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HomeMy WebLinkAbout2016-127 - Approving General Plan Amendment No. GP2015-001 to Change the Land Use Designation from Private Institutional (PI) to Multi-Unit Residential (RM-100), for a 100-Unit Residential Project Located at 850 San Clemente Drive and Adopting CaliforniaRESOLUTION NO. 2016-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GP2015-001 TO CHANGE THE LAND USE DESIGNATION FROM PRIVATE INSTITUTIONAL (PI) TO MULTI -UNIT RESIDENTIAL (RM - 100), FOR A 100 -UNIT RESIDENTIAL PROJECT LOCATED AT 850 SAN CLEMENTE DRIVE AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT FACTS AND FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE MUSEUM HOUSE RESIDENTIAL PROJECT (PA2015-152) WHEREAS, an application was filed by Related California Urban Housing, LLC (Applicant) 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; WHEREAS, the project includes demolition of the 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). Resolution No. 2016-127 Page 2 of _ _. _ • Traffic Study — To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. • Development Agreement — To voluntarily enter into a Development Agreement to provide surety and consistency in the future development of the Applicant's project. • 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; WHEREAS, the subject property is located within the PC -19 (San Joaquin Plaza) Zoning District and the General Plan Land Use Element category is PI (Private Institutional); WHEREAS, the subject property is not located within the coastal zone; WHEREAS, a study session was held on April 7, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission. No action was taken at the study session; WHEREAS, a study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to update the status of the project to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session; WHEREAS, a public hearing was held on October 20, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, the Planning Commission adopted Resolution No. 2033 by a unanimous vote of 7-0 recommending approval of the proposed project to the City Council, and a copy of Resolution No. 2033 is attached and incorporated herein by reference; Resolution No. 2016-127 Page 3 of _ WHEREAS, on November 17, 2016, the Airport Land Use Commission (ALUC) found the City of Newport Beach Museum House Residential Project to be consistent with the Airport Environs Land Use Plan for John Wayne Airport, with the condition that written documentation from the Federal Aviation Administration (FAA) be provided to ALUC and the City Council verifying that the City's Police Department helipad was considered in the FAA Determination of No Hazard to Air Navigation issued for the project; WHEREAS, a public hearing was held on November 29th, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, amendments to the General Plan and Zoning Code are legislative acts and neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; WHEREAS, 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 11 commercial and mixed-use zoning districts, and a copy of the list of the 11 districts is attached and are incorporated herein by reference; WHEREAS, 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 encourages 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; Resolution No. 2016-127 Page 4 of _ WHEREAS, Council Policy A-18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate is required pursuant to City Charter Section 423. If a General Plan Amendment (separately or cumulatively with other CPA's within the previous 10 years) generates more than 100 peak hour trips (AM or PM), 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; WHEREAS, this is the third GPA that affects Statistical Area L1 since the General Plan update in 2006, and Charter Section 423 Tracking Table for Statistical Area L1 is attached and incorporated herein by reference. 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 increases the City Charter Section 423 thresholds to a total 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 applicable thresholds specified by Charter Section 423 are exceeded for Statistical Area L1, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2015-001; WHEREAS, 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 amendments to the San Joaquin Plaza Planned Community (PC) Zoning District of the NBMC; and WHEREAS, pursuant to Section 65352.3 (SB18) of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that eight tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on 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 contacted by one tribal contact. Rebecca Robles of the United Resolution No. 2016-127 Page 5 of _ Coalition to Protect Pahne responded on March 17, 2016, noting receipt of the City's letter and concurrence with Mitigation Measure 3-1 Museum House Project EIR. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and has determined that modifications to the project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2015-001 as attached hereto as Exhibit "A", and incorporated herein by reference. General Plan Amendment No. GP2015-001 amends Anomaly No. 49 to remove the property located at 850 San Clemente Drive and reduces the allowed development from 45,208 square feet to 21,576 square feet (Table LU2 and associated figures), and changes the land use designation for the property located at 850 San Clemente Drive from Private Institutional (PI) to Multi -Unit Residential (RM -100) with a maximum development limit of 100 units. The amended Land Use Element is attached and incorporated herein by reference. Section 3: Pursuant to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as shown in, Exhibit "B," entitled "CEQA Findings of Fact for the Museum House Project, Final Environmental Impact Report" which is hereby incorporated by reference. Section 4: Pursuant to CEQA Guidelines Section 15093, the City Council has reviewed and hereby makes the Statement of Overriding Considerations to adverse environmental impacts, attached also as Exhibit "C" entitled "Statement of Overriding Considerations," which is hereby incorporated by reference. The City Council finds and declares that through its efforts to achieve the goals of the General Plan related to Newport Center the project promotes the mixed-use environment envisioned by the General Plan. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall Resolution No. 2016-127 Page 6 of _ not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The Museum House Project Final Environmental Impact Report (EIR) (SCH No. 2016021023) was prepared for the Project in compliance with CEQA, the State CEQA Guidelines, and the City Council Policy K-3. By Resolution No. 2016-126, the City Council, having final approval authority over the Project, adopted and certified as complete and adequate the Museum House Project Final EIR and adopted "Mitigation Monitoring and Reporting Program." EIR (SCH No. 2016021023) which includes the Notice of Preparation, Initial Study, Environmental Analysis, Alternative Analysis, Appendices, Responses to Comments, and Revisions to Draft EIR, is attached and incorporated herein by reference. The City Council has reviewed the EIR and determined that no significant new information has been added to the EIR, therefore, recirculation is not required pursuant to CEQA Guidelines Section 15088.5. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 291h day of November, 2016. ATTEST`: Leila(i I. Brown City Clerk APPROVED AS TO FORM: CITY AT �QRNE,Y'S OFFICE CW (4,r-) Aaron C. Harp City Attorney Resolution No. 2016-127 Page 7 of _ Exhibit A: Table LU2 Anomaly Locations Amendment and General Plan Land Use Map Amendment Exhibit B: Facts and Findings Regarding the Environmental Effects of the Approval of the Museum House Project Exhibit C: Statement of Overriding Considerations Attachments: Planning Commission Resolution No. 2033 List of 11 Zoning Districts Charter Section 423 Tracking Table for Statistical Area L1 Amended Land Use Element EIR (SCH No. 2016021023) which includes: • Notice of Preparation • Initial Study • Environmental Analysis • Alternative Analysis • Appendices • Responses to Comments • Revisions to Draft EIR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Jennifer Nelson, Assistant City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-127 was duly and regularly introduced before and adopted by the City Council of said City at a special meeting of said Council, duly and regularly held on the 291h day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: Council Member Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of November, 2016. Assista City erk Newport Beach, California (Seal) E�• P Resolution No. 2016-127 Page 8 of _ Exhibit "A" Table LU2 Anomaly Locations Amendment Anomaly 49 GPA Table LU2 Anomaly Locations Anomaly Statistical' Land Use Development Development Additional Number Area Designation Limit (so j Limit (Other) Information 49 1 L1 I Pi 1 21,576 1 1 Land Use Change: Anomaly 49 Development Limit from 45,208 s.f to 21,576 s.f. A R,S;A' ti 0 MU -11-113 RM 100 SAN CLEM&Nre RM 4� Rai CENT GP2015-001 (PA2015-152) General Plan Amendment 850 / 856 San Clemente Drive Document Name: PA2015-152—GP2015-001—Reso—Exhibit N� SAN H rn 1 rn 0 400 800 - - --I I Feet Resolution No. 2016 - Page 10 of Facts and Findings Regarding the Environmental Effects of the Approval of the Museum House Project 47 Exhibit B CEQA FINDINGS OF FACT FOR THE MUSEUM HOUSE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT City of Newport Beach STATE CLEARINGHOUSE NO. 2016021023 I. INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR- 2. IR 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a) (1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fullyenforceable through permit conditions, agreements, or other measures. Museum House Project CEQA Findings of Fact (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taldng into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta 1 .) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Sor. v. City of Santa CmZ (2009) 177 Cal.App.4th 957, 1001 ["an alternative `may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record'"].) An alternative may also be rejected because it "would not `entirely fulfill' [a] project objective." Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296, 314-315.) "[F]easibility" under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, 55 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "Whe wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, supra, 52 Cal.3d at p. 576.) When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Museum House Project CEQA Findings of Fact -2- 49 Having received, independently reviewed, and considered the Draft Environmental Impact Report (DEIR) and the Final Environmental Impact Report (FEIR) for the Museum House Project, SCH No. 2016021023 (collectively, the EIR), as well as all other information in the record of proceedings on this matter, the following Findings of Facts (Findings) are hereby adopted by the City of Newport Beach (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Museum House Project. This action includes the certification of the following: ■ Museum House Project Environmental Impact Report, SCH No. 2016021023 A. DOCUMENT FORMAT These Findings have been organized into the following sections: 1) Section 1 provides an introduction. 2) Section 2 provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. 3) Section 3 provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section 4 sets forth findings regarding the environmental impacts that were determined to be— as a result of the Initial Study, Notice of Preparation (NOP), and consideration of comments received during the NOP comment period— either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed project. 5) Section 5 sets forth findings regarding significant or potentially significant environmental impacts identified in the DEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. Section 5 also includes findings regarding those significant or potentially significant environmental impacts identified in the DEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section 6 sets forth findings regarding alternatives to the proposed project. B. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The DEIR for the proposed project Museum House Project CEQA Findings of Fact -3- 50 ■ The FEIR for the proposed project ■ All written comments submitted by agencies or members of the public during the public review comment period on the DEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR ■ The Resolutions adopted by the City of Newport Beach in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Newport Beach, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Newport Beach Community Development Department. The custodian for these documents is the City of Newport Beach. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Newport Beach Community Development Department, 100 Civic Center Drive, Newport Beach, California 92660. The City's Community Development Department is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Community Development Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). II. PROJECT SUMMARY A. 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. Museum House Project CE Findings of Fact -4- 51 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 northwestem 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. B. PROJECT DESCRIPTION A 25 -story condominium tower is proposed for the approximately two -acre site and would consist of 100 for - sale residential 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 (ams]) 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 amyl. 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. Museum House Project CEQAFindings of Fact -5- 52 Site Circulation and Parking Parl�ng 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. The use of valet parking would increase the number of parking spaces by 38 or more. 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 fagade. A five -foot -wide walkway along the service lane east of the building would provide secondary pedestrian access. C. DISCRETIONARY ACTIONS Implementation of the project within the City of Newport Beach will require several actions bythe City, including: ■ City of Newport Beach General Plan Amendment No. 2015-001. 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. ■ San Joaquin Plaza Planned Community Development Plan Amendment No. 2015-001. To change the San Joaquin Plaza Planned Community (PC) land use designation from Civic/CulturaVProfessionaVOffice to Multi -Unit Residential. The PC amendment also includes new residential development standards including a 295 -foot height limit measured from finished grade. ■ Site Development Review No. SD2016-001. 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 (NBMQ Section 20.52.080 (Site Development Reviews). in Tentative Tract Map No. NT2016-001. To allow the 100 individual dwelling units to be sold separately as condominiums. ■ Development Agreement No. DA2016-001.. To voluntarily enter into a Development Agreement to provide surety and consistency in the future development of the Applicant's project. Museum House Project CEQA Findings of Fact -6- 53 Traffic Study No. TS2015-004. To study potential traffic impacts pursuant to the City of Newport Beach Traffic Phasing Ordinance. D. STATEMENT OF PROJECT OBJECTIVES The statement of objectives sought bythe project and set forth in the EIR is provided as follows: 1. To develop a fully amenitized residential community with state-of-the-art facilities within wallflng distance of employment opportunities, public facilities, and recreational and commercial amenities, thereby reducing vehicle trips and furthering local, regional, and State mobility objectives. 2. To provide additional housing that meets the City's growing population and housing needs. 3. To maximize the project's view opportunities of the visual resources of the City of Newport Beach, including the Pacific Ocean and Newport Harbor. 4. To implement 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. 5. To create a landmark structure with architectural features and materials that is compatible and complementary with the project's location. 6. To contribute significant property tax revenue to the City of Newport Beach. 7. To generate temporary employment in the construction industry. g. To improve the job -housing balance in Newport Beach by providing new housing within a major employment center. 9. To maximize onsite open space and provide a variety of onsite outdoor open space amenities. