access elevator lobby shall have direct access from the enclosed elevator lobby to a smokeproof enclosure complying with Section 909.20. Exception: Access to a smokeproof enclosure shall be permitted to be through a protected path of travel that has a level of fire protection not less than the elevator lobby enclosure. The protected path shall be separated from the enclosed elevator lobby through an opening protected by a smoke and draft control assembly in accordance with Section 716.5.3. 32. Actuation of any building fire alarm-initiating device shall initiate Phase I emergency recall operation on all Fre service access elevators in accordance with California Code of Regulations, Title 8, Division 1, Chapter 4 Subchapter 6, elevator Safety Orders. CFC Sec. 3007.2 33. The fire service access elevator lobby shall be enclosed with a smoke barrier having a fire-resistance rating of not less than 1 hour, except that lobby doorways shall comply with Section 3007.7.3. CBC Sec. 3007.7.2 34. Other than the door to the hoistway, each doorway to a fire service access elevator lobby shall be provided with a % hour fire door assembly complying with section 716.5. 03-03-2015 139 Planning Commission Resolution No. #### Page 32 of 42 The fire door assembly shall also comply with the smoke and draft control door assembly requirements of Section 716.5.3.1 with the UL 1784 test conducted without the artificial bottom seal. CBC Sec. 3007.7.3 35. The enclosed fire service access elevator lobby shall be not less than 150 square feet in area with a minimum dimension of 8 feet. CBC Sec. 3007.7.4 36. The following features serving each fire service access elevator shall be supplied by both normal power and Type 60/Class 2/ Level 1 standby power: a. Elevator equipment. b. Elevator hoistway lighting. c. Elevator machine room ventilation and cooling equipment. d. Elevator controller cooling equipment. CBC Sec. 3007.9 37. Wires or cables that are located outside of the elevator hoistway and machine room and that provide normal or standby power, control signals, communication with the car, lighting, heating, air condition, ventilation and fire-detecting systems to fire service access elevators shall be protected by construction having a fire-resistance rating of not less than 2 hours, or shall be circuit integrity cable having a fire-resistance rating of not less than 2 hours. CBC Sec. 3007.9.1 38. A class I standpipe hose connection in accordance with Section 905 shall be provided in the interior exit stairway and ramp having direct access from the fire service access elevator lobby. CBC Sec. 3007.10 39. The exit enclosure containing the standpipe shall have access to the floor without passing through the fire service access elevator lobby. CBC Sec. 3007.10.1 40. Building and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 903.3.1.1 and a secondary water supply where required by Section 903.3.5.2. A sprinkler water-flow alarm-initiating device and a control valve with a supervisory signal-initiating device shall be provided at the lateral connection to the riser for each floor. CBC Sec. 403.3 41. Redundant fire pump systems shall be required for high-rise buildings having an occupied floor more than 200 feet above the lowest level of Fire Department vehicle access. Each fire pump system shall be capable of automatically supplying the required demand of the automatic sprinkler and standpipe systems. CBC Sec. 403.3.2.1 42. An automatic secondary on-site water supply having a usable capacity of not less than the hydraulically calculated sprinkler demand including the hose stream requirement shall be provide for high-rise buildings and Group 1-2 occupancies having occupied floor located more than 75 feet above the lowest level of Fire Department vehicle access assigned to Seismic Design Category C, D, E, or F as determined by the 03-03-2015 Planning Commission Resolution No. #### Page 33 of 42 California Building Code. The secondary water supply shall have duration of not less than 30 minutes as determined by the occupancy hazard classification in accordance with NFPA 13, whichever is greater. CFC Sec. 903.3.5.2 43. Required fire pumps shall be supplied by connections to no fewer than two water mains located in different streets. For purposes of this project, a water main off of San Clemente Drive and a second water main off of the project's access lane located along the east edge of the property satisfy this requirement. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate. CBC Sec. 403.3.2 44. Fire pumps shall be located in rooms that are separated from all other areas of the building by 2-hour fire barriers constructed in accordance with Section 797 or 2-hour horizontal assemblies constructed in accordance with section 711, or both CFC Sec. 913.2.1 45. Engine-driven fire pumps and electric drive fire pumps supplied by generators shall both be provided with an on-premises fuel supply, sufficient for not less than 8-hour full-demand operation at 100 percent of the rated pump capacity in addition to all other required supply demands in accordance with Sections 9.6 and 11.4.2 of NFPA 20 and this section. CFC Sec. 913.2.1 46. Area smoke detectors shall be provided in accordance with this section. Smoke detectors shall be connected to an automatic fire alarm system. The activation of any detector required by this section shall activate the emergency voice/alarm communication system in accordance with Section 907.5.2.2. In addition to smoke detectors required by Sections 907.2.1 through 907.2.1-0, smoke detectors shall be located as follows: a. In each mechanical equipment, electrical, transformer, telephone equipment or similar room which is not provided with sprinkler protection. b. In each elevator machine room and in elevator lobbies. CFC Sec 907.2.13.1.1 47. Smoke detectors listed for use in air duct systems shall be provided in accordance with this section and the California Mechanical Code. The activation of any detector required by this section shall initiate a visible and audible supervisory signal at a constantly attended location. CFC Sec. 907.2.13.1.2 48. A fire alarm system shall be provided in accordance with Section 907.2.13. CBC Sec. 403.4.3 49. Smoke detectors will be required for the individual dwelling units as per CFC Sec. 907.2.11.2. 03-03-2015 2'4 2 Planning Commission Resolution No. #### Page 34 of 42 50. A high-rise building shall be equipped with a standpipe system as required by CFC Section 905.3. CBC Sec. 403.4.3 51. An emergency voice/alarm communication system shall be provided with a fire command center for fire department operations. CFC Sec. 911.1 52. The location and accessibility of the fire command center shall be approved by the fire chief. The fire command center shall be located at the perimeter of the structure and accessible from the fire access roadway. CFC Sec. 911.1.1 53. The fire command center shall be separated from the remainder of the building by not less than a 1-hour fire barrier constructed in accordance with Section 707 or horizontal assembly constructed in accordance with Section 711, or both. CFC Sec. 911.1.2 54. The fire command center shall be a minimum of 200 square feet with a minimum dimension of 10 feet. CFC Sec. 911.1.3 55. A layout of the fire command center and all features required by this section to be contained therein shall be submitted for approval prior to installation. CFC Sec. 911.1.4 56. The fire command center shall comply with NFPA 72 and shall contain the following features: a. The emergency voice/alarm communication system control unit. b. The fire department communications system. c. Fire alarm system zoning annunciator panel required by CFC Section 907.6.3.3. d. Annunciator unit visually indicating the location of the elevators and whether they are operational. e. Status indicators and controls for air distribution systems. f. The fire-fighter's control panel required by CFC Section 909.16 for smoke control systems installed in the building. g. Controls for unlocking stairway doors simultaneously. h. Sprinkler valve and water flow detector display panels. i. Emergency and standby power status indicators. j. A telephone for Fire Department use with controlled access to the public telephone system k. Fire pump status indicators. I. Schematic building plans indicating the typical floor plan and detailing the building core, means of egress, fire protection systems, fire-fighting equipment and fire department access and the location of fire walls, fire barriers, fire partitions, smoke barriers and smoke partitions. m. An approved Building Information Card that contains all items listed in CFC Sec. 911.1 (13). n. Work table. o. Generator supervision devices, manual start and transfer features. p. Public address system, where specifically required by other sections of this code. 03-03-2015 142 Planning Commission Resolution No. #### Page 35 of 42 q. Elevator fire recall switch in accordance with California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator safety Orders. r. Elevator emergency or standby power selector switch, where emergency or standby power is provided. s. A master switch for unlocking elevator lobby doors permitted by Section 1008.1.4.6. CFC Sec. 911.1.5 57. The fire command center shall be provided with an independent ventilation or air- conditioning system. CFC Sec. 911.1.6 58. Emergency power outlets are required as per Newport Beach Fire Department Amendment to the California Fire Code. Amendment states: Provided 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 provide in the flowing 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. 59. High-rise buildings shall be provided with a passive or active smoke control system or combination thereof in accordance with Section 909. CBC Sec. 403.4.7.1 60. Smoke proof enclosures shall be constructed and shall consist of an enclosed interior exit stairway that conforms to California Fire Code Section 1022.2 and an open exterior balcony or vestibule meeting the requirements of this section. Where access to the roof is required by the California Fire Code, such access shall be from the smokeproof enclosure (all exiting stairwells) where a smokeproof enclosure is required. CFC Sec. 909.20 61. The smokeproof enclosure shall be separated from the remainder of the building by not less than 2-hour fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. Openings are not permitted other than the required means of egress doors. The vestibule shall be separated from the stairway by not less than 2-hour fire barriers constructed in accordance with California Building Code Section 707.1 (Fore Barrier Requirements) or horizontal assemblies constructed in accordance with California Building Code Section 711.1 (Horizontal Assembly Requirements), or both. The open exterior balcony shall be constructed in accordance with the fire-resistance rating requirements for floor assemblies. CFC Sec. 909.20.2 62. The parking garage shall meet requirements of CFC Sec. 914.5 if applicable. 03-03-2015 14S Planning Commission Resolution No. #### Page 36 of 42 63. No vehicular parking shall be allowed along the first 200 feet of the access lane located at the eastern property line (beginning at San Clemente Drive). 64. If fire access is to cross a property line then an agreement for access will need to be legally recorded for fire access use. 65. For all vegetated roofing systems abutting combustible vertical surfaces, a Class A- rated roof system complying with ASTM E 108 or UL 790 shall be achieved for a minimum 6-foot wide continuous border placed around rooftop structures and all rooftop equipment including, but not limited to mechanical and machine rooms, penthouses, skylight, roof vents, solar panels, antenna supports, and building service equipment. CFC Sec. 317.3 66. Buildings or structures that have rooftop gardens or landscaped roofs and that are equipped with a standpipe system shall have the standpipe system extended to the roof level on which the rooftop garden or landscaped roof is located. CFC Sec. 905.3.8 67. A 2A 1013C fire extinguisher will be required for the R-2, M and B occupancies. The extinguishers 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. CFC Sec. 906.1 68. The parking garage is classified as an ordinary hazard occupancy which requires a 2A 20BC 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. CFC Sec. 906.1 69. Car charging stations will need to be shown on plans and must comply with National Electrical Code Sec. 625.5. 70. Address shall be placed on all new buildings in such a position that is plainly visible and legible from the street or road fronting the property. CFC Sec. 505.1 71. Stairwell signage shall meet Newport Beach Fire Department Guideline & Standards D.01. 72. Areas with an "A" occupancy will need to meet all requirements for an assembly type occupancy referenced in CFC Sec. 1028. 73. Dumpster locations will need to meet Newport Beach Fire Department Guideline & Standard A.16 with regard to requirements for locations of dumpsters. 74. A pictorial symbol of a standardized design designating which elevators are fire service access elevators shall be installed on each side of the hoistway door frame on 03-03-2015 244 Planning Commission Resolution No. #### Page 37 of 42 the portion of the frame at right angles to the fire service access elevator lobby. CBC Sec. 3007.7.5 75. The fire service access elevator shall be continuously monitored at the fire command center by a standard emergency service interface system meeting the requirements of NFPA 72. CBC Sec. 3007.8 76. A telephone or other two-way communications system connected to an approved constantly attended station shall be provided at not less than every fifth floor in each stairway where the doors to the stairway are locked. CBC Sec. 403.5.4 77. Provide standby power system as per CFC Sec. 604.2.14.1. 78. 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. CFC Sec. 506.1 79. Barbecues on balconies will require fire sprinklers in balcony area over the barbecues. Terraces open to above and with Barbeques will not require sprinklers. 80. Access areas will need to meet Newport Beach Guideline C.01 with regard to weight supported, turnaround, widths, etc. 81. Fire lane access markings for the front entrance shown on Fire Master Plan will need to comply with Newport Beach Guideline C.02 with signs and red curbs or signs only. 82. Rooftop garden or landscaped roof areas shall not exceed 15,625 square feet in size for any single area with a maximum dimension of 125 feet in length or width. A minimum 6-foot wide clearance consisting of a Class A-rated roof system complying with ASTM E 108 or UL 790 shall be provide between adjacent rooftop gardens or landscaped roof areas. The gardens and landscaped areas at the podium deck level, and rooftop pools are not subject to these limitations. CFC Sec. 317.2 83. Clearances with the gas fire table must be met as per the manufactures recommendations and the California mechanical Code. Building Division Conditions 84. 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. 03-03-2015 145 Planning Commission Resolution No. #### Page 38 of 42 85. 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 average winds exceeding 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. 86. 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. 87. 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. 88. 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 03-03-2015 Planning Commission Resolution No. #### Page 39 of 42 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. 89. 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. 90. 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. 91. A drainage and hydrology study shall be submitted for review prior to permit issuance. 92. Cal Green and Energy commissioning and acceptance testing may be required at the time of permit issuance. 93. A shoring plan shall be submitted prior to building permit issuance. Tie back system will not be allowed under street or public improvements without obtaining public works approval. Public Works/Tentative Tract Map 94. 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. 95. 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. 96. Vesting Tract Map No. 17970 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). 03-03-2015 247 Planning Commission Resolution No. #### Page 40 of 42 97. Prior to recordation of the tract map, Park Fees shall be paid for the 100 new dwelling units (currently $26,125.00 per unit) in accordance with City Council Resolution No. 2007-30. 98. All improvements shall be constructed as required by Ordinance and the Public Works Department. 99. The approximate 82-foot existing 8-inch VCP in Santa Barbara Drive at Jamboree shall be replaced with a 12-inch VCP sewer line as determined by the Sewer Analysis Report. 100. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the San Clemente frontage. 101. Each unit shall be served by its individual water meter and sewer lateral and cleanout. Each water meter and sewer cleanout shall be installed with a traffic-grade box and cover. Water meter and the sewer cleanout shall be located within the public right-of- way. Alternatively, if a waiver is approved by the Public Works Department, the building may be served by one water meter and sewer lateral. 102. All unused sewer laterals to be abandoned shall be capped at property line. If the sewer lateral to be abandoned has an existing cleanout, abandonment shall include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then be capped where the wye used to be. 103. A new sewer cleanout needs to be installed on the proposed sewer lateral per STD- 406-L adjacent to the property line in the San Clemente Drive public right-of-way. 104. Per Chapter 13 of the City Municipal Code, 36-inch box street trees shall be planted along the San Clemente Drive frontage. Tree species shall be per Council Policy G-6. Quantity and location of tree to be determined by Municipal Operations Department at plan check. 105. All improvements, including the proposed monument signage and landscaping, shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. 106. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 107. All on-site drainage shall comply with the latest City Water Quality requirements. 108. The parking structure and drive approaches shall be constructed per City Standards. 03-03-2015 -148 Planning Commission Resolution No. #### Page 41 of 42 109. No permanent structures can be built within the limits of the proposed and existing easements. 110. All proposed street trees to be located at least 10 feet away from all utility services and driveway approaches. 111. No temporary or permanent structural encroachments will be permitted within the public right-of-way or city easement areas, including but not limited to, caissons, tie- backs, shoring, etc. No excavation will be permitted within the public right-of-way as part of the foundation shoring installation. 112. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be obtained and approved by the City Council. 113. 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. 114. 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 the following: • Provide detail on planned lane closures, including scheduling and duration; • Detail applicable lane closure restrictions during peak hours and holiday periods and noticing to surrounding property owners and tenants; • Provide measures to prevent blocking of surrounding property access points (due to construction vehicle queuing, etc.); • Document specific off-site parking locations for construction workers; • Project phasing; • Parking arrangements for off-site parking location and on-site during construction; • Anticipated haul routes; and • All materials transported on and offsite shall be securely covered to prevent excessive amounts of dust or dirt. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 115. During the construction process, truck hauling shall be prohibited during the PM peak hour after 4:00 p.m. 116. 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 03-03-2015 2'q"9 Planning Commission Resolution No. #### Page 42 of 42 caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 117. Prior to commencement of demolition and grading of the project, an adequate off-site construction employee parking arrangement shall be finalized. 118. 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 between Thanksgiving Day and New Year's Day. 03-03-2015 ZJ�� Attachment No. PC 2 Draft Resolution for Denial 151 V� QP �P 2�� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT NO. GP2015-001, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2015-001, SITE DEVELOPMENT REVIEW NO. SD2016-001, TENTATIVE TRACT MAP NO. NT2016-001, TRAFFIC STUDY TS2015-004 AND DEVELOPMENT AGREEMENT NO. DA2016-001, FOR A 100- UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 850 SAN CLEMENTE DRIVE (PA2015-152) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Related California Urban Housing, LLC with respect to property located at 850 San Clemente Drive, and legally described as Parcel 2 of the Parcel Map, in the City of Newport Beach, County of Orange (County), State of California, as shown on a map recorded in Book 81, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County. 2. The project includes demolition of an existing 23,632-square-foot Orange County Museum of Art (OCMA) building and to accommodate the development of a 25-story, 100-unit residential condominium building with two levels of subterranean parking. The applicant requests the following approvals from the City of Newport Beach (City): • General Plan Amendment (GPA) — To amend Anomaly No. 49 to remove the property and to reduce the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and to change the land use designation for the property from Private Institutional (PI) to Multi-Unit Residential (RM-100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi-Unit Residential. The PC amendment also includes new residential development standards including a 295-foot height limit measured from finished grade. • Tentative Vesting Tract Map — To allow the 100 individual dwelling units to be sold separately as condominiums. • Site Development Review — To ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Newport Beach Municipal Code (NBMC) Section 20.52.080 (Site Development Reviews).. • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. 153 Planning Commission Resolution No. #### Page 2 of 4 • Development Agreement —To comply with NBMC Section 15.45.020 because the requested GPA includes 50 or more units. • Environmental Impact Report (EIR) — To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to the California Environmental Quality Act (CEQA). • Revoke Use Permit - To revoke Use Permit No. UP2015-017 (PA2015-086), which allows beer and wine sales at the museum. • Revoke Modification Permit - To revoke Modification Permit No. MD2004-059 (PA2004-184), which allows flagpoles/signage beyond that allowed by the NBMC. 3. The property is located within the PC-19 (San Joaquin Plaza) Zoning District and the General Plan Land Use Element category is PI (Private Institutional). 4. The property is not located within the coastal zone. 5. A study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California 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 October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . 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 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. 03-03-2015 -T 4 Planning Commission Resolution No. #### Page 3 of 4 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 100 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. 2. The Planning Commission determined, in this case, that the proposed Site Development Review for 45 residential condominium units is not consistent proposed with the General Plan policies due to the incompatible land use, architectural style, fagade treatments, and height of the proposed project. 3. The design, 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 100 condominium units. The map would also serve to consolidate six parcels and portions of adjacent vacated alleys into one lot. 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 100 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. 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. 03-03-2015 1515 Planning Commission Resolution No. #### Page 4 of 4 PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF OCTOBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zach, Secretary 03-03-2015 2150 Attachment No. PC 3 Parking Management and Valet Plan 157 V� QP �P z�g R RELATED MUSEUM HOUSE PARKING MANAGEMENT PLAN A n _ RESIDENT AND GUEST PARKING The Museum House's residential and guest parking will be fully valet operated. Residents and guests will enter the fully secured valet motor court from San Clemente Drive through their respected entrance lanes. Residents will have wireless fobs that will automatically open the entrance gate. Guests will be checked in by the security guard located at the vehicular gate house which will be manned 24 hours a day,7 days a week. The valet reception kiosk will be situated immediately in front of the building's lobby entrance. Residents and guests will pick up and drop off their cars at this location. Valet operators will in turn park the resident or guest's cars either in the two level subterranean garage,within the secondary garage located on at the podium level,or within the parking spaces and open areas around the motor court as needed. This circulation path of travel is depicted within Exhibit A. VALET OPERATIONS AND STACKING Museum House has been designed with 250 physical parking stalls per the City of Newport Beach parking requirements(200 resident spaces,50 guest spaces). With the advent of a valet operated garage,however,the valet operators are able to over park the garage and podium levels by an additional 54 cars. The garage and valet operation is capable of accommodating a total of 104 guest vehicles,and a total resident and guest capacity of 304 vehicles. Museum House has sufficient parking capacity to accommodate all residential and guest parking demands in order to prevent any need spill over parking demand onto neighboring streets. All parking can be accommodated on site via the garage and the on-site valet operations. A layout of how the valet operator would propose to over park the garage by over parking is showing in Exhibit B. The staffing levels necessary to manage the valet operations for Museum House is estimated to consist of approximately 8 attendants and 2 managers. The projected shifts and staffing levels are show on Exhibit C. 1,5J EXHIBIT A RESIDENTIAL AND GUEST VEHICULAR CIRCULATION DIAGRAM VILLAS AT FASHION ISLAND SOUTHERLY ACCESS DRIVE --------------------------------------- I I ---------------- I I I I I GARDEN TERRACE' AMENITY DECK I I I I I I � I I II I • I � � I� '..•.i'.;1 I I ENTRY TO SUBTERRANEAN 111' PARKING GARAGE - II VALET 1 SII \\DROP-0FF I I PIMCO PARKING I; I STRUCTURE jl I I PRIVATE GARAGE ACCESS VEHICULAR GATE HOUSE \ MOTOR COURT MANNED 2417 L____-_-__- r I }.Lq-..-._._._._._._._._._._.J - _ _-_. _- - _ - :._tom r�., • SITE EGRESS SITE INGRESS SAN CLEMENTE DRIVE / (RESIDENT VEHICULAR ACCESS) ..„ SITE INGRESS (GUEST VEHICULAR ACCESS) �8ANTA MARIA / - / onn: I� r.vamN'rV� EXHIBIT-2C n A A��/l A SA � OM SITE PLAN DIAGRAM- RESIDENTIAL 850 San Clemente Drive VEHICULAR CIRCULATION G R E LAT E D RUtl[AIAM STEM ARCHITECR �o.u�.mF 160 EXHIBIT B VALET OVERPARKING PLANS PODIUM LEVEL ,1„111,' Sff 2fi5.11 I,B' _�T- 9d' MN MN K WT MAINTENANCE SN'P1SBEV5N K N _ _ _ _ _ _ _ __ _ _ IMIIMS6E1 K_q _ ' �fT•----- --------__ -_.—___— .. LEVEL PI GARAGE /// FGDTPWNi • I '—POTENIIALREMOVAL - LUS ' HOLI HATCH FOR DOWNS S-E LANDSCAPE I m TOWERS A', , Total I 250 parking stalls • II I I • I REQUIRED FIM P 54 over-parked cars. ' I 1 UNDERNEPOMM. ` P GARDENTEARAWI !. SEELEYELPIPL • Total capacity of 301 cars. I SOSF ISEE�wo6cnvE Druwwcs� ♦ I �� � PRE FUNCTION � 626 SF DINING I Podium Level • 12 parking stalls 4 I MECH , 1 / 21 over-parked cars. •11 ''1 Aifi SF a+S' DINING j Podium total of 33 cars. TERRACE I _ A 2-•?TSF d Parking Garage Level 1 124 parking stalls. IMSIF ' y 15 over-parked cars. • I MEDIAs covERe LopGlp. ° • 2, c CONSERVATOR • • DOG ParkinLevel 1 total of 139 cars. � . °. I Parking Garage Level 2 I Nr RM EN'r91EGT I 114 parking stalls OFFICE L _. • 1$Over-parked Cars e IN 71 6F SPL �_ Level 2 total of 129 cars. I K ¢ ' DROP-0FF H- / 8PIET\ ' • �I / .101 v `� <� t g R F DA P \ 1 wE9ATe r - 1 � •.I / Y I V I I C>i pN • I / \ I � o I I A 2a • �b� I i e E 1 i - MOTORCOURiCNIn '� _ I • I • (SEE LANDSCAPE DRAWING IN y -I u a • I t ff( I I, w a PARI m �s 5195SF m __ DOG RUN I 68 s (SEE IANDSGPE • VEHICULAR GATE l CONTROL POINT ♦ a I •. I_ I I- -.L. - I vARgxo _— xNCE H ----4 -I I `p � A— AL I a l r I - - - I w I' MINIMUMI6'SETRACK I I I IaI ' LEVEL 1 N19'22G1 23192' - PL T MONUMENT SIGNAGE 1116'=1'-0' (SEaANDGCAPE DRAWINGSI j — I • • MONUMENT SIGNAGE $ITE EGRESS SITE INGRESS ADACOFIPIMNTPEDESTRIAN L6EE LANDSCAPE DRAWINGS) q ACCESS 1 V/1 EXHIBIT B VALET STACKING PLANS GARAGE LEVEL 1 M5 v ; ea W-nix ra � ac nr-1, 1WNTENANDE SN-21 rF 1)S Pf PL J a _ _ _ _ '.'5 ET8:Lx _ a •i r--- IW MO PARNPIG — — ___ _— — _ TRAN]FDRAER a — OU ________________ 1wL. d I I i � me Pn -- --- 6EN TCP RY. 1 A �• ad r r Total WOK Rai EE I 1250 parking stalls `SII 54 over-parked cars. •I �_- t • UNDERNEATHP QM AATLEALPi li f soaA�E-- - ® r "! --- 6 ,$ i • Total capacity of 301 cars. -I I,W SPAM 3IN 1 k? II ® �' GREASE`-H I Podium Level -------- p�E„q� \ 11. . - •; s r 12 parking stalls 6 a D i I • , T 21 over-parked cars. --s ® °i .asr a , Podium total of 33 cars. MEASUREMENTS MW ALAN SEA 4�ams �� I ! • LEAL,MSLI Parking Garage Level 1 n I. \ 'U- -i---' 'T ^' MEASUREMENTS MW DRWND LEAL o r--- 124 parking stalls. Ir STORAGE f ! I, _� l' 1EbL.E1EC. �' 1y FlNISN GRADE MNE ItGPM I� g _ -7 _ 02 eE msFi s- , 15 over-parked cars. . i I "/ADA S ACE h - J P.> ``., : 1,: w ,ea o vv - _ „• Level 1 total of 139 cars. �. ® I ] . (' ` 1 _ 1 ' �� ® >} °• - sERVIcecoRawoR - I Parking Garage Level 2 �' -- - -�az �� •'r 114 parking stalls v ! 'rd rrf fd Z4 fa rd � l ® 06 PUMPRM AETER6, -parked cars® 3 al_j ® ® "esvRnerrvAeGeWAY a Level 2 total of 129 cars. pw - — - STOPAGE - - - - - -7 -r-•-! Mdl KIM Farl all [Ell IM] KF a — © ! — --- II ® O ® Imal C ;_ ® Ip ® O ear , _ O 01E ® ® O r.ir I rr Pr 9d ra r 4d er va er a yr y- I ad r a a e •i I�..a-- b13 J J - r rp' ,r r --' a 1 _ <I I II II. I N- d Ad- -D7 d— — a S fT -_ I NSP M lid Pa Pd d fa ,1 i • ® ® ® PN °„ ® ® ® ® ® ,OJ ,fb °. ,W 111 Eml R. -M IT] al x • � � I I I � I •i ' i_' ---- ----- ---- ---- -- 1— MNW4i5'SET80R q - I I P, b .I j g I I i • P1 li I I Pi P, 162 I EXHIBIT B VALET STACKING PLANS GARAGE LEVEL 2 54 ?a9-11 IT Sa MIN CK AIIN M 579°2159121599PL b • • • • • • • • • • • • • •�• • 4 V • MINIMUMSGET K - _ _ _ _ _ _ _ _ S1M E S�GE STORAGE $d ________W510'____ _ I y - i I � FFFI+111 ! I A8 94 747 P9-P 9a P-0'z- 4'Pa 8'd 8 ID9-iw I I ! o Total Vii.__..._._., m V • 250 parking stalls MECHhLEL. RM, �I 54 over-parked cars. SBIOSF I I Total capacity of 304 cars. J J— IN SID GE m1 s= o I III Podium Level —® ® I 12 parking stalls I 21 over-parked cars. w Podium total of 33 cars. • BTGR.4GE [Y.� I 11 x SF d 114k 124 I I Parking Garage Level 1 124 arkin stalls. 15 over-parked cars. • q 1 „ , ,� 0 f\\ a !I; 1 Level 1 total of 139 cars. '\ s� 989%6F 1n - FIREWATER BCOSTE _♦LI - �v — _ _-- I TANK w Iri sa a Pa Pa Pa 9a 0 ® � �; MSF A SIF I Parking Garage Level 2 g PLI SERA UQRRIOOR --- I"IPIL �• • 114 parking stalls s • I " °' NS h• 18 over-parked cars �9 Level 2 total of 129 cars. „s .,M M• 1 GS - _- J — 7�11.t q, Am. rc 4WDQ Iva STGE- 971 SF 9a Ifd i m • l p w ® 'I® ,n ® m ® vi zn n c 84' 9a 9a P6' ir 91 Ta Pa Ba 1 9-5_, �I I� I • � � -- _Nam = Na`_ _„•�' - .P,-�a-____I_ � -_ la 's I I 1 - .P 9 I 4 - 9q • ,9Oi 195 ® 1R1 ® 7 3,5 3,9 ® ® I Nil ® ® ® 1z1 • I VESTk - I I i I p 1 -- -- ---- -- -- -- - -- I - ---- ---- - b -- 2161 sFSTORAGE b J SII Ij _ of ® ozwo ,,, o ® ® ® s, ® ® IN, ® I RIX I h I I I dl - I- . .JI . yg MINIMUM 155ETBACK N F • � � i II II • e m 103 EXHIBIT C PRELIMINARY VALET STAFFING SCHEDULE Position Monday Tuesday Wednesday Thursday Friday Saturday Sunday REG Hours Attenclant Attendant 1 6a - 2:30p 6a - 2:30p 6a - 2:30p 6a - 2:30p 6a - 2:30p 6a 2:30p 6a - 2:30p 56.0 Attendant 2 6:30a - 3p 6:30a - 3p 6:30a - 3p 6:30a - 3p 6:30a - 3p • • 40.0 Attendant 3 7a - 3:30p 7a - 3:30p 7a - 3:30p 7a - 3:30p 7a - 3:30p 7a 3:30p 7a 3:30p 56.0 Attendant 4 11a - 7:30p 11a - 7:30p 11a - 7:30p 11a - 7:30p 11a - 7:30p 11a - 7:30p 11a 7:30p 56.0 Attendant S. 2p - 10:30p 2p - 10:30p 2p - 10:30p 2p - 10:30p 2p - 10:30p 2p - 10:30p 2p - 10:30p 56.0 Attendant 6 3p - 11:30p 3p - 11:30p 3p - 11:30p 3p - 11:30p 3p 11:30p 3p - 11:30p 3p - 11:30p 56.0 Attendant 7 3:30p - 12a 3:30p - 12a 3:30p - 12a 3:30p - 12a 3:30p - 12a • • 40.0 Attendant 8 10:30p - 6:30a 10:30p - 6:30a 10:30p - 6:30a 10:30p - 6:30a 10:30p - 6:30a 10:30p - 6:30a 10:30p - 6:30a 56.0 Sub-Total 416.0 Management/Off Manager 11 7:30a - 4p 7:30a - 4p 7:30a - 4p 7:30a - 4p 7:30a - 4p 7:30a - 4p 7:30a - 4p 56.0 Manager 21 4p - 12:30a 4p - 12:30a 4p - 12:30a 4p - 12:30a 4p - 12:30a 4p - 12:30a 4p - 12:30a 56.0 Sub-Total 112.0 Total 528.0 1C 4 Attachment No. PC 4 Fire and Delivery Truck Access Plan 2�5 V� QP �P 2�� R RELATED MUSEUM HOUSE FIRE TRUCK, MOVING TRUCK AND DELIVERY TRUCK CIRCULATION +a 4t ve II ! kffm S -- j e v. _yam FIRE TRUCK CIRCULATION In the case of an emergency,the Newport Beach Fire Department's trucks will access the site either through the motor court,or through the fire and delivery truck access lane located along the east edge of the property(the"Fire and Delivery Access Lane"). When entering the site through the motor court entrance,fire trucks can exit by turning around the water fountain at the center of the motor court and exiting through the main exist gates. When entering the site via the Fire and Delivery Access Lane,fire trucks have two options for how to exit. In the first option,the fire truck can pull into the Fire and Delivery Access Lane for a depth of up to 200 feet and then reverse back out of the lane and onto San Clemente Drive. Alternative,the fire truck can drive all the way to the end of the Fire and Delivery Access Lane and turn around at the circular turnaround. Exhibit A attached provides a diagram of the fire truck circulation paths. Exhibit A-1 attached provide a turning radius analysis for the fire truck at the motor court on dimensioned plans. Exhibit A-2 attached provides the dimensioned plans for the Fire and Delivery Access Lane. MOVING TRUCK AND DELIVERY TRUCK CIRCULATION Moving trucks and delivery trucks will access the site through the Fire and Delivery Access Lane. The moving and delivery trucks can tum around at the circular tum around at the northern end of the Fire and Delivery Access Lane. Thee moving trucks and delivery trucks can also stage at this turn around. Exhibit B attached provides an image of these truck circulations paths. Exhibit A-2 provides the dimensioned plans for the Fire and Delivery Access Lane. 207 EXHIBIT A FIRE DEPARTMENT TRUCK CIRCULATION PLANS VILLAS AT FASHION ISLAND SOUTNERLV ACCESS DRIVE I YN"?fLs[ieA3' .