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Newport Beach CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Newport Beach determined that an EIR would be required for the proposed project and issued a Notice of Preparation (NOP) and Initial Study on February 5, 2016. The NOP was sent to all responsible agencies, trustee agencies, and the Office of Planning Research and posted at the Orange County Clerk -Recorder's office and on the City's website on February 5, 2016. The 30 -day public review period extended from February 5, 2016, to March 7, 2016. ■ A scoping meeting was held during the NOP review period to solicit additional suggestions on the scope of the DEIR. Attendees were provided an opportunity to identify verbally or in writing the issues they felt should be addressed in the DEIR. The scoping meeting was held on Monday, February 22, 2016, at the City of Newport Beach Civic Center Community Room at 100 Civic Center Drive, Newport Beach, CA 92660. The notice of the public scoping meeting was included in the NOP. The scope of the DEIR was determined based on the City's Initial Study, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City on February 22, 2016. Section 2.3 of the DEIR describes the issues identified for analysis in the DEIR Museum House Project CEQA Findings of Fact -7- 54 • The City of Newport Beach prepared a DEIR, which was made available for a 45 -day public review period beginning August 17, 2016, and ending September 30, 2016. The complete DEIR consists of the analysis of the Museum House Project and all referenced appendices. The Notice of Availability (NOA) for the DEIR was sent to all interested persons, agencies and organizations. The Notice of Completion (NOC) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk -Recorder's office on August 17, 2016. Copies of the DEIR were made available for public review at the City of Newport Beach Community Development Department and four Newport Beach Public Library facilities (Central Library, Mariners Branch, Balboa Branch, and Corona Del Mar Branch). The DEIR was also made available for download via the City's website: www.nevportbeachca.gov/index.aspx.)page=1347. A study session was held by the Planning Commission on April 7, 2016 in the Newport Beach City Council Chambers, at 100 Civic Center Drive, Newport Beach, CA 92660. Notices of time, place, and purpose of the aforesaid meetings were provided in accordance with CEQA and the City's municipal code. The purpose of the study session was to introduce the project to the Planning Commission. Public comments regarding the proposed project were also taken. The study session was for informational purposes only and no action was taken by the Planning Commission. The agenda for the study session was posted at City Hall and on the City's website. A second studysession was held bythe Planning Commission on September 1, 2016 in the Newport Beach City Council Chambers, at 100 Civic Center Drive, Newport Beach, C.A. 92660. Notices of time, place, and purpose of the aforesaid meetings were provided in accordance with CEQA and the City's Municipal Code. The purpose of the study session was to provide an update on the status of the project to the Planning Commission and review the conclusions of the DEIR. Public comments regarding the proposed project were also taken. The study session was for informational purposes only and no action was taken by the Planning Commission. The agenda for the study session was posted at City Hall and on the City's website. Preparation of the FEIR includes comments on the DEIR, responses to those comments, clarifications/revisions to the DEIR, and revised figures. The FEIR was released on October 10, 2016 and posted on the City's website. A Planning Commission Public Hearing was held on October 20, 2016 in the Newport Beach City Council Chambers, at 100 Civic Center Drive, Newport Beach, CA 92660. A notice of time, place, and purpose of the aforementioned meeting was provided in accordance with CEQA and the City's Municipal Code. The DEIR, FEIR, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this hearing. Notice of the Planning Commission Public Hearing was a one-eighth page advertisement in the Daily Pilot newspaper on October 8, 2016. Additionally, notices were mailed to nearby property owners and interested parties consistent with the environmental review process required under the California Environmental Quality Act. The item was on the agenda for the noticed Planning Commission Public Hearing, which was posted at CityHall and on the City's website. • In compliance with Section 15088(b) of Title 14 of the California Code of Regulations (State CEQA Guidelines), the City has met its obligation to provide written Responses to Comments to public agencies at least 10 days prior to certifying the FEIR • The City Council Public Hearing was held on November 29, 2016, in the Newport Beach City Council Chambers, at 100 Civic Center Drive, Newport Beach, CA 92660. A notice of the time, place and purpose of the aforementioned meeting was provided in accordance with CEQA and the Museum House Project CEQA Findings of Fact -8- 55 City's Municipal Code. The FEIR, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this hearing. • Notice of the City Council Public Hearing was a one-eighth page advertisement in the Daily Pilot newspaper on November 19, 2016. • Additionally, notices were mailed to nearby property owners and interested parties consistent with the environmental review process required under the California Environmental Quality Act. The item was on the agenda for the noticed City Council Public Hearing, which was posted at City Hall and on the City's website. IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE INITIAL STUDY As a result of the project scoping process including the NOP circulated by the City on February 22, 2016, in connection with preparation of the DEIR, the preparation of the Initial Study, and the public scoping meeting, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues, and therefore, determined that these potential environmental issues would not be addressed in the DEIR Based upon the environmental analysis presented in the DEIR, and the comments received by the public on the DEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas: (a) Aesthetics: The project would not damage scenic resources (e.g., trees, rock outcroppings, and historic buildings) within a state scenic highway. (b) Agriculture and Forestry Resources: The project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No portion of the project area includes forest resources, and the site is not zoned for forest land, timberland, or timberland production. (c) Air Quality: Development of the project would not create objectionable odors that could affect a substantial number of people. (d) Biological Resources: The project site is in an urban environment and would not adversely impact candidate, sensitive, or special status species; riparian habitat or other sensitive natural communities; federally protected wetlands; native resident or migratory fish or wildlife species; or wildlife corridors or nursery sites. The project also would not conflict with any local ordinances protecting biological resources, adopted Habitat Conservation Plan or Natural Community Conservation Plan. (e) Cultural Resources: The project would not impact historical resources and would not disturb any human remains. (f) Geology and Soils: The project would not expose people or structure to potential substantial adverse effects involving rupture of a known earthquake fault as delineated on the most recent Alquist-Priolo Earthquake Zoning Map or based on other substantial evidence of a known fault. Impacts related to landslides would be less than significant and the proposed project would not use septic systems or alternative waste water disposal systems. (g) Hazards and Hazardous Materials: The project would not create a significant hazard to the public or environment through routine transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions. The project also would not handle or operate hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The site is not Museum House Project CEQA Findings of Fact -9- 56 located on a list of hazardous materials per Government Code Section 65962.5 and is not within the vicinity of a private airstrip that may cause safety hazards for people residing or worlflng in the project area The project also would not impair implementation of or physically interfere with an adopted emergency response/evacuation plan or expose people or structures to potential wildland fire hazards. (h) Hydrology and Water Quality: The project would not substantially deplete groundwater supplies or interfere with groundwater recharge. The project site is not located within a 100 -year flood hazard zone and is not close or low enough to sea level to be exposed to potential inundation by seiche or tsunami. The project area is mostly flat and would not be prone to mudslides, and there are no nearby dams or levees that could expose people or structures to flood hazards as a result of dam or levee failure. @ Land Use and Planning: The project would not physically divide an established community or conflict with a habitat conservation plan or natural community conservation plan. (1� Mineral Resources: The project would not result in the loss of availability of a known mineral resource or locally important mineral resource recovery site. (l� Noise and Vibration: The project would not expose people residing or working in the project area to excessive noise levels from a public airport or private airstrip. (1) Population and Housing: The project would not displace any housing or residents. (m) Public Services: Cather public service facilities, such as libraries, would not be adversely impacted by development of the project. (n) Recreation: The project would not require the construction or expansion of recreational facilities that could adversely affect the environment. (o) Transportation and Traffic: The project would not change air traffic patterns, increase hazards due to design features or incompatible uses, result in inadequate emergency access, or conflict with adopted policies, plans, or programs related to public transit, bicycle, or pedestrian facilities. (p) Utilities and Service Systems: Nearby landfills have sufficient capacity to serve the project and would continue complying with federal, state, and local regulations related to solid waste. The project would be required to comply with applicable wastewater treatment regulations per the Santa Ana Regional Water Quality Control Board as well. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the DEIR B. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE DEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project -specific mitigation measures. This determination, however, does assume compliance with existing regulations as detailed in each respective topical section of Chapter 5 in the DEIR (a) Aesthetics: The project would not substantially degrade the existing visual character or quality of the site and would not adversely impact viewsheds along coastal view roads in the Newport Center area The project would also not cast shadows on the adjacent Villas at Fashion Island residential community beyond the shade standard established for the North Newport Center Planned Community. The project would generate new sources of light and glare; however, compliance with lighting standards and regulations would minimize impacts to less than significant levels. Museum House Project CE QA Findings of Fact -10- 57 (b) Air Quality: The project is consistent with the South Coast Air Quality Management District's (SCAQMD) Air Quality Management Plan and long-term criteria air pollutant emissions associated with the project would not exceed SCAQMD's regional operational significance threshold. (c) Geology and Soils: The project would not expose people and structures to strong seismic groundshaldng and would not result in substantial soil erosion. (d) Greenhouse Gas Emissions: Development of the project would not exceed SCAQMD's significance criteria for GHG emissions and the project would not conflict with the Southern California Association of Governments' (SCAG) 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) or the California Air Resources Board's Scoping Plan. (e) Hazards and Hazardous Materials: The project would not create an obstruction to air navigation or cause safety hazards to people working or residing on the project site due to its proximity to the John Wayne Airport. (f) Hydrology and Water Quality: The project would not violate any water quality standards or waste discharge requirements, or otherwise substantially degrade water quality. Additionally, the project would not adversely alter the existing drainage patterns onsite to cause substantial erosion, siltation, or flooding on- or offsite. Runoff from the project site would also be adequately accommodated in the City's water drainage system (g) Land Use and Planning: The project would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including the City of Newport Beach General Plan, San Joaquin Plaza Planned Community Development Plan, SCAG's 2016-2040 RTP/SCS, and the Airport Environ Land Use Plan for John Wayne Airport) adopted for the purpose of avoiding or mitigating an environmental effect. (h) Noise: The project would not expose sensitive uses to strong levels of groundborne vibration or operational traffic and stationary noises. @ Population and Housing: The proposed project would not substantially induce population or housing beyond SCAG's forecast population and housing growth anticipated for the City of Newport Beach by 2040. (1) Public Services: The project would not create significant impacts related to fire protection and emergency services, police protection, school services, or library services. (k) Recreation: Development of the proposed project would not create significant impacts on existing park or recreational facilities. (I) Transportation and Traffic: The project would not impact levels of service for the existing roadway system and would not conflict with applicable plans governing the performance of the City's circulation system, including the Newport Beach traffic phasing ordinance and Orange County Congestion Management Plan. The project would also not impact state highway intersections in the study area. The project would not increase hazards due to design features, result in inadequate emergency access, or conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. (m) Utilities and Service Systems: Project -generated wastewater would be adequately collected and treated by the City and Orange County Sanitation District, respectively. Water demands of the project would be adequately served by existing and proposed water supply and delivery systems and stormwater flow would be adequately served by existing and proposed drainage systems. Demand for electricity and natural gas would also be adequately served by Southern California Edison and Southern California Gas Company. Museum House Project CEQA Findings of Fact -11- 58 V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the DEIR, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures, some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found—in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." This is referred to herein as "Finding 1." Where the Cityhas determined—pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3." A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the DEIR, the impacts would be considered less than significant. 