—.-•��..� .—._. —� — = — =—=—.—iiia —\—=_—� �Ef1 TURNABOUT I_ __ __ __ _ ___ __ __ _ I —' / % \\\\ SERVICE TRUCKS& Unm 1 I I I ! 1 t I I FIRE TRUCK TURNABOUT NOTE,CONVENIENCE LEVEL P1 ! S 11 jUTILITY - LOADING I SERVICE ZONE& w • \ 1 CONVENIENCE FIRE TRUCK TURNABOUT b I 1 I UTILITY \\ I I PERMITTED 1 i ___ul — i I STAGING AREA FOR SERVICE VEHICLELE GAItDENTIf DECK I CIRCULATION AMENTryoEeN Y -- �\ Lonolucl 1 1 MOVEN 10 `I ) ! I ! 2W FIRE OF RED ACCESS W I I EXTENT OF ROAD ELEC. 1 -L I REQUIRE02WFIRE 1 1 1 I i I - I TRABN BUILDING RM. RM. I ACCESS ROAD ' I I I L ` `-� j • 1• CORE FIRE F i I I E COMMAND ' r fE�ryy�, 1 I fI I VALET DROP-OFF FIREGAS. METER 1 ! l I 1 1 I I I i PNIDOPARw i I l i i - BTIIUCTuxE i t i MOTOR COURT i i i s 1 11 I I II III I I I I � I III I 1 I I I I 1 L_________ _____________________ 1 I II I j _____ • i SITE EGRESS SITE INGRESSSAN CLEMENTE DRIVE SITE IRESS _._ _ _ __ __ ___ _ __ ___ _ _ _ - — — _-- I i NG (RESIDENT VEHICULAR ACCESS) (FIRE ACCESS ROUTE Z) (SERVICEACCESS ROAD) i • I - _ SANTA MARIA DRIVE SITE INGRESS (FIRE ACCESS ROUTE 2) (SERVICE ACCESS ROAD) K��p w.. cinc�u+ow oi.onv., T,ine�vlcxtrxm�cc•uncuunon ouorvw EXHIBIT-2A RAMSA MVE OCMA SITE PLAN DIAGRAM- FIRE TRUCK 850 San Clemente Drive CIRCULATION G R E LAT E D w fl ROBERT AM.STFRN AACHITCCR } PARTNER S EXHIBIT A-1 FIRE DEPARTMENT TRUCK TURNING RADIUS ANALYSIS vs-Il it 5Q ffi41 I3' $Q MN MN SE 168 MAINTENANCE Sn-2755E ]591 F • ►saw a�-•-�•�a�.�a-tea—• • •�• •-�-• . . . =�. y f— — ----------------- —.-- ----- -- -- LEVEL PI WLk FOOTPRINTT • 1 OTENTIALREMOVAL II I • TRELLIS ... HACH FOR C�Qpypl�G ISEE LANDSG+f . III L------- k I� MEC REQUIRED SURE ' UNDERNEATHP LEVEL P H , I (SEE LEVEL PIf I I � I 9055E I IP 6m • _ NEW – —_ I I • MELH L — _ !I AM 641 SIRLgmI 1 WSF ffiIDM I I x{s3F II MES!! II E221 Q s ti SMMiTI�I! I I am • li = T ^'" P`+ Stout _ Itl{ 1 w •A w qPL n.SF — - - IPL BIKEM -11 Y �"�'%TDRO -ZFF �/ ��" 819SF �P < I I . • 1187 - 1 � u4.I Sn TAIF ADA PATH S - SE18AC • I � I 1 '- ��� b � ma �I� �I � I • LLSS MGTGRCD;Rr • I SEE LANOSCAE OR Na7 �1 - — S _ 4p bei ® I z 5155 SF DOD RUN ISEE UNDSCAI CONTkGLa01Nt \ I I I 9P J I ba • I I l IEN NCE41 _ e x PASWMQ. _I. I - _. - - ... T - PA H • I r - I I I 1. ^'I_ I w l mlwn+urns sETEACN — -— I L MENT SIGNAGE N]9'22'0] 23192' PL LEVEL 1 MONU 116=1'-0' ISEE LANDSCAPE DRAWINGSI' J. 1I —.-- - - _ L AM1- • ♦ MONUMENT SIGNAGE -1 - ISEELANOSCAPE OPAWW651 ----1---� SITE EORE33 91TE RE33 - ADACOA4Ll4NT PEDESTRIAN 11LJ/'J ACCESS' EXHIBIT A-2 FIRE AND DELIVERY ACCESS LANE DIMENSIONED PLANS r 1111' ---------------------- W W nr-w �+•� SID"71YEf1l.rr PL ;. YrYIIlY66E1&ACl( TRANafORNER r 11rar -/ ' U. L • -- = ages .I fu' I x\a\, •� � i � a aye 01] — j All"NOR . A I •t x �L .� 1. L I ® ® REOUWEO CIRE i1rR11ABClR • A4E SWligl __ I •-_- UNDERNEATH PODIUM AT LEVEL P• 1 x 3 - -STORAW -�� r�ESIo Mn•1 ® ® MSM x , ', . + 1 .1wm IPA SPACE 1160sr F37 FEE] Rpy I d W.l-T 11d. 5115E \y l I ' MFA ININTSCRNIAEANW4 -WIRY ILflECR CCRRNON EMEM I ' I • i 1 ' �� I , � ^ �I I I • LEVELrASL). SE MEASURSCRW EVE WOUND LL •i ��5 � nNSHw xPw+E Fv) AMplillon ei'a ,Sr 10 RPffY .6- 1 . A. MI0 ,,�< SEaGCE cbaRmoR _ f ! ME\` ® , `� -n-� • „ is 613W T t --------°R -- m, ZGIS III �- ISa rd rd r0 rd 1 ® 4 m0 ME'ERS gg v � • ,N Id rd Id 1 \ a O _ Maar _ -__} Ig�gS• • _ ® MEp11 I II 75TOA/'%/SFE •I a s © O em (w] ' I _ — -- -- - — '7 — — — VALET"qm — — - '-- a.^csrucl •; ® ® o ® P» ml ® ® � m] i s 0 [ ' � -1 ®� ® o I liallI WW !I , P I I• •II �I Ii ® ® ® ® e» ® OO ® � ® 1 ® 1 ata o EniLJ ® O s.lr g We - I ' :go Id r4 rd Pd rd P4 Idrd Pd y -' 11 ed fd i •I (W'.1 - ------------- ra ed k ra Pd ra• 1" Pd ra ed rd rd Ifd ea ra ed a r�• ra nww i I 11 l T aM ® ® am au on uo ® ® ® ® im �m �°�' ® u�' 'Q'A ne 'w m I I • 11 �BT R. .aq I I I • 11 nll ' El Oa © © aa a ® D '. ® ® ® '1eII M a„ 11 I •I �- — — -' - - - — ' — ' — - - - - — - — - — - — - — - — ' — - — -- - --I _ I uxrw lssEreAu 6 EPA b • • w i jam.�.�.�•�. ..........ate. ................•.•ate• 3 I 170 EXHIBIT B MOVING AND DELIVERY TRUCK CIRCULATION DIAGRAM FASHIONISLAND SOUTHERLY ACCESS DRIVE ------------------- T - - - - - - - - - - - - - - -r I —___—__. —_______________y-wvo°�s__-- ire_ _____________r I I I y UTILITY ill I I I NOTE:CONVENIENCE FIRE TRUCK TURNABOUT w 'f LEVEL P1 I > 1 ° rUTILITY I LOADING I SERVICE ZONE& I I I CONVENIENCE FIRE TRUCK TURNABOUT i J I I m UTILITY ' — S PERMITTED ------ STAGING AREA FOR • I ' ' SERVICEVEHICLE I) GARDEN TERRACI I CIRCULATION AMENITY DECK I LoADINGI O I I i I MOVHN I o I I I I TRASH ELEC. • 1-_� _ __ - I I RM. RM.BUILDING CORE FIRE I COMMAND I it NO PARKING ZONE FIRE PUMP GAS RM. METERS 1 I VALET I I I � i DROP-0FF I ° 11 I I PISCO PARKING I I • I I I i I STRUCTURE I I I II I i I I I MOTOR COURT I I I I I I I I I S I � 1 I � � I I • I ill I I � I ------------------------------------- T'aTo — — . — . — . L _ SITE EGRESS —1 `_------------- SAN .__._._._._SAN CLEMENTE DRIVE (FIRE ACCESS ROUTE 2) (SERVICE ACCESS ROAD) ......................... I I �SMITA WRIT" DRIVE (FIRE ACCESS ROUTE 2) (SERVICE ACCESS ROAD) OVERALLLIEPLW GRCUTATKM M4RIM T,tllNl(IEUIeVIl Mt 6FNNUlI.YNI:UUIIWW UNUMIL u Halm.f �) EXHIBIT-211 n A A A �� O A SITE PLAN DIAGRAM- SERVICE TRUCK R('�1�/ JMWJ 850 San Clemente Drive r RELATED ROBERT AM6TERN ARCHRFCT6 "'"'""°`""" CIRCULATION } PARTNFR6 1�1 V� QP �P 2�� Attachment No. PC 5 Map H-1 High Rise and Shoreline Height Limitation 17S V� QP �P �- wwuvp iii���,� s --..._rr��. ,-■ �t � - 101 mill, nn��e y oma' 414- MMI 111112-INS C L On IF M 'M ff !?_ 1adiy(IIII uIII I �^- CWW('�Ii�I%i}}IIorIIi �1,�►�Z►` �' �aF Ii}kI�i II tk pJ%/ OIi�iii High Rise and Shoreline HeightN V� QP �P 2�� Attachment No. PC 6 Current Statistical Area L1 Section 423 Table 277 V� QP �P z�g PORr City of Newport Beach U Charter Section 423 Tracking Table C941FOft Statistical Area L3(Newport Center) Post 2006 General Plan Amendments Approved Land Use Element July 1, 2015 (Updated April 15, 2016) Project Name Date Project/GPA Amendment Square Footage Dwelling Unit AM Peak Hour PM Peak Hour Address Approved Number Description Change Change Trip Change Trip Change Civic Center and Park Site' 11/25/2008 PA2008-152 Open Space (OS)to N/A 0 N/A N/A GP2008-005 Public Facilities (PF) Newport Beach Country Club 1/24/2012 PA2008-152 Parks and recreation 21,000 0 N/A N/A (Clubhouse) GP2008-005 (PR)- No Change 100%Totals 21,000 0 0 0 80%Totals 16,800 0 0 0 Remaining Capacity Without 23,200 100 100 100 Vote GPA—General Plan Amendment CLUP—Coastal Land Use Plan 100%Totals—Cumulative increases resulting from approved GPXs. 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. ��q V� QP �P zgo Attachment No. PC 7 Newport Center Building Height Exhibits 121 V� QP �P 2g� ` t,`.``,}('r E' � `,.. -\ '1' 'tel. .. • j '�a�+..;�'� � `^�' :.D.` '. *• ' w 21 .9 ft s �� 25 ft Range 61-65 ft- 30 Y21 ft p ` ' 46 ft 24.5 d ft 61 ft 16.8 ft �` 1 _ 36.5 ft roof '� 56.1 fty t 51 .5 elevator k 14.5 ft '246 ft» � ' Project a Range Site 12 ft �� ��' ♦ 49-59 ft .� s h'. j t . �} ; v,► 217 ft r � i 80 ft 298 ft J. 7122�ft l p^pTPyy �E3 Building Heights - North Portion of Newport Center City of Newport Beach 0 250 500 GIS Division Feet October 12,2016 PA201 5-152_Museum_House_ALUC_Heights.mxd MUSEUM HOUSE DRAFT EIR CITY OF NEWPORT BEACH Figure 5.1-2 - High-Rise Buildings in Project Area 5. Environmental Analysis Villas at Fashion Island 660 Newport Center Dr ction) feet Ernst (Under Constru Island Hotel PIMCO Building Proposed Tower 690 Newport Center Dr 482 feet Ernst 425 feet Ernst 650 Newport Center Dr '- . 524 feet arnsl 620 Newport Center Dr feet Ernst The Colon i � "+ Colony •.* _ l'. 610 Newport Center Dr 492 feet amsl It i ;a _ rpt •° �• ,._ Fashion Island �•• � _;� ' Shopping Cen[er �•1~ �-' NOT TO SCALE Project Boundary Base Map Source:Google Earth Pro,2016 224 Fashion Island Skyline HIGHEST DATUM OF HEIGHT DATUM OF NEWPORT CENTER PROPOSED BUILDING r o V , LO r � � ________—_--_ 04 _—_—_—_—_—_ _—_CJ _—_—_—_—_—_---_C:) _—___—_—_— ____ _—_—_—_—_ _____ CD O R d � N M 0? N 9 N R O - p r En N O N N N O CNN 216'-3" 230'-0" I 225'-0" I 220'-5" I 224'-11" 220'-0" I I 18T-0" I 1 I I 1 I I I 1 1 I I I PROJECT SITE: OFFICE BUILDING ISLAND HOTEL OFFICE BUILDING OFFICE BUILDING OFFICE BUILDING OFFICE BUILDING 850 SAN CLEMENTE DR. 660 NEWPORT CENTER DR. 690 NEWPORT CENTER DR. 630 NEWPORT CENTER DR. 620 NEWPORT CENTER DR. 610 NEWPORT CENTER DR. 520 NEWPORT CENTER DR. Museum House will appear significantly shorter than other buildings in the Fashion Island skyline: ■ -58 feet shorter than 520 Newport Center Drive (TIC). ■ �42 feet shorter than 630 Newport Center Drive (PIMCO). ■ - 10 feet shorter than 610 Newport Center Drive. ■ About as tall as 620 and 660 Newport Center Drive. Museum House is 295 feet tall to the top of the rooftop mechanical enclosure. ■ 520 Newport Center Drive is 315 feet tall - 20 feet taller than Museum House. ■ 630 Newport Center Drive is 294 feet tall - approximately the same height as Museum House. r R E LAT E D Museum House Newpor Beach Fashion Island Skyline LEGEND ` • f !rd v r d.• f Skyline Building Height In Relationship ' D ti0 A ._ _ y . ' �.... To 850 San Clemente Dr `�o' '^f r/ '.`�` "' •t (-)11•-5•• t,` �� i1 C� � �•'�:- eft ��•�'ly��?�^,� . • r +t�/ r . war . � `; =i S D • _„f' " 56 911 1 .Q . ,.v - a s- (+)42'-0" ' NC � X. L% - '.1 �' (+) 10.7 � 4k'�,� 00 ( - r + 1 ��. -- Z..E •1 62 i Ni List'/.+ •_ ' a+.�4�'�ya _ r`t -.;.•a i `i +y� _ gip• ... �% 'l 4ni N 7. -_Ilk `-• � -•�" �y i, SII A , ' R,A'• t '\ 4 - _y Z'- J - tis,/ �fr,s_.'q'4'.yYP,`[-[y _d A� � � f" l.� , . A�'a�.,��'(Y,`a�a�a�♦' „r_`/,j 'i � .•�' ��'� ���f � 4'vl ' -S' i lI r 7R'Y:j - - •i�� +�' ,' .Vs/'S"5't.l.i� fA AL r R E LAT E D Museum House Newpoo Beach Attachment No. PC 8 Fiscal Impact Analysis 127 V� QP �P egg MEMO TO: Brenda Wisneski, AICP, Deputy Community Development Director City of Newport Beach FROM: Doug Svensson, AICP DATE: August 23, 2016 SUBJECT: Fiscal Analysis for the Museum House Project 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-AQ-411L ,N 99 Pacific Street, #200 J, Monterey, CA 93940 831.324.4896 www.adeusa.com 1 g9 GREEN BUSINESS 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 replace the existing Orange County Museum of Art building with a 26- story 100 unit residential condominium tower with two levels of subterranean parking. The residential units are proposed to consist of 54 2 bedroom/3 bath units and 46 3 bedroom/4 bath units ranging in size from 1,750 to 4,950 sq. ft. The site is located at 850 San Clemente Drive in Newport Center and is approximately two acres in size. PROJECT ALTERNATIVES The fiscal analysis analyzes the same project alternatives as the DEIR. The alternatives include the existing museum use on the site, an expanded museum as allowed under the existing General Plan, and a reduced density residential project including 90 units. No Project: Existing Use. The existing use is the 23,632 sq. ft. Orange County Art Museum. General Plan Alternative. This alternative would continue the institutional use permitted under the General Plan, but would assume that the existing museum would expand to the maximum building footprint allowed under current zoning (calculated at 31,538 sq. ft. Reduced Dwelling Units Alternative. This alternative reduces the height of the building by 24 feet and removes ten units from the proposed project. This development would have 90 units, which ADE has assumed would be similar to the two and three bedroom units in the proposed project. 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, assessed value, and household spending on taxable retail goods in Newport Beach. 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 224 persons. The assessed value for the proposed project has been derived from projected sales values based on recent real estate transactions in Newport Beach. A review of recent new home construction in Newport Beach identifies a number of units priced above $1,000 per sq. ft. The total residential assessed value in the project is estimated at $364.1 million, for an average of$3.64 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 Applied Development Economics I Page 2 :L9 L) property taxes for the City. The alternatives may feature units with lower average values, but for sake of consistency ADE has assumed all of the residential alternatives would serve the same high end market levels as the proposed project. TABLE 2: ESTIMATED ASSESSED VALUES FOR THE RESIDENTIAL UNITS IN THE MUSEUM HOUSE PROJECT N TOTAL AVERAGE NO.OF ASSESSED VALUE ASSESSED UNIT TYPE UNITSIZE UNITS AV�SQ.FT. PER UNIT VALUE Proposed Project 2 bedroom/3 bath 2,850 54 $1,100 $3,135,000 $169,290,000 3 bedroom/4 bath 3,850 46 $1,100 $4,235,000 194 810 000 Total 100 $364,100,000 Source:ADE,Inc., based on the project description in the DEIR and data collected from CoreLogic. 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 purchase. 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 $419,000 to $566,100 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. TABLE 3: ESTIMATED HOUSEHOLD INCOME AND RETAIL TALES TAX MONTHLY ANNUAL MORTGAGE INCOME SALES TAX UNIT TYPE UNIT VALUE PAYMENT @30% PER UNIT 2 bedroom/3 bath $3,135,000 $10,477 $419,075 489 3 bedroom/4 bath $4,235,000 $14,153 $566,119 $660 Source:ADE,Inc. Applied Development Economics I Page 3 291 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 alternative, 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. PROPOSEDTABLE 4: PROJECTED FISCAL IMPACT OF THE NEWPORT , THE ALTERNATIVES Annual Revenues/Costs Proposed No Expanded Reduced Bud et Category Project Project Museum DensitV REVENUES GENERALFUND Property Tax $728,200 $0 $0 $655,380 Property Tax in lieu of Vehicle License Fees $72,173 $0 $0 $64,956 Sales Tax $56,741 $2,363 $3,154 $50,999 Transient Occupancy Tax $104 $0 $0 $93 Franchise Fees $4,109 $748 $998 $3,698 Business Licenses $1,604 $0 $0 $1,444 Other Intergovernmental $2,045 $0 $0 $1,840 Charges for Service $17,376 $1,833 $2,446 $15,638 Fines, Penalties, and Forfeitures $4,641 $490 $653 $4,177 Licenses and Permits $797 $84 $112 $717 Use of Property $4,641 $490 $653 $4,177 Other Revenue $470 $0 $0 $423 Interest Income $2,496 17 22 $2,247 SUBTOTAL GENERAL FUND $895,398 $6,024 $8,040 $805,789 GAS TAX $4,762 $0 $0 $4,286 MEASURE M $8,673 361 482 $7,796 SUBTOTAL OTHER FUNDS $13,436 361 482 12 082 TOTAL REVENUE $908,833 $6,386 $8,52 EXPENDITURES GENERALFUND General Government $25,208 $1,292 $1,724 $22,687 Police $59,120 $4,691 $6,260 $53,208 Fire $115,938 $4,388 $5,856 $104,344 Public Works $42,956 $4,532 $6,048 $38,661 Community Development $2,669 $282 $376 $2,402 Community Services $50,421 $0 $0 $45,379 CIP Streets $2,356 $495 $660 $2,121 Other CIP Projects 800 84 113 720 SUBTOTAL GENERAL FUND $299,468 $15,763 $21,037 $269,521 GAS TAX $1,257 $264 $352 $1,131 MEASURE M 2,013 423 564 $1,812 SUBTOTAL OTHER FUNDS 1 $3,270 $687 1 $916 $2,943 WbTAL EXPENDITURES $ 302 738 $16,450 $21,95 272,464 NET COST /REVENUE $606,095 $10,064 $13,431 $545,406 Source:ADE,Inc. Note: Totals may not add due to rounding. The proposed project and the residential alternative have a much higher fiscal benefit than the non- residential alternatives. In terms of City costs, the DEIR indicates that the proposed project would not Applied Development Economics IPage 4 192 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 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. In addition, the project would pay approximately $102,800 in excise tax to the City which would be available to pay for public improvements and facilities for fire services, parks or libraries. The proposed project would generate the most revenue for the City and would have a proportionally higher net fiscal benefit, of about $606,100 per year, compared to $545,400 for the 90-unit Reduced Dwelling Unit and Height alternative. The existing museum use and the potential expanded museum, do not generate much tax or fee revenue for the City. As an institutional use, it is exempt from property taxes. There is some sales tax generated in the store at the museum and possibly additional sales taxes if museum patrons frequent local restaurants in connection with their visits. While the museum is not subject to many of the taxes and fees that other businesses would be, the activity at the museum does have some potential to generate costs for City services. The museum attracts traffic and patrons and there could be related emergency medical and police protection calls, although it is likely such incidents are rare. The City Fire Department does provide fire protection services to the facility, if needed. Overall, institutional uses generally do not generate positive net fiscal revenues for the City, but instead have other benefits for the community and its residents. 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 alternative would also produce positive fiscal impacts provided it is developed for the same socioeconomic level as the proposed project. The 2006 General Plan designated the site for non-residential use, consistent with the existing museum use. These institutional alternatives would also have a slightly negative, or at least neutral, fiscal benefit. 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.2 Due to the high market level targeted by the proposed project, it would exceed the fiscal benefit from the institutional use of the site under the existing General Plan. Z Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014. p. 3. Applied Development Economics I Page 5 :L°3 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum HousrL'TRt@bi'Efe1r1tla1T"ftt (PA2015-152) COMMUNITY DEVELOPMENT DEPARTMENT F f 100 Civic Center Drive Newport Beach,California 92660 d� 949 644-3200 41roftN newportheachca.gov/communitydevelopment Memorandum To: Planning Commission From: Kim Brandt, Community Development Director Date: October 18, 2016 Re: Draft Development Agreement for the Museum House Residential Project Supplemental Information for Agenda Item No. 4 October 20, 2016 Meeting 850 San Clemente Drive (PA2015-152) Attached for your review and consideration is the draft Development Agreement for the Museum House project. The applicant has agreed to pay the City a public benefit fee of $71,100 per unit, for a total of $7,110,000 based on the requested 100 units. Please note that the timing of the fee payment to the City is still under negotiation. Furthermore, as discussed in the staff report, the Orange County Museum of Art had agreed to donate the 0.9-acre parcel located at 856 San Clemente Drive to the City with a 5-year provision to lease the property back for $1.00 per year. The donation agreement, which will be attached to the development agreement, is currently being finalized, and it will be provided to the Planning Commission as soon as possible. The proposed agreement term is for ten (10) years with one 5-year extension. Attachment: Draft Development Agreement Community Development Dep Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential PrH1&WA2015-152) 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 between CITY OF NEWPORT BEACH, OCMA URBAN HOUSING, LLC, and ORANGE COUNTY MUSEUM OF ART concerning 850 & 856 SAN CLEMENTE DRIVE -1- Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) DEVELOPMENT AGREEMENT (Pursuant to Newport Beach Municipal Code Chapter 15.45 and California Government Code Sections 65864-65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is dated for reference purposes as of the day of , 2016 ("Agreement Date"), and is being entered into by and between the CITY OF NEWPORT BEACH ("City"), OCMA URBAN HOUSING, LLC ("Developer"), and the ORANGE COUNTY MUSEUM OF ART ("OCMA"). City, Developer, and OCMA are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party." RECITALS A. Developer is in the process of purchasing that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as the 1.99- acre Museum House project site, located at 850 San Clemente Drive (APN # 442-261-05), and generally bounded by Santa Cruz Drive on the east, San Clemente Drive on the south, and Santa Barbara Drive to the west ("Property"). As of the Agreement Date, the Property is owned by OCMA, a California nonprofit public benefit corporation, but Developer has a legal or equitable interest in the Property and therefore is authorized to enter into this Agreement pursuant to Government Code Section 65865 and Newport Beach Municipal Code Chapter 15.45. 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. OCMA owns that certain real property located in the City of Newport Beach, County of Orange, State of California commonly referred to as the 0.9-acre parcel, located at 856 San Clemente Drive (APN # 442-261-17), and generally bounded by Santa Cruz Drive on the east, San Clemente Drive on the south, and Santa Barbara Drive to the west ("0.9 Acre Parcel"). The 0.9 Acre Parcel is more particularly described in the legal description attached hereto as Exhibit C and is depicted on the site map attached hereto as Exhibit B. As part of this Agreement, and pursuant to that certain Donation Agreement attached hereto as Exhibit D, OCMA intends to donate the 0.9 Acre Parcel to the City. C. 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 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 ("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. D. 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" ("Development Agreement Ordinance"). This Agreement is consistent with the Development Agreement Ordinance. 1 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) E. As detailed in Section 4 of this Agreement and the Development Plans (as defined herein), and in consideration of the significant benefits outlined in this Agreement, Developer has agreed to pay a Public Benefit Fee (as defined herein) in the sum of seventy-one thousand and one-hundred dollars ($71,100) per residential dwelling unit, or seven-million, one-hundred and ten thousand dollars ($7,110,000) for the one-hundred (100) residential dwelling units proposed by the Project (as defined herein). Developer shall pay the Public Benefit Fee to the City as follows: F. This Agreement is consistent with the City of Newport Beach General Plan, including, without limitation, the Property's proposed "Multiple Residential (RM-100)" General Plan designation that is being adopted and approved by the City Council concurrently with its approval of this Agreement to establish appropriate standards 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 as of the date of this Agreement; (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, the City's police power; (iv) is consistent and has been approved consistent with the Project's final Environmental Impact Report (SCH# 2016021023) ('TIR") that has been certified by the City Council on or before the Agreement Date, 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) is consistent and 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. 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. ("Adopting Ordinance"), finding this Agreement consistent with the City of Newport Beach General Plan and approving this Agreement. AGREEMENT NOW, THEREFORE, City and Developer agree as follows: 1. Defmitions. 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: "0.9 Acre Parcel" is located at 856 San Clemente Drive in the City, as described in Exhibit C and depicted on Exhibit B. 2 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) "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. "Aereement" shall mean this Development Agreement, as the same may be amended from time to time. "Agreement Date" shall mean the date first written above, which date is the date the City Council adopted the Adopting Ordinance. "CEOA" 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 municipal corporation and 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. "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 OCMA Urban Housing, LLC, a California limited liability corporation, and any successor or assignee to all or any portion of its right, title, and/or interest in and to ownership of all or a portion of the Property and/or the Project. 3 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) "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. 2015-001 (amending the land use designation from Private Institutional (PI) to Multiple Residential (RM-100) with a maximum development limit of 100 units); (3) San Joaquin Planned Community Development Plan Amendment No. PD 2015-001 (amending the San Joaquin Plaza Planned Community land use designation from Civic/Cultural/Professional/Office to Multi-Unit Residential and to allow new residential development standards including a 300-foot height limit); (4) Vesting Tentative Tract Map No. NT 2016-001; (5) Traffic Study No. TS 2015-004; (6) Site Development Review No. SD2016-001); (7) the EIR (State Clearinghouse No. 2016021023); 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 Effective Date 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 Effective Date that affects the Development of the Property, 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 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 the 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. 4 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) "Effective Date" shall mean the latest of all of the following occurring: (i) the date that is thirty (30) calendar days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before the Agreement Date 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 the Development Regulations; (iii) if a lawsuit is timely filed challenging the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan, and/or any of the Development Regulations approved on or before the Agreement Date, the date on which said challenge is finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan, 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; or (iv) the date on which title to the Property has been transferred to, and vested in, Developer as evidenced by an instrument duly recorded with the Office of the County Recorder of the County of Orange. 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. "Environmental Laws" means all federal, state, regional, county, municipal, and local laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, 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. Sections 9601, et seg., 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 sec., 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 sem., 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 see ., 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 ct seq., 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 seg. "General Plan" shall mean City's 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006-76, and any amendments to the 2006 General Plan that became effective before the Effective Date. The term "General Plan" shall exclude any amendments that became effective after the Effective Date 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. 5 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) "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. "Mortaaae" 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. "Morteaace" 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, OCMA or Developer or all three, as determined by the context. "Project" shall mean all on-site and off-site improvements, including a 100-unit residential condominium tower at the Property measuring approximately 295 feet in height (25 stories) as well as all ancillary uses, such as club rooms, fitness facilities, lobbies, business services, amenities, and other building services, 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. "Property" is located at 850 San Clemente Drive in the City, as described in Exhibit A and depicted on Exhibit B. "Public Benefit Fee" shall have the meaning ascribed in Section 3.1 of this Agreement. "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 Agreement Date 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 Tenn 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. 6 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 approximately one-hundred and eighty (180) calendar days following 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; and (vi) that neither Developer nor any co-owner comprising Developer is currently 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. 2.4 Tenn. The term of this Agreement ("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 any 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 Agreement Date 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 Agreement Date 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 7 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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, unless such date has been extended in accordance with Section 5.1 of this Agreement; (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 seventy-one thousand and one-hundred dollars ($71,100) per residential dwelling unit, or seven-million, one-hundred and ten thousand dollars ($7,110,000) for the Project's one-hundred (100) residential dwelling units, with the unpaid balance of said Public Benefit Fee increased beginning on January ls` following the _ anniversary of the Effective Date by the percentage increase in the CPI Index between the Effective Date and said January 1 sc date (the first "Adjustment Date") and thereafter with the unpaid balance of said Public Benefit Fee increased on each subsequent January I" during the Term of this Agreement (each, an "Adjustment Date") by the percentage increase in the CPI Index in the year prior to the applicable 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 Effective Date of this Agreement falls on July 1 and the most recently available CPI Index figure on the first Adjustment Date (January 1 of the following year) is the CPI Index for November of the preceding year, the percentage increase in the CPI Index for that partial year (a 6-month period) shall be calculated by comparing the CPI Index for November of the preceding year with the CPI Index for May of the preceding year (a 6-month period). In no event, however, shall application of the CPI Index reduce the amount of the Public Benefit Fee (or unpaid portion thereof) below the amount in effect prior to any applicable 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. 8 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) The Developer shall pay the Public Benefit Fee to the City as follows: . The City has not designated a specific project or purpose for the Public Benefit Fee. 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 vested 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 the Public Benefit 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 shall fail to timely pay any portion of the Public Benefit Fee when due, City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project. 3.2 0.9 Acre Parcel Donation As part of this Agreement, and pursuant to that certain Donation Agreement attached hereto as Exhibit D, OCMA shall execute a quitclaim deed to donate the 0.9 Acre Parcel to the City within thirty (30) days of the Effective Date. The City affirms that no physical redevelopment of the 0.9 Acre Parcel is contemplated as of the Agreement Date, and that the City intends to continue to operate the 0.9 Acre Parcel in a manner consistent with its operations on the Agreement Date for the foreseeable future. To the extent that the City may wish to change the use or development of the 0.9 Acre Parcel at a currently-unforeseen point in the future, such a change would be required to adhere to all applicable development controls, including but not limited to Title 20 of the Municipal Code(planning, zoning and density bonus), the California Environmental Quality Act (California Public Resources Code sections 21000- 21177) and CEQA's implementing regulations as promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14,section 15000 et seq.). 3.3 Other Public Benefits. In addition to the Public Benefit Fee and the 0.9 Acre Parcel donation, the direct and indirect benefits City expects to receive pursuant to this Development Agreement are as follows: 3.3.1 In-Lieu of Park Land Dedication Fee and On-Site Private Recreational Amenities. Based upon the anticipated number of residents at the Project, the City calculated that Developer's park land dedication for the Project pursuant to the City General Plan, Government Code Section 66477 ("Quimby Act") and Newport Beach Municipal Code Chapter 19.52 at 1.1 acres. City acknowledges that Developer shall be eligible to receive credit against the payment of fees or dedication of land consistent with the General Plan, Quimby Act and Newport Beach Municipal Code Chapter 19.52. As of the Agreement Date, the City's established fair market value per acre is $2,500,000, and this shall be used in assessing in-lieu of park dedication fees and credit. 3.3.1.1. Credit for Private Recreational Amenities. Developer shall construct and improve private recreational amenities pursuant to the Development Plan. Private recreational amenities shall be privately owned and maintained in perpetuity by Developer or 9 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) any governing homeowners' association. For private recreational amenities, Developer may be eligible to receive up to twenty percent (20%) credit against the payment of City fees (e.g., Park In-Lieu Fees) or dedication of land in exchange for the provision of private recreational amenities consistent with Newport Beach Municipal Code Chapter 19.52. The dollar amount of the credit shall be based on land value established by multiplying the eligible acreage by Two Million Five Hundred Thousand Dollars ($2,500,000). 