1. Air Quality Impact 5.2.2: Construction activities associated with implementation of the proposed project would generate short-term emissions that exceed the South Coast Air Quality Management District's regional construction threshold for volatile organic compounds. Construction activities for the proposed project would temporarily increase particulate matter (PMIo), fine particulate matter (PM2.5), volatile organic compounds (VOQ, nitrogen oxides (NOx), sulfur oxides (SN, and carbon monoxide (CO) regional emissions within the South Coast Air Basin (SoCAB). Activities would include demolition of the existing Orange County Museum of Art (OCMA) building, site preparation, grading, utility trenching, construction of the 25 -story condominium tower, and offsite sewer improvement. Maximum daily construction emissions would not exceed SCAQMD's regional construction significance thresholds for NO., CO, SO2, PMio, and PM2.5. However, the maximum daily emissions of VOC generated from the combined building construction, asphalt paving, and architectural coating activities would exceed SCAQMD's regional construction significance threshold for VOC. Consequently, impacts to regional air quality from project -related construction activities would be significant unless mitigated. Implementation of Mitigation Measure 2-1 would reduce short-term VOC emissions associated with construction activities to less than significant levels. Museum House Project CEQA Findings of Fact -12- 59 Mitigation Measures 2-1 During construction, the construction contractor(s) shall require the use of interior paint with 0 grams per liter (g/L) of volatile organic compounds (VOC) (i.e., zero VOC paint). Paints that emit less than the low-VOC limits of South Coast Air Quality Management District (SCAQMD) Rule 1113 are known as "super -compliant paints." A list of super -compliant VOC coating manufacturers is available at SCAQMD's website (http://wwwagmd.gov/prdas/brochures/paintgi ide.htA. Use of super -compliant interior paints shall be noted on building plans. Finding Finding 1- The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.2-4: Construction of the proposed project would expose sensitive receptors to substantial pollutant concentrations. The maximum daily NO, CO, and PM2.5 construction emissions generated from onsite construction -related activities would be less than their respective SCAQMD localized significant thresholds (LSTs). However, PM10 emissions generated during the overlapping building demolition, asphalt demolition, building demo debris haul, and asphalt demo debris haul phase would exceed the SCAQMD LSTs. Therefore, project -related construction activities would expose sensitive receptors to substantial pollutant concentrations unless mitigated. Implementation of Mitigation Measure 2-2 would limit the total overall daily haul truck miles traveled to 680 miles to reduce PMIo emissions generated by haul trucks. Therefore, with incorporation of mitigation, localized construction impacts would be less than significant. Mitigation Measures 2-2 The construction contractor(s) shall limit the daily amount of debris haul trips during the project's building demolition and asphalt demolition phases to a maximum of 17 truckloads per day (34 truck trips per day or a total overall daily haul truck miles traveled of 680 miles. These requirements shall be noted on all construction management plans and truck trips and mileage shall be documented. Finding Finding 1- The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 2. Cultural Resources Museum House Project CEQA Findings of Fact -13- '. s Impact 5.3.1: Development of the project could impact archaeological resources. No archaeological resources have been recorded within the project site. The nearest archaeological site (P-30- 000136) was 300 feet southwest of the site and was excavated in 1964, and there are a number of archaeological sites within a half mile of the project site. Construction activities associated with the proposed project would require excavation of at least 20 to 25 feet for the underground garage, which would be below previously graded depths for construction of the existing OCMA building. Newport Beach is associated with various early Native American peoples who inhabited the larger region. Therefore, it is possible that previously undiscovered archaeological resources may be found. The Newport Beach City Council has adopted formal guidelines— Archaeological Guidelines (K-5)— that would ensure any impacts to archaeological resources would be minimized. Mitigation Measure 3-1 implements General Plan Policy HR 2.2 requiring a qualified archaeologist to monitor all grading and/or excavation where there is a potential to affect such resources, and would reduce impacts to less than significant levels. Mitigation Measures 3-1 Prior to the issuance of grading permits, the project applicant shall demonstrate to the Community Development Department that an Orange County -certified professional archaeologist has been retained to monitor any potential impacts to archaeological 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 anyare 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 halt any project -related activities that may adversely impact 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. Finding Finding 1- The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIK These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.3-2: The proposed project could destroy paleontological resources or a unique geologic feature. The project site is entirely built out with the OCMA building and hardscape improvements; therefore, there are no unique geologic features onsite. However, given the location of other paleontological resources Museum House Project CEQA Findings of Fact -14- 61 discovered within the vicinity of the project site, all subsurface excavation anticipated for tower supports and underground parking has a sensitivity to encounter paleontological resources. The City has adopted formal guidelines— Paleontological Guidelines (K-4)— that contains specific procedures and standards for examining and reporting on possible paleontological sites. Nevertheless, the applicant shall retain a qualified paleontologist to prepare and implement a paleontological mitigation plan prior to issuance of grading permits. The plan shall require a qualified paleontological monitor for all grading activities eight feet or more below the current surface and require temporary halt of work within 25 feet of any found fossils. Implementation of Mitigation Measure 3-2 would ensure impacts to potential paleontological resources are reduced to less than significant levels, and would implement General Plan Policy HR 2.2, which requires a qualified paleontologist to monitor all grading and/or excavation where there is a potential to affect such resources. Mitigation Measures 3-2 Prior to the issuance of grading permits, the project applicant shall demonstrate to the Community Development Department that an Orange County -certified professional paleontologist has been retained to monitor any potential impacts to 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 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 Finding Finding 1- The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Museum House Project CE QA Findings of Fact -15- 62 Impact 5.3.3: The proposed project could impact tribal cultural resources. There are no known tribal cultural resources, as defined in Public Resources Code Section 21074, in the project area. The City sent letters to 15 Native American contacts provided by the Native American Heritage Commission (NAHQ notifying them of the project and opportunity for tribal consultation. Only of the 15 tribes responded—the Gabrieleno Band of Mission Indians, Kizh Nation, and United Coalition to Protect Pantie. The City consulted with Andrew Salas, Chairman of the Gabrieleno Band of Mission Indians, who requested Native American tribal monitoring onsite during all construction activities. Consultation between the City and the Gabrieleno Band of Mission Indians ended with the conclusion that mitigation measures would be provided to ensure appropriate tribes would be notified if any resources are discovered during ground disturbing activities and that tribal cultural monitoring by the Gabrieleno Band of Mission Indians would be allowed onsite during construction activities on a voluntary basis, consistent with the City's General Plan Policy HR 2.3. The United Coalition to Protect Panhe noted receipt of City's letter and did not request further consultation. Although no tribal cultural resources were identified to be within the project site, Mitigation Measures 3-1 and 3-3 are provided to ensure appropriate tribes would be notified if any were to be found and allow Native American tribal monitoring on a voluntary basis consistent with General Plan Policy HR 2.3. Mitigation Measures Mitigation Measure 3-1 would also applyto this impact. 3-3 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. Finding Finding 1– The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 3. Geology and Soils Impact 5.4.3: Project development would not exacerbate existing hazards related to landslide, liquefaction, lateral spreading, subsidence, or collapse. The project site is predominantly flat and is not identified as being in an area of the City that is subject to landslides. The project site's marine terrace deposits are not subject to liquefaction or lateral spreading because they are considered medium dense to dense, and the site is not in a state -designated Liquefaction Hazard Zone or identified by the City as being subject to liquefaction. The project site is also not over a groundwater basin, and significant groundwater pumping would not occur, thus, ground subsidence is not considered a significant hazard. Additionally, the site is not susceptible to collapsible or compressible soils. Additionally, as stated above, the soils at the site are marine terrace deposits (dense to medium dense) that overlie bedrock of the Monterey Formation (stiff to hard claystone). Thus, the site is not susceptible to collapse because of low density soils and/or organic materials. Museum House Project CEQA Findings of Fact -16- 63 However, excavation activities related to the subterranean parking garage and utility trenches may cause instability in the site's geologic units. Thus, recommendations in the geotechnical study for excavation and backfill are reproduced as Mitigation Measures 4-1 through 4-3 to ensure impacts remain less than significant. Mitigation Measures 4-1 During grading plan review, the City of Newport Beach Building Division shall confirm that the grading plans comply with the recommendations in the project's geotechnical report. Given that the project would require excavation extending to the property line, shoring is required to support subterranean excavation. 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 shoring walls will require a temporary or permanent easement from the adjacent property owners and the City of Newport Beach. The shoring system shall be designed to resist a uniform pressure equal to 25 pounds per square foot (psf). An allowable passive earth pressure of 200 psf 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 maybe 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 (1) -1V). Alternatively, sloped excavations may be used to reduce the height of the shored excavation. In the case, the earth pressures above maybe 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 specified that is supporting, surrounding, and extending to one foot above the top of any proposed utility pipes. During grading and construction plan reviews, the City of Newport Beach Building Divisions shall confirm that the project's proposed bedding satisfies the requirements of the Standard Specifications for Public Works Construction (SSPWG) 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 pipe. On-site excavated materials are suitable as backfill. During construction activities, any boulders or cobbles larger than three inches in any dimension shall be removed before 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 slung shall contain one sack of cement per cubic yard and have a maximum slump of 5 inches. When set, such a mix typicallyhas the consistency of hard compacted soil and allows for future excavation. Museum House Project C'EQA Findings of Fact -17- M 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. Finding Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.4-4: Development of the project would not increase existing hazards arising from expansive soils. Although the Monterey Formation claystone under the site is expansive, the tower would be supported on mat foundations and a core extending several feet into bedrock A mat foundation is an above -ground foundation typically two to three feet thick (but can be as thick as 10 feet) to provide load-bearing capacity in expansive or collapsible soils. The weight of mat foundation and high-rise structure would provide sufficient pressure on the expansive soil to prevent soil expansion. To ensure the mat foundations are properly installed, recommendations from the geotechnical report are reproduced as Mitigation Measure 4-4 below. Upon compliance with the CBC and applicable mitigation measures, project development would not exacerbate existing hazards from expansive soils, and impacts would be less than significant. Mitigation Measures 4-4 All foundation excavations shall be observed and/or tested by the project applicant's geotechnical consultant before placement of concrete to verify that the foundations would be supported in competent soils. If soft or loose soils are encountered at the subgrade level, the soils shall be removed or brought to a near -optimum moisture content (±2 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. Passive and 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. Finding Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 4. Transportation and Traffic Museum House Project CEQA Findings of Fact -18- 65 Impact 5.13.7: Project -related construction worker, delivery, and construction vehicle trips would not adversely affect the operations of intersections and roadways in the study area. [Threshold T-11 Per the City of Newport Beach, construction is allowed Monday through Friday from 7:00 AM to 6:30 PM and Saturdays from 8:00 AM to 6:00 PM. It is anticipated that the project would be built in a single phase spanning approximately 28 months, from January 2018 to May 2020. The proposed project would be completed in one phase; however, there are vanous construction activities throughout the construction process. There would be up to 200 construction workers on site. Construction workers would park onsite unless a designated offsite parking area is approved bythe City. Construction workers would not park on local streets. Assuming a worst case scenario where all workers drive solo, it is possible that up to 200 inbound trips would occur in the AM peak hour and 200 trips in the PM peak hour. The highest number of haul trips would occur during the soil haul period, which includes site preparation, fine grading and rough grading. There would be a total of 4,600 truck load trips during this period, which equates to 153 truckload trips per day over a 30 -day soil haul period. This translates to 459 passenger -car equivalent trips per day, assuming all heavy vehicles are four axles. Construction hauling would be limited to weekday hours between 7:00 AM to 4:00 PM The estimated construction -related haul truck traffic is greater than the estimated proposed project daily trips (3 10 dailytrips) by 149 daily trips. Typically, the peak hour is 10 percent of the dailytraffic volumes, therefore potentially there would be 15 (fifteen) additional trips along the haul routes during the AM peak hour. Construction would cease before the traffic PM peak hour. Study intersections would operate at acceptable LOS under all scenarios. Therefore, given the small increase in traffic related to project construction, the increase in v/c at any study intersection would be nominal. The roadways and intersections would be able to handle the additional construction traffic volumes without making any study intersection operate at unacceptable LOS. Construction trucks would be staged at an offsite location acceptable to the City and would be dispatched to the site five to ten trucks at a time to prevent truck queuing at inappropriate locations. It is expected that heavyvehicles would access the site via SR -73 (north of Bison Avenue) and head south via Jamboree Road or MacArthur Boulevard. Once within the vicinity of the project site, heavy vehicles can use non -designated truck routes to access the project site. Per the City of Newport Beach, the project is required to prepare a construction traffic management plan that outlines items such as construction hours, truck routes, traffic and parking effects, and safety procedures for pedestrians and cyclists. All proposed truck routes would be approved by the City before beginning construction. It is reasonable to assume that the majority of the workers would arrive before 7:00 AM, prior to the allowed construction period, and workers would stagger their arrivals to the project area (not all arrive at the same time) outside of the peak AM period. Importantly, no construction workers trips or construction haul trips would occur at the same time because workers would arrive before 7:00 AM and hauling cannot start until 7:00 AM. The construction workers would park at an offsite lot in the Newport Center area and be shuttled to the site, if necessary. The offsite parking locations would be negotiated with nearby owners at a later date and can include the Villas at Fashion Island parking garage, the adjacent PIMCO parking garage, and Pacific Life Insurance Company (700 Newport Center) surface parking lot. The specific parking locations would be identified in the project's construction management plan. After completion of the proposed parking garage, workers would park onsite. Given the preceding factors, construction worker traffic would not significantly impact nearby roadways. Additionally, the project applicant would be required to submit a congestion -management plan prior to the commencement of any construction activities. Museum House Project CEQA Findings of Fact -19- Mitigation Measures 13-1 Prior to issuance of building permits, the project applicant shall prepare a construction traffic management plan to be submitted 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 din. Finding Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR These changes are identified in the form of the mitigation measures above. The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The following summary describes the significant, unavoidable adverse impacts of the proposed project. 1. Noise Impact 5.9.1: Construction activities would result in potentially significant temporary noise increases in the vicinitv of the Droiect site. Construction activities would occur for approximately 28 months. Activities would include demolition of the existing OCMA building, site preparation, grading, utility trenching, construction of the 25 -story condominium tower, and offsite sewer improvements. Two types of short-term noise impacts could occur during construction: (1) mobile -source noise from transport of workers, material deliveries, and debris and soil haul and (2) stationary -source noise from use of construction equipment. Existing uses surrounding the project site would be exposed to construction noise. Museum House Project CEQA Findings of Fact -20- 67 Construction Vehicles On -Road Transport of Workers and Vendor/Haul Trucks The transport of workers and equipment to the construction site would incrementally increase noise levels along site access roadways. Approximately200 construction workers are expected to workthroughout the 28 - month construction period. The worst-case flow of construction -related trips would occur during the soil haul period, which includes site preparation, rough grading, and fine grading. There would be a total of 4,600 truck load trips during this period, which equates to 153 truckload trips per day over a 30 -day soil haul period. This number of construction -related vehicle trips would be an increase of much less than 10 percent in total daily vehicle flows along Santa Barbara Drive and Santa Cruz Drive (which have average daily trip [ADT] flow rates of approximately 10,000 and 8,000, respectively). This would result in a noise level increase of much less than 0.5 dB (in the traffic -focused CNEL noise level metric) and would, therefore, have a less than significant impact on noise receptors along the truck routes. Other phases of construction are anticipated to have less than 25 daily trips (for the aggregate of workers plus vendors plus haul -offs), and these phases would have even less of an incremental difference in noise levels along construction trip routes than the worst-case mass excavation soil haul phase. While individual construction vehicle pass-bys may create momentary noise levels of up to approximately 85 dBA (Lmax) at 50 feet from the vehicle, these occurrences— although potentially audible for a few seconds— would generally be infrequent. Due to the infrequency of events, their relatively short-lived durations, their commonality with existing truck pass-bys, and the vehicle code exemption, construction vehicle movement noise would be less than significant. Truck Queuing For this size project, it is possible that multiple deliveries (such as for fresh cement) and/or haul -offs (during demolition and site preparation) could occur simultaneously (or in quick succession). Thus, construction- related onstructionrelated trucks may end up being queued near the entrance(s) to the site and could potentially be idling while waiting to enter the construction zone. However, per the City of Newport Beach, the project is required to prepare a construction traffic management plan that outlines items such as construction hours and truck routes. Construction trucks would be staged at an offsite location acceptable to the City and would be dispatched to the site five to ten trucks at a time to prevent truck queuing at inappropriate locations. Additionally, noise from idling construction trucks would be overshadowed by normal traffic flow noise on nearby streets, particularly from daytime traffic flows on San Clemente Drive. Therefore, idling trucks would not substantially add to the overall community noise environment. Further, according to the California Air Resources Board, construction trucks are prohibited from non-essential idling longer than five minutes. Based on the relatively low aggregate noise emissions and the short-term nature of such a source, queued construction trucks would create localized noise impacts that would be less than significant. Construction Equipment Noise generated during construction is based on the type of equipment used, the location of the equipment relative to sensitive receptors, and the timing and duration of the noise -generating activities. Each stage of construction involves the use of different kinds of construction equipment and, therefore, has its own distinct noise characteristics. Noise levels from construction activities are dominated by the loudest piece of construction equipment. Noise levels from project -related construction activities were calculated from the simultaneous use of all applicable construction equipment at spatially averaged distances (i.e., from the center of the general construction area) to the property line of the closest residences. Many of the properties near the project site consist of office and commercial uses, but there are several residential and hotel developments near the site as well— the Colony Apartments (approximately 260 feet southwest of the project site), Big Canyon residential community to the northeast (950 feet), and Island Hotel Newport Beach to the southeast (1,100 feet). Additionally, the Villas at Fashion Island are under construction Museum House Project CE QA Findings of Fact -21- in the lot directly adjacent to the north side of the project site. According to the site plan for the Villas at Fashion Island apartment complex, the nearest building would be a distance of 230 feet from the center of construction for the proposed project. The center of the project site was used as the best representation of spatially- averaged activities throughout the construction zones (i.e., average construction noise levels). Although construction may occur across the entire site, the center of the project best represents the potential average construction -related noise levels to the various sensitive receptors during the overall construction portion of the project. Moreover, the existing budding demolition and the erection of the proposed project are primarily located towards the center of the two -acre site, providing some setback from the surrounding land uses. Each stage of construction has a different equipment mix, depending on the work to be accomplished. Construction activities associated with the proposed project would not require blasting or pile driving. In the construction of residential and mixed-use projects, demolition and grading typically generate the highest noise levels because they require the largest equipment. Noise attenuation due to distance, the number and type of equipment, and the load and power requirements to accomplish tasks at each construction phase, construction activities would result in different noise levels at a given sensitive receptor. As a result, construction noise quite often exhibits a high degree of variability from moment to moment, day to day, and even month to month. Heavy equipment, such as a dozer or a loader, can have maximums short -duration noise levels in excess of 80 dBA at 50 feet. Since noise from construction equipment is intermittent and diminishes at a rate of 6 dB per doubling distance, the average noise levels at noise -sensitive receptors would be much lower, because mobile construction equipment would move around the site with different loads and power requirements. Both average and maximum noise levels are discussed below. Average Construction Noise Levels Short-term noise during the approximately 28 -month construction period can be associated with site preparation, grading, and building construction of the proposed land uses. Using information provided by the City of Newport Beach and methodologies and inputs employed in the air quality assessment, the expected construction equipment mix was estimated and categorized by construction activity. The associated, aggregate sound levels— grouped by construction activity— are summarized in Table 1. Table 1 Project -Related Construction Noise Levels, Energy -Average Le Sound Levels Construction Activity Phase (duration) Sound Level at Various Distances from Construction Activities, dBA L, Villas at Fashion Colony Apartments Big Canyon homes Island Hotel Island Apts. 230 ft. 260 ft. 950 ft. 1,100 ft. Demolition 2 months 72 71 60 59 Site Pre 1 month 67 66 54 53 Excavation 4 months 67 66 54 53 Utility Trenching +Fine Gradin 1 month 68 67 55 54 Building Construction 22 months 67 66 54 53 Building Const + Paving (overlaps with above 70 69 58 57 Finishing / Landscaping 3 months 67 66 54 53 Note: Calculations performed with the FHWA's RCNM software are included in Appendix J of the DEIR. As shown, combined, spatially averaged noise levels for each construction phase would range between 66 and 72 dBA Leq at the Villas at Fashion Island and Colony Apartments, and 60 dBA Leq or lower at receptors at least 950 feet away. Assuming a typical interior noise reduction of 25 dB from exterior noise levels, the average noise levels due to project -related construction activities at the interior areas at the affected uses (i.e., closest units at the Villas of Fashion Island) would generally range from 28 to 47 dBA Leq. There may be instances where these noise -sensitive receptors would be exposed to higher levels of noise from construction equipment operation. However, these moments would be sporadic and limited during the demolition, grading, and site preparation phases of construction; primarilywhen large construction equipment passes by. Museum House Project CE QA Findings of Fact -22- Maximum Construction Noise Levels Maximum noise levels for each stage were calculated as if the loudest piece of construction equipment was operating by the site's property line next to the nearest sensitive receptors in the vicinity of the site. This use of a distance from the closest equipment item to the closest noise -sensitive receptor is consistent with the assessment of maximum noise levels (due to the shortest propagation distance). Table 2 shows that the maximum unmitigated noise levels from each construction stage at the nearest affected receptors would range from 55 to 79 dBA Lmax. Table 2 Project -Related Construction Noise Levels, Maximum (Lmax) Sound Levels Sound Level at Various Distances from Construction Activities, dBA L_ Construction Villas at Fashion Colony Apartments Big Canyon homes Island Hotel Activity Phase (duration) I Island (100 ft.) I (150 ft.) 1 (770 ft.) 1 (910 ft.1 Demolition 2 months 79 76 62 61 Site Pre 1 month 74 71 56 55 Excavation 4 months 74 71 56 55 Utility Trenching +Fine Gradin 1 month 75 72 57 56 Building Construction 22 months 74 71 56 55 Building Const + Paving (overlaps with above 77 1 74 60 59 Finishing / Landscaping 3 months 74 1 71 56 55 Note: Calculations performed with the FHWA's RCNM software are included in Appendix J of the DEIR. These levels represent the maximum levels that could occur during construction when the loudest piece of equipment is operating at maximum power at the location nearest to each receptor. Note also that longest phase, building construction, would involve noise sources on each floor of the multistory project as the development increased in elevation. These elevated noise sources (such as cutting, welding, sawing, and drilling activities) would, for various durations, be below, at, and finally above the elevation of the then - completed units at the Villas of Fashion Island. Therefore, intervening equipment or structures (between the project site and the Villas site) would not provide any barrier attenuation benefits for these elevated sources during the majority of the building construction phase. The maximum exterior noise levels during the loudest activity (demolition) would range from 79 dBA Lmax at the Villas at Fashion Island apartments to 61 dBA Lmax at the Island Hotel. Assumi g a typical interior noise reduction of 25 dBA due to closed windows, the maximum noise levels during demolition would range from 55 dBA Lmax at the Villas at Fashion Island to 36 dBA Lmax at the Island Hotel. To illustrate, 55 dBA is comparable to noise levels at a large business office and below the noise levels generated by normal speech at 3 feet. Maximum noise levels during the building construction phase are projected to be approximately 5 dB less than for the demolition phase. As noted above, with the high degree of variability in construction noise, exposure to such sound level incursions would be brief, and the maximum noise levels at the residential property line would lessen as the noisiest piece of construction equipment moved farther away, reduced the necessary power setting, and/or changed the interaction with the work piece. Construction Equipment Noise Summary Adjacent sensitive receptors to the project site would be exposed to elevated noise levels during the construction period. The calculations presented in Tables 1 and 2 show that noise from demolition activities would be highest. Noise from the main construction of the residential building would have the longest duration and would last for the remaining 22 months. The noise levels related to project construction at the Colony Apartments facing San Clemente Drive and the future Villas at Fashion Island residences facing the project site would be perceptible and/or potentially annoying at times, especially when equipment is operating at maximum power and nearest to the boundary of Museum House Project CEQA Findings of Fact -23- 70 the site. The highest noise levels within the affected interior areas would be in the range of 42 to 47 dBA Leq and in the range of 50 to 55 dBA Lmax, which would be audible and comparable to noise levels at a business office or for normal speech, potentially causing sporadic disturbances for these residences. And the highest noise levels within the affected exterior areas would be approximately 72 dBA Leq and 79 dBA Lmax. The City of Newport Beach Municipal Code limits noise sources associated with construction, repair, remodeling, or grading of any real property to the hours of 7:00 AM and 6:30 PM on weekdays, and 8:00 AM and 6:00 PM on Saturdays. This same portion of the code exempts noise levels caused by construction equipment in having to meet the basic noise level limits of § 10.26.025 (Exterior Noise Standards). However, because of the magnitude of the noise levels within the then -completed nearest units at the Villas of Fashion Island complex and because of the extended length of the overall construction period, these impacts would be potentially significant. Implementation of Mitigation Measures 9-1 through 9-9 would reduce construction noise impacts to the maximum extent feasible. However, given the expected noise levels during the two-month demolition phase (predicted to be as high as 47 dBA Leq and 55 dBA Lmax within living spaces at the closest, then -completed units at the Villas of Fashion Island property), coupled with the length of the site preparation/grading (4 months) and building construction phase (22 months) and its expected noise levels as high as 42 dBA Leq and 50 dBA Lmax within living spaces at the closest, then -completed units at the Villas of Fashion Island complex, significant construction noise impacts would remain. Mitigation Measures 9-1 At least 30 days prior to commencement of demolition or any other construction activities, notification shall be given to all residents or businesses within 500 feet of the project site regarding the planned construction activities. The notification 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 posted at the entrance to the job site, clearly visible to the public, that contains a contact name and telephone number of the construction contractor's authorized representative to 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 commuting, material deliveries, and debris/soil hauling) so as to minimize pass-bys or residential areas around the project site. 9-4 All heavy construction equipment used on the proposed project shall be maintained in good operating condition, with all internal combustion, engine -driven equipment fitted with intake and exhaust muffles, air intake silencers, and engine shrouds no less effective than as originally equipped bythe manufacturer. 9-5 Electrically powered equipment instead of pneumatic or internal combustion powered equipment shall be used to the extent possible. 