3.3.1.2. Payment of Park In-Lieu Fees. In-lieu of parkland dedication fees ("Park In-Lieu Fees") shall be paid to the City on a per unit basis prior to the issuance of a certificate of occupancy for such unit. The fee amount for Park In-Lieu Fees shall be calculated on a per-unit basis consistent with Newport Beach Municipal Code Chapter 19.52. 3.3.2 Bond Financing of Public Improvements and Fees. City and Developer may cooperate in good faith with each other in connection with the formation of, or annexation into, an assessment district or community facilities district, if any, to facilitate bond financing of eligible public improvements and development impact fees. 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 the City's discretion with respect to (i) those review and approval requirements contained in the Development Regulations, (ii) the 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 in connection with the Subsequent Development Approvals, the City reserves its full discretion to the same extent that it 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 (i.e., non-City) 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 Agreement Date. 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 10 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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, without amending this Agreement, 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 the existing tentative tract map, 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. 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 or Developer consents in writing. 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 Authority. 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. 11 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 4.3.1 Procedural Regulations. Unless otherwise specified in this Agreement, 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 Processin¢ 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 Developer, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due. 4.3.2.1 Vested Development Impact Fees. All City development impact fees and fee in lieu of parkland dedication fees shall be fixed at the rates in place on the Agreement Date as shown on attached Exhibit E. Fees and charges levied by any other (i.e., non-City) governmental agency or public utility company with jurisdiction over the Property or the Project shall not be fixed in place by the Development Agreement. 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; provided except where the extent the timing, value, scope and/or extent of a particular Development Exaction for the Project has been established and fixed by City in this Agreement, the Project's conditions of approval, or the Development Regulations. City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with this Agreement, the Project's conditions of approval, or the Development Regulations without Developer's prior written consent or as may be otherwise required pursuant to overriding federal or state laws or regulations (Section 4.3.5 below). 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, 12 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 or Developer 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 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 Utility 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, 13 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 Mans 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 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 Minor Modifications of, and Amendments to, of this Agreement under Section 4.1 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 Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by City in the event of an uncured default of Developer. 5.1 Extension. Developer may request up to, and upon receipt of a written request from Developer, City shall grant one (1) five (5) year extension to extend the Term of this Agreement for a total of five (5) additional years provided that Developer has timely submitted its written request to extend this Agreement prior to its expiration and that Developer is not in default of this Agreement. 6. Enforcement. Unless amended or canceled pursuant to California Government Code Section 65868, Newport Beach Municipal Code Section 15.45.070, or modified or suspended pursuant to Newport Beach Municipal Code Chapter 15.45 or California Government Code Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, this Agreement shall be enforceable by any 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 14 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 Zoning Administrator 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 Zoning Administrator finds that Developer has so complied, the annual review shall be concluded. If the Zoning Administrator 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 Zoning Administrator'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. 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 (twenty (20) 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 ("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 15 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 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 in writing. 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. 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 ninety (90) 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 legal or equitable remedy available to it, 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 any 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. 16 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 any Parry 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. 8.9 No Personal Liability of City Officials, Employees, or Agents. 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 Party in Any 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. 17 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 9. Force Majeure. No 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 Indemnity Arising From Acts or Omissions of Developer. Except to the extent caused by the intentional misconduct or negligent acts, errors or omissions 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 Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.2 Third Party Litigation. 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 Plan approvals 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. 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 reasonable 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 18 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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). No settlement of any Claim against City or City's Affiliated Parties shall be executed without the written consent of both the City and Developer. The indemnity provisions in this Section 10.2 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date. 10.3 Environmental Indemnity. 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 Agreement Date until the Termination Date; provided, however, that no such Transfer shall violate the provisions of 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, 19 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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, without Developer's written consent. 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. 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 MortfZagee 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. 20 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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. 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 21 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) With a copy to: City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 TO DEVELOPER: Mr. Gino Canori OCMA Urban Housing, LLC 18201 Von Karman Avenue, Suite 900 Irvine, California 92912 With a copy to: Sean Matsler, Esq. Manatt, Phelps &Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, California 92626 TO OCMA: Mr. Todd Smith Orange County Museum Of Art 850 San Clemente Drive Newport Beach, CA 92660 Any Party may change the address stated in this Section 13.1 by delivering notice to the other Parties in the manner provided in this Section 13.1, and thereafter notices to such Party or Parties 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 (ii) three business days after deposit in the mail as provided above. 13.2 Proiect as Private Undertaking. The Development of the Project is a private undertaking. Neither the Developer nor the City is acting as the agent of the other in any respect, and each is an independent contracting entity with respect to the terns, 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. 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, any 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 22 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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. The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty(30) days following receipt. 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. 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 no 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 23 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 any Party. 13.12 Successors and Assi,ens; 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 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 24 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 and 0.9 Acre Parcel C Legal Description of 0.9 Acre Parcel D 0.9 Acre Parcel Donation Agreement E Schedule of Development Impact Fees 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. d [SIGNATURE PAGE FOLLOWS] 25 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) SIGNATURE PAGE TO DEVELOPMENT AGREEMENT "DEVELOPER" OCMA Urban Housing, LLC a California limited liability corporation By: Name: Title: "OCMA" By: Name: Title: "CITY" CITY OF NEWPORT BEACH By: Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney 26 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential P0#A1E(PA2015-152) ACKNOWLEDGEMENTS 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 On before me, (here insert name and title of the officer) 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 (Seal) 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 On before me, (here insert name and title of the officer) 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 (Seal) -27- Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) 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 2 OF THE PARCEL MAP, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 81. PAGES 8 AND 9. OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS,INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID 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 SAID LAND, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED FEBRUARY 28, 1977,IN BOOK 12085,PAGE 1561,OF OFFICIAL RECORDS. APN:442-261-05 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) EXHIBIT B DEPICTION OF PROPERTY AND 0.9 ACRE PARCEL na Me,1.OelnpNmbbeva ciuriri enu or b.se.m. M1.I.IndescM.tl lNtl In.[.tion 1.adjoining an...and aN.r o /d surds no Como•m doe.ne[pu.rurt..or....one. 442442-L1 FAQ dlrhnc..earnings,sera gesused Nacaon,nor is Irilbri to llWaeR.1.1.1 emmmp ai or....read.Cay or �p Coun[y ordinances I.zoning and building code.,aft � T� tY d o111aI.I Mocmaden concerns,M....of arty piishould � Y' as o be Wageri nerd locale ro.mm.nuoloodi /RV/RE ppIVC i or eor arvar i zsi � y5 aaa r O p u.I rw&K. 5.5 tae . r. �4 ' [ 11 a.arnwl9 w a ai Ir 1.cri fa�w .a ae ta�s In yy�g rdo. IJr2 O fM.afelYg SNE �p ti v:'i -r33533YY 6 - ✓ l *\ , lRYIAf Nd Y.Y. 1-Y9 Sxd.FPARCE1:NN lCMft CC3 ,..f 1.n r4 Ali 1978 [MCI 0. 1'Leona:Y.Y. 1J9-1f ra 11 Fe, �i met M9.19128 Y.Y. 87JJ.If.Q .SSLSSY'S MY PAIll MP P.Y. 81 M.IM?5.175-12 3^.a1 992 epee 26 •S 1' 'v cvyr.r»pu55 _ II 1 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) EXHIBIT C LEGAL DESCRIPTION OF 0.9 ACRE PARCEL THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2,AS SHOWN ON EXHIBIT "B" OF CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT, N.B.L.L.A. 95.3, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED OCTOBER 31, 1995, AS INSTRUMENT NO. 19950483821, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS,INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND,OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID 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 SAID LAND AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED NOVEMBER 22, 1995,AS INSTRUMENT NO. 19950519960.OF OFFICIAL RECORDS. EXCEPT ANY AND ALL WATER RIGHTS OR INTERESTS THEREIN APPURTENANT OR RELATING TO THE LAND OR WITH RESPECT TO THE LAND, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE,ADJUDICATED,STATUTORY OR CONTRACTUAL, TOGETHER WITH THE RIGHT AND POWER TO DRILL, REDRILL, STORE IN AND REMOVE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER RIGHTS OR INTEREST ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR,BUT WITHOUT,HOWEVER ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED BY THE IRVINE COMPANY IN THE DEED RECORDED NOVEMBER 22, 1995, AS INSTRUMENT NO. 19950519960, OF OFFICIAL RECORDS. PARCEL B: AN APPURTENANT NON-EXCLUSIVE JOINT ACCESS EASEMENT FOR ACCESS,INGRESS AND EGRESS OVER THAT PORTION OF PARCEL I AS SHOWN ON EXHIBIT "B" OF CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT N.B.L.L.A. 95-3, RECORDED OCTOBER 31, 1995, AS INSTRUMENT NO. 19950483821. OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE, NORTHERLY ALONG THE EASTERLY PARCEL LINE OF SAID PARCEL I NORTH 070 03' 01"WEST 55.00 FEET; THENCE,SOUTH 820 56'59"WEST 65.00 FEET;THENCE,SOUTH 070 03' 01"EAST 55.00 FEET TO A POINT ON THE MOST SOUTHERLY LINE OF SAID PARCEL 1, SAID POINT BEING ALSO ON THE MOST NORTHERLY RIGHT OF WAY LINE OF SAN CLEMENTE DRIVE;THENCE, EASTERLY ALONG SAID SOUTHERLY LINE AND SAID RIGHT OF WAY LINE NORTH 820 56'59"EAST 65.00 FEET TO THE POINT OF BEGINNING. APN:442-261-17 Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) EXHIBIT D 0.9 ACRE PARCEL DONATION AGREEMENT Planning Commission - October 20, 2016 Item No. 4a Additional Materials Received Museum House Residential Project (PA2015-152) EXHIBIT E SCHEDULE OF DEVELOPMENT IMPACT FEES 1. Park Dedication Fee: $26,125 per new residential unit as established by City Council Resolution No. 2007-30. 2. Fair Share Traffic Fee: $203.29/trip as specified in the June 21, 206 Traffic Engineer Memorandum to the Planning Department. 317298119.4 Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received Museum House Residential Project (PA2015-152) From: Wisneski, Brenda Sent: Tuesday, October 18, 2016 5:00 PM To: Biddle,Jennifer Subject: FW: Museum House Residential Project (PA 2015-152) Attachments: Museum House Residential Project_PC_161018.pdf; SPON Museum House DEIR comments.pdf Follow Up Flag: Follow up Flag Status: Flagged For distribution. From: Mike and Dorothy Kraus [mailto:medikrausCcbyahoo.com] Sent: Tuesday, October 18, 2016 4:55 PM To: Kramer, Kory; Koetting, Peter; Zak, Peter; Dunlap, Bill; Lawler, Ray; Weigand, Erik; Hillgren, Bradley Cc: Ramirez, Gregg; Brandt, Kim; Wisneski, Brenda; Alford, Patrick; SPON; markoCcbuci.edu Subject: Museum House Residential Project (PA 2015-152) Dear Chair Kramer and Members of the Planning Commission, Please see letters attached and vote no on the Museum House Residential project. Thank you. Dorothy Kraus Vice President, SPON 1 Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received _ Museum 'Ruse Residential Project (PA2015-152) Still Protecting ur Newport Inspiring The Next Generation PO Box 102 Balboa Island , CA 92662 1 949 . 864 . 6616 October 18, 2016 OFFICERS PRESIDENT Marko Popovich Planning Commission City of Newport Beach VICE PRESIDENT 100 Civic Center Drive Dorothy Kraus Newport Beach, CA 92660 TREASURER Dennis Baker RE: Museum House Residential Project (PA 2015-152) SECRETARY Dear Chair Kramer and Commission: Allan Beek You are charged with discussing, taking comments on, and making your recommendation to the City Council on a very important matter to the residents BOARD MEMBERS of the City who have increasingly shown their concern about over-intensification Nancy Alston of Newport Center. This Project is totally discretionary on your part. The Bruce Bartram residents have relied on their 2006 General Plan vote and the residential units Don Harvey called for in Newport Center have already been built—and more. This Project is Donald Krotee an additional density requested for the benefit of the OCMA and the developers Andrea Lingle Elaine Linhoff who stand to gain while Newport Beach stands to lose. Newport Beach Bobby Lovell residents lose their heretofore cultural facility as sought through our General Jennifer McDonald Plan. The Project is too tall — new residents next door have a huge and imposing Jeanne Price shadow from the sun cast on their units and outdoor space. The Project is out Melinda Seely of place—the high-rise building is in a location which is not consistent with prior JacSkinner Nancy Skinner r planning and existing buildings. It is inconsistent with the General Plan as Jean Watt Newport Center has no residential units remaining and is in fact already 79 units Portia Weiss over the limit allocated in 2006. Terry Welsh STOP 6` 'g m-profit public education organization working to protect and preserve the residential and environmental y wport Beach. v OUR www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org FB SPON-Newport Beach I Twitter @SPONNewport Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received _ Museum 'Fse Residential Project (PA2015-152) Still Protecting ur Newport Inspiring The Next Generation PO Box 102 Balboa Island , CA 92662 1 949 . 864 . 6616 In short,the Project is just not right. Newport Beach should not be stuck with a luxury condo tower that would forever change the look and feel of the heart of our town so the Museum can fund the next chapter of its history in another city. It is a lose-lose proposition for Newport Beach residents. Importantly, if you are going to consider approval of this project, it should certainly not be done in one meeting. The responses to comments to the DEIR have only recently been available. In addition to the EIR you have to consider a General Plan Amendment, Planned Community Development Plan Amendment, Tentative Vesting Tract Map, Site Development Review,Traffic Study and Development Agreement. A grant of all those approvals would set a precedent for changing, rather than respecting,the City's governing land use plans set in place by the voter- approved 2006 General Plan. Please also see attached comments on the DEIR sent on September 30, 2006 by Michelle Black of Chatten-Brown & Carstens LLP on behalf of SPON. We believe our town has reached a tipping point with regard to out-of-character massive developments such as this project. The Museum House Residential Project requires Planning Commissioners and City Council members, who are tasked with enforcement of our voter- approved General Plan, to authorize a major General Plan Amendment and zoning code change for this project to proceed, resulting in an end run around a zoning process that puts limits on size and bulk. Please vote NO on the Museum House Residential Project. Sincerely, Marko Popovich President cc: See next page STOP 6` 'g m-profit public education organization working to protect and preserve the residential and environmental y wport Beach. v OUP www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org FB SPON-Newport Beach I Twitter @SPONNewport Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received _ Museum 'Fse Residential Project (PA2015-152) Still Protecting ur Newport Inspiring The Next Generation PO Box 102 Balboa Island , CA 92662 949 . 864 . 6616 Planning Commission City of Newport Beach Kory Kramer, Chair kkramer@newportbeachca.aov Peter Koetting, Vice Chair pkoetting(o)newportbeachca.aov Peter Zak, Secretary pzak @newportbeachca.aov Bill Dunlap bdunlap@newportbeachca.gov Bradley Hillgren bhillsren(o)newportbeachca.gov Ray Lawler rlawler@newportbeachca.aov Erik Weigand eweigand@newportbeachca.aov cc Gregg Ramirez, Senior Planner gramirez@newportbeachca.gov Kimberly Brandt AICP, Community Development Director kbrandt@newportbeachca.gov Brenda Wisneski, Deputy Director, Community Development bwisneski@newportbeachca.gov Patrick Alford, Planning Programs Manager palford@newportbeachca.gov STOP 6` 'g m-profit public education organization working to protect and preserve the residential and environmental y wport Beach. v OUP www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org FB SPON-Newport Beach I Twitter @SPONNewport Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received Museum House Residential Project (PA2015-152) Hermosa Beach OfficeKMichelle Black Phone: (310) 798-2400 C9, Email Address: Fax: (310) 798-2402 Chatten-Brown & Carstens LLP mnb@cbcearthlaw.com San Diego Office 2200 Pacific Coast Highway, Suite 318 Phone: (858) 999-0070 Hermosa Beach, CA 90254 Direct Phone: Phone: (619) 940-4522 www.cbcearthlaw.com 310-798-2400 Ext. 5 September 30, 2016 Via Email gramirezna,newportbeachca.gov Planning Commission City of Newport Beach Gregg Ramirez, Senior Planner Community Development Department Planning Division City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Draft Environmental Impact Report for the Museum House Residential Project, PA2015-152 Dear Mr. Ramirez: These comments are submitted on behalf of Stop Polluting Our Newport (SPON) regarding the Museum House Residential Project ("Project"). Founded in 1974, SPON is a non-profit public education organization dedicated to protecting and preserving the residential and environmental qualities of Newport Beach. The Project would construct a 25-story (295 feet high), 100-unit residential condominium tower with two levels of subterranean parking on approximately two acres (86,942 square feet) and replace the existing single-story 23,632-square foot Orange County Museum of Art (OCMA) building. As proposed, the Project would conflict with the General Plan's designation of Private Institutional and the zoning code's height limits. Consequently, the Project cannot be built unless the City grants amendments to the City of Newport Beach General Plan and the applicable zoning, the San Joaquin Plaza Planned Community Development Plan. A grant of those approvals would set a precedent for changing, rather than respecting, the City's governing land use plans set in place by the voter-approved 2006 General Plan. The California Environmental Quality Act (CEQA) serves two basic, interrelated functions: ensuring environmental protection and encouraging governmental transparency. (Citizens of Goleta Valley v. Bd. of Supervisors (1990) 52 Cal. 3d 553, 564.) CEQA requires full disclosure of a project's significant environmental effects so Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 2 of 17 that decision-makers and the public are informed of these consequences before the project is approved, to ensure that government officials are held accountable for these consequences. (Laurel Heights Improvement Assn of San Francisco v. Regents of the University of California (1988) 47 Cal.3d 376, 392.) The environmental impact report (EIR)process is the "heart of CEQA" and is the chief mechanism to effectuate its statutory purposes. (In Re Bay-Delta Programmatic EIR Coordinated Proceedings (2008) 43 Cal. 4th 1143, 1162.) SPON is concerned that the draft environmental impact report (DEIR) fails to adequately disclose, analyze, and mitigate the Museum House Project's significant adverse environmental impacts. Instead, the EIR discounts the Project's potential for significant impacts. The EIR also fails to satisfy its core purpose of identifying and analyzing feasible alternatives to the Project that would avoid its significant environmental impacts. SPON respectfully requests that these deficiencies be corrected and that a revised draft FIR be recirculated before the City continues its consideration of the Project. I. The Project is Inconsistent with the City of Newport General Plan and the San Joaquin Plaza Planned Community Development Plan. The Project's proposal to construct 100 residential units is fundamentally inconsistent with the City of Newport Beach General Plan, which designates the project site as "Private Institutional." This designation exists, in part, to promote cultural uses and is not common in Newport Center. All projects approved in a city must be consistent with the general plan and its elements. "The general plan is atop the hierarchy of local government law regulating land use." (Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176, 1183.) The General Plan has been described "the constitution for future development." (DeVita v. Napa (1995) 9 CalAth 763, 773, internal citations omitted.) The DEIR recognizes this, noting, "Future development of all land in the City of Newport Beach is guided by the City's General Plan." (DEIR p. 5.8- 3.) Due to the Project's inconsistency with the General Plan, the Project would require the approval of General Plan Amendment No. 2015-001. The State Planning and Zoning Code permits general plan amendments but explicitly limits their frequency to facilitate orderly development and to prevent spot- zoning. [T]he keystone of regional planning is consistency-between the general plan, its internal elements, subordinate ordinances, and all derivative land-use decisions. Case-by-case reconsideration of regional land-use policies, in the context of a project-specific EIR, is the very antithesis of that goal. Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 3 of 17 (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 572-73.) The City of Newport Beach General Plan was adopted to guide planning decisions through the year 2025. The grant of amendments to development projects such as the Museum House Project undermines this worthy goal. The City should instead consider uses of the Project site that meet the General Plan's institutional designation and that would contribute cultural experiences after the departure of the Orange County Museum of Art. This would support the General Plan's Arts and Cultural Element, instead of subverting its goal of providing improved and expanded arts and cultural facilities and programs to the community. Additionally, the Project would construct 100 condominium units in the Newport Center statistical area, far more units than remain eligible for construction pursuant to the limits adopted by City voters in 1996. The Project is also grossly inconsistent with the site's underlying zoning. The San Joaquin Plaza Planned Community Development Plan designates the Project site for Civic/Cultural/Professional/Office uses. The intent of the district is "to provide a combination of civic, cultural, business, and professional office uses." (DEIR p. 5.8-5.) Residential uses are not permitted. To get around this, the Project proposes San Joaquin Plaza Planned Community Development Plan Amendment No. 2015-001. The Amendment would change the Project site's zoning to Multi-Unit Residential, and would increase the site's height limit from 65 feet to 300 feet. The Project's required land use amendments are substantial changes that would forever change the carefully-considered land uses enshrined in the City's General Plan and in the San Joaquin Plaza Planned Community Development Plan. Amendments to these plans should not be granted lightly. II. The City Cannot Make the Required Site Development Review Findings. The Museum House Project requires the approval of Site Development Review No. SD2016-001 because the Project involves a tentative map and would construct more than five residential units. In order to grant the Project's application for a site plan, the City must find that the Project(1) is allowed within the subject zoning district; (2) is in compliance with the applicable criteria of Municipal Code section 20.52.080 (C)(2)(c); and (3) is not detrimental to the harmonious and orderly growth of the City. The Project currently fails to meet all three requirements. Even if the City were to approve the Project's requested zone change to satisfy the first requirement, the Project would still fail to meet the second two requirements. Pursuant to Municipal Code section 20.50.080(C)(2)(c), site plan review cannot occur unless the Project complies with the General Plan and the Zoning Code; the Project has a harmonious relationship with Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 4 of 17 adjacent developments; the Project is compatible in terms of bulk and scale; and the Project protects significant views from public rights of way. The Project does not meet any of these criteria. Finally, the approval of a Project that requires so many deviations from the General Plan and other governing documents would be "detrimental to the harmonious and orderly growth of the City." The Project must be revised before the City may legally consider approval. III. The Project Requires a Vote Pursuant to the Greenlight Initiative. The City's Greenlight Initiative permits the construction of 100 dwelling units in Newport Center beyond those contained in the General Plan without a vote. Hundreds of dwelling units are under construction. The Project proposes 100 units. Thus, a Greenlight Initiative vote is required. In 2012, the City approved reallocation of 430 dwelling units to the San Joaquin Plaza from block 500 and 600, as well as reallocation of 15 additional residential units from the MU-H3 area to the San Joaquin Plaza. These represented allowable reallocations of previously approved dwelling units under city rules. In other arenas, the City has claimed that additional dwelling units above 100 are permissible without a vote because there are unconstructed hotel rooms at the Marriott Hotel site. However, residential "dwelling units" and visitor-serving commercial "hotel rooms" are not the same thing as defined and regulated by the City's governing documents. In order for the City's claim to have support, these hotel rooms would first need to be legally converted into dwelling units and then be transferred to some project site. The existing planning documents for these sites prohibit these results. The land use plan for the Marriott Hotel site does not permit residential uses, and while the Newport North Planned Community text governing San Joaquin Plaza permits the transfer of development rights among sub-areas, "Residential use may be relocated, but may not be converted to or from another use." (emphasis added.) Therefore, the City must rely on its implementation procedures for the Greenlight Initiative, which provide that the City Council shall submit an Amendment to the voters if"[t]he Amendment authorizes an increase in the number of dwelling units for the property or area that is the subject of the Amendment that exceeds one hundred (100) dwelling units when compared to the General Plan before approval of the Amendment." The Project would itself add 100 residential units. The properly-transferred dwelling units have already been allocated. Compliance with the Greenlight Initiative is required. Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 5 of 17 IV. The DEIR Does Not Satisfy the California Environmental Quality Act. A. The Alternatives Analysis is Inadequate. CEQA provides, "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." (Pub. Resources Code § 21002.) To that end, CEQA requires an EIR to contain an alternatives analysis that examines feasible alternatives to a proposed project that would "avoid or substantially lessen" the significant impacts. (Ibid.) The alternatives analysis is the "core of the EIR." (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal 3d 553, 564.) CEQA imposes a high standard when a lead agency is proposing to reject an alternative considered in an EIR. "One of[an EIR's] major functions . . . is to ensure that all reasonable alternatives to proposed projects are thoroughly assessed by the responsible official." (Laurel Heights Improvement Ass'n. v. Regents of the University of California (1988) 47 Cal. 3d 376, 400.) Further, "Under CEQA, the public agency bears the burden of affirmatively demonstrating that...the agency's approval of the proposed project followed meaningful consideration of alternatives and mitigation measures." (Mountain Lion Foundation v. Fish and Game Commission (1997) 16 CalAth 105, 134.) The adoption of a less damaging feasible alternative is the equivalent of the adoption of feasible mitigation measure. (Laurel Heights, supra, 47 Cal. 3d at 403.) Such an alternative or mitigation measure must be adopted by the lead agency unless the lead agency can demonstrate that the mitigation is "truly infeasible." (City of Marina v. Board of Trustees of the California State University (2006) 39 Cal. 4th 341, 368.) 