9-6 All stationary noise -generating equipment shall be located as far away as possible from neighboring property lines; with particular attention paid to the residential complex (currently under construction) to the north of the project site. Museum House Project CEQA Findings of Fact -24- 71 9-7 Limit all internal combustion engine idling both on the site and at nearby queuing areas to no more than five (5) minutes for any given vehicle or machine. Signs shall be posted at the job site and along queueing lanes to reinforce the prohibition of unnecessary engine idling. 9-8 The use of noise producing signals, including horns, whistles, alarms, and bells will be for safety waming purposes only. Use smart backup alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters. 9-9 A temporary noise barrier/curtain shall be erected between the construction zone and adjacent residential receptors to the north of the project site boundary. The temporary sound barrier shall have a minimum height of 16 feet and be free of gaps and 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 blanket/curtain 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. All the above conditions shall be included on the permit applicant drawings with verification by the Building Division Plan Check staff. Additionally, all the above conditions shall be verified in the field by the Building Division field inspection staff at the project site. Finding Finding 3 — The City hereby makes Finding 3 having found that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and, further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR (CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. VI. FINDINGS REGARDING ALTERNATIVES A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING PROCESS The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the DEIR Alternative Project Location CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (Guidelines 15126[51BI1D. Key factors in evaluating the feasibility of potential offsite locations for EIR project alternatives include: e if it is in the same jurisdiction Museum House Project CEQA Findings of Fact -25- 72 ■ whether development as proposed would require a General Plan Amendment, and; whether the project applicant could reasonably acquire, control, or otherwise have access to the alternative site (or the site is already owned by the proponent) Since the project applicant does not own or control other property within the City, the evaluation of potential alternate sites focused on sites that could accommodate a development similar to the proposed project on properties that have been identified by the City as suitable for residential development. It was assumed that the project would be developed based on the same plans detailed in Chapter 3, Project Desai of the DEIR Table H32 of the Newport Beach 2014-2021 Housing Element includes an inventory of land suitable for residential development within Newport Beach. Based on the development Emit and allowable density in the available areas, the proposed 100 -unit condominium tower could be sited in Banning Ranch, John Wayne Airport Area, or Newport Center. However, the Banning Ranch area is proposed as a planned community by Newport Banning Ranch, LLC and would accommodate 1,375 dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of commercial uses, approximately 51.4 acres of parklands, and approximately252.3 acres of permanent open space. Table 1-132 of the Housing Element states that there is a maximum development limit of 1,375 units; therefore, if the Banning Ranch project is approved as proposed, the Museum House project would not be able to relocate to this location. Per the City's Housing Element, the John Wayne Airport Area can accommodate a realistic capacity of 2,061 units. There are several existing residential project applications in the Airport Area— Koll Newport Residential (260 units) and Uptown Newport Mixed Use Development (1,244 units, approved) 1. In total, these cumulative projects would buildout 1,504 units of the 2,061 realistically allowed units, leaving 557 allowed units for future projects. Therefore, the proposed 100 -unit condominium tower could potentially be built in the Airport Area. As with the current project location, without mitigation, the development of the proposed residential tower within the Airport Area could be expected to result in significant construction -related noise, air quality and vibration impacts. Similarly, proposed excavation could result in significant cultural, paleontological, and geotechnical impacts. Development at this alternative location, therefore, would not be anticipated to eliminate or reduce any significant impacts. Moreover, additional constraints and impacts would be presented by the proximity to the John Wayne Airport OWA). Most of the southwest portion of the Airport Area is located in the JWA Airport Environs Land Use Plan (AELUP) 65 dBA CNEL contour, which is unsuitable for residential and other noise -sensitive uses. The project would also require notice to the Federal Aviation Administration (FAA) and Airport Land Use Commission (ALUQ because the proposed tower would be over 200 feet and within the obstruction imaginary surfaces area. An aeronautical analysis of the structure would be required to determine whether the tower causes a hazard to navigable airspace per Federal Aviation Regulations (FAR) Part 77. The project would also require approval by the ALUC Therefore, there are restrictions to development of the proposed tower depending on where it is sited within the Airport Area. Table 1-132 of the City's housing element identifies 608 additional units as the future development capacity for Newport Center, based on the existing General Plan. The following residential cumulative projects are currently proposed in Newport Center— Villas at Fashion Island (524 units under construction) and the Meridian (Santa Barbara) Condominiums (79 units completed); only 5 units remain that are unbuilt. It should be also noted that a General Plan Amendment is proposed for 150 Newport Center (49 units) in Newport Center. In total, these cumulative projects would exceed the residential development capacity stated in the housing element. This supports the conclusion that there is a lack of alternative site locations in Newport Center that have the appropriate land use entitlements to support the proposed project. I The Newport Place Residential project (384 units) was also a cumulative project proposed in the Airport Area but was denied by the Newport Beach City Council on July 26, 2016. Museum House Project CE QA Findings of Fact -26- 73 Based on this review, there are no feasible alternative project sites within the City that would accommodate the proposed project and reduce or eliminate significant environmental impacts. Therefore, this alternative was considered but rejected for further consideration. Reduced Height Alternative The Reduced Height Alternative was designed and considered in response to scoping process comments and for its potential to reduce or eliminate significant impacts associated with the project as proposed. As with the proposed project, this alternative is assumed to include 100 units, so it is anticipated operational impacts (including traffic, public services, operational air quality and noise impacts, and utility needs) would be similar to the project as proposed. The Reduced Height Alternative would decrease the proposed tower height from 295 feet to 65 feet (from podium to roof of last occupied space) to be consistent with the underlying zoning of the project site— San Joaquin Plaza Planned Community Development Plan (P®P; PG 19). The building would be six stories of residential floors over two levels of parking (one level of ground parking and one underground level of parking). This height would be in keeping with the adjacent Villas at Fashion Place project and essentially extend the character of that development. Buildout of 100 units would generate an estimated 224 residents as with the proposed project. Grading for this alternative would require approximately 28,400 cubic yards of soil export compared to 45,000 cubic yards of soil export for the proposed project. Given the substantial decrease in height, the building footprint would be much larger and encompass 78,426 square feet, covering approximately 90 percent of the project site compared to 30 percent under the proposed project. The larger building footprint would also decrease the amount of open space amenities and circulation area on the ground level compared to the proposed project. Site access would be provided at a single entryway along San Clemente Drive for residents/visitors and delivery; thus, the fire access lane proposed along the eastern project boundary under the proposed project would not be developed under this alternative. Conclusion The Reduced Height Alternative would result in impacts marginally lesser or greater, or similar, to the less than significant impacts of the proposed project, depending on the resource area. For example, impacts to recreation and hydrologywould be marginally greater than the proposed project, but still less than significant. The larger building footprint would also not allow the beneficial development of a modular wetland system within the ground level buffered landscaping area that the proposed project would provide. Further, the common indoor and outdoor amenities provided under the proposed project would be greatly reduced since the expanded building footprint would cover approximately 90 percent of the lot. Also, the proposed project's less than significant greenhouse gas and air quality impacts would be slightly less due to the likely reduction in construction schedule. Importantly, however, this alternative would not avoid or lessen the proposed project's significant and unavoidable construction noise impact. The Reduced Height Alternative would require construction of a 65 - foot residential building in closer proximity to nearby sensitive receptors than the proposed project. Moreover, although the overall height of the building would be reduced, the construction equipment necessary for development of the Reduced Height Alternative, including with respect to demolition, grading, and building construction, would be consistent with the proposed project. Thus, construction noise impacts would be similar and remain significant and unavoidable. Also, the Reduced Height Alternative would result in a new significant and unavoidable aesthetic (shade/shadow) impact that was not generated by the proposed project. Compared to the proposed 295 -foot tower, a 65 -foot residential building would cast shadows on more dwelling units for longer hours and would exceed the North Newport Center Planned Community (PG 56) shade standard, causing a new significant and unavoidable shading impact. A majority of the project objectives of the Museum House project would also either not be achieved or achieved to a lesser degree. For example, compared to the 295 -foot tower, development of a 65 -foot Museum House Project CEQA Findings of Fact -27- 74 residential building onsite would not provide a fully amenitized residential community with state-of-the-art facilities to the same degree (No. 1); maximize the project's view opportunities of the Pacific Ocean and Newport Harbor (No. 3); contribute significant property tax revenue to the same degree (No. 6); generate temporary construction employment to the same degree (No. 7); or maximize onsite open space and provide a variety of onsite outdoor open space amenities (No. 9). Given the aforementioned reasons, particularly the creation of a significant and unavoidable shading impact and the failure of the Reduced Height Alternative to avoid the significant and unavoidable construction noise impact of the proposed project, this alternative was considered but rejected for further consideration. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. ■ No Project/No Development Alternative ■ Existing General Plan Alternative Q Reduced Density Alternative An EIR must identify an "environmentally superior" alternative, and where the No Project Alternative is identified as environmentally superior, the EIR is required to identify as environmentally superior an alternative from among the others evaluated. Each alternative's environmental impacts are compared to the proposed project and determined to be environmentally superior, neutral, or inferior. Section 7.4 of the DEIR identifies the environmentally superior alternative. No Project/ No Development Alternative Under the No Project/No Development Alternative, no development would occur onsite and the existing OCMA building would remain in its existing condition. Buildout of the No Project/No Development Alternative would not introduce any new residential or nonresidential development nor any associated residents or employees. The OCMA building would remain in operation at its current location. Finding: The City Council rejects the No Project/No Development Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, l$ 21061.1; CEQA Guidelines, S 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soa v. City of Santa Cru.Z (2009) 177 Cal.App.4th 957, 1001; Sequoyah Hills Homeoniners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the FEIR. The No Project/No Development Alternative would reduce the proposed project's significant and unavoidable construction noise impact. Also, because the alternative would not include any construction or new development, it would also reduce the project's less than significant impacts to the majority of environmental topical areas, including aesthetics, air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, land use and planning, public services, recreation, transportation and traffic, and utilities and service systems. Population and housing and hydrology and water quality impacts would be greater for this alternative. Most of the project objectives are related to providing a high quality residential development within the City. Objective No. 4 also provides a goal of implementing General Plan Policy LU 6.14.4 by developing a residential project that would reinforce the original design concept of Newport Center. The No Project/No Development Alternative, because it does not include any residential development, would not achieve any of the objectives— develop a fully amenitized residential community with state-of-the-art facilities near major Museum House Project CEQA Findings of Fact -28- 75 activity centers (No. 1); provide housing to meet the City's needs (No. 2); maximize view opportunities of the City, Pacific Ocean, and Newport Harbor (No. 3); develop a residential project in Newport Center per General Plan Policy LU 6.14.4 (No. 4); create a landmark structure (No. 5); contribute significant property tax revenue (No. 6); generate temporary construction employment (No. 7); improve jobs -housing balance in the City (No. 8); or maximize onsite open space amenities (No. 9). Existing General Plan Alternative The Existing General Plan Alternative would either 1) develop the site with an alternate, allowable use under the current Private Institutions (PI) land use designation, or 2) expand/rebuild the existing OCMA building within the development limits outlined in the City's General Plan. According to the City's General Plan, the PI designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, healthcare, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The City's land use plan labels the site as Anomaly 49 with a development limit of 45,208 square feet. An adjacent PI -designated parcel is part of Anomaly 49 but not part of the project site. This adjacent parcel is built out with another OCMA-owned building of approximately 13,670 square feet. It is not within the project boundary and will not be demolished as part of the proposed project. Therefore, buildout of the project site under the existing General Plan would allow 31,538 square feet of Private Institutions use, and approximately 32 jobs would be generated. The second option under the Existing General Plan Alternative is to expand or rebuild the existing OCMA building to the maximum buildout potential. As stated above, the site's development limit is 31,538 square feet. Thus, the existing museum building (23,632 square feet) could be expanded by 7,906 square feet to the maximum allowed square footage, or the site can be redeveloped with a new museum building at a maximum size of 31,538 square feet. Buildout of this option would similarly generate approximately 32 jobs. Given the existence of the current OCMA building onsite, the logical project design feature under this alternative is an expansion of the building to its full buildout potential— approximately 7,906 additional square feet. Therefore, the analysis assumes buildout of this alternative to be an expanded museum. Finding: The City Council rejects the No Project/Existing General Plan Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. V. City of Santa Crud (2009) 177 CaLApp.4th 957, 1001; Seguoyah Hills Homeowners Assn. V. City of Oakland (1993) 23 Cal.App.4th 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the FEIR. The Existing General Plan Alternative would reduce impacts to the following environmental areas: aesthetics, air quality, cultural resources, greenhouse gas emissions, land use and planning, noise, public services, recreation, transportation and traffic, and utilities and service systems. Impacts to geology and soils, and hazards and hazardous materials would be similar and impacts to population and housing and hydrology and water qualitywould be greater. Overall, impacts would be reduced in comparison to the proposed project. Development of the Existing General Plan Alternative would not achieve most of the project objectives. This alternative would not develop a fully amenitized residential community in the Newport Center area (No. 1); provide additional housing to meet the City's growing population and housing needs (No. 2); develop a residential project per Newport Beach General Plan Policy LU 6.14.4 (No. 4); contribute significant property tax revenue to the City (No. 6); or improve the jobs -housing balance in Newport Beach (No. 8). This alternative also would not maximize the project's view opportunities of the Pacific Ocean and Newport Harbor (No. 3) or generate temporary employment in the construction industry (No. 7) to the same degree as the proposed project. However, an expanded museum would still be able to create a landmark structure with Museum House Project CE QA Findings of Fact -29- 76 architectural features and materials that complement the project's location (No. 5) and maximize onsite open space by providing outdoor open space amenities (No. 9). Reduced Density Alternative The Reduced Density Alternative would allow development of a 90 -unit residential tower (10 fewer units) at a reduced height of 23 stories (271 feet, 6 inches). Table 3 provides a development summary comparison of the proposed project to this alternative. The building footprint and provided setbacks would remain the same. Buildout of this alternative would introduce approximately201 residents and 20 jobs. Table 3 Proposed Project vs. Reduced Density Alternative Development Summary Proposed Project Reduced Density Alternative Dwelling Units 100 units 90 units Height 295 feet 25 stories 271 feet and 6 inches 23 stories Building Area Tower 391,158 SF 359,167 SF Parking Garage 115,828 SF 115,828 SF Parking 250 spaces 200 residential/50guest) 225 spaces 180 residential/45guest) Open S ace Common Open Space 52,523 SF 52,523 SF Common Indoor Space 20,855 SF 20,855 SF Private Open Space 21,444 SF 19,302 SF Finding: The City Council rejects the Reduced Density Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; C'EQA Guidelines, § 15364; see also City of Del Mar Y. City of San Diego (1982) 133 Ca1.App.3d 410, 417; California Native Plant Soc. v. City of Santa Crud (2009) 177 Cal.App.4th 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the FEIR. The Reduced Density Alternative would reduce impacts to the following environmental areas: aesthetics, population and housing, public services, transportation and traffic, and utilities and service systems. Impacts to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, and recreation would be similar. This alternative is able to achieve all the objectives of the proposed project. Although slightly reduced in density and height, the 90 -unit condominium tower and associated amenities would provide a fully amenitized residential community with state-of-the-art facilities within walking distance of employment oppomznities, public facilities, and recreational and commercial amenities (No. 1); provide additional housing to meet the City's growing needs (No. 2); maximize the project's view opportunities (No. 3); develop a residential project that reinforces the design concept for Newport Center per General Plan Policy LU 6.14.4 (No. 4); create a landmark structure with compatible and complementary architectural features and materials (No. 5); contribute significant property tax revenue (No. 6); generate temporary construction related employment (No. 7); improve the job -housing balance in the Citybyproviding housing within a major employment center (No. 8); and maximize onsite open space by providing outdoor open space amenities (No. 9). Museum House Project CE QA Findings of Fact -30- 77 Resolution No. 2016 - Page 11 of Exhibit "C" Statement of Overriding Considerations 78 Museum House Project Statement of Overriding Considerations Exhibit C STATEMENT OF OVERRIDING CONSIDERATIONS Introduction The City of Newport Beach is the Lead Agency under CEQA responsible for preparation, review, and certification of the Final Environmental Impact Report (Final EIR) for the Museum House Project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination, the City is guided by State CEQA Guidelines Section 15093 which provides as follows: CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects maybe considered "acceptable." When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the project against the following unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the project, none of which both meet the project objectives and is environmentally preferable to the proposed project for the reasons discussed in the Findings of Facts (Findings). The City of Newport Beach City Council, the Lead Agency for this project, having reviewed the Final EIR for the Museum House Project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the proposed project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. 79 Museum House Project Statement of Overridirr�z Considerations Significant Unavoidable Adverse Environmental Impacts Although most potential project impacts have been substantially avoided or mitigated, as described in the Findings, there remains one project impact for which complete mitigation is not feasible. The Museum House Project EIR identified the following significant unavoidable adverse impact of the proposed project: Noise Impact 5.9-1: Construction activities would result in significant temporary noise increases in the vicinity of the project site. Implementation of Mitigation Measures 9-1 through 9-9 would reduce construction noise impacts to the maximum extent feasible. However, given the expected noise levels during the two-month demolition phase (predicted to be as high as 47 dBA Leq and 55 dBA Lmax within living spaces at the closest residential units of the Villas of Fashion Island apartments), coupled with the length of the site preparation/grading (4 months) and building construction phase (22 months) and expected noise levels (as high as 42 dBA Leq and 50 dBA Lmax within living spaces at the closest residential units at the Villas of Fashion Island apartments), construction noise impacts would remail significant and unavoidable. Statement Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits including region -wide or statewide environmental benefits, of the proposed project, has determined that the unavoidable adverse environmental impact identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed project, in accordance with CEQA Section 21081(b) and State CEQA Guideline Section 15093. It should be noted that, when considering the economic, legal, social, technological, and other benefits of the project, the City also weighed the fact that the project's significant and unavoidable impact is considered of a temporary nature, and will cease upon completion of construction of the project. 1. Implement offsite wastewater infrastructure improvement Under existing conditions, an existing 8 -inch vitrified concrete pipe (VCP) sewer line at the intersection of Santa Barbara Drive and Jamboree Road has a peak flow of 0.436 cubic feet per second (cfs)— approximately 49.3 percent full. The threshold to determine the adequacy of sewer line capacity is whether peak wastewater flows fill the bottom half (50 percent) of the pipe. Therefore, the City would likely need to upsize the existing sewer line in the near future. Development of the proposed project would trigger a need to improve the 8 -inch sewer line to accommodate additional flow generated bythe proposed development. Approximately 81 lineal feet would be replaced with a 12 -inch VCP line and would connect into the Orange County Sanitation District trunk sewer line (existing OCSD manhole # BAY0010-0665). If the proposed improvement is installed, the 12 -inch VCP line would increase peak flow to 0.596 cfs and would only be 33 percent full in post -development conditions. This would allow the sewer he to accommodate existing peak flow and the proposed project's peak flow. 2. Improve the jobs -housing balance in the City of Newport Beach Jobs -housing goals and ratios are advisory only, and no ideal jobs -housing ratio is adopted in state, regional, or city policies. While the APA recognizes that an ideal jobs -housing ratio will vary from jurisdiction to jurisdiction, its recommended target for an appropriate jobs -housing ratio is 1.5, with a recommended range of 1.3 to 1.7. Museum House Project Statement of Overriding Considerations The condominium tower would bring 100 housing units into Newport Beach, which is a jobs -rich city. Based on the Southern California Association of Governments (SLAG), the City's jobs -housing ratio is projected to be 1.90 by 2040. Incorporating the 100 units into SCAG's projections would slightly decrease the City's jobs - housing ratio to 1.89, moving the City closer to the recommended jobs -housing range. 3. Introduce a landmark structure with distinct architectural features that complement the visual quality of Newport Center and Fashion Island The proposed tower would be designed as a LEED Silver building. LEED is a system created and administered by the United States Green Building Council (IISGBC) 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. Additionally, the tower would be constructed 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, multistory window groupings, and large terraces on the upper floors would be implemented to create a distinct landmark tower in Newport Center. The Museum House building would be a unique icon in Newport Center and help to further enhance the visual quality of Newport Center and Fashion Island well known in the southern California region. 4. Generate more revenue for the City of Newport Beach than the existing Orange County Museum of Art through property taxes, fees, and revenue expenditures from the project residents The City prepared a fiscal impact analysis on the proposed project in accordance with Newport Beach General Plan Implementation Policies 12.1 and 12.2. 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 the same way as existing development. Buildout of the Newport Beach General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the City's general fund of $21.7 million per year. The No Project/No Development Alternative and Existing General Plan/Expanded Museum Alternative analyzed in the EIR would result in a slight negative net fiscal impact to the City while the proposed Museum House project is expected to have a positive impact of approximately $600,000 per year. The positive fiscal impacts result from property taxes, fees, and revenue expenditures from future project residents. Generally due to the high market level targeted by the proposed project, the project would exceed the fiscal benefit from the existing museum use of the site under the existing General Plan. The project would also be consistent with General Plan Policy LU 2.4, which encourages the City to "accommodate uses that maintain or enhance Newport Beach's fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents." 5. Encourage a mixed-use environment that expands opportunities for residents to live close to jobs, schools, commercial centers, services, and recreation per General Plan Goal LU 6.14 and Policy CE 5.1.2. General Plan Goal LU 6.14 encourages "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." And General Plan Policy CE 5.1.2 promotes "link[in] residential areas, schools, parl�s, and commercial centers so that residents can travel within the community without driving." 81 Museum House Project Statement of Overriding Considerations The proposed project would further this goal and policy from the City's general plan by providing additional opportunities for residents to live close to existing jobs, commerce, entertainment, and recreation in Newport Center. The property's location, approximately one-quarter mile from Fashion Island, particularly lends itself towards this land use goal. Residential development at this location would provide a pedestrian -friendly environment by placing these uses within waUdng distance of employment, shopping, and entertainment. Conclusion The City of Newport Beach has balanced the project's benefits against the project's significant unavoidable construction noise impact, and finds that the project's benefits outweigh the project's significant unavoidable impact. This impact, therefore, is considered acceptable in light of the project's benefits. The City finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project's significant unavoidable impact. 4 82 Resolution No. 2016-127 Page 11 of _ ATTACHMENTS Planning Commission Resolution No. 2033 RESOLUTION NO. 2033 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. 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 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 Planning Commission Resolution No. 20"3 Planning Commission Resolution No. 2033 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 April 7, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the project to the Planning Commission. No action was taken at the study session. 6. A study session was held on September 1, 2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to provide a project update to the Planning Commission and review the conclusions of the draft EIR. No action was taken at the study session. 7. 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. 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 3 of 42 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 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 4 of 42 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. 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 CPAs 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 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 5 of 42 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 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 6 of 42 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: 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 7 of 42 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. 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: 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 facade 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 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 8 of 42 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. 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 2 0.52.0 8 0 (C) (2) (c) j: 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; 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 9 of 42 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 f. The protection of significant views from public rights) -of -way and compliance with [NBMC] Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 10 of 42 7. Walkways and egress are sufficient throughout the site as reviewed by the Building Division and the City Traffic Engineer. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. New street trees will be provided along San Clemente Drive. 15. 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 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 11 of 42 includes storage for resident bicycles (two bicycles per unit) to take advantage of existing bicycle infrastructure within the City. 16. 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. 17. 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. 18. 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: 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 12 of 42 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. 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 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, 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 13 of 42 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: 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 under 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 14 of 42 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. 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: 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 15 of 42 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. 