1. The Alternatives Analysis is Artificially Constrained. What constitutes a reasonable range of alternatives is determined by the project objectives (CEQA Guidelines § 15126.6(a)), but the alternatives analysis of this DEIR is constrained by artificially narrow project objectives. As written, in order to satisfy most of the Project objectives, any alternative studied in the EIR must be residential project of great height. (DEIR pp. 3-1, 3-2.) In fact, 4 of the 9 project objectives require construction of a residential project. (Objectives 1, 2, 4, 8.) Residential use of the site is not currently permitted and requires approval of both an amendment to the General Plan land use designation and a zoning change. However, the objectives presented in the DEIR prevent serious consideration of a non-residential project alternative. The objectives are impermissibly narrow in violation of CEQA. (In Re Bay Delta Coordinated Environmental Impact Report Proceedings (2008) 43 Cal. 4th 1143, 1166 ["a lead agency may not give a project's purpose an artificially narrow definition"].) The lead agency must exercise its independent judgment on project objectives, and must not uncritically accept the applicant's objectives. (Pub. Resources Code § 21082.1 (c)(1); Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 6 of 17 Uphold Our Heritage v. Town of Woodside (2007) 147 Cal.AppAth 587; Preservation Action Council v. City of San Jose (2006) 141 Cal.AppAth 1336, 1352; Save Round Valley Alliance v. County oflnyo (2007) 157 Cal.AppAth 1437, 1460.) Three of the Project objectives are aimed at ensuring that the Project is a building of great height, despite the San Joaquin Plaza Planned Community Development Plan limit of 65 feet. Objective (3) is to "maximize the project's view opportunities of the visual resources of the City of Newport Beach, including the Pacific Ocean and Newport Harbor." (DEIR p. 3-1.) Due to its location, the Project could only maximize views of the Pacific Ocean and Newport Harbor if it exceeds the height limitation of the underlying zoning. The benefits of these "view opportunities"would be limited to the 200 future residents, rendering this objective a self-serving justification for the building's excessive height. Objective (4) is to "implement the Newport Beach General Plan Policy LU 6.14.4 by developing a residential project that would reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeastern section along San Joaquin Hills Road." (DEIR p. 3-1.) This objective is internally inconsistent. While General Plan Policy LU 6.14.4 does discuss concentrating height along San Joaquin Hills Road, the policy does not contemplate high-rise residential uses. On the contrary, Policy LU 6.14.2 is to "Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LUl and LU2." (DEIR p. 5.8-15.) This Project is neither "limited residential" nor consistent with the limits specified in Tables LU1 and LU2. Objective (5) is "To create a landmark structure...that is compatible and complementary with the project's location." (DEIR p. 3-2.) While this objective appears aimed at ensuring a highly-visible (tall), "landmark" building, a building that is truly compatible with the site would be one that complies with the underlying zoning and height restrictions, a sub-65-foot-tall structure. A Project's objectives should not exclude the consideration of alternatives that are consistent with existing land use plans and zoning. Accordingly, the DEIR's rejection of feasible alternatives for the failure to meet these objectives is improper. 2. The DEIR Improperly Rejects Alternatives to the Project. The DEIR acknowledges that the Project would have significant and unavoidable impacts with regard to construction noise and nearby residents. (DEIR p. 1-21). Accordingly, the DEIR should focus on analyzing an alternative that would reduce the Project's need for construction. The DEIR should also evaluate moving the proposed Project off-site. Off-site alternatives should be considered when "significant effects of the project would be avoided or lessened by putting the project in another location." (Guidelines §15126.6(f)(2)(A).) Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 7 of 17 Instead of providing true consideration of off-site alternatives, however, the DEIR "assumed that the project would be developed based on the same plans" and limited itself to consideration of sites that could accommodate a 295-foot-tall residential tower. (DEIR p. 7-4.) This is improper for several reasons. First, there is no reason that the Project could not provide less than 100 dwelling units, or configure the dwelling units in several buildings of shorter height. Second, the Project site itself forbids both residential uses and a 295-foot-tall tower. Thus, the Applicant's control of the Project site is not dispositive. Due to the assumption that an off-site Project would be a 295-foot-tall tower, the DEIR limits its consideration of off-site alternatives to only infeasible locations, Banning Ranch, near John Wayne Airport, and Newport Center (where the DEIR properly notes that the planned residential projects already exceed the future development capacity). (DEIR p. 7-5.) The DEIR must be revised to include analysis of off-site alternatives that would accommodate residential units in configurations other than a 100-unit, 295-foot- tall tower. The Reduced Height Alternative was designed in response to scoping comments concerned with the proposed Project's height. The Reduced Height Alternative would construct a 65-foot-tall residential project of 100 dwelling units, consistent with the existing height limit for the site (if not the use designations). Although the Reduced Height Alternative could satisfy the developer's goal of providing 100 dwelling units, the DEIR finds that the alternative would only marginally reduce the Project's construction- related impacts and would increase shade and shadow impacts because it would have to be placed nearer to existing buildings. (DEIR p. 7-18.) The DEIR rejects the alternative because it would decrease the amount of open space amenities that would be provided to residents, would not be a "fully amenitized residential community with state-of-the-art facilities to the same degree," would not maximize views of the Pacific Ocean and Newport Harbor, would not generate as much temporary construction labor, and would not contribute the same property tax revenue to the City. (DEIR p. 7-18.) These conclusions lack substantial evidence. There is no reason that the Project could not be designed to contain fewer dwelling units in order to provide the same amount of outdoor space and limit lot coverage, while decreasing shade and shadow impacts. Moreover, there is no reason that a reduced-dwelling unit alternative could not provide the same amenities and state-of-the-art facilities. Any construction Project that provides new residential units would contribute to temporary construction employment and to property tax revenue. The reliance on the objective of maximizing views (which requires construction of an impermissible tower) is also improper to reject the alternatives, but, alternatives are not required to meet all project objectives, and in reality Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 8 of 17 it "is virtually a given that the alternatives to a project will not attain all of the project's objectives." (Watsonville Pilots Assn v. City of Watsonville (2010) 183 Cal.AppAth 1059, 1087.) The DEIR considered an "Existing General Plan Alternative" that assumed continued use of the institutional uses of the site with expansion of the square footage permitted for the property. (DEIR p. 7-18.) The DEIR found that this alternative would reduce the Project's impacts in a number of areas, and designated it as the "environmentally superior alternative." (DEIR p. 7-28, p. 7-38.) However, instead of selecting this alternative, which is consistent with the General Plan and the Planned Community designation, the DEIR rejected this alternative for failing to meet the Project's impermissibly constrained alternatives related to the provision of residences, views, and construction of a tall building. This rejection violates CEQA. The "Existing General Plan Alternative" respects both the existing height limit and the underlying institutional and cultural zoning designations. It would also avoid the precedential effect of the Project. SPON urges the City to consider an alternative that avoids the Project's inconsistencies with City land use policies. B. The DEIR Fails to Mitigate the Project's Inconsistencies with City Land Use Policies. CEQA requires discussion of any inconsistencies between a proposed project and applicable land use plans in an EIR. (CEQA Guidelines § 15125(d); City of Long Beach v. Los Angeles Unified School District (2009) 176 Cal. App. 4th 889, 918; Friends of the Eel River v. Sonoma County Water Agency (2003) 108 Cal. App. 4th 859, 874 (EIR inadequate when Lead Agency failed to identify relationship of project to relevant local plans).) A Project's inconsistencies with local plans and policies constitute significant impacts under CEQA that must be disclosed, analyzed, and mitigated or avoided. (Endangered Habitats League, Inc. v. County of Orange (2005) 131 Cal.AppAth 777, 783-4, 32 Ca1.Rptr.3d 177.) The DEIR purports to use the correct threshold of significance for determining whether an impact on land use is significant. The threshold adopted by the DEIR is whether the Project or any component of the Project would "[c]onflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect." (DEIR p. 5.8-7.) Here, the Project conflicts with several policies and designations of the City's General Plan, as well as its zoning ordinance. Yet the DEIR fails to deem these impacts significant so that they can be mitigated or eliminated with redesign of the Project. Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 9 of 17 As described above, the Project is inconsistent with the land use designations of the General Plan, and with the land use designations and the height restrictions contained in the San Joaquin Plaza Planned Community Development. The Project is also inconsistent with: - LU Policy 1.1, "Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts..." The Project would convert private institutional use to residential use, preventing another cultural or institutional use from using the site after the departure of the Orange County Museum of Art. The Project does not provide any offset for the loss of cultural uses in the area. - LU Policy 1.6, "Protect, and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points." At 295 feet tall, the Project would block views of the Pacific Ocean from inland of the site and views of Saddleback Mountain from the seaward side of the Project. The DEIR claims that "Most of the existing skyline near northern Newport Center is already partially obstructed by high rise office buildings..." but this is not a reason to complete the obstruction. The Project contributes to the "walling off' of Newport Center, a direct, indirect, and cumulative aesthetic impact that is not disclosed or mitigated in the DEIR. - LU Policy 2.1, "Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces." The Project converts private institutional uses to residential uses, thereby removing the "balance" of recreation, education, culture, and entertainment uses that currently exists with the Orange County Museum of Art building and that could occupy the site after the museum's departure. - LU Policy 3.2, "Enhance existing neighborhoods, districts, and corridors...Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth..." The Project site is not currently economically underperforming. Further, Newport Beach's share of projected regional population growth is minimal, and will be met from other planned projects. The Project is not necessary to satisfy the City's RHNA allotment, and is therefore inconsistent with this policy of the General Plan. - LU Policy 3.3 describes expanding retail uses, hotel rooms, and residential uses in proximity to jobs and services in the Newport Center Area, but any such development must remain consistent with the limits on residential development in Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 10 of 17 each statistical area. Since the statistical area in which the site is proposed has few residential units remaining, the Project's 100 residential units are inconsistent with the General Plan. - LU Policy 4.1, "Accommodate land use development consistent with the Land Use Plan." The Project is facially inconsistent with the General Plan's land use designation of private institutions, as well as with the use and height limits of the applicable zoning, the San Joaquin Plaza Planned Community Development. The Project requires spot-zoning-style amendments to these plans to achieve the consistency claimed in the DEIR. - LU Policy 4.2, "Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan." As described above, the Project is inconsistent with this policy and therefore requires a General Plan Amendment. - LU Policy 5.1.2, "Require that the height of development in nonresidential and higher-density residential areas transition as it nears lower-density residential areas..." The DEIR claims consistency with this policy because lower density residential areas are located across Jamboree and San Joaquin Hills Road, and because nearer residences at The Colony and Villas are planned to reach 65 feet in height. However, the Project would reach 295 feet in height, 230 feet taller than these lower-density residential uses. The Project fails to maintain a transition, and is inconsistent with the General Plan. - LU Policy 5.6.1, "Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods..." The DEIR claims consistency with this policy because nearby buildings, such as the PIMCO building, are tall, but nearby residences at The Colony and Villas are planned to reach 65 feet in height. However, the Project would reach 295 feet in height, 230 feet taller than these lower-density residential uses. The claimed compatibility does not exist. - LU Policy 6.2.3, "Encourage the development of residential units that are affordable for those employed in the City." The Project would provide 100 luxury condominiums with ocean views. The Project is not proposing any affordable housing and is therefore inconsistent with the General Plan. - LU Policy 6.14.2, "Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LUl and LU2." At 100 residential units, the Project plans neither "limited" residential development, nor compliance with the Tables. The DEIR claims that the General Plan Amendment would achieve consistency with this goal, but fails to account for the fact that nearly all of the statistical area's allotted dwelling units are already under construction. Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 11 of 17 - LU Policy 6.14.4, "Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height...along San Joaquin Hills Road." The Project site has never been proposed for uses exceeding 65 feet in height. Such use is inconsistent with all past and existing design concepts for Newport Center. - Policy Rl.1, provide 1.1 acres of parkland. The Project claims to provide 1.2 acres of open spaces, but only some of these spaces are on the ground floor, and it is unknown how much of this space would be publicly available. For the Project to satisfy the City's goal of providing park lands for its residents, the ground floor dog run, lawns, gardens, pools, cabanas, and outdoor living spaces at the Project would have to be made available and welcoming to the public. - Policy NR 20.1, "Protect and, where feasible, enhance significant scenic and visual resources..." At 295 feet tall, the Project would block views of the Pacific Ocean from inland of the site and views of Saddleback Mountain from the seaward side of the Project. The DEIR claims that"Most of the existing skyline near northern Newport Center is already partially obstructed by high rise office buildings..." but this is not a reason to complete the obstruction. The Project contributes to the "walling off' of Newport Center, a direct, indirect, and cumulative aesthetic impact that is not disclosed or mitigated in the DEIR. - Policy NR 20.3, "Protect and enhance public view corridors from" Avocado Avenue, Jamboree Road, MacArthur Boulevard, and Newport Center Drive. The DEIR admits that the Project will be visible from these protected roadway segments, but claims that the tower "would not introduce a new significant obstruction in the existing skyline and would instead integrate well with the existing cluster of high rise buildings in northern Newport Center." (DEIR p. 5.8- 22.) The Project would admittedly contribute to the wall of tall buildings forming in Newport Center, blocking the Pacific Ocean and views of Saddleback Mountain. This is a significant cumulative impact on views that is not mitigated in the DEIR. The DEIR must be revised to disclose these inconsistencies and to include mitigation measures or alternatives that result in a Museum House Project that respects the City's governing land use documents. C. Growth-Inducing and Precedent-Setting Impacts are Omitted from the DEIR Analysis. Pursuant to CEQA Guidelines sections 15126(d) and 15126.2(d), the DEIR includes a discussion of the Project's likely growth-inducing and precedent-setting impacts. Unfortunately, the DEIR's conclusions with regard to these impacts lack substantial evidence. For example, the DEIR claims that the Project"will not remove Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 12 of 17 obstacles to growth" such as "through changes in existing regulations pertaining to land use development"because the Project site is already developed, and land use plans would permit greater development on-site than currently exists. (DEIR p. 9-3.) However, the existing permitted land use is not residential, but "private institutional." The Project's change to residential use increases the intensity and daily duration of the use, a definite growth-inducing impact. The Project would also increase the allowable height at the project site from 65 feet (of institutional uses) to 300 feet, thereby drastically increasing the amount of development permissible. By removing the institutional designation and the 65-foot height limit, the Project would, in fact, have growth-inducing impacts. The DEIR also claims that the Project's deviation from General Plan and Zoning Code requirements would not set a precedent for future growth because all future developments in the area would require City approval. (DEIR p. 9-4.) However, contrary to the DEIR's conclusion, the approval of this Project would "make it more likely for other projects to gain approval of similar applications." (Ibid.) Once the City stops requiring developers to respect the voter-approved General Plan and existing zoning designations, it will be much harder for the City to disapprove future projects that fail to comply with the City's governing land use plans. The DEIR must disclose the Project's growth-inducing and precedent-setting impacts and be recirculated. D. Adverse Cumulative Impacts of the Project's Precedent-Setting Nature are Not Analyzed. Cumulative impact analysis is important because "One of the most important environmental lessons evident from past experience is that environmental damage often occurs incrementally from a variety of small sources." (Kings County Farm Bureau v. City of Hanford(1990) 221 Cal.App.3d 692, 720.) While the City has included a list of cumulative projects in the DEIR, this list is limited to those that are foreseeable under the current zoning and General Plan. As discussed above, the DEIR's analysis fails to recognize the precedent-setting nature of this Project, which would permit spot-zoning to evade height and use limitations that would otherwise apply to the Project site. If approved, the Project would set a precedent for amending the General Plan and Planned Community Development Plans to permit developments not contemplated when the voters approved the General Plan in 2006. Such a precedent could result in the lifting of height limits and prohibitions on residential development in Newport Center— and throughout the City— at any time, resulting in significant new growth, mass, bulk and height inconsistent with surrounding neighborhoods that has not been analyzed under CEQA or in connection with the City's Land Use Element or other planning documents. The cumulative impacts analysis is therefore incomplete, as there is substantial likelihood that the Project's proposal to use multiple land use plan amendments would set a precedent for ignoring the City's well-considered land use plans. Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 13 of 17 In San Franciscans for Reasonable Growth v. City and County of San Francisco (1984) 151 Cal.App.3d 61, the Court of Appeal found that, absent meaningful cumulative analysis, there would never be any awareness or control over the speed and manner of development in downtown San Francisco. In that case, the court found the city's refusal to take into account other similar development projects to be a violation of CEQA. (Id. at 634.) "Without that control, `piecemeal development would inevitably cause havoc in virtually every aspect of the urban environment."' (Kings County Farm Bureau v. City of Hanford(1990) 221 Cal.App.3d 692, 720.) Similarly, without adequate cumulative analysis of the Project's disregard for existing height and use limitations in Newport Center, the City will lose control over development of the area. The DEIR's conclusion that the Project has no potential to contribute to cumulatively significant impacts through its precedent-setting nature lacks substantial evidence. E. The Air Quality Analysis Fails to Incorporate a Health Risk Analysis that Employs the Newest Standards to Analyze Potential Impacts on Sensitive Receptors. In 2015, the Office of Environmental Health Hazard Assessment (OEHHA) adopted a new version of the Air Toxics Hot Spots Program Guidance Manual for the Preparation of Risk Assessments (Guidance Manual). The South Coast Air Quality Management District (SCAQMD) adopted the Guidance Manual on June 5, 2015. (http://www.agmd.gov/home/library/public-information/2015-news-archives/airtoxics- release-061815.) As acknowledged in the DEIR, the new OEHHA standards acknowledge that air toxics much more dangerous to infants, children, and the elderly than previously believed. Accordingly, the new standards are 2.7 times more protective than those previously used in risk assessments. (DEIR p. 5.2-13.) The DEIR admits that construction impacts will be significant (DEIR p. 5.2-21) and that they may exceed localized significance thresholds for particulate emissions (DEIR p. 5.2-25). Thus, "project-related construction activities would expose sensitive receptors to substantial pollutant concentrations unless mitigated." (DEIR p. 5.2-25.) Even so, the DEIR fails to provide a Health Risk Assessment (HRA) that incorporates the new OEHHA Guidance. In lieu of providing an HRA, the DEIR states, "SCAQMD does not currently require health risk assessments to be conducted for short-term emissions from construction equipment." (DEIR p. 5.2-26.) However, SCAQMD adopted the Guidance Manual on June 5, 2016, and its use is appropriate here. The DEIR alternately claims that the Project's 28-month construction timeline is too short to have significant health impacts, but this claim is based on existing thresholds and not those contained in the Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 14 of 17 more protective OEHHA Guidance. (DEIR p. 5.2-26.) Alternately, the DEIR states that "construction activities would not exceed LST significance thresholds with mitigation." (DEIR p. 5.2-26.) The DEIR contradicts this statement two sentences later, noting, "Project-related construction health impacts would be less than significant and no mitigation measures are required." (DEIR p. 5.2-26, emphasis added.) Because the new OEHHA methodology includes a number of conservative assumptions about potential impacts to infants and children, short term construction emissions could lead to significant HRA results. For example, SCAQMD staff estimates that a six-month construction project for a typical one-acre office project could cause a significant HRA impact. The Project will require subsurface excavation and recompaction on two acres, and therefore would likely have significant impacts if a conforming HRA were prepared. Thus, the DEIR likely understates the Project's potential construction impacts on nearby sensitive receptors. This would also result in the Project's failure to fully mitigate these potential adverse health impacts. An HRA must be prepared that satisfies the standards of the new OEHHA Guidance, and the DEIR must be revised to include the results and sufficient mitigation for any newly-disclosed impacts. F. The DEIR Does Not Disclose or Analyze All Foreseeable Traffic Impacts. As the City is well-aware, traffic is of great concern to residents and visitors to Newport Beach. The Project will contribute the trips of 200+residents, employees, and visitors to an already-congested region. The DEIR fails to disclose and mitigate all of the Project's significant traffic impacts, as required. For example, the Traffic Phasing Ordinance (TPO) has been amended to exclude certain congested intersections and roadways, such as those that pass through the Corona del Mar business district. The City's voters have accepted higher traffic congestion in this area in order to preserve the charm and existing road configuration. For this reason, SPON does not dispute the DEIR's finding that Project satisfies the TPO. However, the DEIR fails to disclose the degree to which the Project's trip generation will adversely affect traffic in Corona del Mar. While this data may be disclosed in the charts and appendices, courts have concluded that burying information in an appendix frustrates the legally required informational purposes of an EIR. (Santa Clarita Organization for Planning the Environment v. County of Los Angeles (2003) 106 Cal.AppAth 715, 723.) This is precisely the type of omission from the DEIR that precludes informed decision- making and violates CEQA. Additionally, the DEIR's analysis is based on the trip generation rates for high-rise residential buildings rather than the higher trip generation rate attributable to the "luxury Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 15 of 17 condominiums" that are proposed. The DEIR must be revised to include traffic analysis based on the correct trip generation rates. The DEIR's traffic analysis also fails to account for the trip generation of City Hall in the Section 423 tracking tables. Since the vote to move the city hall was an advisory vote, not a Section 423 vote, the traffic added by city hall must count in the calculations for a Section 243 vote. If the Project's trip generation meets the thresholds, a vote of the people must be held pursuant to the Greenlight Initiative before this Project may be implemented. G. The Project's Height Will Contribute to the Newport Center Wall of Buildings. CEQA requires consideration of impacts to public views. (Ocean View Estates Homeowners Assn, Inc. v. Montecito Water Dist. (2004) 116 Cal.App.4th 396.) The Project's height in excess of 295 feet would result in diminished public views of Saddleback Mountain looking inland and of the Pacific Ocean looking seaward. Despite these potential impacts to public views, which require disclosure, analysis, and mitigation in an EIR, the DEIR fails to acknowledge that the Project will have any significant impacts on views or aesthetic values. (DEIR p. 1-15.) This conclusion is not supported by substantial evidence and is contrary to that of residents who are concerned that the Project's height is incompatible with surrounding development and that it will interrupt the skyline. The courts have recognized that aesthetic impact analysis is inherently subjective. (Ocean View Estates Homeowners Assn, Inc. v. Montecito Water Dist. (2004) 116 Cal.AppAth 396, 402 The DEIR fails to consider the Project's contribution to the wall of buildings emerging from Newport Center that will obscure public views of the mountains inland and of the ocean looking seaward. The loss of these treasured, public views will not be offset by the Project's provision of private views to Project residents. These impacts must be properly analyzed and mitigated in a recirculated DEIR. H. Mitigation for the Project's Significant Noise Impacts is Inadequate. The DEIR acknowledges that the Project will have significant and unavoidable impacts with regard to construction noise. (DEIR pp. 1-21 to 1-23.) CEQA requires the incorporation of all feasible mitigation measures. (Pub. Resources Code § 21002.) Mitigation Measure (MM) 9-5 states, "Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used to the extent feasible" but provides no standard for determining what is feasible. CEQA mitigation measures Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 16 of 17 must be concrete and enforceable. (Pub. Res. Code § 21081.6(b);Lincoln Place Tenants Ass'n v. City of Los Angeles (2007) 155 Cal. App. 4th 425, 445.) The mitigation measure should be revised to require the use of electrically powered equipment. MM 9-8 provides for the use of smart back-up alarms, which automatically adjust the alarm level based on existing ambient noise levels, or human spotters. MM 9-8 should also provide that the smart back-up alarms emit multi-frequency sounds, which are much better tolerated by neighbors than high frequency alarms. V. The Development Agreement Must Be Made Publicly Available. Pursuant to Section 15.45.020 of the Municipal Code, the Project requires approval of a development agreement. Accordingly, the development agreement must be part of the project studied in the DEIR. However, the development agreement has not been released for public review. The development agreement must be released for public review so that the public and City decision makers can ensure that the EIR has disclosed, analyzed, and mitigated all aspects of the Project— including those negotiated in the development agreement—before it is considered for approval. Conclusion Due to the Museum House Project's failure to comply with the City's General Plan and other governing land use documents and the DEIR's failure to adequately disclose, analyze, and mitigate the Project's likely significant impacts, SPON asks the City to revise and recirculate the DEIR. Compliance with CEQA will require additional analysis of the Project's direct and cumulative impacts, the development of effective mitigation measures, and the analysis of feasible alternatives that are directed at reducing the Project's significant impacts while respecting the General Plan. The City must also analyze and disclose the Project's compliance with the Greenlight Initiative, since the election requirement will affect further processing of the Project. SPON looks forward to reviewing the revised DEIR for the Project. Thank you for your consideration of these comments. Sincerely, Michelle N. Blac , on behalf of Stop Polluting Our Newport Planning Commission - October 20, 2016 Item No. 4b Additional Materials Received City of Newport Beach Museum House Residential Project (PA2015-152) September 30, 2016 Page 17 of 17 cc: Kimberly Brandt AICP, Community Development Director kbrandt&newp ortbeachca.gov Brenda Wisneski, Deputy Director, Community Development bwisneski@.newportbeachea.gov Patrick Alford, Planning Program Manager palford(i ,newportbeachca.gov Planning Commission - October 20, 2016 Item No. 4c Additional Materials Received Museum House Residential Project (PA2015-152) Subject: FW: Proposed Museum House Project - Planning Commission Public Hearing October 20, 2016 From: Bibi Yang [mailto:bibivang2003(a)gmail.com] Sent: Tuesday, October 18, 2016 9:59 AM To: Ramirez, Gregg Subject: Re: Proposed Museum House Project- Planning Commission Public Hearing October 20, 2016 Good Morning, Thank you Gregg for this email, I'm a supporter of the "Museum House Project". I was going to attend this meeting, however, a family reunion has been scheduled that day, so therefore I'm not able to attend this important meeting. Again I want you to know that I do support the "Museum House Project". Best regards, Bibi Yang On Mon, Oct 10, 2016 at 5:45 PM, Ramirez, Gregg<GRamirez(&,,newportbeachca.gov>wrote: Good afternoon, Please be advised that the Planning Commission of the City of Newport Beach will hold a public hearing to consider the proposed Museum House project on Thursday, October 20, 2016 in the City Council Chambers located at the Newport Beach Civic Center. Please see the public hearing notice, below, for more details. Best regards, Gregg Ramirez I Senior Planner City of Newport Beach Planning Division I Community Development 100 Civic Center Drive Newport Beach, CA 92660 (949) 644-3219 I (949) 644-3224 (FAX) I pram irez(apnewportbeachca.aov www.newportbeach.ca.gov t Planning Commission - October 20, 2016 Item No. 4c Additional Materials Received Museum House Residential Project (PA2015-152) CITY OF NEWPORT BEACH - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Thursday, October 20, 2016, at 6:30 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The Planning Commission of the City of Newport Beach will consider the following application: Museum House Residential Project — Related California Urban Housing, LLC, the Project Applicant, is seeking approval of a 100-residential unit condominium project, the Museum House. The proposed project includes demolition of the existing 23,632 square foot Orange County Museum of Art building. The proposed tower consists of 25-floors totaling approximately 295 feet from finished grade to the top of the roof-mounted equipment and two levels of subterranean parking. The project site is approximately two acres (86,942 square feet) and is located between Santa Cruz Drive to the east and Santa Barbara Drive to the west. The applicant, requests the following approvals from the City of Newport Beach: General Plan Amendment (GPA) — To remove the property from Anomaly No. 49 (Table LU2) and change the land use category from Private Institutional (PI) to Multi-Unit Residential (RM-100) with a maximum development limit of 100 units. • Planned Community Development Plan Amendment (Zoning) — To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi-Unit Residential. The PC amendment also includes new residential development standards including a 295-foot height limit measured from finished grade. • Tentative Vesting Tract Map—To allow the individual dwelling units to be sold separately as condominiums. • Site Development Review—To ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations pursuant to Section 20.52.080 (Site Development Reviews) of the Zoning Code. Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. Development Agreement—To comply with Section 15.45.020 of the Municipal Code because the requested GPA includes 50 or more units. • Environmental Impact Report (EIR) —To address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals pursuant to CEQA. • Revoke Use Permit- If approved, this action will revoke Use Permit No. UP2015-017 (PA2015-086), which allows beer and wine sales at the museum. • Revoke Modification Permit- If approved, this action will revoke Modification Permit No. MD2004-059 (PA2004- 184), which allows flagpoles/signage beyond that allowed by the zoning code. NOTICE IS HEREBY FURTHER GIVEN that an Environmental Impact Report, SCH No. 2016021023, has been prepared in connection with the application noted above. It is the present intention of the City to accept the Environmental Impact Report and supporting documents. The City has prepared the draft EIR, which was distributed for public comment beginning August 17, 2016 through September 30, 2016. Copies of the Environmental Impact 2 Planning Commission - October 20, 2016 Item No. 4c Additional Materials Received Report and supporting documents are available for public review aJtir1�AQi�fldl®��( t�5 152) of Newport Beach website at www.newportbeachca.qov/cegadocuments. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64 and Section 19.12.060 (Subdivision Code). The application may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff report, and documents may be reviewed at the Community Development Department Permit Center (Bay C-1st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at www.newi)ortbeachGa.qov/planninqcommission. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Gregg Ramirez, Senior Planner at (949) 644-3219, g ra m i rez(g)n ew po rtb e ac h ca.qov. Activity No.: GP2015-001, PC2015-001, NT2016-001, Project File No.: PA2015-152 SD2016-001, TS2015-004, DA2016-001, and ER2016- 002 Zone: PC 19 (San Joaquin Plaza Planned General Plan: PI (Private Institutional) Community) Location: 850 San Clemente Drive Applicant: Related California Urban Housing, LLC Peter Zak, Secretary, Planning Commission, City of Newport Beach 3 Planning Commission - October 20, 2016 Item No. 4d Additional Materials Received Museum House Residential Project (PA2015-152) Oct. 20, 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. MUSEUM HOUSE RESIDENTIAL PROJECT(PA2015-152) Writing this is extremely frustrating to me, as to meet the Commission's deadline for submitting written comments, I find myself with less than 30 minutes to comment on what (because there are SO many things wrong with it) would take more than 30 hours to properly comment upon. I think the most important comment to make is that considering the recent hearings on the 150 Newport Center proposal were clearly noticed to take at least two meetings to conduct, I find it unconscionable that the public should be given the impression the Planning Commission can render a thoughtful decision on this larger and more contentious project in a single session — and at that, at a session with two other substantive items on the agenda. In particular, I can see no way in which interested members of the public can be realistically expected to provide useful guidance to the Commission on the seven major (and two minor) documents listed on the agenda —one of which, the Development Agreement, was just posted - - in a single three minute comment. With regard to my previous written comments on the draft Environmental Impact Report, I found City staff's (or the City's outside consultant's ?) responses wholly inadequate, but it would take me much more than three minutes to explain why. Suffice it to say I found response 121 (on page 2-177) particularly startling, suggesting, as it does, there was not, and never has been, any connection between this request and OCMA's plans to build a new, and presumably larger, museum facility on a vacant lot at Segerstrom Center in Costa Mesa. Given the many problematic aspects of this proposal, and staff's equally problematic responses to them, it would seem to me that if staff feels the Planning Commission, after less than a week to review the documentation, is obligated to render a final decision on this in a single night, then the only responsible decision is "NO." Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2015-152) From: petitions@citizensagainsthighriseurbantowers.com Sent: Thursday, October 20, 2016 9:29 AM To: Kramer, Kory; Dunlap, Bill; Koetting, Peter, Hillgren, Bradley; Lawler, Ray;Weigand, Erik,Zak, Peter, Biddle,Jennifer; Campagnolo, Daniel Subject: Please Oppose Museum House Attachments: Museum House Petition 10-20-16.pdf Honorable Planning Commission Member: Please find attached a petition that has been signed online by members of the community OPPOSED to the Museum House Condo Project. We respectfully request you oppose this development. Thank you. Sincerely, Citizens Against High Rise Urban Towers citizensagainsthighriseurbantowers.com t Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Mary Becktell 9266o 10/04/16 Julie Reed 76262 10/04/16 Florence Stasch 9266o 10/04/16 Naira Antonyan 92618 10/04/16 Stephanie Stedfield 92663 1o/o6/16 mahin taheri pak 9266o 1o/o6/16 Sue Reese 92663 10/o7/16 Donna Eckmann 92660 10/07/16 Ayelet Nachman 92657 10/07/16 Sue Branica 92625 10/07/16 Kevin Knox 9266o 10/07/16 Michael Sonntag 9266o 1o/o7/16 Niina Bagdasar 9266o 10/07/16 Karen Rhyne 9266o 1o/o7/16 Julie Tator 9266o 1o/o7/16 Katherine Meleski 92660 10/08/16 Christine Luetto 92660 1o/o8/16 Piero Serra 9266o 1o/o8/16 Virginia Serra 9266o 1o/o8/16 Sophie Cripe 92660 1o/o8/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. James Curley 92625 10/o8/16 Tamara Unvert 9266o 1o/o8/16 Sherry Sumner 92662 10/08/16 Diana Lugo 92663 10/08/16 Dave Geoffroy 92625 10/08/16 Joy Heilig 9266o 1o/o8/16 Susan Dvorak 9266o 1o/o8/16 Jack Parker 92660 10/09/16 L Sharp 92260 1o/09/16 Alice Willett 92660 10/09/16 Brian Stern 9266o 10/09/16 Anne Lindt 9266o 10/og/16 William Kul 92625 10/og/16 Linda Smith 9266o 10/og/16 Karen Larsen 9266o 10/og/16 Scott thomson 92661 10/09/16 Dorothy J HaLLett 92660 10/09/16 Attila Kovacs 9266o 10/09/16 Marci Franklin 9266o 10/og/16 Steven Land 92660 10/og/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Sabra Ackerman 92625 10/og/16 Renee Higheagle 9266o 10/og/16 Mary Ker 92662 10/og/16 Cathy Carlson 92660 10/09/16 Jaimie Sellers 92663 10/09/16 Megan Cournyer 9266o 10/og/16 Valerie Danzig 9266o 10/og/16 Cait Maher 92627 10/09/16 Terri Mendoza 92627 10/09/16 Adam MiLler 92663 10/09/16 Sherry POLLack 92625 10/09/16 Sharon Hance 92663 10/og/16 Katerina Kurteeva 9266o 10/og/16 Evelyn Romanofsky 92663 10/og/16 Brian Mull 9266o 10/1o/16 martine thomas-phiLLips 92663 1o/10/16 Brian Kokski 92663 10/10/16 Laura WiLLiams 9266o 10/10/16 Sam Silverman 9266o 10/1o/16 Karen Guiney 92663 10/10/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Patti ODesky 92663 10/10/16 Karen Carlson 92625 10/1o/16 Christophe Beyrooty 9266o 10/1o/16 Ruthie Lonnes 92663 10/10/16 Jeanne Fobes 9266o 10/1o/16 Tyler Woods 9266o 10/1o/16 Shawn Spears 9266o 10/1o/16 Ross Shanberg 92660 10/10/16 Martha Glasgow 92663 10/10/16 Kerstin Woods 92660 10/10/16 jake melham 9266o 10/10/16 Fred Engelhard 92627 10/10/16 Grace Hobbs 9266o 10/1o/16 Juan Zaragoza 92663 10/1o/16 Jennifer Ward 9266o 10/1o/16 Danielle Dino 92663 10/10/16 Claire Smith 92663 10/1o/16 Kimberly Jameson 92663 10/1o/16 Louis Narens 92663 10/1o/16 Kimberly Jameson 92663 10/1o/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. carolyn acuff 92657 10/10/16 Tomidan Jordan 92660 10/10/16 Marsha Perluss 92627 10/1o/16 Jeffrey Marheine 92657 10/10/16 Sophie Cripe 9266o 10/1o/16 tracy rath 92663 10/1o/16 Phil Hamilton 9266o 10/1o/16 Steven Gamble 92660 10/10/16 Michael Hoopis 92660 10/10/16 Joseph Stuart 92660 10/10/16 Carlos PoLit 9266o 10/10/16 Danielle Rigali 92657 10/10/16 Lu Baker 9266o 10/1o/16 Tom Baker 92663 10/1o/16 Xavier Trevino 92663 10/1o/16 Stephen Fobes 92663 1o/10/16 Darci THARP 92663 10/1o/16 Dean Hayward 92663 10/1o/16 Nancy VanDaLsem 92663 10/1o/16 Jenniffer Manavi 92663 10/1o/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Kristina Olah 9266o 10/10/16 Susan Burns 92663 10/1o/16 Susan Dvorak 9266o 10/1o/16 Carol Mason 92663 10/10/16 Kathryn Anderson 92627 10/1o/16 Joanna Robertson 92663 10/1o/16 kerri hirsch 9266o 10/1o/16 Davida Anderson 92663 10/10/16 Francis Rhie 92660 10/10/16 Diana Lugo 92663 1o/1o/16 Gayle Clark 92625 10/10/16 Thomas Hess 9266o 10/10/16 Nancy Alston 9266o 10/1o/16 Joan McCauley 9266o 10/1o/16 Robert Corbin 92663 10/1o/16 Arlene Kuykendall 92627 10/10/16 Lindley Overmyer 92663 10/11/16 Sam Wang 9266o 1o/11/16 Janet Kerber Roberts 92657 1o/11/16 Robin Fazekas 9266o 1o/11/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Boyd Bilbo 9266o lo/11/16 Leslie Thompson 92663 lo/11/16 raLph dillon 92625 10/11/16 Charmaine Rosa 92627 10/11/16 Laurie Beverage 92663 10/11/16 Jordan Blanchfield 9266o Zo/11/16 Marc DiDomenico 92663 Zo/11/16 Amy Chen 92657 10/11/16 Monique Selwitz 92662 10/11/16 Diane DaLes 92657 10/11/16 John Hamilton 9266o 10/11/16 Kristen Sonntag 9266o Zo/11/16 Tyler Schwartz 9266o lo/ii/16 Kimberly Ramser 9266o lo/11/16 Yelena Vakulenko 9266o lo/11/16 Susan Kopicki 92663 10/11/16 Alessandra Shea 92629 Zo/11/16 Denise HoweLL 92663 lo/11/16 Sharon Bell 9266o 10/12/16 Devon Tucker 92625 10/12/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Kathy Youngman 9266o 10/12/16 SeycheLLe Cannes 9266o 10/12/16 FLoriana Anhood 9266o 10/12/16 Clifford Wendt 92660 10/12/16 Lisa Rhodes 92663 10/12/16 Danah Stimpson 9266o 10/12/16 Lauren Maddox 92663 10/12/16 Mark Eubanks 92660 10/12/16 amanda schvver 92663 10/12/16 Julie Peterson 92660 10/12/16 Peter Belden 92663 10/12/16 Maureen Cotton 92663 10/13/16 Trevor ELste 92602 10/13/16 Jeff WiLLiams 92663 10/13/16 Nicholas Beyrooty 9266o 10/13/16 Toni Wilkey 92660 10/13/16 peggy Marotta 92662 10/13/16 Brenda WiLfert 92663 10/13/16 robert Walker 9266o 10/13/16 Carlos Laube 9266o 10/13/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Rachel Ashton 9266o 10/13/16 Chris Lal 9266o 10/13/16 Susana Hegstrom 9266o 10/13/16 Debra Yao 92627 10/14/16 Ruby Hayes 9266o 10/14/16 Kent Russell 92625 10/14/16 Marcia Mohler 9266o 10/14/16 Kaycee Fortanasce 92660 10/14/16 Linda Bertone 92663 10/14/16 Kevin Grit 92647 10/14/16 Barbara Lawler 92662 10/15/16 Tonya Johnstone 92625 10/15/16 Jeff Cestra 9266o 10/15/16 Brad Cohen 92657 10/15/16 Don Larsen 9266o 10/15/16 mackenzie reay 92625 10/15/16 Cory Flynn 92663 10/15/16 Harvey Roer 9266o 10/15/16 Tracy Arnold 9266o 10/15/16 Ramsey Kukalis 92661 10/15/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Heidi Perreault 9266o 10/15/16 Kathleen O'Connor 92663 1o/16/16 nabil shehade 92657 1o/16/16 Susan MacDonald 92660 10/16/16 Karen Larsen 9266o 1o/16/16 Tonya Johnstone 92625 1o/16/16 Mary Fallon 9266o 1o/16/16 Phil Drachman 92660 10/16/16 Kathy Burt 92660 10/16/16 Matthew Cute 92660 10/16/16 marjorie cooling 9266o 10/16/16 Martha Beauchamp 9266o 1o/16/16 Wendy Wuitschick 9266o 1o/17/16 Lindsay Bibb 9266o 1o/17/16 Jessica Mae Jennings 9266o lo/17/16 Deanna Hanour 92625 10/17/16 Dana Farkas 92662 10/17/16 Leslie Ann Harty 9266o 1o/17/16 Kim Brennan 9266o 1o/17/16 Sue Branica 92625 lo/17/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. ALAN LEM M ER MAN 92626 10/17/16 Dorothy Stephens 9266o 1o/17/16 Richard Knight 92663 1o/17/16 Jeff Mayhew 92660 10/17/16 Tina Wayt 92662 1o/17/16 Joan Hoelscher 9266o 1o/17/16 Matt Gray 9266o 1o/17/16 William Rauth 92660 10/17/16 Allen Motakef 92657 10/17/16 Jazz Bryant 91702 10/17/16 Karen Hinton 9266o 10/17/16 Mona Ellini 92612 1o/17/16 Tonia Zev 9266o 1o/17/16 Sarah Rauth 9266o 1o/17/16 Cari Zylstra 9266o 1o/17/16 Elizabeth Spain 92625 10/17/16 Christina Page 92660 10/17/16 Kathy Schurkman 92860 1o/18/16 Bahram Mirhashemi 92657 1o/18/16 Bonnie Gainer 9266o 1o/18/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Mary Pat Hastings 9266o 1o/18/16 Susan Gray 92663 1o/18/16 Steven Gentile 92663 1o/18/16 RICHELLE Moodie 92660 10/18/16 Barbara Laube 92657 1o/18/16 Alaina Cerbasi 92663 1o/18/16 Jill Byers 92662 1o/18/16 Helene Hardin 92707 10/18/16 Georgina Laube 92657 10/18/16 Frank MuscateLLo 92663 10/18/16 Diana SiciLiano 9266o 10/18/16 Michelle Clark 92663 1o/18/16 Ike Suri 9266o 10/18/16 pamela hauber 9266o 1o/18/16 Jessica Tizon 92663 1o/18/16 LeLa Briggs 92627 10/18/16 Maureen Khamsi 92625 10/18/16 Mark Adams 9266o 10/18/16 Stephen Hogan 9266o 1o/18/16 Christy Lea 92660 1o/18/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Nikki Leeper 92625 1o/18/16 Aidan Raney 9266o 1o/18/16 Laura Dunn 92661 1o/18/16 Perry Anthony 92663 10/18/16 Cathleen Joseph 92659 1o/18/16 timothy chelf 9266o 1o/18/16 Moe Mirali 9266o 1o/18/16 Sarah Jay 92660 1o/19/16 Alan Freeman 92660 10/19/16 Judy Leeper 92663 10/19/16 Jeanne Conwell 92625 10/19/16 Blake Allred 9266o 10/1g/16 jillian bedrosian 9266o 1o/19/16 Mildred Litke 9266o 1o/19/16 Rebecca Reutter 92625 1o/19/16 Michael Janicin 9266o 10/19/16 ALeida Oehlke 92657 10/1g/16 Kevin Hyder 9266o 1o/19/16 anne kinney 92661 1o/19/16 Ron Hazlewood 9266o 1o/19/16 Planning Commission - October 20, 2016 Item No. 4e Additional Materials Received Museum House Residential Project (PA2 )15-152) Yes! I oppose the Museum House condo tower. Please add my name to the list of individuals and organizations opposed to the destruction of the Orange County Museum of Art building, and the construction of the 25 story mega condo tower. Helena Schneider 92625 1o/19/16 Susan Skinner 9266o 1o/19/16 Joy Heilig 9266o 10/19/16 Doug Robb 92660 10/19/16 Erin Peacock 92657 1o/19/16 Mindy Ensign 9266o 10/19/16 Jennifer Leeper 92663 10/1g/16 ana long 92660 1o/19/16 Planning Commission - October 20, 2016 Item No. 4f Additional Materials Received Museum House Residential Project (PA2015-152) Subject: FW: MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) Attachments: MUSEUM HOUSE RESIDENTIAL PROJECT(PA2015-152).pdf From: SPON [mai Ito:I nfo(@spon-newportbeach.org] Sent: Thursday, October 20, 2016 10:36 AM To: Kramer, Kory Cc: Koetting, Peter; Zak, Peter; Dunlap, Bill; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Wisneski, Brenda Subject: MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) Re: MUSEUM HOUSE RESIDENTIAL PROJECT(PA2015-152) Chair Kramer, Commissioners and Staff, Please consider the attached document which includes SPON and LITS comments in addition to petition signatories' comments.Thank you for your consideration of our input. SPON PO Box 102 Newport Beach,CA 92662-0102 info @S PON-N ewpo rtBeach.org http://SPON-NewportBeach.org �U 1 Planning Commission - October 20, 2016 ed 5 2) Still ProtectingiSu'r1V�uvpiSTi. L�gTheNext. Gmmfibn October 19, 2016 Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) Dear Chair Kramer and Members of the Planning Commission: SPON and LITS (Line in the Sand PAC) partnered to circulate a petition to Newport Beach voters. In less than five days, we gathered 923 signatures supporting the request for a NO Vote by the Planning Commission for the proposed Museum House Condo Tower project, for the reasons noted below. • The proposed 25-story, 295 feet high, 100-unit residential condominium tower is completely incompatible with surrounding development. • It requires a major amendment to the General Plan to add development WITHOUT a public vote. • The Museum House Condo Tower takes away one of the few cultural facilities we have been able to maintain for the City and which are part of the City's General Plan. • Granting approvals of these amendments sets a precedent for changing, rather than respecting the City's governing land use plans set in place by the voter-approved 2006 General Plan. The voter-approved 2006 General Plan laid out a rational blueprint for the development of Newport Center. All of the development allowed under the 2006 General Plan has been built. This project inappropriately uses spot zoning and makes an end run around a zoning process that puts limits on size and bulk. The Museum House Condo Tower project requires planning commissioners and council members, who are tasked to enforce our voter-approved General Plan, to authorize a major General Plan Amendment for this project to proceed. Our city has reached the tipping point with regard to massive developments such as this project. Your vote determines whether Newport Beach looks like Laguna Beach or like Los Angeles. SPON 1 PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 1 SPON-NewportBeach.org 1 Info@SPON-NewportBeach.org 1 Facebook.com/SPON-Newport Beach LITS I PO Box 15725 1 Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com 1 Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed 5 2) Still Protecting Our t I,wpoT!! �..... _ October 19, 2016 Planning Commission Page Two A recap of the results, supporting details and a copy of the Petition are provided as an attachment to this letter. Please VOTE NO on the MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) Sincerely, Sii je n�ce rel y, President, Stop Polluting Our Newport Pr Treasurer, Line in the Sand Political Action Committee cc: CNB Planning Commission Kory Kramer, Chair kkramer@newportbeachca.gov Peter Koetting, Vice Chair pkoetting@newportbeachca.gov Peter Zak, Commissioner pzak@newportbeachca.gov Bill Dunlap, Commissioner bdunlap@newportbeachca.gov Bradley Hillgren, Commissioner bhillgren@newportbeachca.gov Raymond Lawler, Commissioner rlawler@newportbeachca.gov Erik Weigand, Commissioner eweigand@newportbeachca.gov CNB Community Development Staff Kim Brandt, Community Development Director, kbrandt@newportbeachca.gov Brenda Wisneski, Asst. Community Development Director bwisneski@newportbeachca.gov Makana Nova, Assistant Planner mnova@newportbeachca.gov Jennifer Biddle jbiddle@newportbeachca.gov Dan Campagnolo dcampagnolo@newportbeachca.gov SPON 1 PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 2 SPON-NewportBeach.org I Info@SPON-NewportBeach.org I Facebook.com/SPON-Newport Beach LITS I PO Box 15725 1 Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com I Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed 5 2) Still Protecting Our Nowp6*mwML I>�gThe'•Next. Newport Beach Residents' Petition : VOTE NO on the 25-story Museum House Residential Tower project! Dear Newport Beach Planning Commission and City Council: Please vote to deny the project proposed at the current location of the Orange County Museum of Art, a 2-acre site located at 850 San Clemente Drive. Here's why. • IT'S OUT OF PLACE. The proposed 25-story, 295 feet high, 100-unit residential condominium tower is completely incompatible with surrounding development and will stick out like a sore thumb. • IT'S TOO TALL. No other development in San Joaquin Plaza is even close to the proposed building height. • IT'S NOT COMPLIANT. The high rise height of 300 feet applies only to nonresidential development. Therefore, the proposed residential project is not eligible for the high rise height limit. • IT'S NOT ALLOWED. Residential use of the site is not currently permitted and requires approval of an amendment to the General Plan, a zoning change and a Greenlight vote. • IT SETS A BAD PRECEDENT. Granting approvals of these amendments sets a precedent for changing, rather than respecting the City's governing land use plans set in place by the voter-approved 2006 General Plan. • IT'S INCONSISTENT WITH THE GENERAL PLAN. The project's 100 residential units are inconsistent with the General Plan since Newport Center has no residential units remaining, and is in fact already 79 units over the limit allocated in 2006. • IT'S TOO MUCH NOISE AND TRAFFIC OVER TOO LONG A PERIOD. The proposed project would result in a significant construction noise and traffic impact to new residents at Newport Villas, The Colony residents and adjacent businesses for two years. SPON i PO Box 102 I Balboa Island,CA 92662 1949.864.6616 3 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LlnelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed c 5 2) Still Protecting Our Newport IMP" N11 Generation • IT'S IRREVERSIBLE. The project would convert private institutional use to residential use, preventing another cultural or institutional use from using the site after the departure of the Orange County Museum of Art. • IT'S JUST NOT RIGHT. Newport Beach should not be stuck with a condo tower that would forever change the look and feel of the heart of our town so the Museum can fund the next chapter of its history. Significant sources of private funding are available. This solution is a lose-lose proposition for Newport Beach residents. The Museum House Residential Project requires planning commissioners and council members, who are tasked to enforce our voter-approved General Plan, to authorize a major General Plan Amendment and zoning code change for this project to proceed, resulting in an end run around a zoning process that puts limits on size and bulk. Our town has reached the tipping point with regard to out-of-character massive developments such as this project. Your vote determines whether Newport Beach will look like Laguna Beach or like Miami. Please VOTE NO on the Museum House Residential Tower project. Required Top of Bldg Elevation 290 ft Sours: City of NdOort 6••[h SPON i PO Box 102 1 Balboa Island, CA 92662 1 949.864.6616 4 SPON-NewportBeach.org I Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 1 Newport Beach, CA 92659 1 949.734.0684 LlnelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. L�g�Next. Gmmwn Petition to Deny Museum House Residential Project As of 10/18/16 Residence Timestamp Zip Code Optional Comments 10/15/2016 7:58:49 92663 Stop spot zoning in our town!! 10/15/2016 9:19:09 92660 10/15/2016 9:40:32 92660 10/15/2016 9:42:16 92660 10/15/2016 9:42:54 92625 10/15/2016 9:43:47 92663 It is preposterous to consider. Building a high rise in Fashion Island. Like the ad on TV please halt this "Losangelesization" of our beloved Newport Beach. 10/15/2016 9:43:49 92660 SPON & LITS, please keep up your great work to limit spot zoning, to override large developments, and to keep Newport Beach citizens informed and involved. 10/15/2016 9:43:51 92663 It is preposterous to consider. Building a high rise in Fashion Island. Like the ad on TV please halt this "Losangelesization" of our beloved Newport Beach. 10/15/2016 9:47:54 92660 10/15/2016 9:48:31 92625 No more high rise in Newport Beach! 10/15/2016 9:48:33 92662 10/15/2016 9:49:23 92660 Too much traffic in and around Fashion Island for a project of that scope 10/15/2016 9:50:07 92660 10/15/2016 9:52:50 92660 10/15/2016 9:59:00 92660 10/15/2016 10:02:15 92660 Vote No!! 10/15/201610:03:10 92660 10/15/201610:03:24 92660 10/15/2016 10:13:13 92660 NO!!!!!! No tower in Newport Center!!! -the City is destroying Newport Beach with its already total overbuilding of Npt Center/Fashion Island!!! Your FIDUCIARY responsibility is to protect the quality of life in Newport- you are violating this responsibility by even considering this construction AND the already overbuilding of the Newport Center area!! 10/15/201610:14:47 92660 10/15/2016 10:14:53 92660 Thanks to Line In The Sand I feel I have a voice. 10/15/2016 10:16:18 92660 The City government is employed by its residents, not developers. We would live in San Diego or Santa Monica if that the was the environment we desired. Keep Newport Beach the beautiful community it has always been. 10/15/2016 10:16:33 92660 No on Museum Project 10/15/2016 10:17:14 92660 Newport has a history of compromises whereby development has occurred but with a valid reason to substantiate its approval -that is something for the residents which offsets its negative impacts and offsets that fact that it takes away something like open space or another facility. The Museum house takes away one of the few cultural facilities we have been able to maintain for the City SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 5 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. L�gTheNext. Gmlaw" and which are part of the City's General Planning. It changes the face of Newport for residents in many ways and offers nothing in return. It should be denied. If the development fees are what is driving its approval then it should definitely be put to a vote-where there could be a city-wide discussion about whether we need to sell the City heart and soul for development fees. 10/15/2016 10:19:40 92625 Over 500 units just put in. NB not Irvine. 60 year CDM Resident. Com class of 67' Where is the green light note? 10/15/201610:19:44 92625 10/15/2016 10:22:21 92660 No more traffic!! 10/15/201610:24:53 92660 10/15/201610:31:24 92660 10/15/201610:34:19 92660 10/15/201610:38:49 92660 10/15/2016 10:40:40 92660 Please do not allow this oversized project. It does not suit our beautiful Newport Beach atmosphere and is most certainly out of place. We have yet to see the impact of the dense apartments built nearby and how that will affect traffic. Please say no before it's too late and we've destroyed the look and feel of our community but towering buildings, overcrowdedness and traffic all for the sake of MONEY. We can do better than this for our residents. Thank you. 10/15/2016 10:47:09 92660 Follow the approved General Plan. That is what General Plans are for! 10/15/2016 10:47:18 92660 IT'S OUT OF PLACE. The proposed 25-story, 295 feet high, 100-unit residential condominium tower is completely incompatible with surrounding development and will stick out like a sore thumb. • IT'S TOO TALL. No other development in San Joaquin Plaza is even close to the proposed building height. • IT'S NOT COMPLIANT. The high rise height of 300 feet applies only to nonresidential development. Therefore, the proposed residential project is not eligible for the high rise height limit. • IT'S NOT ALLOWED. Residential use of the site is not currently permitted and requires approval of an amendment to the General Plan, a zoning change and a Greenlight vote. • IT SETS A BAD PRECEDENT. Granting approvals of these amendments sets a precedent for changing, rather than respecting the City's governing land use plans set in place by the voter- approved 2006 General Plan. • IT'S INCONSISTENT WITH THE GENERAL PLAN. The project's 100 residential units are inconsistent with the General Plan since Newport Center has no residential units remaining, and is in fact already 79 units over the limit allocated in 2006. SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 6 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. Impi�gThe'•Next. Gmmfibn • IT'S TOO MUCH NOISE AND TRAFFIC OVER TOO LONG A PERIOD. The proposed project would result in a significant construction noise and traffic impact to new residents at Newport Villas, The Colony residents and adjacent businesses for two years. • IT'S IRREVERSIBLE. The project would convert private institutional use to residential use, preventing another cultural or institutional use from using the site after the departure of the Orange County Museum of Art. • IT'S JUST NOT RIGHT. Newport Beach should not be stuck with a condo tower that would forever change the look and feel of the heart of our town so the Museum can fund the next chapter of its history. Significant sources of private funding are available. This solution is a lose-lose proposition for Newport Beach residents. The Museum House Residential Project requires planning commissioners and council members, who are tasked to enforce our voter-approved General Plan, to authorize a major General Plan Amendment and zoning code change for this project to proceed, resulting in an end run around a zoning process that puts limits on size and bulk. 10/15/201610:47:36 92660 10/15/2016 10:50:23 92625 respect the FAR requirements and do not consider making exceptions. 10/15/201610:54:05 92663 10/15/201610:55:43 92660 10/15/201610:55:50 92660 10/15/2016 10:57:06 92660 This site was intended to be used by private institutions for public benefit, and should be continued as an art museum or other cultural asset to the community. When the land was designated as PI, there was clearly an intent to make the museum a local cultural attraction, in that location, and it is blatant thievery for the museum to skip town and leave us residents and neighbors with a towering private building in its place. The museum is showing no regard for the community which it was intended to culturally enrich, and in which they made their home for so many years. To allow this development would be to endorse greed over community service. This must not be allowed to happen. 10/15/2016 11:00:11 92625 10/15/2016 11:00:27 92660 We do not need these high density type properties. Traffic is already a serious problem and only going to get worse when the new apartments around Fashion Island start renting inert 2017. This is Newport Beach, not Los Angeles or Santa Monica 10/15/2016 11:00:53 92661 Community buildings such as museums and library's should be replaced with community buildings; not condos that will become AirBNB rentals. 10/15/2016 11:11:01 92660 10/15/201611:12:05 92660 10/15/201611:13:46 92663 10/15/201611:25:14 92660 10115/2016 11:25:51 92663 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 7 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @UTSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. I�gTheNext. fmmfion 10/15/2016 11:40:22 92625 The project needs to be stopped immediately, it is totally irresponsible to allow it to proceed. 10/15/2016 11:45:34 92625 The points set forth in this petition say it all. Stop the irresponsible development. Quality of life for Newport Beach residents should be your first priority. 10/15/2016 11:46:33 92662 1 vote no now until we see how the 500+ new apartments in Fashion Island impact our neighborhood. 10/15/2016 11:49:01 92663 Newport Beach is not New York City 10/15/2016 12:02:24 92625 1 totally support not allowing this "tower"to built 10/15/2016 12:02:34 92625 Lets not allow developers to turn our beautiful city into sometning similar to Century City. 10/15/2016 12:10:11 92625 This project will forever change our city and provide developers an open opportunity to crowd even more high rise residential buildings into the area. It's just not right at this time and at this location. 10/15/201612:15:33 92660 10/15/201612:16:13 92660 10/15/201612:16:49 92660 10/15/201612:19:38 92660 10/15/201612:23:00 92625 10/15/201612:30:02 92660 10/15/201612:31:13 92625 10/15/2016 12:33:51 92625 10/15/2016 12:41:07 92660 No problem with project other than just too high and too big! 10/15/201612:49:59 92663 10/15/2016 13:01:29 92625 Thank you for organizing to save our beloved New Port Beach!! 10/15/2016 13:03:30 92625 1 vote no on allowing the scope of this project. 10/15/201613:12:16 92662 10/15/201613:13:58 92663 10/15/2016 13:19:27 92660 Thank you for fighting this monstrosity! I will do all I can to help!!! 10/15/2016 13:28:34 92660 Hope we will be able to stop all the unnecessary building in Newport Beach. 10/15/201613:45:16 92660 10/15/2016 13:49:31 92660 10/15/2016 13:51:31 92660 Absolutely the wrong thing to do --no one except the developers and their consultants , and the Museum directors/employees want this . Special interest spot zoning at its worst-- 10/15/201613:54:56 92660 10/15/201613:59:44 92660 10/15/201614:01:39 92625 10/15/2016 14:09:21 92660 1837 Port Stanhope PI, NB 10/15/201614:12:25 92662 10/15/2016 14:13:36 92663 Too much traffic. I don't want us to become like L.A. 10/15/201614:21:17 92625 10/15/201614:26:57 92663 10/15/2016 14:31:24 92625 Way t0000 BIG. 10/15/201614:35:06 92625 10/15/201614:39:45 92660 10/15/201614:43:17 92660 10/15/2016 14:45:01 92625 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 3 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. Impi�g�Next. fbnasuom _ . 10/15/201614:46:56 92660 10/15/2016 14:48:46 92663 By approving this project, you are laughing in the face of the residents who voted for you. Please listen to your constituency. This project makes no sense and will ruin what makes Newport Beach so special. 10/15/201614:49:45 92660 10/15/201614:50:52 92660 10/15/2016 14:55:35 92660 This project is out of conformity and misplaced in the neighborhood 10/15/2016 14:55:53 92625 Enough is enough. Traffic is horrible, heaven help you if you need an ambulance and it has to go through PCH in CDM! We did not, do not, ever want, high density, high rise, Long Beach by the Sea living!!!! 10/15/201615:00:53 92660 10/15/2016 15:01:36 92660 Put a stop to additional high rise building in Fashion Island 10/15/201615:03:12 92660 Enough 10/15/2016 15:03:25 92660 The negative impact on the view from the Harbor Ridge is huge. We do not need another high rise building in Newport Center. The traffic is already terrible and will get worse with the huge apartment complex being finished at the corner of San Joaquin and Jamboree. Don't turn Newport Beach into a mess like Irvine. 10/15/2016 15:10:41 92660 10/15/201615:21:04 92625 10/15/201615:22:54 92663 10/15/2016 15:23:13 92625 No more SPOT zoning. 10/15/201615:25:02 92625 10/15/2016 15:25:52 92625 Vote no 10/15/201615:26:56 92660 10/15/2016 15:28:15 92660 For all of the above reasons this project is inappropriate. Furthermore the property was donated for a museum for Newport Beach, not for Costa Mesa, where the museum plans to move, sticking Newport Beach with a project that many, if not most people in our community do not want! The attitude of the people can be measured by the resistance that has been expressed to several recent development projects that the people have vocally protested, which have been denied by the planning commission and the city council. I strongly urge the planning commission to deny this project in its entirety. Thank you very much. 10/15/2016 15:28:24 92625 We can't let this set a precedent for our city! 10/15/2016 15:28:53 92625 TOWER is incompatible with community. 10/15/2016 15:29:10 92663 Resident of 92660 and 92663 since 1970. Newport Beach family history since 1920s. Too much traffic and density around here already!! STOP IT! 10/15/2016 15:29:46 92663 Increased population in SoCal contributes to the problem of water shortage, traffic, & pollution. I oppose this condo project. 10/15/2016 15:29:51 92660 This is just too much for our Newport. I strongly oppose this build! 10/15/2016 15:30:00 92660 NO, NO, NO. No more traffic in our City. Another eyesore for us to look at from the Irvine Company. Enough is enough. Keep up the great work SPON. I was not aware that this one was coming our way. I live in the area and the traffic goes all night long. 10/15/2016 15:30:01 92663 10/15/2016 15:31:48 92660 If the City votes for this one, they need to put this to a vote by all citizens, especially those of us who live in the area. Go Away Irvine Company!!!!!! 10/15/2016 15:33:20 92660 Let me know if I can support your position by attending a specific meeting or writing a letter? SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. I�gTheNext. Gmmfibn 10/15/2016 15:35:43 92625 When will they stop? It's 100% clear that residents don't want this continuous growth, and this example is monstrous.Why does the city entertain such proposals. Why is the council at war with the residents? 10/15/201615:36:25 92625 Thanks. 