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: 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. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 16 of 42 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 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: 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 17 of 42 L. That the subdivision is consistent with Section 66492.3 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 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: 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 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 18 of 42 this improvement, there will be adequate sewer system capacity to serve the requirements of the project. 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 [95.40] and Appendix A. Facts in Support of Finding_ 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 (8) can be made: 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 19 of 42 Facts in Support of Finding: 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. 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. 2005-017 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 UP2005-017 and MD2004-059. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 20 of 42 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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. MD2004-059, with each revocation effective upon the issuance of a demolition and/or grading permit. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 21 of 42 PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF OCTOBER, 2016. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler, Zak, Weigand NOES: None ABSTAIN: None ABSENT: None ED 03-03-2015 Planning Commission Resolution No. 2033 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.newi)ortbeachca.gov/index.aspx?page=1347 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. #### Page 23 of 42 Exhibit "B" Mitigation Monitoring Report Program 1811119VIII&I Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Section Page 1. MITIGATION MONITORING AND REPORTING PROGRAM.........................................................1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT LOCATION....................................................................................................................................... 2 1.3 PROJECT SUMNIARN.......................................................................................................................................... 3 List of Tables Table Page Table 1 Mitigation Monitoring Requirements................................................................................................ 5 Planning Commission Resolution No. 2033 Thispage intentionally left blank. Planning Commission Resolution No. 2033 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 bV 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 MA1RP 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, Afitigation Monitoring Requirenrentr. Planning Commission Resolution No. 2033 ■ 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 impact -related components 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 ,hen 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 hashion 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. Planning Commission Resolution No. 2033 1.3 PROJECT SUMMARY A 25 -story condominium tower is proposed for the approximately two -acre site and would consist of 100 for -sale residential 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. Planning Commission Resolution No. 2033 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. Planning Commission Resolution No. 2033 Table Monitor 5.2 AIR QUALITY 2-1 During construction, the construction contractors) 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 Construction Contractor Department- Building emit less than the low-VOC limits of South Coast Air Quality Division Management District (SCAQMD) Rule 1113 are known as "super -compliant paints." A list of super -compliant VOC coating manufacturers is available at SCAQMD's website (http://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 tips 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 -certified 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 Vibe (Gabrieleno or Juaneno). The archeological monitor shall have the authority to halt any project -related activities that may adversely impact Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) Date of Compliance) potentially significant archaeological resources. Suspension of ground disturbances in the vicinity of the discoveries shall not be lifted unfit 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-cerfified 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 paleontologiral Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Reaulrements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) Date of Compliance) resources discovered in the regional context and provide grading permits Community Development the catalog and all specialists' reports as appendices. Department — Building An executed curation agreement shall be part of the plan, and Division 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 GEOLOGYANDSOILS 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 sharing systems are typically limited to a maximum retained height of 15 feet. Tied -back shoring walls will require a temporary or permanent easement from the adjacent property owners and the City of Newport Beach. The shoring system shall be designed to resist a uniform pressure equal to 25 pounds per square foot (psf). An allowable passive earth pressure of 200 psf 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 (1 HAV). Alternatively, sloped excavations may be used to reduce the height of the shored Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) 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 Planning Commission Resolution No. 2033 Table 1 Mitiaation Monitorina Reauirements Mitigation Measure Responsibility for Implementation Tim[ Responsibility for Monitoring Monitor (Signature Required( Date of Compliance) one sack of cement per cubic yard and have a maximum slump Community Development residents or businesses within 500 feel of the project site construction of 5 inches. When set, such a mix typically has the consistency regarding the planned construction activities. The notification Division of hard compacted soil and allows for future excavation. shall include a brief description of the project, the activities that A lean non -shrink concrete plug with a minimum width length of occur. The notification shall also include the telephone number 3 feet shall be placed in the utility trenches at the location where of the construction contractor's authorized representative to off-site utilities enter the project boundaries to minimize the respond in the event of a vibration or noise complaint. potential for off-site water flow onsite. 9-2 Prior to the beainnina of construction activities, a sign shall be Project Applicant i Prior to construction i City of Newport Beach 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. Passive and 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 feel 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 beainnina of construction activities, a sign shall be Project Applicant i Prior to construction i City of Newport Beach Planning Commission Resolution No. 2033 Table 1 Mitigation Monitoring Requirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitorin Monitor (Signature Required) 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-bys 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. Deparbnent— 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 property 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 homs, 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. Planning Commission Resolution No. 2033 Table 1 Mitigation Monitorina Reauirements Mitigation Measure Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) 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 feet 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'/. -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. Planning Commission Resolution No. 2033 T'fiir jiage intwfionaly15k blame Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 24 of 42 Exhibit "C" General Plan Land Use Map Amendment 03-03-2015 9 MU -H3 RM PI 100 1 LSAN CLEMENTE Q� a RM b CO -R Planning i-ammigsinn Resolutinn Nn RM CO -R( ' p SAN. CV U) H w m 0 400 800 GP2015-001 (PA2015-152) Feet General Plan Amendment o 850 / 856 San Clemente Drive /( Document Name: PA2015-152 GP2015-001 Reso Exhibit 033 Planning Commission Resolution No. 2033 Table LU2 — Anomaly 49 GPA Table Anomaly Statistical Land Use Development Development Additional Number Area Designation Limit (so Limit Other Information 49 L1 Pi 45,,109 21,576 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 25 of 42 Exhibit "D" Amended PC -19 (San Joaquin Plaza) 03-03-2015 Planning Commission Resolution No. 2033 San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan Land Uses, Development Standards & Procedures Planning Commission Resolution No. 2033 Land Uses, Do,.elopment Standards & Prc edt�r 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) 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. Fioor 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 1 Planning Commission Resolution No. 2033 Land J:7 De "opm-nt St;�>>dards & Pro.:edure_ Chapter 2 (PC Subarea 2) 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 2 Planning Commission Resolution No. 2033 Land Uscs, C:-velopm• nt Standards & Prc eduras [th's page it tent;on-lly Hank] San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 Planning Commission Resolution No. 2033 Land Uses, Deve;op hent Standards & Proo_-duras San Joaquin Plaza PC Development Plan Amendment No. 8 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 4 Planning Commission Resolution No. 2033 LarJ User, De� elopment Sta:idards & 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) w San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 5 Planning Commission Resolution No. 2033 Land Uses, Developrr ant Standards & nrocedures C. San Joaquin Plaza Planned Community Area Location Map Figure -1— San Joaquin Plaza SAN GLENjENTE R. EDPC Subarea 1 (850 San Clemente Drive) 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 Planning Commission Resolution No. 2033 Lard Uses, Development Etar.ua.-ds & Proced,.,r�is 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 7 Planning Commission Resolution No. 2033 Land UsEs, Ccveloprrent Sta:,.da~ds & 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 L 100 residential units b. Uses that are accessory or anciliary 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 vin 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 8 Planning Commission Resolution No. 2033 Laru U:es, nev _lopm• nt Standards a Prc edi,r-s 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 9 Planning Commission Resolution No. 2033 Land Use--, Cevelop.r.:2nt Standards L Prc::E: ur`s 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 10 Planning Commission Resolution No. 2033 ,a:id Uses, Ez:velopmei,tStandard-; & Procedur-.s — — _. _ _ — — Ro9if4p�unnsut�rnanses Rmf pr Hiphrs+- Cce'ipiPc' SFara Building Entry Point ---- Finshed Grade Note: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (part 771 imaginary ol— truction surface for John Wayne Airport Graphic 1— Example of Building Height and Rooftop Appurtenances San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 11 Planning Commission Resolution No. 2033 Lar.d Cases, DL,/eIopm 2r,t Standa-Os a 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 12 Planning Commission Resolution No. 2033 L, -id U_ -es, D_ve!op-nent 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 13 Planning Commission Resolution No. 2033 Land Uses, Developmert Ftanuards & Froo�riures Table 2 — Sign Standards for San Joaquin Plaza Subarea 1 Sign Maximum Maximum Type yp Description Location Number Maximum Sign Size Letter / Logo Height Signs mounted on Determined by landscape walls San Joaquin project name; A (includes ground Plaza at San 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 B Building Sign awning or 2 primary and 4 not to exceed: inches parking secondary primary 24 Secondary structure inches, Secondary 16 inches 16 inches 4 (additional address signs 24 inches or On building maybe located as required C Building Address elevation where 24 inches high by Fire appropriate for on-site Department 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 Planning Commission Resolution No. 2033 L-;nd Uses, Cevelc pment StF ndards F F.-ocedur,-s 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 15 Planning Commission Resolution No. 2033 Land U. cs, Development Standards & Procedurej 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 16 Planning Commission Resolution No. 2033 Land Uses, Dev21cp,,i,_nt Stanuards & 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 17 Planning Commission Resolution No. 2033 Land Uses, D-, elopment Standards & Proc-- Cares 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 18 Planning Commission Resolution No. 2033 LEnd Uses, D-velopment Sta.tdards & 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 19 Planning Commission Resolution No. 2033 Land Use-, Dcvo; Dpm.:�nt Standar, s & Procedures Chapter 2 (PC Subarea 2) 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 aii 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 Planning Commission Resolution No. 2033 Lard L` -es, De­e:op:,7ent Standards & F.ocedures 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 (PC 19 Amendment) Planned Community Development Plan 8 August 2016 21 Planning Commission Resolution No. 2033 L--nd Uses, Deve;o pment Stanuards u 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 All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. No refuse collection area shall be permitted between a frontage street and the building line. I. TELEPHONE AND ELECTRICAL SERVICE 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 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. 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. 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 v!idth as depicted on the attached sign drawings. San Joaquin Plaza (PC 19 Amendment) Planned Community Development Plan 8 August 2016 22 Planning Commission Resolution No. 2033 Land Uses, Deve'o,, .,ier*. S':a.idards & 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 S % 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 anyone 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. 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. 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 exist from 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 26 of 42 Exhibit "E" Draft Development Agreement 03-03-2015 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk Planning Commission Resolution No. 2033 (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 Planning Commission Resolution No. 2033 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." —Y• 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. Planning Commission Resolution No. 2033 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) ("RE') 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. 1. 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: Definitions. In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below: "0.9 Acre Parcel" is located at 856 San Clemente Drive in the City, as described in Exhibit C and depicted on Exhibit B. Planning Commission Resolution No. 2033 "Action" shall have the meaning ascribed in Section 8.10 of this Agreement. "Adopting Ordinance" shall mean City Council Ordinance No. approving and adopting this Agreement. "Agreement" shall mean this Development Agreement, 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. "CEQA" shall mean the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, section 15000 et seq.), as the same may be amended from time to time. "CLty" 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. Planning Commission Resolution No. 2033 "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 pen -nits 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 tern "Development Regulations," as used herein, does not include any City ordinance, resolution, code, rile, 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 pen -nits 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. Planning Commission Resolution No. 2033 "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 M., 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, etm., ., as amended ("RCRA"); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Sections 11001 et sea., as amended; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seg., 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 M., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f et 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 SeMc . "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. Planning Commission Resolution No. 2033 "Hazardous Substances" means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum -derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any substance, waste, or material regulated under or defined as "hazardous" or "toxic" under any Environmental Law. "Mortgage" shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value. "Mortgagee" shall mean the holder of a beneficial interest under a Mortgage or any successor or assignee of the Mortgagee. "Notice of Default" shall have the meaning ascribed in Section 8.1 of this Agreement. "Party" or "Parties" shall mean either City, 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 Term of this Agreement to adopt or impose requirements for any such Subsequent Development Approvals that do not exist as of the Agreement Date. "Term" shall have the meaning ascribed in Section 2.4 of this Agreement. "Tennination 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. Planning Commission Resolution No. 2033 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 Term. 