10/15/201615:36:35 92662 10/15/2016 15:39:33 92625 Vote no 10/15/201615:40:00 92625 10/15/2016 15:40:11 92657 10/15/201615:41:33 92625 10/15/201615:42:18 92625 10/15/2016 15:47:01 92 625 10/15/201615:47:09 92625 10/15/201615:47:25 92660 10/15/2016 15:48:35 92660 These huge buildings with all the additional traffic are ruining our beautiful Newport Beach. The voters have made it abundantly clear that we do not want to become West Los Angeles. Please represent Newport Beach residents and vote this project down. 10/15/201615:49:06 92625 10/15/201615:49:30 92662 10/15/2016 15:50:36 92625 Project is flawed and makes no common sense for Newport Beach 10/15/201615:52:08 92663 10/15/201615:54:47 92660 10/15/201616:00:16 92663 10/15/2016 16:00:20 92663 1 REALLY do not want this kind of residential tower in my city!!!!! 10/15/2016 16:01:38 92663 STOP THE MADDNESS NEWPORT BEACH! FOR GOD'S SAKE! WE THE TAX PAYERS DO NOT WANT TO LOOK LIKE IRVINE OR HUNTINGTON BEACH. KEEP THE CHARM, KEEP THE RESIDENTS FROM HARM! JUST SAY NO! 10/15/2016 16:03:03 92660 We must stop this!!! Newport's resources are already stretched thin. The crime in the city is out of hand...the burglaries are rampant in all neighborhoods!!! 10/15/201616:05:38 92662 10/15/201616:06:33 92625 10/15/201616:08:55 92625 10/15/201616:08:57 92660 10/15/201616:09:34 92660 10/15/201616:10:43 92625 10/15/2016 16:11:17 92625 No more unbridled development that does not support the residents of Corona del Mar and Newport Beach. 10/15/201616:11:27 92625 10/15/2016 16:13:41 92625 10/15/201616:14:12 92625 10/15/201616:14:50 92660 10/15/201616:15:43 92660 10/15/201616:17:29 92660 10/15/201616:17:53 92625 10/15/201616:18:04 92625 10/15/201616:19:53 92660 10/15/2016 16:20:46 92625 Enough is enough!! Stop approving more building. We are on water rationing, SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 r© SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V5uvpoTi. In�gTheNext. Gennstion traffic is getting worse and views get blocked. Don't spoil it for everyone. 10/15/201616:22:09 92660 10/15/201616:24:56 92660 10/15/2016 16:25:59 92660 We don't want anymore skyscrapers in our neighborhood! 10/15/2016 16:26:49 92660 We're very tired of all the building going on near Big Canyon! 10/15/2016 16:27:05 92663 This is not needed 10/15/201616:27:35 92660 10/15/201616:29:28 92663 10/15/201616:32:10 92662 10/15/201616:34:29 92663 10/15/2016 16:35:11 92625 10/15/2016 16:37:06 92625 It will produce too much traffic. Also too tall. 10/15/201616:37:53 92625 10/15/201616:57:27 92660 10/15/201616:58:44 92660 10/15/2016 16:59:46 92660 too much development , too little water resources. Why should I have to cut back on my water usage, so the developers can profit??? 10/15/201617:01:12 92625 10/15/201617:01:35 92625 10/15/2016 17:01:51 92625 10/15/201617:02:49 92625 10/15/201617:03:32 92625 10/15/201617:05:05 92625 10/15/2016 17:05:20 92660 NO to building the museum house complex 10/15/201617:05:52 92661 10/15/2016 17:07:20 92625 A turn down of this proposal based on the current zoning is absolutely appropriate. 10/15/2016 17:07:59 92625 What are they, crazy? Like the Jamboree/San Joaquin Hills monstrosity won't provide enough additional traffic? Like we aren't already congested enough in the Fashion Island/Civic Center area? 10/15/2016 17:08:16 92625 NO more! 10/15/201617:09:18 92625 10/15/2016 17:13:47 92660 No more added traffic on Jamboree, PCH, and MacArthur. No to using an additional 50,000 gallons of precious water for the development while the residents are fined for going past what the City has rationed for them. The voters approved the property in the 2006 General Plan to be "institutional,"so keep it that way. We should not have to sacrifice our water and quality of life so that the Art Museum can move. Most non-profits have fund-raisers to benefit their needs, not force the residents be the benefactors. What if we don't even like the kind of art displayed at the museum? 10/15/2016 17:16:19 92637 OMG, This is the most ridiculous and horrible idea for all the people who love our wonderful Newport Beach, Orange County. NO NO. NEVER,NEVER. obviously who ever dreamed up this awful idea must be getting a kick back or he is smoking something?to make him this greedy and careless for the future of Newport Beach. 10/15/201617:16:59 92625 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 11 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. Impi�gTheNext. S;enuation 10/15/201617:20:59 92660 10/15/2016 17:24:46 92625 Just follow the General Plan. That's why our citizens worked on it and approved it. 10/15/2016 17:30:47 92663 Let's take back our beautiful city, before it is too late..... 10/15/201617:31:13 92661 10/15/201617:32:02 92663 10/15/2016 17:33:49 92625 This tower would spell traffic congestion disaster in the extreme. I can't imagine why anyone would plan such a tower to look down on the 500 plus residential units currently under construction adjacent to the property. 10/15/201617:36:40 92625 10/15/201617:37:58 92625 10/15/2016 17:38:30 92660 Too tall, too big, overpowering for this wonderful business/shopping area. Please DO NOT allow this building to be built. We have lived in NBP 35 years - Stop this project NOW! 10/15/201617:39:38 92625 10/15/201617:40:44 92625 10/15/2016 17:42:41 92660 Don't build on the museum site 10/15/201617:46:09 92660 10/15/201617:51:26 92660 10/15/201617:57:12 92661 10/15/2016 17:58:03 92663 No more building-11 10/15/201617:58:06 92625 10/15/201618:00:20 92662 10/15/201618:00:57 92662 10/15/201618:01:49 92625 10/15/2016 18:03:31 92625 10/15/201618:09:03 92625 10/15/201618:14:58 92660 10/15/201618:17:45 92660 10/15/2016 18:21:01 92660 Absolutely NO; this project is the worst thing imaginable! 10/15/201618:23:02 92660 10/15/201618:27:07 92625 10/15/201618:31:12 92663 10/15/201618:32:03 92660 10/15/201618:32:56 92660 10/15/201618:33:45 92625 10/15/201618:34:32 92660 10/15/2016 18:38:31 92625 10/15/201618:39:34 92661 10/15/201618:40:43 92660 10/15/201618:41:20 92660 10/15/201618:49:17 92660 10/15/201618:50:08 92660 10/15/201618:52:00 92660 10/15/201618:52:42 92660 10/15/2016 18:53:11 92625 10/15/201618:58:14 92625 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 12 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS 1130 Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V5uvpoTi. In�gTheNext. Gmlaw" 10/15/2016 19:02:41 92660 10/15/201619:08:23 92625 10/15/201619:09:06 92660 10/15/2016 19:11:05 92663 Development can be a good thing or it can be a bad thing. This one is bad, doesn't fit our city, isn't wanted by our residents, doesn't belong here, doesn't make things better for anyone but the developers! 10/15/2016 19:16:01 92 660 10/15/201619:16:45 92660 10/15/201619:17:49 92663 10/15/201619:19:07 92625 10/15/201619:19:44 92660 10/15/201619:20:54 92663 10/15/201619:25:38 92660 10/15/201619:29:16 92625 10/15/201619:30:18 92663 10/15/201619:30:52 92660 10/15/2016 19:36:21 92 661 10/15/2016 19:37:21 92663 10/15/2016 19:38:01 92663 10/15/2016 19:40:24 92660 NO to building the museum house complex 10/15/201619:48:35 92660 10/15/2016 19:51:37 92625 adding two more cars, which probably each of these 100 apartments will have, just makes for more congestion which is already making Newport area a nightmare to travel in. 10/15/201619:52:52 92625 10/15/201619:53:45 92661 10/15/2016 19:57:51 92660 we do not need towers or home traffic allready have 504 new units jamboree 10/15/2016 20:05:21 92661 Too tall not consistent with General plan for the people Newport Beach. 10/15/2016 20:21:23 92663 10/15/2016 20:22:29 92663 10/15/2016 20:29:25 92663 1 agree that this project should not be allowed. 10/15/2016 20:36:30 92625 10/15/2016 20:38:45 92625 10/15/2016 20:39:43 92625 Stop this project! 10/15/2016 20:47:57 92663 10/15/2016 20:48:47 92663 10/15/2016 20:49:26 92663 10/15/2016 20:49:53 92660 What a shame ! 10/15/2016 20:49:57 92660 10/15/2016 20:50:55 92627 10/15/2016 20:51:25 92627 10/15/2016 20:51:47 92660 10/15/2016 20:52:11 92625 10/15/2016 20:52:36 92663 10/15/2016 21:01:53 92625 10/15/2016 21:08:20 92660 10/15/2016 21:20:27 92660 No more traffic! We haven't seen yet what the impact of the new 524 Villa SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 13 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. In�g�Next. Cienuation Fashion Island apartments will do to our density and traffic problems. 10/15/2016 21:25:35 92663 no no no 10/15/2016 21:26:14 92625 This project is beyond belief. It is totally out of step with the wishes of Newport residents. No on the Tower!! 10/15/2016 21:39:13 92660 10/15/2016 21:41:41 92660 10/15/2016 22:06:56 92625 This is totally out of character with Newport Beach. 10/15/2016 22:13:58 92663 10/15/2016 22:20:53 92660 10/15/2016 22:21:26 92661 10/15/2016 22:22:25 92660 Thank You for your effort to STOP this Tower 10/15/2016 22:22:58 92660 We don't have infrastructure for more condos. 10/15/2016 22:26:53 92657 10/15/2016 22:35:39 92660 No 10/15/2016 22:35:39 92663 10/15/2016 22:41:19 92660 10/15/2016 22:41:53 92660 We don't know the impact of the 524 apartments yet, and with our water situation and traffic, this Museum House project doesn't make sense. 10/15/2016 22:44:45 92660 Please don't ruin our wonderful city. 10/15/2016 22:49:33 92625 That building fits like a bicycle at Talladega. 10/15/2016 22:57:39 92625 10/15/2016 23:24:16 92660 10/15/2016 23:44:55 92660 10/15/2016 23:59:10 92625 10/15/2016 23:59:45 92662 10/16/2016 0:01:07 92662 10/16/2016 0:01:10 92625 10/16/2016 0:01:58 92625 10/16/2016 0:04:45 92660 10/16/2016 0:14:35 92660 10/16/2016 0:23:43 92663 No No No on this project! 10/16/2016 0:41:08 92625 10/16/2016 0:48:07 92663 It is irreversible. 10/16/2016 0:52:07 92663 It is not compliant and set a bad precedent. 10/16/2016 1:05:00 92660 The city has repeatedly broken faith with the peoples wishes in the general plan therefore sending NewportBeach continually in front of the coastal commission. 10/16/20161:06:32 92625 10/16/2016 2:15:05 92660 No more construction! 10/16/2016 5:07:15 92625 10/16/2016 5:11:40 92660 10/16/2016 5:13:17 92660 10/16/2016 5:19:01 92660 10/16/2016 5:55:17 92663 Too much, more traffic 10/16/2016 6:29:37 92625 WE HAVE ENOUGH CONGESTION IN THIS AREA, GO BUILD IT IN BARSTOW 10/16/2016 6:32:05 92663 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 14 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. In�gThe'•Next. Cmlaw" 10/16/2016 6:32:32 92660 10/16/2016 6:33:34 92660 10/16/2016 6:38:58 92625 10/16/2016 6:47:33 92660 We don't want more traffic in Newport Center. Follow the General Plan which the voters approved years ago. 10/16/2016 6:48:29 92660 No. 10/16/2016 6:54:00 92625 10/16/2016 7:02:02 92625 10/16/2016 7:16:09 92663 10/16/2016 7:32:23 92663 Absolute No 10/16/2016 7:47:10 92660 10/16/2016 7:51:17 92657 10/16/2016 7:57:16 92663 10/16/2016 8:03:29 92662 10/16/2016 8:10:13 92660 10/16/2016 8:12:55 92660 It does not belong in newport 10/16/2016 8:16:52 92625 10/16/2016 8:19:29 92625 Let's keep our town and not make it a city. 10/16/2016 8:21:32 92660 We can not continue this irresponsible building 10/16/2016 8:24:16 92663 Let's maitain our city with a beach community atmosphere-not Irvine! 10/16/2016 8:43:48 92660 10/16/2016 8:47:03 92660 What is happening to our town? How could such a skyscraper even be considered unless there are powers that be that care more about their own business interests than the people of Newport Beach. I have heard Dave Ellis who controls "Team Newport" has ties to the developers of this project and will profit. This needs to be investigated. There is more to consider here than just the monstrous ludicrous size of this thing. 10/16/2016 8:48:56 92663 I have lived in Corona del Mar and Newport Beach for 33 years. During that time, I have seen open spaces taken over by multimillion dollar homes. The City hall built so that you can no longer see the Pavilion on Lido as you come down Mac Arthur Blvd after a long day at work. No one expects that traffic will remain as it was in the 80's, but I do not want to see us become like Los Angeles which is one big traffic jam. Our homes should be where we get away from the stressful city life, that is why a lot of us moved to this area to enjoy outdoor living and rest our eyes from the endless views of concrete and buildings that impede our view of the sunrise or sunset. Leave something of beauty for the coming generations to enjoy. 10/16/2016 8:50:19 92660 10/16/2016 9:12:39 92625 10/16/2016 9:19:35 92625 10/16/2016 9:20:06 92660 10/16/2016 9:21:09 92660 10/16/2016 9:23:57 92660 Absolutely not 10/16/2016 9:32:39 92625 10/16/2016 9:41:59 92625 10/16/2016 9:52:51 92662 10/16/2016 9:56:17 92663 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 15 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. L�gTheNext. c�ugxanoa _ 10/16/2016 9:59:14 92625 10/16/2016 10:06:27 92625 Thank you so much for all your hard work on this important issue. 10/16/2016 10:09:47 92663 Thanks to all for your never ending hard work trying to keep Newport a livable, resident centered city, keeping big developers at bay and preventing them from ruining what we hold most dear in Newport . 10/16/201610:12:43 92660 10/16/201610:17:25 92625 10/16/201610:18:05 92625 10/16/201610:18:32 92657 10/16/2016 10:25:45 92660 1 VOTE NO on the 25-story Museum House Residential Tower project! 10/16/201610:26:33 92660 10/16/201610:33:44 92625 10/16/2016 10:43:55 92625 Please NO! 10/16/2016 10:48:22 92663 1 believe in Greenlight; I voted for it; I would like Newport Beach City Council to enforce it 10/16/201610:50:25 92662 10/16/2016 10:58:51 92663 10/16/2016 11:01:54 92660 We don't have the infrastructure to handle this impact. 10/16/201611:02:10 92657 10/16/2016 11:10:27 92660 This project is not consistent with the General Plan and would be a detriment to our community. I strongly urge you to reject it. 10/16/201611:12:13 92625 10/16/201611:12:54 92625 10/16/2016 11:17:54 92660 ENOUGH!!! do not turn this into concrete city. We used to have wonderful morning for. Now this is almost only a memory. It was wonderful for the grass and the plants. We did not have to use much water outside. Remember that this was a desert, now it is overbuilt. Simply]y GREED for these builders. Go some place and build. You got away with the Morman temple. That was enough. Now you SNEAKED the hideous condos on Jamboree and San Joaquin Hills. STOP 10/16/2016 11:19:52 92660 This project and others like this will ruin Newport Beach and it must be stopped! 10/16/2016 11:25:53 92660 Vote No 10/16/201611:31:57 92625 10/16/2016 11:33:20 92663 No to this development 10/16/201611:34:53 92663 10/16/2016 11:39:36 92663 We are already overbuilt for our area and infrastructure. Stop the high rise, please! 10/16/2016 11:47:15 92663 Thank you for sponsoring a NO vote on this and AutoNation. Let's get Newport Right the First Time!! 10/16/201611:50:43 92663 10/16/2016 11:59:11 92663 10/16/2016 12:11:28 92660 1 have lived in the bluffs for almost 17 years. I am almost daily traveling in one direction or another on Jamboree Road and am impacted by the huge increase in traffic at all hours in the past few years. The city of Newport Beach does not need more high rise condos in an this area and just look at the 524 condos that are currently being built on San Joaquin Road. 10/16/2016 12:11:34 92660 Already too crowded frm 20 yrs ago I came to live to NB. Schools, etc. 10/16/2016 12:13:52 92625 Thanks for your efforts SPON ! ! ! SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 16 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. L�gTheNext. fmlaarion 10/16/201612:18:48 92625 10/16/2016 12:18:57 92625 High Density residential builds like the Museum House degrades the quality of life for existing residents. Also, this project is starting before we realize the traffic and congestion that the apartments on the corner of San Joaquin and Jamboree are creating. Not a good idea! 10/16/2016 12:19:03 92660 Building towers takes our blue sky away 10/16/201612:19:25 92625 10/16/201612:20:17 92660 10/16/201612:21:30 92660 10/16/2016 12:23:35 92660 Time to stop destroying the face of Newport Beach 10/16/2016 12:24:01 92660 1 live across the street in the Colony....and I expect to live here for the rest of my life.That building will be a monstrosity....and is not within our code. 10/16/201612:28:29 92625 10/16/201612:30:34 92663 10/16/2016 12:46:21 92661 1 left L.A. to live in a area that only making a buck 10/16/201612:55:25 92625 10/16/201612:59:07 92660 10/16/201612:59:45 92625 10/16/2016 13:00:11 92625 10/16/201613:04:14 92660 10/16/201613:05:24 92660 10/16/201613:10:53 92660 10/16/201613:11:16 92660 10/16/201613:12:37 92660 10/16/201613:20:25 92663 10/16/201613:24:28 92660 10/16/201613:37:15 92660 10/16/2016 13:37:51 92660 This is not downtown LA, it's Newport Beach. Those of us who live here, do so because we don't want to live in a huge city that's crowded with tons of buildings and people. We want to live in a small beach town. This is plain greed trying to build buildings of this size in a coastal beach town. 10/16/201613:41:26 92663 10/16/201613:46:30 92657 10/16/201613:47:10 92657 10/16/201613:50:09 92663 10/16/201613:57:55 92660 10/16/201614:04:08 92660 10/16/201614:07:03 92660 10/16/2016 14:08:55 92625 Please reject this project 10/1612016 14:10:11 92660 10/16/201614:20:39 92660 10/16/201614:21:10 92660 10/16/2016 14:25:51 92660 10/16/201614:29:35 92660 10/16/201614:37:53 92660 10/16/201614:38:26 92625 10/16/201614:44:29 92660 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 17 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS 1130 Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. L�gTheNext. GOMM.on 10/16/2016 14:51:36 92662 enough building...not zone orginally for this!!! 10/16/201614:55:08 92660 10/16/201615:03:22 92625 10/16/201615:04:58 92661 10/16/201615:08:05 92625 10/16/201615:15:37 92660 10/16/2016 15:16:05 92663 NO , NO . NO MORE TALL BUILDINGS IN NEWPORT BEACH. CA 10/16/201615:17:13 92660 10/16/201615:17:34 92625 10/16/201615:18:03 92625 10/16/2016 15:26:15 92663 stop turning Newport Beach into West Hollywood and destroying the character of this charming beach community 10/16/2016 15:31:18 92625 Stop the madness 10/16/2016 15:41:29 92663 Newport Beach is over-developed already. Stop this nonsense! 10/16/2016 15:55:21 92660 10/16/2016 16:04:55 92660 The general plan, as approved by the residents, does not allow this. It will definitely increase water usage and traffic. Please listen to the residents of our wonderful city. DON'T ruin it !!! 10/16/201616:10:15 92625 10/16/201616:12:38 92660 10/16/201616:13:20 92660 10/16/201616:14:29 92660 10/16/201616:26:03 92661 10/16/201616:27:12 92660 10/16/201616:32:09 92663 10/16/201616:38:23 92660 10/16/201616:41:28 92660 10/16/2016 16:43:18 92625 Your argument failed to mention measure y's failure, traffic, pollution, etc. I hope that my wife and I can sign on this same document. 10/16/201616:45:48 92627 10/16/201616:47:48 92663 10/16/2016 16:50:23 92660 Thank you for sharing our feelings 10/16/201616:57:20 92660 10/16/201617:03:14 92625 10/16/201617:03:38 92660 10/16/201617:16:45 92660 10/16/201617:18:10 92625 No 10/16/2016 17:19:54 92625 NO more mega projects Petition difficult to submit 10/16/201617:26:35 92661 10/16/201617:33:26 92661 10/16/2016 17:33:33 92660 The congestion will continue to multiple with the 524 Apts and now another 100 without any idea of the total impact. It's irresponsible. Then there is the water which will not improve any time soon. NO 10/16/2016 17:34:07 92660 NO on Museum Project 10/16/201617:34:13 92660 NO 10/16/201617:34:51 92660 NO 10/16/2016 17:39:01 92625 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 13 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS 1130 Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. L�gTheNext. Gmmfion 10/16/201617:46:16 92660 10/16/2016 17:51:29 92660 Don't let NB look like NYC- 10/16/2016 17:53:03 YC-10/16/201617:53:03 92663 10/16/201618:05:58 92660 10/16/201618:15:34 92660 10/16/201618:23:13 92662 10/16/2016 18:31:37 92663 Vote solid NO 10/16/2016 18:41:55 92625 GO SPON GO!! 10/16/201618:46:15 92660 10/16/201618:57:37 92625 10/16/201619:06:47 92660 10/16/201619:10:22 92625 10/16/201619:17:54 92663 NO!!!!!!!!!!! 10/16/2016 19:18:41 92 660 10/16/2016 19:19:45 92660 PLEASE don't put this huge condo tower in the middle of our city. 10/16/2016 19:25:53 92660 against project! 10/16/2016 19:40:13 92663 Our city has gotten out of control with development of high density housing and hotel/motels. This is causing a severe traffic congestion. Getting thru Newport Beach on Coast Highway(and many other streets)has become very difficult already, move residence occupancy means even more traffic. 10/16/201619:51:26 92660 10/16/2016 19:57:51 92660 Leave Newport as is. Follow Greenlight and General Plan. 10/16/201619:59:37 92660 10/16/2016 20:04:39 92660 Vote is no to the tower building 10/16/2016 20:06:04 92660 10/16/2016 20:08:24 92660 10/16/2016 20:11:10 92660 10/16/2016 20:11:43 92663 10/16/2016 20:20:29 92662 10/16/2016 20:20:50 92660 You are over developing the Fashion Island Area. We have too much traffic and not enough water now. No to more! 10/16/2016 20:22:47 92660 Too Big!! 10/16/2016 20:26:38 92625 10/16/2016 20:29:46 92660 Unfortunately the Irvine Co controls the Newport Beach planning & building dept. Money Talks and TIC "Donald Bren" has plenty to pay for what project they want to develop. TIC will not stop until every square mile is built out. The standing joke is Don Bren states certain areas will be open space & preserved...but only until Bren wants more money!!! Then the open space is No Longer important only another source of money. The impact with all the dense building to the streets, freeways, and community is detrimental. 10/16/2016 20:31:27 92660 10/16/2016 20:41:01 92660 10/16/2016 20:41:25 92660 This property was donated to be cultural, not residencial.We do not think that a residencial tower is an appropriate use of this property. 10/16/2016 20:53:29 92625 NO! 10/16/2016 21:07:57 92625 NO SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 19 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. In�gTheNext. Gmmuon 10/16/2016 21:10:19 92660 This tower is wrong for NEWPORT! Stop this! 10/16/2016 21:19:08 92625 10/16/2016 21:31:33 92660 10/16/2016 21:32:22 92660 10/16/2016 21:35:59 92660 10/16/2016 21:37:09 92660 10/16/2016 21:37:20 92660 10/16/2016 21:40:44 92660 10/16/2016 21:41:35 92660 10/16/2016 21:43:25 92657 10/16/2016 21:44:41 92660 10/16/2016 21:44:50 92663 10/16/2016 21:58:15 92660 Our leaders are failing us. The PIMCO tower, the new Irvine Company tower,the apartments, the old City Hall site,the new Lido Village etc etc. It is time to hold to account the City Council and demand that they preserve and maintain the quality of life of all residents, not just enrich developers. And by the way, has anyone looked into that connection that the gentleman on the Museum Board is also the exec at the development firm of the Museum Tower. Coincidence? 10/16/2016 21:59:50 92660 10/16/2016 22:00:06 92660 10/16/2016 22:01:21 92625 10/16/2016 22:08:40 92625 10/16/2016 22:13:33 92660 There is already too much building and excessive traffic.A distance that use to take about 10 minutes now takes 20-30 minutes From my home to Fashion Island 10/16/2016 22:17:49 92660 Happpy to support this action. 10/16/2016 22:18:06 92662 Why do we have to remind you-the city-that this just isn't right? Seriously! 10/16/2016 22:25:44 92625 Please reject the project. It's perfect for Chicago, NYC or parts of LA. Even LA voters are vehemently rejecting further development. If raged out of control. We have the ability to temper ill-planned growth. Grow we will, but with sense and sensibility to people's lives and the natural environment that sets us apart from ill- conceived projects. Sky-scrapping vertical development has a place,just not on this site. Newport Beach will be forever altered for the worse if this is approved. 10/16/2016 23:02:46 92660 Follow 2006 guide lines 10/16/2016 23:03:12 92625 10/16/2016 23:06:15 92660 10/16/2016 23:13:28 92625 10/17/2016 0:27:16 92660 10/17/2016 0:32:05 92660 10/17/2016 0:42:51 92625 Vote NO 10/17/2016 0:56:54 92660 This project will be an eyesore and is most unwelcome. VOTE NO 10/17/20161:48:50 92663 10/17/2016 4:20:24 92660 10/17/2016 4:21:06 92660 10/17/2016 4:46:24 92660 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 `o SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSur1V64vpoTi Impi�g�Next. GOMM.oa 10/17/2016 5:14:41 92625 Enough! 10/17/2016 5:45:55 92660 1 am opposed to this or any other residential project being built in Newport Center 10/17/2016 5:58:34 92660 10/17/2016 5:59:59 92660 There is already too much density and traffic. 10/17/2016 6:04:03 92660 10/17/2016 6:30:17 92660 10/17/2016 6:41:14 92660 10/17/2016 6:44:41 92660 10/17/2016 6:45:58 92625 Please we have overbuilt our city while ignoring the infrastructure of roadways and transit. Let's keep open space and culture. 10/17/2016 6:47:03 92625 10/17/2016 6:49:49 92625 10/17/2016 6:59:37 92658 10/17/2016 7:02:29 92660 No 10/17/2016 7:06:22 92660 10/17/2016 7:10:24 92660 10/17/2016 7:11:48 92663 10/17/2016 7:21:20 92660 10/17/2016 7:23:19 92660 10/17/2016 7:23:56 92660 10/17/2016 7:24:39 92660 Please 'press pause'on on these huge developments... So many other cities and counties are putting the brakes on! 10/17/2016 7:32:37 92625 This giant building on this tiny lot sets a terrible precedent. Do not start this madness! 10/17/2016 7:33:19 92660 10/17/2016 7:37:33 92660 10/17/2016 7:37:36 92660 10/17/2016 7:41:23 92660 Totally against in all respects 10/17/2016 7:42:06 92660 10/17/2016 7:42:40 92660 10/17/2016 7:42:57 92625 10/17/2016 7:50:32 92660 Newport does not need more congestion, high rise buildings or street traffic. 10/17/2016 7:51:54 92660 thanks for your work in protecting or community 10/17/2016 7:52:18 92660 10/17/2016 7:54:02 92660 10/17/2016 7:57:37 92625 10/17/2016 8:00:26 92663 NO 10/17/2016 8:01:46 92660 NONONONONO 10/17/2016 8:02:29 92660 nononono 10/17/2016 8:04:59 92660 10/17/2016 8:10:17 92660 10/17/2016 8:17:18 92625 10/17/2016 8:17:46 92660 10/17/2016 8:19:42 92625 1 have lived here in Corona Del Mar for 15 years. I have seen the traffic heavily increase over the past 5-10 years and this will only increase difficulty to maneuver around town. 10/17/2016 8:21:12 92625 This building is too high. Developer needs to resubmit proposal with fewer floors. SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 21 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS 1130 Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still Protecting iSur1V64vpoTi ImpiringThe Next . 10/17/2016 8:22:10 92625 10/17/2016 8:23:06 92625 10/17/2016 8:27:41 92625 This will directly effect traffic and congestion in Newport Beach and Corona Del Mar. 10/17/2016 8:29:09 92663 Enough is enough! 10/17/2016 8:29:41 92660 10/17/2016 8:30:26 92660 10/17/2016 8:36:00 92660 10/17/2016 8:40:05 92660 10/17/2016 8:46:39 92660 This building will be a blight on our beautiful city and the added traffic congestion will be a nightmare . I have lived in Newport Beach for over 50 years and it is so sad to see what is happening in the name of greed to our surroundings. This is not New York City and never will be!!! 10/17/2016 8:47:02 92660 10/17/2016 8:49:17 92660 10/17/2016 8:51:36 92663 10/17/2016 8:54:33 92660 Vote No! 10/17/2016 8:54:42 92660 Thank you for your service in voting 'no.' 10/17/2016 8:56:49 92625 10/17/2016 8:58:31 92660 Just say no! 10/17/2016 9:00:11 92660 10/17/2016 9:00:45 92660 10/17/2016 9:01:16 92661 10/17/2016 9:02:57 92660 10/17/2016 9:03:04 92660 10/17/2016 9:05:47 92627 10/17/2016 9:08:35 92663 Where does it all STOP? Almost every vacant lot or small residential/ commercial area in Newport Beach, Costa Mesa and surrounding areas are being built on. Tall, cramped , high density, ugly style condos and apartments are multiplying like rabbits. All surface streets are now into gridlock let alone the freeways. City infrastructures are overworked. More people, more crowds, more pollution, lessening quality of life. Please reject this intrusive project. It should be STOPPED in it's tracks. Thank you 10/17/2016 9:09:42 92625 10/17/2016 9:12:48 92662 10/17/2016 9:13:48 92660 Voting NO on Museum House in Newport Beach 10/17/2016 9:14:06 92663 The resources available to us during this time of water restrictions and traffic congestion should temper the desire of developers looking to build in Newport Beach. Our City commissions and council are well aware of the unbridled proliferation of oversized residential and commercial developments that have plagued us and continue to be a blight on our fair city, swallowing precious resources and adding to already congested traffic. Let cooler heads prevail and put the brakes on McMansions and out-of- proportion towers built to house many more people than we can rationally supply water or roads to during this time of such limited resources. I am continually surprised the City of Newport Beach even contemplates considering large projects that will use tremendous amounts of these limited resources as well as SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. L�gTheNext. Gmmd.on destroying the character of surrounding areas and neighborhoods. I suggest we preserve what is left of Newport Beach by thinking smaller, not larger. 10/17/2016 9:17:10 92660 No more multi-housing developments! 10/17/2016 9:18:20 92660 10/17/2016 9:19:39 92660 10/17/2016 9:22:53 92660 No 10/17/2016 9:24:22 92660 10/17/2016 9:27:12 92625 10/17/2016 9:28:20 92660 10/17/2016 9:28:52 92625 10/17/2016 9:29:06 92625 No 10/17/2016 9:31:37 92625 10/17/2016 9:32:04 92660 10/17/2016 9:35:53 92625 10/17/2016 9:36:02 92660 Besides an appalling lack of on-site parking (avg 1.5 spaces per apt)this behemoth is completely out of place - both aesthetically, geographically and practically. And clearly exhibits a dismissive slap-in-the-face to the citizenry of Newport Beach and its General Plan. 10/17/2016 9:37:20 92660 10/17/2016 9:37:40 92657 NO on this tower! Newport is the antithesis of LA.Ahank GOD!! 10/17/2016 9:38:54 92660 10/17/2016 9:41:11 92660 10/17/2016 9:50:31 92660 10/17/2016 9:53:01 92625 10/17/2016 9:55:32 92660 10/17/2016 9:57:22 92625 1 vote NO on this project! 10/17/2016 10:01:11 92660 Please keep our beach community a desirable place to be and not a metropolis. 10/17/2016 10:01:52 92660 Why are we so determined to ruin the charm of Newport Beach??? 10/17/201610:02:48 92625 10/1712016 10:08:21 92660 10/17/201610:08:43 92660 10/17/2016 10:09:31 92625 10/17/201610:09:46 92660 10/17/201610:10:48 92660 10/17/201610:13:47 92660 10/17/2016 10:14:44 92660 We do not need any more dense housing when there is a water storage with severe water restrictions! Obviously, more residents, more water needed!! 10/17/201610:15:32 92660 10/17/201610:17:09 92660 10/17/201610:18:14 92662 10/17/201610:18:48 92660 10/17/201610:19:52 92661 10/17/2016 10:22:33 92660 do not build these condos 10/1712016 10:28:21 92663 10/17/201610:32:58 92660 Traffic!! 10/17/2016 10:34:23 92625 Against any changes or modifications to the general plan. SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 `3 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. Impi�gTheNext. GOMM.on 10/17/201610:44:35 92660 10/17/201610:52:00 92625 10/17/2016 10:55:11 92663 10/17/201610:59:00 92663 10/17/2016 10:59:28 92663 When are they going to do a traffic study for these buildings? 10/17/201611:01:30 92663 10/17/201611:02:59 92660 10/17/201611:07:07 92662 10/17/2016 11:16:03 92625 It's not a museum and it's not a house. It's a condominium skyscraper, and a traffic nightmare. 10/17/2016 11:18:00 92661 We don't need more multilevel housing in Newport Beach. We already have too much traffic, and not enough water. Time to slow down the building. 10/17/201611:20:57 92625 10/17/201611:24:57 92660 10/17/2016 11:27:45 92660 Bad project for Newport Beach 10/17/201611:30:37 92661 10/17/201611:35:31 92660 No 10/17/201611:38:04 92663 10/17/201611:38:45 92663 10/17/2016 11:39:51 92663 10/17/201611:43:39 92663 10/17/2016 11:44:12 92625 We have a beautiful beachside community that is enjoyed by residents and visitors alike. We do not have the infrastructure to support the over-development of Newport Center. Please stick with the General Plan and the current zoning and deny this project. 10/17/201611:46:02 92660 10/17/2016 11:46:35 92660 Please stop with the development. We have way too much in the area already. 10/17/2016 11:46:39 92625 A comprehensive development plan needs to be developed for Newport Center rather than proposed developments racing each other to try to avoid public opinion. No new development should be approved until the 560+apartments are fully occupied and their traffic and other impacts can be determined. 10/17/2016 11:54:32 92625 Getting very crowded as it is!! 10/17/2016 11:56:41 92625 10/17/2016 11:58:40 92660 Vote no on this building. 10/17/2016 11:59:20 92625 No on this mega structure 10/17/201612:02:04 92660 10/17/201612:04:13 92660 10/17/2016 12:04:43 92660 Newport doesn't need excessive growth! It's certainly grown, but please let's keep some quaintness and charm...think Carmel! 10/17/2016 12:04:53 92660 Please stop this. Save are city 10/17/201612:08:44 92625 10/17/201612:08:58 92660 10/17/201612:11:18 92660 10/17/201612:12:59 92663 10/17/2016 12:13:41 92660 10/17/201612:13:46 92660 10/17/2016 12:14:02 92643 please email updates SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 `4 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed 5 2) Still ProtectingiSu'r1V5uvpiSTi. In�gTheNext. GOMM.on 10/17/201612:14:30 92660 10/17/2016 12:16:11 92 660 10/17/201612:24:18 92660 10/17/201612:27:28 92660 10/17/2016 12:32:13 92662 This area is and will be congested enough without more high rises 10/17/2016 12:34:45 92625 Keep up the good work. 10/17/2016 12:35:39 92625 Keep up the good work. 10/17/201612:37:07 92625 10/17/201612:44:26 92660 10/17/201612:44:59 92660 10/17/2016 12:44:59 92660 Please don't allow this high rise! 10/17/201612:49:06 92660 10/17/201613:03:27 92625 10/17/201613:05:44 92660 10/17/2016 13:18:30 92625 No on tower 10/17/2016 13:18:39 92660 Take it to the general election vote to see what the people that LIVE here already want. 10/17/2016 13:22:35 92660 STOP the excessive building! Will Don Bren never be satisfied! 10/17/2016 13:24:59 92660 The growth at Fashion Island is becoming for too dense. It must stop. NO ON THIS PROJECT 10/17/201613:46:38 92660 10/17/2016 13:47:13 92625 NO, No . This residential tower is an eyesore and will not fit in. It also will add to an overcrowded area, more traffic and noise to our area. It is incompatible and is destroying our area!! 10/17/201614:01:38 92625 10/17/201614:02:32 92625 10/17/2016 14:09:59 92625 Newport Beach Fashion Island &surrounding area is over built. Stop trying to put 3 lbs. of something into a 2 Ib. bag. Enough!!!!! 10/17/2016 14:30:13 92660 1.The people voted on the general plan and it does not allow this type building. This should only be changed by the vote of the people. 2. There is a water shortage and this building will make it worse. 3. This will increase traffic which is already bad. 4. It is time for our council to stand up for the people instead of the developers or money folks. 10/17/201614:36:18 92661 10/17/2016 14:37:41 92660 10/17/2016 14:43:37 92663 Please do not allow the height restrictions to be changed and do not allow this sky-scraper building to be approved in our Newport Center area. 10/17/2016 14:50:50 92660 Let the museum do fund raising to build their new facility. A smaller building would be much more appropriate for this space since the Irvine Company just added 522 additional apartments!! We're tired of all the traffic and NOISE!!!! 10/17/201614:58:49 92660 10/17/201615:01:30 92660 10/17/2016 15:04:26 92625 No more building higher than 2 stories. 10/17/2016 15:14:45 92660 The water and sewer requirements of the project will require pipe replacements on Jamboree Blvd. This will affect traffic going to CDM HS as well work traffic towards the 73 Fway. It may take months to change over the pipes. I don't think SPON i Po Box 102 1 Balboa Island,CA 92662 1949.864.6616 25 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. I�g�Next. Ganaation that as City Council Members you will want to deal with the complaints from citizens because of this construction. 10/17/201615:41:47 92660 10/17/2016 15:45:11 92625 Stop the high rises 10/17/2016 15:51:23 92660 Definitely AGAINST this project!!! Judy and Paul Brown 10/17/201615:53:48 92660 10/17/2016 16:02:51 92625 The population density here is getting out of hand and a massive housing unit such as this is just going to cause more congestion and stress for our city. If our museum is not attracting enough money, maybe they need to make some changes to their choice of art works that might attract more donors. 10/17/2016 16:06:57 92625 this bldg.will be seen from everywhere in the city. a true abomination of every reasonable planning action by our city offivials. 10/17/201616:12:03 92660 10/17/2016 16:16:35 92660 NO!!! ENOUGH! 10/17/201616:20:27 92625 10/17/201616:22:44 92663 10/17/201616:33:14 92660 10/17/201616:38:37 92660 10/17/2016 16:52:29 92660 No more building please! 10/17/201616:52:58 92660 10/17/2016 16:53:40 92625 No on the Museum project 10/17/2016 17:03:32 92625 Please, Please, Please just say'NO'to this totally inappropriate project. Too tall, too dense, too much traffic and we don't have enough water! 10/17/2016 17:04:17 92660 A blight on our community. We don't have the roads, water, schools, infrastructure, etc. to support this building. We feel the city is just trying to gain more tax revenue to pay for their overblown pension, city hall, and other debt obligations, at the expense of the existing residents. 10/17/201617:05:38 92660 10/17/201617:05:44 92660 10/17/2016 17:16:32 92660 vote no 10/17/201617:29:46 92625 10/17/201617:31:17 92660 10/17/201617:40:47 92660 10/17/2016 17:49:11 92627 1 am totally against this project. this is not Century City. 10/17/201617:51:22 92660 10/17/201618:05:10 92660 10/17/201618:05:47 92660 10/17/201618:11:25 92660 10/17/201618:41:03 92660 10/17/201618:53:39 92662 10/17/201618:53:58 92663 10/17/201618:54:49 92660 10/17/2016 18:55:21 92660 10/17/201618:55:54 92660 10/17/201618:56:05 92660 10/17/201618:56:34 92660 10/17/201618:56:40 92660 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 `6 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed 5 2) Still ProtectingiSu'r1V�uvpoTi. In�gTheNext. S;enuation 10/17/2016 19:05:25 92625 Please stop this project !! If it goes thru it will open the door for similar projects!!!! 10/17/2016 19:20:37 92651 Traffic and additional shadow SJHR and Big Canyon residences 10/17/201619:26:08 92660 10/17/201619:36:20 92625 10/17/201619:47:32 92660 10/17/201619:58:00 92625 10/17/201619:58:54 92660 10/17/201619:59:16 92661 10/17/2016 19:59:33 92660 Voting nou 10/17/201619:59:40 92660 10/17/2016 20:00:13 92662 10/17/2016 20:00:54 92657 10/17/2016 20:00:56 92662 10/17/2016 20:01:14 92660 Water use and traffic from all these units. Already way too much at San Juoquin and Jamboree!!! 10/17/2016 20:04:04 92660 10/17/2016 20:05:55 92660 10/17/2016 20:07:01 92660 10/17/2016 20:07:02 92660 Too much. Too big. Why???? 10/17/2016 20:15:10 92660 Enough is enough. Stop overbuilding our town. Residents first, not developers. 10/17/2016 20:17:36 92660 Enough is enough!! 10/17/2016 20:24:56 92625 10/17/2016 20:28:06 92663 NO 10/17/2016 20:29:00 92663 No, this is not a good move. The density of population is so high now, the roads are becoming intolerable. You used to be able to use them between 10 AM and 2 Pm and after 7 PM. Now they are all clogged almost all the time. Quality of life is not improved with this new building. twill not bean asset and could well lead to many more of these adding to the density and the other consequences. No don't approve this new building. Joan Klose 10/17/2016 21:01:14 92657 10/17/2016 21:10:35 92660 Too dense, too high, too many people, too much traffic! TOO MUCH!! 10/17/2016 21:12:12 92660 10/17/2016 21:16:51 92660 10/17/2016 21:42:54 92663 10/17/2016 21:44:55 92625 10/17/2016 21:49:09 92660 Perverse 10/17/2016 21:49:37 92625 10/17/2016 21:50:29 92660 10/17/2016 21:57:48 92660 We only have one chance to protect our lovely Newport!!! THANK YOU SPON + 10/17/2016 21:57:51 92660 10/17/2016 21:58:00 92660 10/17/2016 22:02:50 92663 10/17/2016 22:07:40 92660 10/17/2016 22:21:26 92660 10/17/2016 22:22:09 92660 10/17/2016 22:22:44 92660 10/17/2016 22:23:16 92660 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 `7 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. In�gTheNext. fbrtaation 10/17/2016 22:23:48 92625 10/17/2016 22:29:36 92660 10/17/2016 22:42:48 92660 10/17/2016 23:04:32 92660 When will it stop??? Enough building near Fashion Island -will we ever be able to drive down Jamboree. I didn't move to this beautiful city to get it thrashed by carpetbaggers! 10/17/2016 23:08:17 92625 10/17/2016 23:18:16 92625 10/17/2016 23:28:17 92655 1 would add that because we are in a draught; it's unsustainable to build MORE living quarters in addition to the apartments on Jamboree & San Joaquin. 10/18/2016 1:04:01 92663 10/18/2016 5:59:42 92660 10/18/2016 6:53:04 92663 10/18/2016 7:10:12 92660 10/18/2016 7:20:23 92660 Please follow the voter approved General Plan 10/18/2016 7:37:03 92660 10/18/2016 7:39:11 92625 10/18/2016 7:42:28 92663 10/18/2016 7:43:20 92663 10/18/2016 7:43:27 92660 10/18/2016 7:44:38 92660 Newport Beach should take a long, slow review of all the new building projects to better provide sustainable and reasonable growth instead of these all-out buildings which add to our over-travelled roads and lack of available water. 10/18/2016 7:45:03 92660 This is a horrible idea. Do not allow our city to be ruined by greed and do not allow this high density residential tower. 10/18/2016 7:50:15 92625 10/18/2016 7:52:55 92660 10/18/2016 8:03:12 92660 10/18/2016 8:05:39 92661 10/18/2016 8:05:41 92660 10/18/2016 8:06:28 92660 10/18/2016 8:12:05 92660 10/18/2016 8:16:39 92663 10/18/2016 8:34:00 92660 1 am against this high-rise apartment building. This type of construction is wrong for Newport Beach. It's a hideous proposal that violates every planning tenet in the city. The citizens of Newport Beach must have the vote on this collosal monstrosity. 10/18/2016 8:46:54 92660 No WAY!! 10/18/2016 8:50:42 92660 10/18/2016 8:59:33 92625 10/18/2016 9:05:16 92660 10/18/2016 9:06:28 92663 10/18/2016 9:07:18 92625 The proposed structure is totally out of line with what residents would want for their community. Stop handing over huge profits for builders and start representing the members of this community. 10/18/2016 9:09:23 92663 1 do not want this project to be approved even with a reduced number of units 10/18/2016 9:20:36 92660 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 9 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSurlV�uvpiSTi. - I�gTheNext. Gmmfibn 10/18/2016 9:33:29 92660 There are far too many units in the Newport Center area already. More traffic , air quality pollution are unacceptable as well as more water consumption. 10/18/201610:06:24 92660 10/18/2016 10:11:17 92625 don't spoil our view and add to congestion 10/18/2016 10:12:54 92660 Stop the madness! No more! 10/18/2016 10:17:10 92660 This is an out-of-character proposal for more housing than is envisioned in our General Plan at a location not envisioned in our General Plan. Please vote NO! 10/18/201610:21:52 92625 10/18/2016 10:22:06 92660 As a 65 year Newport Beach resident and native of Southern California, I have personally witnessed all of the Irvine Co. and Newport Beach development. Living here is no longer ideal with increased traffic, difficult parking, restaurant dining access, etc. I cannot phantom that ANYONE would desire this proposed Museum House Residential Tower monstrosity for anywhere in Newport Beach! 10/18/201611:02:36 92625 10/18/201611:06:33 92625 10/18/2016 11:07:14 92660 This is the wrong project for this location. 10/18/201611:16:05 92660 10/18/201611:39:06 92663 10/18/201611:40:44 92663 10/18/2016 11:44:41 92660 PLEASE Vote NO on Museum Tower. Newport Beach is Special -do not change its look and feel. 10/18/2016 11:58:38 92625 MacArthur and Jamboree are already traffic bottlenecks as it is. More high density housing would add to this already considerable problem in and around Newport Center/Fashion Island! 10/18/2016 12:36:37 92663 Please VOTE NO on the Museum House Residential Tower project. 10/18/2016 12:42:07 92660 1 want to save Newport from unsightly buildings of ALL kinds! 10/18/201612:51:48 92660 10/18/201612:58:48 92625 10/18/2016 13:16:18 92663 Do not build stop!!!!! 10/18/201613:20:30 92660 10/18/201613:21:02 92662 10/18/201613:30:40 92625 10/18/2016 13:44:33 92663 1 vote NO 10/18/2016 13:44:35 92663 1 vote NO 10/18/2016 13:49:29 92625 Stop the out of control construction of high density!!!!!! The San Joaquin and Jamboree apartments are too, too much!!!!!! 10/18/2016 13:49:29 92663 Stop over development of Newport 10/18/2016 13:49:50 92663 Stop over development of Newport 10/18/2016 13:51:45 92663 Stop the over development of N Beach 10/1812016 14:04:41 92662 10/18/201614:07:27 92660 NO 10/18/201614:14:10 92660 10/18/201614:16:52 92660 10/18/2016 14:24:56 92660 The Villas at Fashion Island destroyed the historic feel of fashion island. Most people I know call it"The Prison". This tower is absolutely unacceptable. Why has it even gone this far considering the measures this cities residents have put in place to restrain these things. As a 42 year resident it seems my fellow city SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 29 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. Impi�g�Next. Gommoa residents speak out yet government clever accepts developers tricks of legality and severely bent traffic studies to enable this type of private profit taking take away the greater good of this city. This tower idea MUST STOP NOW.Thank you. 10/18/201614:27:42 92660 10/18/2016 14:29:13 92660 enough is enough. We love our beautiful city because of the charm it has always had. All these horrible massive buildings is causing traffic and a city atmosphere. We do not want or need all of these condo and apartment dwellings. 10/18/201614:42:14 92661 10/18/201615:01:34 92663 10/18/201615:06:36 92660 10/18/201615:07:50 92625 10/18/201615:13:26 92657 10/18/2016 15:17:04 92660 No way that big building should go in that area.With the 500+ units on San Joaquin off Jamboree this will make traffic on those intersections more intolerable that it already is. Try crossing one of those intersections and look at the vehicles on the road 10/18/201615:20:17 92625 10/18/201615:32:19 92661 10/18/2016 15:54:20 92625 no on all this absurd building You are destroying our community 10/18/201616:00:19 92663 10/18/201616:05:10 92660 10/18/201616:10:59 92662 10/18/201616:20:45 92662 10/18/201616:37:12 92660 10/18/2016 16:52:27 92660 vote NO 10/18/2016 16:56:06 92660 Vote NO 10/18/2016 16:57:08 92660 Vote NO 10/18/2016 16:58:11 92660 vote NO 10/18/201617:02:14 92660 10/18/201617:05:32 92663 10/18/201617:09:00 92625 10/18/201617:14:32 92660 10/18/201617:15:08 92660 10/18/201617:23:49 92662 10/18/2016 17:26:57 92660 The traffic due to high density residential is threatening the sanity of our idyllic city. Irvine has become gridlock during commuter hours and a cringe to see Newport succumb to the same. Newport traffic has worsened considerably around Fashion Island and the thoroughfares surrounding it in just the past 5 yrs. 10/18/2016 17:27:25 92660 This area is already too intensely populated. We must say"no"to more residential housing which will only add more cars and congestion. 10/18/2016 17:29:16 92662 Enough already!!!! 10/18/2016 17:30:51 92660 Enough is enough,,,, 10/18/201617:44:44 92660 10/18/201617:45:34 92660 10/18/201617:45:43 92660 10/18/2016 17:51:51 92663 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 .0 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpiSTi. I> gThe'•Next. cm aarioa 10/18/201617:52:19 92660 10/18/201618:03:33 92663 10/18/2016 18:05:43 92660 Abolutely no...on this development. Enough!!!! 10/18/2016 18:15:48 92657 Dear Newport Beach Planning Commission and City Council: Please vote to deny the project proposed at the current location of the Orange County Museum of Art, a 2-acre site located at 850 San Clemente Drive. Here's why. • IT'S OUT OF PLACE. The proposed 25-story, 295 feet high, 100-unit residential condominium tower is completely incompatible with surrounding development and will stick out like a sore thumb. • IT'S TOO TALL. No other development in San Joaquin Plaza is even close to the proposed building height. • IT'S NOT COMPLIANT. The high rise height of 300 feet applies only to nonresidential development. Therefore, the proposed residential project is not eligible for the high rise height limit. • IT'S NOT ALLOWED. Residential use of the site is not currently permitted and requires approval of an amendment to the General Plan, a zoning change and a Greenlight vote. • IT SETS A BAD PRECEDENT. Granting approvals of these amendments sets a precedent for changing, rather than respecting the City' 10/18/2016 18:16:31 92663 10/18/201618:20:52 92660 10/18/201618:47:49 92660 10/18/2016 19:00:39 92660 Please do not build this and make it impossible to drive up Jamboree. Quit destroying Newport. 10/18/201619:14:09 92660 10/18/2016 19:39:28 92660 As a city council candidate ,district#7, 1 have consistently OPPOSED the project in every debate, while my opponent Will O'Neill, has either SUPPORTED it or dogged the question on legal grounds.....!!??Will O'Neill and his "TEAM NEWPORT" friends represent the special interest group that want to continue violating our General Plan by getting General Plan Amendments and turn our MacArthur Blvd to Whilshire Blvd. in the near future. Who do you want for your next city councilman...??Anther"Team Newport" member or someone with knowledge of the the City with experience and time to work for the interest of the residents ? It's your choice.... VOTE FOR : FRED AMERI 10/18/2016 19:44:55 92660 Please vote no on the Museum House project. 10/18/2016 19:57:06 92660 VOTE NO!! I don't want a highrise condo in Newport Beach. 10/18/2016 20:06:12 92627 10/18/2016 20:08:29 92660 10/18/2016 20:16:40 92625 10/18/2016 20:19:48 92663 10/18/2016 20:20:10 92625 10/18/2016 20:20:53 92663 10/18/2016 20:32:43 92660 Completely against! 10/18/2016 20:38:30 92660 No 10/18/2016 20:44:45 92663 10/18/2016 20:45:08 92660 10/18/2016 20:45:39 92663 Please do not build another large residential building in this area. It will cause too much traffic and have a negative impact on current residents in the city. SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 ed ON t - 5- 2) Still ProtectingiSu'r1V�uvpoTi. In�gTheNext. "°8tl0" Thank you. 10/18/2016 20:48:16 92663 10/18/2016 21:08:52 92660 10/18/2016 21:17:32 92660 10/18/2016 21:29:45 92627 10/18/2016 21:31:26 92660 10/18/2016 21:39:02 92663 Follow Greenlight or repeal it! 10/18/2016 21:41:49 92660 It is too tall and big. Too much traffic. Out of place!!! 10/18/2016 21:46:51 92660 NO 10/18/2016 21:47:16 92660 This is absolutely ridiculous and not necessary. It will cause all sorts of congestion in the area. We do not need anymore housing in an already over crowded area. 10/18/2016 21:48:02 92660 VOTE NO!! I don't want a highrise condo in Newport Beach. 10/18/2016 21:51:12 92660 10/18/2016 22:10:55 92660 We appreciate and support this organization 10/18/2016 22:18:59 92625 10/18/2016 22:24:19 92660 1 oppose any any residential building at 850 San Clemente Drive! 10/18/2016 22:37:24 92625 10/18/2016 22:38:12 92660 10/18/2016 22:43:25 92663 SPON i PO Box 102 1 Balboa Island,CA 92662 1949.864.6616 32 SPON-NewportBeach.org i Info@SPON-NewportBeach.org i Facebook.com/SPON-Newport Beach LITS I PO Box 15725 i Newport Beach, CA 92659 1949.734.0684 LinelnTheSandPAC.com i Facebook @LITSPAC I ID#1369133 Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) COMMUNITY IELOPMENT 'ARTMENT H f 100 Civic Center Drive Newport Beach,California 92660 d� 949 644-3200 C�Oro%N`P newportbeachca.gov/communitydevelopment Memorandum To: Planning Commission From: Kim Brandt, Community Development Director Date: October 20, 2016 Re: Draft Development Agreement for the Museum House Residential Project Supplemental Information for Agenda Item No. 4 October 20, 2016 Meeting 850 San Clemente Drive (PA2015-152) Attached for your review and consideration is Exhibit D- 0.9 Acre Parcel Donation Agreement of the draft Development Agreement for the Museum House project. The donation agreement is between the City of Newport Beach and the Orange County Museum of Art regarding 856 San Clemente Drive. Attachment: Exhibit D — 0.9 Acre Parcel Donation Agreement Community Development Dep Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) EXHIBIT D 0.9 ACRE PARCEL DONATION AGREEMENT Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) DONATION AGREEMENT by and between The City of Newport Beach and the Orange County Museum of Art Regarding 0.9 Acre Parcel (APN #442-261-17) This Donation Agreement ("Agreement") is made by and between the City of Newport Beach ("Cit '), a California municipal corporation, and the Orange County Museum of Art (successor-in-interest by merger to Newport Harbor Art Museum) ("OCMA'), a California nonprofit public benefit corporation, as of 2016 ("Effective Date"). City and OCMA are referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS A. OCMA is the owner of fee title to that certain approximately 0.9 acre real property parcel located in the City located at 856 San Clemente Drive (APN # 442-261-17), as more particularly described in Exhibit A and depicted on Exhibit B attached hereto, including all fixtures and improvements thereon (collectively, the "0.9 Acre Parcel"). B. OCMA is also the owner of fee title to a 1.99-acre parcel located at 850 San Clemente Drive(APN# 442-261-05) (the "Museum Parcel"). OCMA has entered into a contract with OCMA Urban Housing, LLC ("Developer") for the purchase of the Museum Parcel (the"Museum Parcel Purchase Agreement"). C. The Museum Parcel is subject to the provisions of that certain Development Agreement by and between the City and Developer (Ordinance No. _, the "Development Agreement") regarding the entitlement and development of the Museum Parcel for the "Museum House"project comprised of one-hundred (100) residential dwelling units ("Project"). The Development Agreement was introduced on , 2016 and adopted by the Newport Beach City Council on , 2016. As a condition to the Development Agreement, Section 3.2 thereof requires Developer to cause OCMA to donate the 0.9 Acre Parcel to the City. OCMA has agreed to such donation of the 0.9 Acre Parcel on the terms set forth herein. D. Consistent with the Development Agreement, the Parties desire that fee ownership of the 0.9 Acre Parcel be transferred via quitclaim deed to, and vested in, the City, subject to a limited-term Leaseback (defined below) to OCMA on the Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) terms set forth herein, and that the 0.9 Acre Parcel be thereafter held and operated in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the above, OCMA offers to donate the 0.9 Acre Parcel to the City in fee, and the City accepts said offer, upon the following terms and conditions: 1. Timing. Subject to the condition precedent set forth in Section 4 of this Agreement, OCMA agrees to convey, assign, and transfer all of its interest in the 0.9 Acre Parcel to the City pursuant to a quitclaim deed, duly executed and acknowledged by OCMA, within thirty (30) days of the last of the following events to occur ("Transfer Date"): a. Thirty (30) days after the date that the City Council adopts the Development Agreement via ordinance ("Adopting Ordinance"); b. If a referendum concerning: (i) the Adopting Ordinance: (ii) any of the land use entitlements, approvals and/or permits approved by the City for the Project, or any of the land use and subdivision regulations governing the Project (collectively, "Project Approvals") is timely qualified for the ballot and a referendum election is held concerning same, the date on which the referendum is certified resulting in upholding and approving same and allowing for the development of the Project; c. If a lawsuit is timely filed challenging the Project Approvals, the date on which said challenge is finally resolved in favor of same 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; or d. The date on which title to_850 San Clemente Drive (APN # 442-261-05) has been transferred to, and vested in, OCMA Urban Housing, LLC as evidenced by an instrument duly recorded with the Office of the County Recorder of the County of Orange. 2. Leaseback. Beginning on the Transfer Date, City shall lease the 0.9 Acre Parcel back to the OCMA for a term of five (5) years ("Leaseback"), pursuant to the following terms and conditions: a. Leaseback Financial Obli atg ions. OCMA's annual rent obligation shall be fixed at one dollar ($1.00). During the Leaseback, OCMA shall be solely responsible for any maintenance expenses, building insurance, and property taxes (i.e., triple net lease). b. City's Leaseback Rights. The City shall retain limited access rights to the 0.9 Acre Parcel throughout the Leaseback to inspect, survey and/or Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) analyze the 0.9 Acre Parcel. The City's access during the Leaseback shall occur, if at all: (i) during normal business hours; (ii) subject to three (3) calendar days' prior written notice to OCMA; and (iii) in strict compliance with OCMA's reasonable security procedures. The City's access shall not materially interfere with OCMA's use of the 0.9 Acre Parcel. The City has no right to make any physical improvements or modifications to the 0.9 Acre Parcel during the Leaseback. c. Leaseback Indemnification. City shall indemnify, defend, save, and hold harmless OCMA, its elected officers, employees, and agents, from and against any and all liability, expense (including defense costs and legal fees), and claims for damages of any nature whatsoever arising out of the City's use of the 0.9 Acre Parcel during the Leaseback. The foregoing terms shall be set forth in a lease agreement to be executed by OCMA, as tenant, and the City, as landlord, on or before the Transfer Date, in such form as may be reasonably acceptable to the Parties. 3. Physical Condition. OCMA offers the 0.9 Acre Parcel to the City in "as is" condition, without any representations or warranties regarding physical condition of the 0.9 Acre Parcel or its improvements. OCMA shall have no obligation to the City to perform any repairs, alterations or improvements to the 0.9 Acre Parcel (other than normal maintenance during the Leaseback). 4. Declaration of Special Land Use Restrictions. As a condition precedent to the effectiveness of this Agreement and OCMA's execution thereof, the City shall deliver to OCMA written consent to said transfer from The Irvine Company, as well as The Irvine Company's waiver of its future rights and OCMA's future obligations under the Declaration of Special Land Use Restrictions, Right of First Refusal, Mortgage Lien and Other Remedies recorded in the County of Orange, California(Instrument No. 19950519961). 5. City Use of 0.9 Acre Parcel. Following expiration of the Leaseback term, the 0.9 Acre Parcel shall be used in a manner that is consistent with the City's General Plan and corresponding zoning. No physical redevelopment of the 0.9 Acre Parcel is contemplated as of the Effective Date, and the City intends to continue to operate the 0.9 Acre Parcel in a manner consistent with its operations on the Effective Date for the foreseeable future. To the extent that the City may wish to change the use or development of the 0.9 Acre Parcel at a currently-unforeseen point in the future, such a change would be required to adhere to all applicable development controls, including but not limited to Title 20 of the Municipal Code (planning, zoning and density bonus), Title 5 of the Municipal Code (business licenses and regulations), the Subdivision Map Act (Government Code Section 66410 et seg.), the California Environmental Quality Act (California Public Resources Code Sections 21000-21177) and CEQA's implementing regulations as Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Section 15000 et seq.). 6. Condition of 0.9 Acre Parcel. City acknowledges that neither OCMA, its agents, employees nor its other representatives have made any representations or warranties regarding any matter relating to the 0.9 Acre Parcel, including but not limited to the 0.9 Acre Parcel's physical condition, title, environmental conditions, adequacy of design, suitability for a particular purpose, effect of zoning and/or other applicable laws, regulations and/or governmental rulings, or the accuracy, completeness or relevance of any materials or information regarding the 0.9 Acre Parcel. City agrees that it is relying exclusively on its own independent judgment of all such matters and the 0.9 Acre Parcel is being accepted in an "as-is, where-is, with-all-faults" condition with all physical or title defects. 7. Indemnification. City shall indemnify, defend, save, and hold harmless OCMA, its elected officers, employees, and agents, from and against any and all liability, expense (including defense costs and legal fees), and claims for damages of any nature whatsoever arising out of OCMA's donation of the 0.9 Acre Parcel to the City excluding only claims arising during the term of the Leaseback which are proximately caused by the acts or omissions of OCMA or its employees, agents or permittees on the 0.9 Acre Parcel. S. Taxes and Assessments. OCMA shall pay all general and special real property taxes and supplemental assessments, as well as any assessments, special taxes or other payments arising from bonds, contracts, or liens created by, through or as a result of the efforts or activities of OCMA (collectively, "Obligations") that have accrued prior to the Transfer Date. Except as set forth in Section 2 of this Agreement, City shall pay for all Obligations accruing from the Transfer Date. 9. Transactional Fees. All recording, escrow, title, insurance and other fees necessary to effect the donation of the 0.9 Acre Parcel to the City shall be paid by the City. 10. Amendment. This Agreement may be amended only by the written mutual consent of OCMA and the City. 11. Required Actions of City and OCMA. City and OCMA agree to execute all such instruments and documents and to take all actions pursuant to the provisions of this Agreement in order to consummate donation of the 0.9 Acre Parcel. Notwithstanding the foregoing, in no event shall the City have any right to record this Agreement or any memorandum thereof prior to satisfaction of the City's obligations under Section 4 above to deliver to OCMA the written consent to transfer and waiver of rights under the SLURS by The Irvine Company as required thereby. Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) 12. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the 0.9 Acre Parcel and supersedes all prior oral and written communications regarding same. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Agreement. 14. California Law. This Agreement shall be construed in accordance with the laws of the State of California. 15. Waivers. No waiver by either Party of any provision of this Agreement shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 16. Headings. The headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections of this Agreement. 17. Severability. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion shall be severed from this Agreement and the remaining parts shall remain in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement, provided that the remaining provisions of the Agreement can be reasonably and equitably enforced. 18. Binding Effect. The provisions of this Agreement shall be binding upon the Parties and their respective successors-in-interest. 19. Individual Authority. The individuals executing this Agreement on behalf of both Parties affirm that they have the legal power, right, and authority to bind the Parties to the terms and conditions of this Agreement. 20. Assistance of Counsel. Each Party either had the assistance of counsel or had counsel available to it, in the negotiation for, and the execution of, this Agreement, and all related documents. 21. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested or by Express Mail or Federal Express to the following address: To City: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Attorney Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) To OCMA: Orange County Museum of Art 850 San Clemente Drive Newport Beach, CA 92660 Attn: Director and CEO Notice shall be deemed given two (2) business days after deposit with a carrier as specified above. Notice of a change of address shall be given by written notice in the manner detailed herein. ***********************SIGNATURE PAGE FOLLOWS********************** Planning Commission - October 20, 2016 Item No. 4g Additional Materials Received Museum House Residential Project (PA2015-152) IN WITNESS WHEREOF, the Parties have executed this Agreement or caused it to be executed on their behalf, on the day, month, and year first written above. "OCMA" By: Name: Title: "CITY" CITY OF NEWPORT BEACH By: Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney 1329748.4 Planning Commission - October 20, 2016 Item No. 4h Additional Materials Received useum House Residential Project (PA2015-152) ?Alin Y 1974 . October 20, 2016 City of Newport Beach Planning Commission Attention: The Honorable Kory Kramer, Chair And Commissioners Koetting,Zak, Dunlap, Hillgren, Lawler, Weigand c/o: Brenda Wisneski, Staff Liaison and Deputy Community Development Director 100 Civic Center Drive Newport Beach, CA 92660 (via email or in person) Re: Item 4: Support of Related California Museum House Residential Project(PA2015-152) Honorable Chair, Commissioners, City Staff and Fellow Newport Beach Residents: As President and Consultant, respectively, of the Newport Beach Police Association (NBPA), on behalf of our members and that also of the Newport Beach Firefighters Association(NBFA)-- we are pleased to announce our strong support of Related California's proposal to develop the Museum House Residential Project before you tonight. The NBPA and that of the NBFA are on the front line protecting our community and offer unique insights into the quality of this applicant and proposed project they respectfully submit to you for your consideration and our hope unanimous approval. We at the NBPA understand the unique and special role the business community provides and we believe we must be proactive in helping when appropriate, to grow the city budget and resources responsibly. We take our role seriously and want to help you do your job even better and always help whenever we can. The NBFA feels the same way and our proud to signal their support with us as well. This is a model our consultant and others have used in Anaheim and other cities where the police and public safety groups join with the business community on key projects of mutual interest. This creates a win/win and we want to do our part to grow the city budget, resources and see good projects become a reality. This includes development, city,public benefit and more items in the future. Planning Commission - October 20, 2016 Item No. 4h Additional Materials Received Museum House Residential Project (PA2015-152) Both groups understand the role we play for calls for service as well as that of code enforcement. We have studied the project and find it exceptional from all aspects. The draft EIR shows that Museum House will have no significant long-term impacts. This was important to our decision to endorse Museum House. This project will not significantly impact traffic patterns or water supply in Newport Beach. The applicant also feels that by promoting walkability, Museum House makes our roads safer(thus by decreasing trips). We feel confident that Museum House will not adversely impact any Police or Fire Services in any substantial way. The draft EIR found that Museum House is consistent with the City of Newport Beach General Plan. The building is in the right part of Fashion Island, along the northern portion, where other residential developments already exist and in proximity to Newport Beach's other high rise office buildings. Set at a lower elevation,Museum House will appear up to 60 feet shorter than surrounding buildings. Museum House complements the existing skyline without compromising ocean views. Related's commitment to open space and LEED-Silver design is a model for environmental sustainability, energy savings, and water usage reduction in Newport Beach. Some of the many benefits this project will bring: • Museum House will grow and enhance the Newport Beach tax base, which will provide more dollars for critical city services; • Designed to a first class standard by one of the world's finest architects, Museum House will further enhance property values in the surrounding area; • Designed by world-renowned architect Robert A.M. Stern,Museum House will become an extension of the luxury brand of Fashion Island and will be developed to an unprecedented level of quality and luxury; • The Project will include lifestyle amenities such as a wellness center, state-of-the-art fitness center; • Museum House will feature around-the-clock valet and concierge services in addition to proper security staffing at all times,therefore helping to solve problems before they become unnecessary calls for service on us as first responders. We are particularly pleased to learn of the Public Benefits it has to the City and that on the revenue/tax base: • $5.9 million in Permit and Impact Fees. o Approximately $1.8 million in Permitting Fees. o Approximately $4.1 million in Impact Fees. o $2.9 million in In-lieu Park fees. o $150,000 in Traffic Fair Share Fees. o $116,000 in Transportation Corridor Fees. o $720,000 in School Fees. o $240,000—SJ Transportation Corridor Fee. 0 $6.7 million Community Benefit Contribution Payment. Planning Commission - October 20, 2016 Item No. 4h Additional Materials Received • Donation by OCMA of a 0.9 acre parcel of land Rniject (PA2015-152) Project) to the City. • Approximately $4.5 million of annual property tax revenues. • Provides new housing stock for current Newport residents. For these reasons and many more we urge your"aye"vote and unanimous support of this project. We are planning on being in attendance now and at all preceding's to lend our voice as outlined in this letter. As we have important calls for service or other items that arise without warning, please excuse our absence as it may occur. However, respectfully please do note and take into consideration our unanimous support of this quality project and development company from start through completion. Respectfully, V I. W aWV *V Vlad Anderson President,Newport Beach Police Association (NBPA) ;;76 / M, �o� Peter W. Mitchell Consultant,Newport Beach Police Association (NBPA) Executive Director, The Orange County Coalition of Police and Sheriffs (OC Cops) Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) AW Museum •R' mss_ + I /Rt II II r T I � • F� �- I Jam+. ` • _ Residential O � B Planning Commission C)ct • • • • • Cq��oRN�P Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Hearing Outline � z a a.C'dt/FORN�P Staff Presentation — summary of project application, CEQA ■ Applicant Presentation Public Comments Community Development Department - Planning Division 2 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Vicinity Map ' a • � _� -1{, �\ r' � s9Z, 1, p ♦ ��'te OCMA Administration Subject Property 85o San Clemente Building - Drive 856 San Clemente Dr. li i :- Approx. 2 acres Approx. 1 acre _ hP AN CLEMENiE DR!—+�_ T ♦ OP ` II/zF- Community Development Department - Planning Division 3 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) SEW roa Project r Overview ?' a C'4G/FOPNP • Two acre site at 850 San Clemente Drive ® Existing Orange County Museum of Arts (OCMA) to be demolished (Approx. 24,000 square feet) ® Proposed improvements & amenities ■ Condominium tower — loo for-sale units (54 Two Bedroom, 46 Three Bedroom) ■ Gross Floor Area — 392,000 square feet plus parking • 25 stories (295 feet high) ■ 250 parking spaces — two-level garage and some surface parking (200 residential, 50 visitor). Valet adds an additional 38 spaces ■ Shared open space and amenities (pool, gardens, fitness center, etc.) and private open space for some units LEED Silver Certified and includes water conserving features related to landscape irrigation and interior plumbing fixtures Community Development Department - Planning Division 4 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 11 52) Requested Entitlements u General Plan Amendment — Change the land use category from Private Institutional (PI) to Multi- Unit Residential (RM - Zoo) with a maximum development limit of soo units. ■ Planned Community Development Plan Amendment — Change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/Cultural/Professional/Office to Multi- Unit Residential . Also includes residential development standards including a295-foot height limit. * Tentative Tract Map — allows individual dwelling units to be sold separately. m Site Development Review — ensure site development is in accordance with the applicable planned community and zoning code development standards and regulations Traffic Study ■ Development Agreement Community Development Department - Planning Division 5 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Vicinity Map 40 �<'p - icy„ goy • � � ' ,- CIFMEN TE a H Community Development Department - Planning Division 6 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Site Plan -- -- --- --- -- LEGEND LIP -- i P GROUND LEVEL E IIID y �� tAA ENTRr oFnEn GLTE xouSE _ - - - O•I — p� I BO Wg1ER GEq URE E N © DROP OFF O WRRGE ENTRY/EMIT I i I O VPIEt PgRIJNG ' OF rEMPDRnRY PMWNG I ' O UWN 9 It I O GMBEN TRELLIS F III I iI � r L• I i I OI .N.IYE.L.<E II I � JO FDunrnW nun EM I C y I OK XKPIVRE GuiCEN F B 1 I © COO MN \TN &Mf E9 LANp5CPPE Y / I & PROhRS!GNwGE I'> I T O LOADING Ot)IX F j © sERWDE ruRNgpouND �k: I EII r s _ •"r "_ UPPER LEVELS -------------- A. RN..YENTE TPlvi. 1 —� - 1PN1n MgI11N DRIVE Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) South Elevation San Clemente r =1 FF n neaurn� - 1 IV °$ T000IT Inamaawarcnr. - fl `.... 1211 - L . -, T rrT ■ _ s 07/13/2012 e 'z t wim��.avra • ' • • • - • • GPA and PC Amendments Land Use and Height ,IF 09/01/2016 Community Development Department- Planning Division 9 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting aok 52) pw T UH</FOFFN]P General Plan Designation Current: Subject Private Institutional (PI) Property R G MV-H] MU H3 Requested : Multiple Residential MU H3 RF W ( RM ) — soo dwelling units av ou CO M C a CO-R U-H3/PR O3 CO G PF CO-R R Apri17, 2016 Community Development Department- Planning Division 10 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Newport Center GP Goal LU16 - 14 ■ "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 . " Community Development Department- Planning Division 11 Proposed GPA Land Use Change: , Anomaly 49 Dee lopment Limit ,, ,• ,,``�•� •. from 45,208 s.f to 21,576 s.f. Land Use Change: Private Institutions (PI) Anomaly 49 to Multiple Unit 5C Residential (RM) 100 dwelling units ,,jam 71 , 48 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Residential in Newport Center Existing Developments -� a O Villas at Fashion Island Apts O The Colony Apts O The Meridian O Sea Island °AOU a de' O Villa Point Q Granville Entitled Developments - O NB Country Club Bungalows A 0 Proposed Developments koMa�n° 524 units o' O Museum House ¢ 100 sn mos F*. � O t O� 5 un % 7 0 0 fir!\ 132 units m v1.W PWk Op p 228 units 4 © 67 un LQ GOgsrH 4$ao, g �3 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Surrounding Land Uses ` � Service - Station f. h► Car. Dealership Apartments _ Police and Y o an Fire Station \ Parking ` Structure Office Museum t B� 4 Building C"ic� u�lding Parking • . i.., 'Structure Parking Structure `Office Project Builaing ❑ Site Parking °• �: ,a tStru cture • �. Parking . ` Parking Structure Motet Structure -.. - _►Office • Buildirig - - • Parking \ i Structure f; Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) • • Joaquin Plaza Planned —11 �z Community Majority of original San ` San Joaquin -1ilIs Rd Joaquin Plaza was added to —INc1, - - the North Newport PC in OCMAOfficebuilding—Donate fl1 7 to City(Former City Library) 200 No Change to PC Designation of N Use and Development Standards PC allows institutional uses uses, office, civic, and other sales and service uses. r Project Site—Amend 1' PC to allow r Residential ■ San Joaquin Planned Community 15 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 11 52) General Plan Analysis a a.C'dt/FORNP LU 6 . 14.4 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. (Imp 2 . 1, 3. 1, 4 . 1) " Community Development Department - Planning Division 16 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) �F W PpQT F Newport Center _ Height � n C'4[/FOPNP Development Height Limit* Actual Height 520 Newport Center Drive 295' 315' 610 Newport Center Drive 295' 272' 620 Newport Center Drive 295' 240' 650 Newport Center Drive 295' 298' 660 Newport Center Drive 295' 246' Island Hotel 295' 217' *Plus 15-feet for appurtenances and mechanical equipment enclosures and screens Community Development Department - Planning Division 17 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Newport Center _ Height n 'c9<IFORN�P 4c5E14 FOJSE C9F- E nE'h FOF] 6EnC- g re 5.1-2- High-Rise Buildings in Project Area 5. Environmental Analysis Vd SafWand 000/uexport Ce 0, `r�''� �' lrM�'COnsh;Ctlnl 1]O Icer ami' '�v• - \:'(•`. +.. : lsano Hoar PMP0sEV]OaN o4orxwurceme�a NFAPWt cer+va 482H dnIL l / 4:5 ke'a'sl Sb RNi81Y �- dMMMPDNCtl4va � 4 . 4102 610 AM 1:4 I - cep r awcnwrla ". - s l.nem orulec Bourdxy Bas lfea Sa�rce.G�a7 X90.1]'6 r[.avl4 18 Existing Building Heights r i M f� VST. `/ �Z. � �• 1 .. �\l \ +� ♦ 1. /1 i. 4 l ♦ J • ' • • • INIIINUMM - • • H - 1 High Rise Height Limit Areas II���T�ml]E•�W�s r'1\91 1i►• � �� +,�� 7I�'`.y�i�#� °, ��� �� big 111, IF J #' -';or L Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) H - :L : Project Site Close - up Subject Property C � D 21 D D Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) • • • • • ( Height andExceptions) Part C (Increase in Height Limit) I. "Procedure . The base height limits established in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) may be increased within specified areas with the adoption of a Planned Community District, adoption of a specific plan, or approval of a planned development permit, or site development review. The maximum height limit is not guaranteed by right and shall require approval of a discretionary action when all applicable findings are met in compliance with subsection (C)(3) of this section (Required Findings) . Height limits established as part of an adopted planned community shall not be subject to this subsection. " Community Development Department- Planning Division 22 Site Development Review and Tentative Tract Map Community Development Department- Planning Division 23 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) South Elevation San Clemente r FF n neaurn� - 1 IV °$ T000IT Inamaawarcnr. - fl `.... 1211 - L . -, T rrT ■ _ s e 'z f ° , 24 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Landscape M _ LEGEND P I GROUND LEVEL �� Ij 'J ENiPv pRIVE6 GAiE HOJSE 1 I _ ,RY � �,�. I BO WAFER GEg URE DROP Mr o I O WRAGE ENTRY/EMIT iO VPLEt PgRIJNG E _ - I OF iEMIORARY PMWNG I O UWN Ip I O GMRFNI..OS I II • I �i .�IVFAL.tF i • I I JQ GaunTeW nun EM I I I O XKP1IPiE(iRCEN I C S I R e I © Dac w.W E!� I \N4 &Mf E9 Np5 APE 1 + E� v L PROJER S!GNwGE I _ Y I O LOADING OOO( E j i © sERWDE ruRNARDUND � I , � � I. A _ rrr �"'=" •� '•_ UPPER LEVELS _' I QO WFWiiY EDGE PJOL N• � � � • ® TiEWS.UMANn —�— •_-•_-� O TREW$-gxING MEA 1O WLDOOR LIVING SPACE YAN CLfYfMif DRIVE I`F O]/13/2012 .v.N.A YAMuz5 DRIVE Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Setbacks Main Building : Front (San Clemente) : 35 feet Right ( Parking Structure) : 34 feet Left (OCMA Office) : lo feet Rear (Apartments) : 42 feet Parking Level Front (San Clemente) : 25 feet Right ( Parking Structure) : o feet Left (OCMA Office) : 10 feet Rear (Apartments) : so feet Community Development Department - Planning Division 26 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting Museum House Residential Project (PA2015- 52) PAINTED METAL WINDOW MULLIONS,ENTRY CANOPY,RAILINGS,ENTRY DOORS i, itu 1 . PRE-CAST CONCRETE:LIMESTONE-LIKE 1 L BUILDING CLADDING,PARAPETS,SILLS �I I �I I 1 ®®® I ,U LIMESTONE: ;; ' BUILDING BASE.TRIM,FASCIAS,COLUMNS,SAYS GRANITE: �= WATER TABLE SOUTH-WEST ELEVATION e T � KEY PLAN DAl l 8CMARAMSA ryeso s,�Clemente.o.�.� MATERIALS aoAao CRELATE ♦r�• w�ru Community Development Department- Planning Division 27 • ' • • • - • • Draft Environmental Impact Report Community Development Department- Planning Division 28 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) � i a a.C'dt/FORNP Environmental Impact Report No. ER2o16-002 (SCH NO. 2016021023) Public Scoping Meeting, February 22, 2016 Public comment period August 17, 2016, through September 30, 2o16. Community Development Department - Planning Division zg Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) I Stud ' es CEQA = Technica I ■Air Quality and Greenhouse Gas Emissions Analysis ■Cultural Resource Technical Memorandum ■Geotechnical Study ■Hydrology/Drainage Plan ■Noise and Vibration Analysis ■Phase 1 Environmental Site Assessment ■Traffic Impact Analysis ■Visual Simulation and Shade/Shadow Analysis ■Water Quality Management Plan Community Development Department - Planning Division 30 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) EIR Alternatives Reduced Height Alternative — Considered but Rejected Decrease height from 295 to 65 feet ioo units, six stories and two levels of subterranean parking Would create shade/shadow impact on adjacent apartments No Project/No Development Alternative No development would occur onsite OCMA building would remain as is Existing General Plan Alternative Expand/rebuild existing OCMA building (23,632 SF) by 7,go6 SF to full buildout capacity (31,358 SF) Reduced Density Alternative Decrease buildout from loo to go units and height from 295 feet (25 stories) to approximately 271 feet (23 stories) Community Development Department - Planning Division 31 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) DER Conclusions ■ Will not result in long term project —specific or cumulative impacts to existing traffic patterns, public views or the delivery of water and other utilities. ■ Consistent with goals and policies of the General Plan, including those for Newport Center. ■ Mitigation Measures required for short term impacts related to construction for Noise, Air Quality, Cultural Resources, Geology and Soils and Transportation and Traffic (Construction Management). ■ Significant Unavoidable Impact — Construction Noise . Community Development Department - Planning Division 32 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 11 52) Construction Noise • . • _ = Construction Noise — Mitigation Measures Mitigation measures would reduce construction noise impacts to the maximum extent feasible Route construction trips away from residential areas Install mufflers, silencers and shrouds on heavy construction equipment Use electrically powered equipment Limit internal combustion engine idling Locate stationary noise-generating equipment away from residential areas Use smart back-up alarms or human spotters Erect a temporary noise barrier/curtain between construction zone and adjacent residential use Given estimated noise levels, construction duration, and distance to Villas at Fashion Island, impacts are significant and unavoidable Community Development Department - Planning Division 33 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) �F W PpQT Final EIR F Revisions US a cqC/FORNP' Revisions Per Comments: • Updated text, tables and figures including: • Updated Transit Route Map and Existing & Recommended Bicycle Facilities Network figures (Figures 5.13-1 , -2, -3) • Study Intersections and Project Trip Distribution figures for reference (5.13-4 and -5) ■ New Transportation Related Mitigation Measure (13-1 ) to detail Construction Traffic Management Plan requirements Updates to Project Description Development Agreement — Donation Property Terms Donation of adjacent 0.9 acre parcel (856 San Clemente Dr.) to Newport Beach and leaseback to OCMA No physical changes subject to CEQA review Maintenance of Private Institutional land use designation and existing Planned Community zoning Community Development Department - Planning Division 34 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Final EIR Update Results No project updates or study results that trigger a need to recirculate the Draft EIR Li No substantial increase or severity in impacts Li Project description modification does not result in new significant impacts Li No issues raised in comments on Draft EIR identified new significant impacts Community Development Department - Planning Division 35 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Traffic • DailyTrips (ADT) Existing_Museum generates 1o8 average daily trips . ( based on traffic counts in the field ) Proposed : high - rise residential condo projected to generate 418 average daily trips . Overall increase of Po average daily trips . Community Development Department- Planning Division 36 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) ADT - Recent Newport Center Projects Project/Address Unit Trip Rate Average Daily Trips 9.58 trips per 520 Newport Center Drive 365.059 TSF TSF 31500 9.40 trips per 650 Newport Center Drive 398.864 TSF TSF 31750 San Joaquin Plaza Office 10.5 trips per (demolished) 241.711 TSF TSF (21550) 4.20 trips per Villas at Fashion Island 524 DU DU 21200 4. 18 trips per Museum House 100 DU DU 418 Existing Museum (to be demolished) Per Field Study (108) Total ADT 79210 • ' • • • - • • Development Agreement Community Development Department- Planning Division 38 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Development Agreement F Term : Ten (lo years with one 5 -year extension Public Benefit Fee : $71, ioo/unit for a total of $7, 110, 000 million Donation to City of o . 9 acre property at 856 San Clemente Drive with 5year lease back to Museum provision at s1 per year Community Development Department- Planning Division 39 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting 52) Airport Airport Land Use Commission - November l7th Community Development Department - Planning Division 40 a ti 4 For more information contact: IF Gregg Ramirez 949-644-3219 gramirez@a newportbeachca.gov www.newportbeachca.gov • ' • • • INLYA - • • Museum House 850 San Clemente Drive Newport Beach, CA RAMSA MW ROBERT A.M.STE RN ARCHITECTS + P A R T N E R S • ' • • • INLYA - • • Agenda : K�f r1 , L.- L Development Vision Environmental Impact Report Building Height Traffic & Water Vehicular Circulation and Parking Management Construction Schedule Public Benefits Robert A.M. Stern Architects — Design Architect MVE & Partners — Executive Architect Project Design 2 Development Vision : K�f r1 , L.- L� Guiding Principles ■ Develop in a responsible manner ■ Extend the luxury brand of Fashion Island ■ Employ the highest level of design and architectural standards ■ Complement the existing Fashion Island skyline & design vocabulary ■ Limit view and shadow impacts to surrounding properties ■ Preserve the community's quality of life 3 • ' • • • INLYA - • • Development Vision : K�f r1 World class design and architecture Unprecedented level of quality and luxury befitting of Newport Beach Located in the portion of Newport Center where the greatest concentration of residential and high-rise buildings already exist Promotes smart growth and a walkable community Maximizes on-site open space and set backs Satisfies an underserved market demographic in need of quality housing within walking distance to employment, services and amenities 4 Development Vision : i.� L. Luxury lifestyle amenities envisioned: ■ Wellness center, state of the art fitness center, steam room and sauna ■ Private dining rooms with showcase kitchens and wine storage ■ Multi-media room and library ■ Business center and home office suites ■ Pet spa ■ Bicycle storage ■ Fully valet operated ■ 24 hour staff Outdoor amenities total more than 60% of the Project site: ■ Central valet motor court ■ Infinity edge pool deck and spa ■ Landscaped gardens with water fountains and sculptures ■ Outdoor dining areas with fireplaces and bbqs ■ Dog run 5 Environmental Impact Report : K�f r1 , L.- L� Key Conclusions ■ Will not generate any long term significant impacts ■ Consistent with all applicable goals and policies of the General Plan, including height and mass ■ Promotes smart growth principles ■ Reinforces the original design and complements the existing skyline of Newport Center ■ Does not obstruct any ocean views along view corridors ■ Will not result in any significant impacts to existing traffic patterns ■ Can be served by the existing water supply system 6 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting Building Height52) northernReinforces the original design of Newport Center by concentrating height and mass in part of • • • - ct's height is notof • shorterThe building does not stand out among the other existing high rise buildings 1 Newport shorter • 1 Newport shorter • 1 Newport MFSEllNIg11 wu MFFAq MI9Mflg wiu M4E0A _ :EEuIUVPE RY!/SNgRFA1RW -ID'T911QR1Egi16W RTEl TM WxEWPORi CEMR DRNE T CEHRq DRIVF WMT.N w ,ly-IyaTff RF ORTUNWR Hppp®WlDlx4 1 1 ■■ESE _____________ _ _____ _______ �•e 116 �� ------ --- ____ ----- rrrr rrr 4 1 rrrr r�rllr�n oil IY W.W.M. ------ 6 OIO 6 u -rrrrr 0 L • r -r u unu lY rr1�pR�rr ///tl 1. � • 1 PROJECTSITE: OFFICE BUILDING ISLAND HOTEL OFFICE BUILDING OFFICE BUILDING OFFICE BUILDING OFFICE BUILDING 850 SAN CLEMENTE DR. 660 NEWPORT CENTER DR. 69D NEWPORT CENTER DR. 650 NEWPORT CENTER DR. 620 NEWPORT CENTER DR. 610 NEWPORT CENTER DR. 520 NEWPORT CENTER DR. • ' • • • INLYA - • • Traffic Traffic Impact Study ■ Conducted by the City using the City's Traffic Impact Study Guidelines and Methodology ■ Scope was comprehensive from a temporal and geographic basis ■ 18 intersections analyzed Generates less than 1/10 the trips as PIMCO Tower ■ PIMCO Tower generates 3,750 trips a day Generates less than 1/3 the trips as an average Starbucks ■ Average Starbucks serves 500 customers & generates 1,000 trips a day Traffic generated will be in the opposite direction of existing traffic flows Walking distance to OCTA transportation center dock, bus lines #57 (0.2 mi), #79 (0.2 mi) and #55 (0.4 mi) Museum House generates 310 trips per &3x 33 trips during peak traffic hours. 8 Water Usage EIR concludes the City's water system has sufficient capacity The City's water management plan accounts for population growth Current water conservation measures are driven by regulations that limit water usage on a per capita (per person) basis Water Conservation Act of 2009 (SB X7-7) stipulates that water usage cannot exceed 203 gallons per capita per day (gpcd) by 2020 Newport Beach water usage in 2015 was 176 gpcd Museum House is estimated to use only 118 gpcd of water and will not impact existing water conservation measures 9 • ' • • • INLYA - • • Water Usage bo rx t= L.j,&% , x t= L� Condominiums use less water per capita than single family homes ■ Residents share the pool, the gardens and other amenity spaces ■ No individual yards or pools New construction uses significantly less water than existing homes ■ Since 2010, new construction water usage has fallen by 20% ■ New homes with water conservation features help lower the per capita average Museum House will be LEED Silver certified. ■ 10-15% more efficient than California Energy Code (Title 24) ■ Low flow faucets, shower heads and toilets ■ Energy star appliances ■ Drip irrigation systems ■ Drought tolerant, native plants in the gardens ■ High efficiency wall assemblies and windows to reduce cooling loads ■ High efficiency cooling and heating systems 10 Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting ' 52) r------------ - --------------- ---------� -----------=-- - - -- ---- i i ---------------- --------------------- i \.`�RGRaEE i I i 9 I � NI�V/iE G4U�E KCE55 i it i i 9RE Y,GRG¢ µ,tllY®IRMM fE50EM VEMCIMR 1CCE541 srte ixcREM ,GJES�VEMCV4M.CCE55, B.�IR1111U114 ObV! Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting • • 52) r ............... 1 I � i ' ! EVE.. Y,,,• iwow,v.am�. ' I I cw.Erri¢rw.wn ruwiwn � �- r� I L . i I I i I I i I I I I i I j fMBO.16 • ' • • • - • • Emergency Vehicle / Fire Truck Circulation — ,-u k-ELA-f. EL Enter through the motor court or the access lane Fire trucks can turn around: ■ In the motor court ■ By pulling into the access lane for a depth of 200 feet and then reverse back out onto San Clemente Drive, or ■ At the circular turnaround located at the end of the access lane 13 • ' • • • - • • Parking Management Plan : K�f r1 250 parking stalls per City of Newport Beach requirements ■ 200 resident parking spaces ■ 50 guest parking spaces Valet stacking can support an additional 54 vehicles. ■ Garage can support a total of 104 guests or 304 vehicles total. Garage has ample capacity to accommodate all parking needs. ■ No spill over parking onto neighboring streets. 14 • ' • • • - • • Construction Schedule : K�f r1 28 months to complete Construction hours per the City of Newport Beach Municipal Code ■ Monday to Friday lam to 6:30pm ■ Saturdays from Sam to 6pm ■ Export will be limited to lam to 4pm ■ No construction will occur on Sundays and Federal Holidays Trucks will stage at an off-site location and dispatched in small groups of 5-10 Construction employees will park at an off-site lot until the garage is completed Shoring will be installed using drilled piers (vs. driven piles) 15 Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting • 52) • w1�LOOMa �a � r� SE 15+`1 14 MIN SETBXX _ h= RF oornnNT e KW SETBACK�{y 1 II I t r • ' • • • - • • Public Benefits t= L. , t= L� $21 . 9M in Public Benefits: ■ $5.9M Permit and Impact Fees o Approx. $1 .8M — Permitting Fees o Approx. $4. 1M — Impact Fees • $2.9M — In-lieu Park Fee • $150K — Traffic Fair Share Fee • $116K — Transportation Corridor Fee • $720K — School Fee • $240K — SJ Major Thorough Fare Fee ■ $7. 1M Community Benefit Contribution ■ Donation to the City of a 0.9 acre site by OCMA valued at $8.9M Other Public Benefits: ■ Additional $18M in cumulative taxes and fees to the City over 30 years ■ Provides new housing stock for current Newport residents looking to downsize 17 • ' • • • INLYA - • • Design Architect if r%: K�f r1 , L.- L� Robert A.M. Stern Architects' first major residential project in Orange County ■ Best-in-class design and architecture ■ Internationally renowned ■ Embodies the principles of classical and traditional architecture Robert A.M. Stern, Senior Partner ■ J.M. Hoppin Professor and Dean Emeritus of the Yale School of Architecture ° ■ Professor of Architecture and Director of Historic Preservation at Columbia University ■ Driehaus Prize Laureate 4 ■ Vincent Scully award winner from the National Building Museum ' ■ Athena Award winner from the Congress for the New Urbanism ■ Board of Directors' Honor from the Institute of Classical Architecture and Classical America ' t Dan Lobitz, Partner ■ Award winning design leader for multi-family and private residential, planning, and resort projects ■ Project Partner for The Century in Los Angeles, 875 California Street in San Francisco, 30 Park Place Four Seasons and 70 Vestry Street in New York, Audley Square in London ■ Editor of Architecture and Body, 1987 ■ Co-Author of City Living:Apartment Houses by Robert A.M. Stern Architects 18 Executive Architect L. Established in 1974, MVE + Partners is a local architectural firm with paramount experience in OC's premier residential project's. Lill irow,■ Founded by 40-year Newport Beach resident, Carl McLarand, AIA. ■ Four-time recipient of the ULI Award of Excellence. ■ Internationally recognized with more than 1,000 awards for outstanding architecture, community planning, and quality design. ■ Leaders at the forefront of technology and a_ sustainable design. ■ Intimately familiar with the local landscape as designers of more than 30 developments in :wiu_•r Newport Beach. ■ Prominent local projects include Belcourt, One Ford Road, The Plaza Irvine, Meridian, and numerous private residences. ` ,, ■ Deeply vested in the careful planning, preservation, and development of the Newport Beach community 19 Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting 52) • ' • • • INLYA - • • "We believe in the continuity of tradition and strive in our work to create order out of the often chaotic present by entering into a dialogue with the past and with the spirit of the places in which we build. " Robert A.M. Stern 21 Multi-Family Residential J v L) kA r I+ ' � � I� � � � •� , _ ,� � � ,i III 1 w• � I 1 � III_ .�+�� r—• ` �Y I III ,;� ' 1 875 California Street, San Francisco One St. Thomas, Ontario =: !! a L 100 F M I0 V • ' Now Audley Square, London 22 15 Central Park West, New York INA MEMO Multi-Family Residential '' ' ' 1 ' �.t:i�ll,��°A T WIN 11 1 ON Jill r 4 The Century, Los Angeles One St. Thomas, Ontario it Mansion on Peachtree, Atlanta 23 15 Central Park West, New York • ' • • • 11MAMUM, - • • Experience with RELATEDA �.! ---------------__----------------------------------- ( 4 p eL (nn U d _ P "" ��� -� _ �� kis • 1 I� � I� ,`I Y Superior Ink The Chatham Lel Ail 67 70 Vestry 24 The Harrison The Century, Los Angeles x Y1 oa- II p - . Lit., t. �J_L I ' I 111p;tv I 25 p - i Experience in Southern California r Calabasas Civic Center, Calabasas Smith Campus Center at Pomona College, Claremont F r f. Prospect Point, La Jolla 26 UCLA Medical Center, Santa Monica • ' • • • INLANIUM, - • • Homes in Southern California U4IJ 1 �A � 10 7 G d 4' r R7 Residence in California Residence in Montecito f from.,�.. Residence in Bel Air 27 Residence in Malibu Homes in Southern California ivlL) 9 I IM " Ih a , 71 elk 28 '��t� Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting 52) • J: r N T f( • o 1 . 1 • ' • • • INA M, =, PIMMU-11](37101FIs • Aerial View Looking North FL oilt ;-TAP APO 9 30 Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting Aerial View Looking South 52) l J- Lb _a ti � `I1t F •J I7 _"6I �A 47 -J �59� M► .IJ r dI � ��y � �u< . 7r r� ry jApi n Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting i • • • 52) ROO ' ELEv.295'-0" �1._8"CLEAR r-24 II'-8"CLEAR 23 22 21 20 Floor Heights 18 Floor-to-floor Floor-to-ceiline 171 16Lobby Level: 17'-6" 16'-8"clear 15 inrrraanT 14 Amenity Level: 15'-0" 14'-2"clear 1 (Floor 2) 12 11 Floors 3-23: 10'-10" 10'-0"clear 10 _ g' Penthouses: 12'-6" I1'-8"clear 8' (Floors 24-25) 7 6 5' 4 POGLTERRACE - 3. iAMEN1IY - `' � �3PHMO 10A .3 UMtS PER}Z LOBBY " 4UNllS PEA FL. PARKING LEVEL I PAR G PARKING LEVEL 2 SFRVICFi1NECH �AnmvnY CNRCllLAI]ON Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting Ground Floor Plan 52) r ------ — ---40 — — — — — Sw1 M[CIIY ! I PRERIyCIION IIIIN\Ml' RU9 � I - - •`� DISI\''i� t` Y{1 lO1MCE MB y I%Iuyi4 u11%:"11 VARRI\' MR(YI ('ONSI.RI ' N �PA M I _ 1 WIM - NMN U K r Gtl' 'L M BIXERWM, 1 wry , t 1 E - � � • PAX%IFI. • I I -. SAN CLEMENTE DRIVE Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting Amenity Floor Plan 52) Y I 1 YWA ' j 5 L9IM P YRWM IwM 'M USN 'MA I s, J I I 1 LW WE m I - - � 11ll lllllll IIIIIIIIIA I i1r + EEARACE SAN CLEMEN7E DRIVE Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting Stacking Diagram 152) 2 BR 2475 SF 2 BR 2520 Sl 2 H 2000 SF 3BR 3 BR 3470 SF 2355 SI- 2BR 2 BR 2850 SF 2435 SF 3 BR 3BR FLOORS 7-13 1190 SF FLOORS 18-19 2865 SF 5 units/floor 4 units/floor 15,405 GSF 13,585 GSF 12,870 NSF 11,290 NSF Terraces GSF/FL:970 Terraces GSF/FL.: 1,150 3 BR 3190SF fiA 3 BR E 3180 SF 3 BR P SE C FLOOR 23 3000 SF ROOF 3 units/floor. 3 Private terraces 11,565 GSF Terraces NSF:735 SF/Penthouse 9,370 NSF Terraces GSF/FL:845 Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting Typical Floor Unit plan 52) UNIT I) • • UNIT E 2BR/2.5BA . 2BR/2.5BA 2,264 SQ F F 2,341 SQ FT O43 PANTRY V� KITCHEN �FOYER C } DYING ROOM UNI TC ♦ vI 1 a nlu DINING ROOM • UNITA 2BR/2.5BA ♦ — , 3BR/3.5BA 2.200 SQ FT r 3,293 SQ FT MASTER C-J _ BEDROO\f3 BEDROOM III bl(INI\I v UNIT B 3BR/3.5BA 3,040 SQ FT o , Planning Commission - October 20, 2016 Item No. 4i Additional Materials Presented at Meeting Material Palette 52) im _ PAINTED METAL: WINDOW MULLIONS,ENTRY CANOPY,RAILINGS, 1 ENTRY DOORS I 11 PRE-CAST CONCRETE:LIMESTONE-LIKE BUILDING CLADDING,PARAPETS,SILLS ®® 11 Iu� 1u u FA BYE: FACETED BUILDING BASF.,TRIM,FASCIAS, 1 11 COLUMNS,BAYS 11 1 6� 11 ■■ ■■ 1111 1_ GRANITE: Mal p WATER TABLE 0. SOUTH-WEST ELEVATION KEYPL N Details ,1 low. 40 x y. 38 Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting InteriorViews Out From 52) _ o 5 6 N ti Si b 3 - o wm jd r m m m m 104' WINDOW T-10" WINDOW 6'•10' WINDOW Landscape Plan Fountain & Sculpture Plaza Trellis & Seating Area rn q � ldl� y' Pool Deck Garden Path IRV 1 - Water Feature Outdoor Dining f � Entry & Motor Court Buffer Landscape Y t Aft. "' .� 40 Planning Commission - October 20, 2016 Item No. 4' Additional Materials Presented at Meeting 52) L � N i ! "' A►p.gulfs.-.. +� Out: At T k i� � !✓`♦ ��" t•'p. {,. ;! ." �.x�irf.ea fN w-:�p'1'C�wpYf�> 4 - S 1 3 Rear Garden v �� • t .. " �i ,) s '� e: 16 ! a bIF i {� 1, 1, N #` + a.• ` 4L .�� � ,�' Y�'�F .e � � I'7 I.�yr z` �. '� � � I •�� �Z � � J�r ~r.r. r�• �•�. ZS RIP fSy ; - { ' �' , "•� t 42 t now � 14t.A�a, jl l4 t(L emitL � � E RAMSA MVE r R E LATE D } P A R T N E R S 43 Planning Commission - October 20, 2016 Item No. 4k Additional Materials Presented at Meeting Museum House Residential Project (PA2015-152) Dear Council and Planning Comma ssioners, As residents of Newport Beach for over 50 years we wish to show our support for the new Museum, House condominium units as proposed by the Orange County of Art, OCMA. As a Newport Artist, Penny has participated in the art community as a NB Art Commissioner, painter, teacher, creator of cc-creative art projects and museum supporter, curren&ly a member of Visionaries of OCMA. As a scientist" but also a lifelong supporter of Ube arts, I look forward to having a world class arts museum that this expansion of OCTA, in its new location affords. We applaud the enlargement of OCNIA in both space and size as well as to location that has 700,000 cultural visitors a year, as part of the Segerstrom Center for the tarts. We do not fcc,l that our city would be able to attract the number of visitors as that location and wcuid not desire the additional traffic to the OCMA current location. We also favor the architectural design of the Museum Flous+_� and �, ^e§corne its beauty. 'i(Ve, believe that the city would be upgraded lay "cl�s asset. Sir4cerely yours, Lauri and Penny i'atci'JziniUa,l Big Canyon Residents