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 Planning Commission Resolution No. 2033 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 tenninated 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 1St following the —anniversary of the Effective Date by the percentage increase in the CPI Index between the Effective Date and said January 1st date (the first "Adjustment Date") and thereafter with the unpaid balance of said Public Benefit Fee increased on each subsequent January 1St 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. Planning Commission Resolution No. 2033 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 firture. 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 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 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 Parolee 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 Parolee 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. Planning Commission Resolution No. 2033 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 Processing and Permit Fees. City shall have the right to charge, and Developer shall be required to pay, all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required Subsequent Development Approvals, building permits, excavation and grading permits, encroachment pen -nits, 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 frill 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, Planning Commission Resolution No. 2033 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 Unifonn 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, Planning Commission Resolution No. 2033 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 terns of this Agreement as provided in Government Planning Commission Resolution No. 2033 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. 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 Planning Commission Resolution No. 2033 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 Option 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. Planning Commission Resolution No. 2033 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 Party for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City's right to recover the Public Benefit Fees due from Developer as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict Developer's indemnity obligations set forth in Article 10 or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in Section 8.10. 8.8 Additional City Remedy for Developer's Default. In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer's Default without recourse from Developer or its successors or assigns. 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 RecoverLegal 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 accn.ie upon initiation of the Action, regardless of whether the Action is prosecuted to a final judgment or decision. Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 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, Planning Commission Resolution No. 2033 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 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or any part of the Property shall be entitled to the benefits arising under this Agreement. 12.3 Mortgagee Not Obligated. Planning Commission Resolution No. 2033 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 ftilly 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 Mortga eg e=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 Planning Commission Resolution No. 2033 With a copy to: City Attorney City of Newport Beach 1.00 Civic Center Drive Newport Beach, California 92660 TO DEVELOPER: Mr. Gino Canori OCMA Urban Housing, LLC 18201 Von Kannan 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 Project 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 terms, covenants, and conditions set forth in this Agreement. This Agreement forms no partnership, joint venture, or other association of any kind. The only relationship between the Parties is that of a government entity regulating the Development of private property by the owner of the property. 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 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 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 Assigns-, Constructive Notice and Acce tance 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 Planning Commission Resolution No. 2033 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 DESIGNATION DESCRIPTION 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. [SIGNATURE PAGE FOLLOWS] Planning Commission Resolution No. 2033 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 Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney Planning Commission Resolution No. 2033 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 truthfiilness, 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) Planning Commission Resolution No. 2033 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELONG' IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF THE PARCEL EMAP, 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 1VHIPSTOCKED 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. ANN: 442-261-05 Planning Commission Resolution No. 2033 EXHIBIT B DEPICTION OF PROPERTY AND 0.9 ACRE PARCEL �•. J - This Map Is being furnished as a convenience to locate the herein described land in relation to adjoining streets and other N lands. The Company does not guarantee dimensions, distances, bearinga,or acreage stated thereon, nor is It 442-21 to illustrate legal building sites or supersede City or 1Pintended County ordinances, Le. zoning and building codes, etc. Ofticiai Information concerning the use of any parcel should ---" Volsa. }' y be obtained from local govemmerd agencies. IRVINE ORNE 'x , IN Yl-fP d LJ(x • nk 999 K. � p•� t<R. t BLX. 55 ��o (D e1y wj-\ t u 4IRA C7• ' i �y, O P.Y. 1YSYP 4T �; e <or1 GJSK,, O e•. s • 11 O �v.9. il5•YP r >•CQ dY). w,. „ a , A �Vy' • ' O �,' Pu Jl•.as z <•>•6. <!. g ''s - y') �. "Pale. -y <9i <e .� � v <D. I.• § PLP. ; .. �1 <C. S�M +.Y. :.' --ZY P,.e. )i •ZT.r. e• \✓ { rt gyp` t .R G Nv. ur7e B.QR&qqq V' 6 �; reP ac ar1E 0' "c£„T • IRVINE SUB N.N. 1-88 ,Dx, MARCH 1978 HIPEwcwttjv-e ` \ir<\ TRACT N0. 6015 - [c•s. M.N. ?39 -?8 i�� 41 TRACT NO. 75178 M.N. 737-45.46,47 _ PARCEL srve NAP P.N. 81 -8.73b-?7.175-77 ^'- 442 ?a. 26 ” Planning Commission Resolution No. 2033 EXHIBIT C LEGAL DESCRIPTION OF 0.9 ACRE PARCEL THE LAND REFERRED TO HEREIN BELOW 1S SITUATED 1N 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 EASEMENTFOR 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, NORTIIERLY ALONG THE EASTERLY PARCEL LINE OF SAID PARCEL 1 NORTH 07' 03'01" WEST 55.00 FEET; THENCE, SOUTH 82'56' 59" WEST 65.00 FEET; THENCE, SOUTH OT 03'01" EAST 55.00 FEET TO A POINT ON THE MOSTSOUTHERLY 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 82° 56 59" EAST 65.00 FEET TO THE POINT OF BEGINNING. A PN: 442-261-17 Planning Commission Resolution No. 2033 EXHIBIT D 0.9 ACRE PARCEL DONATION AGREEMENT Planning Commission Resolution No. 2033 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 ("City"), a California municipal corporation, and the Orange County Museum of Art (successor -in -interest by merger to Newport Harbor Art Museum) C'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 ("Pr_ oiect"). 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 Resolution No. 2033 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: Leaseback Financial Obligations. 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. Zts. The City shall retain limited access rights to the 0.9 Acre Parcel throughout the Leaseback to inspect, survey and/or Planning Commission Resolution No. 2033 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). 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 seq.), the California Environmental Quality Act (California Public Resources Code Sections 21000-21177) and CEQA's implementing regulations as Planning Commission Resolution No. 2033 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. 8. 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 Resolution No. 2033 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 Resolution No. 2033 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 Resolution No. 2033 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" Name: Title: "CITY" CITY OF NEWPORT BEACH Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aaron Harp, City Attorney 1329748.4 Planning Commission Resolution No. 2033 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 Resolution No. 2033 Planning Commission Resolution No. 2033 Page 27 of 42 Exhibit "F" Project Plans Including Vesting Tentative Tract Map No. NT2016-001 03-03-2015 OCMA ENTITLEMENT SET OCTOBER 12, 2016 � ar�ecrrme-rme,�caze �m Ixsx.numswn na.,aos<an L1EEf ReIX-CML L'op lIEEf MOIX-6AMwCN[ RAMSA MW; GRELATED rux.nsnn�urs ' a. x e PROJECT INFORMATION Site Addms: RESIDENTIAL DENSITY 150 so CNnwde W" 190120DK•SOUnb aAm W*W WNcI%CA02N0 PARRU 014 "W ARCWrECT OMMARCWW REQUIRED: 250 STALLS e'mi11IDhaU'i'"^ "°pb1i13i9^""^uP a" RESIDENTIAL 200 STALLS �� sas�N R NeiNrN�mt GUEST 50 STALLS Yw,.G1Mu rw,m9eu Wmxmryp¢ C tNcam rn+aMeMFMLatl i11Z9nstep iRl2%15kE ranNorm rs01MSON issasnN PROVIDED: 250 STALLS CML LANCICIFE IAnUSE COIBULT RESIDENTIAL 20D STALLS Rrs 1N+Nek P®YBAnlpipre M m*'eRai411P WEST 50 STALLS Sr NE srtex,uloa� aaswamSNN 'PER OEN M PLAN PM 2 SPACES PER LINT 9KlWES 1 C01ERm: PLUS Di cwx ox. TI -03 F— T�iN`ia>m�c.Nm— SPACES PERIMIfUPT050I=.025THEISM FOR GUESTPAMW T2116nNA0 FtlBRNtn PRDJECTDESCRIPTION FLOOR AREA THE PROJECT CONSISTS OF (1) MULT14TORY 1STFLOCRAREA 2109SF 14THFLOORAREA i6A21 SF RESIDENTIAL BUILDING. 21MRDMARFA 17,022 SF 151HUMMEA IWISF 25 STORIES OF RESIDENTIAL 3RDFLOWAREA: 17AISF 16THRnAFEA 16,011 SF 2 LEVELS OF UNDERGROUND PARKING 4THFLOORNEA 17,69/SF 771HRAORAREA 1406SF BUILDING SHALL BE COMPLETELY SPRINKLERED. 5MFLOdURFA 17,597SF iSTHRMAREA SMFLOORAREA IW5SF 19THRDORAREA 14M SF 14,550 SF GAL DESCRIPTION cw,na 7THFLOORAREA t6329SF 20MFLOONAREA14,453 SF 61HFLMAREA 16,323SF 21THROOHAJEk' t3947SF MFLOORAREA 16,30 SF MWFLOORMEA 13,045 SF yoo 10MRWAREA160 SF 2XIFLOORNEA 12AOSF a ua ,: �, ,"Cp1u ',e"•a,.ar, "u" IITNROORAREA 16,329 SF 24THROORARFA: 11,726SF n YO P°'0 "� s"'c ""Oi u'0 •`" °"� "" - .. - IZMR 0RAREA 16M SF ROORAREA 11.721 M.cus.s.n. rvxrazNs n.b sa �ssrmuIwract,�1MROORAWA' maw u,mKsswxs w,suas.s�merraTMc� 16,329SF TOTAL 3KISISF c„vars _ FW56_G_TRUTUEROS_AREA.......... _ 115.628 SF 'uM LEYELPI- 60,259 SF nn t`"•wpw�c LEVEL P2 - TOTAL GROSS BUILDING MEA: 55,569 SF 506,986 SF BUILDING CODE: CALIFORNIA BUILDING CODE 2013 TOTE CDC 219I66BC2015CM EFFECTIVE AKOI 17 MAL MELOORAREA4_____________________ RESIDENTIAL BUILDING: FLOOR AREA RATIO: 391,158 SF (4.5:1) BUILDING TYPE OF CONSTRUCTION: TYPE FA _ FULLY SPRINKLERED WM'TOTAL EAIQ.OSEDAREA OFALL ROOKS PER PJANEDCW DEVELOPLWPULV MTIY CITY OF NEWPORT BEACH DE 19AMEWMENTI ZONE cl IN 11ZONE DWELLING UNITS (BEDROOM I FIXTURE COUNT): 2 BR 13 BA J LL4BA __ ___��uN • 54 UNITS Ld1dRONTNoI NITS LOT GENERAL PLM OEBM•NATION PG19 APR:442.2610 Sm AwiO op OPEN SPACE: PROPOSED ZONE -RM -100 REQUIRED_________ LOT AREA AND LOT AREA COVERAGE _ ________ COMMON OPENSPACE 335.F.➢ERUNIT COMMON INDOOR SPACE SOO S.F. 7WSF 500 SF LdAm 66.924d(2Wm) Lo1Ca1N9e- B6.9Nd(2.00 aae) PRIVATE OPEN SPACE 30 S.F. PER 50% OF UNITS 1,500 SF T—(30R)• 25,75141059 aoe) TOTAL REWIRED: 9,5NSF SdnnRMM GNage(69%J- 60259d(1.38e ) &&4w. 16,012d(il7m) PROVIDED__________ _ __________ COMMON OPEN SPACE: GROUND LEVEL OUTDOOR AMENITIES- 57,523 SF 44,365 SF SETBACKS REWIRED: SM CLEMENTE DR- 15 Fi LEVEL 2OUTDOOR AMENITY' 8,158 SF SIDE YARD- 5FT TOTAL LANDSCAPING (10% MIND• 17,587SF REAR YARD- 5 F TOTAL NON -LANDSCAPED SPACE• 34,936 SF PROVIDED: SM CLEMENTEDR- 25 FT COMMON INDOOR SPACE: 19,343 SF SIDEYARO- (MINJ IOFT GROUND LEVEL INDOOR AMENITY- 6,998 SF M REYARD- 10 FT LEVEL 2 INDOOR AMENITY- 12,345 SF HEIGHT Hei¢ADdriditSoft 4MM.600)-Naz. Hek AAllb.W 245 FT PRIVATE OPEN SPACE: 21,44SF (+20'Ad&bA PagldMmm FaNedi PMOOMlAnh FP36n3) __UNITINSTANCESCRIb MINI________________ 99 UNITS TOTAL PROVIDED: 93,310 SF Proposed Buidirg9eight 291'i•fl(RaddladOwpiMSpxe) 'NOTE PRONDEDOPENSPACEMAYOLIMETHEPROJECTDESIG9WLL RAMSA rFr NN �N T , . - µ sn�`•c ------------- ..b �eamwou..os, 'I •ail I L______ _ __________ ------------ 1'I'I 1 ;i• I _ _ I , a <. nre,maa •wl .� � 4.— _ _•._ �._. — JA �________ ___�___:II —.— !ice- ... - ..... p1--s��.�_._. .«,amu. sxc � �Kyyp • � ue m w.tmmrs eo.n NAN CLEMENTEM. PL ! GRELATED La-----------I�— ,,,.-ra � sre� �kw • B"SA MVE' °`"q aso am Uem. ce w crEary uu:nirEc�s ,. n++mon GRELATED Ld -- ------- -- 714 �T 5- era LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY =:A —tz LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY "s'. c I-R—STE—HMM WRELATED IC2,T,7 s ffi.a ymfRmeRffi >a, l�Vr.3RfLfffi 4 r—r.a RRI[ R as - \�ro�n.nw �.. —y!j e j .L. •, .,_ yp� I,�g ,� la� L---4 sl LEVET.nn�m!LOMA ,gid LEYEL2! ygYyjj ,M,12 LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY � ca.w..wivaa — cawa.-omoow ».ao-an �� � co..a.anmu � ra�..aneow •a ».aqua I r— w..n.an�, "'1 ca,a,,..Roe„«.rs � I ,r,.� � o,.. ... carox ram,« ..x ""' m.. .. �"_ Faww,..00a,w.a ,.. x... �,. ,w �—� mxxw-.00u«.a ^+ ,... cs.. r... �-- �.wcw.«ke w .. �.. .� r� w « _ LE amasRanreR T r..Ni�a�Qe•,,�; � , Ir �m R r" LEVEL N•ROYIER LEVEL TOWHHOME91 LEVELS-IOFFERLEVELTOVRH ROOF LEVEL aRxaEa. �� � .rt aFx LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY LEGEND FLOOR SUMMARY � m«c..c�lomr ava�ux m«oe.mm. a+acssi � mm..mm. I,._-. -. RAMSA GRELATED >. ------------- j i � -------- I I lil �tl' I it I I I I I ' fPARKINGI IL ----- J- RAMSA MW G4.4 GRELATED Qi T RAMSA IMVE - ! . - - ------- --- -------------- ................ F P ' L WRELATED RWSA ' MVE' �..m.... I: RELATED RAMSA MVEI oc CRELATED -FFTnMSTEN: M6'xllTFc'IS � } p n w i - _-----_, -.. I ✓!2 p�{,-.�� .� o-4 igIi r' } +\ I �E1, --------` -----------------J •11 1 1 I--._-•-•-•-+- --- _Yn -.} .-. ----- ------ L.-. :1 RAMSA MVEI oc CRELATED -FFTnMSTEN: M6'xllTFc'IS � } p n w i ---- — -------------- 'T - ----------- ------ --- ------- -- ------- IT _74- - - - - - - - - - - I inn - - - -. -4........ RAMSA MVE� I , 1)MA S.. 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ISO an SECTION O SCALE: 1'=10 G04 SECTION H SCALES 1'-10' C-04 W 180 1]0 160 150 + p A p r p e p s w.pmwa.0 ROBERTMILSTERN ARCHITECTS /loh: eensrorv✓n..gnr.�.u. augwlnc�wip C-04 08/02/2016 COCMA RlA SA 850 San Clemente Drive ' FUSCOE SECTIONS GRE LATE D I I ------------ LEGEND LEGEND t 1 A `rPROPERTY LINE 1 1 �%` � f 11114 ! 1 m ! PROPERTY—/ SAN CLEMENTE DRIVE P LINE C-05 b 08/02/2016 OCMA �N FUSCOERAVSAasosanclementeDrive TREE EXHIBIT GRELATED ROBEATA.KSTERN ARCHITECTS .a,.iw.a�r,.t+weW..iroewm. - i I .r< 7�-= II11 Iil Iii I ,II+'Fi-I -�,.�I.���„_n,11`��i _ F�-="rF� «-•� ___ - I'�-:. 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GENERAL NOTES � ,o \ i � I� " - __ Or'�"> •.s � w�'�l �..x ea�� w � war., >' � .�„>.m ro ..�w�. �. °rw..,a J. rJ w �.�w.aua .'rrcn. ROOD ZONE __ _ _ — PAACFrL 2 ° _'_.. _ ...r...� asc®wuo y� ,I { LOT OWNERfwx I I -- „c SUBDIVIDER r " r 1 PARCEL 7 - -- -.I a I CIVIL ENGINEER f i LEGEND SITE ADDRESS i 'LEGAL rua OESCRIPTION 151 S I rT 7R RS 9 �k�l 9 - =erw inn/ a, n xm s raw styes er'!�+^ ..xn rw w nrcwoci °n nzw"�p0pacnwn" ww e.. m rnw acwa+ ave nas_�eow wa a,. a mrs. wa.. •.a. "wn ,ww I J w,ow..:w wewc r.,w w.-x w,n. °n wa vas xn,w-„ww, n .wkw,w gtMwx..u-, . _ ____ _ _ ___----------- - M s ,x° s� .o ro www rw e -- __I •wE ase ""ar� I _ _ _ __ __ __ T.: — _ _ L ~��r . _ - •.• _ � SASISOFBEARINGS k v e s xc smar uwr '�N w'a'rd n n& mc°5ef°a mem _ ' BENCH MARKw r.urrx -.".an .ursixu�r fir wm SAN CLEMENTE! D VE tdw _ ' VESTING TENTATIVE M° FUSCOE TRACT MAP NO. 17970 " CITY OF NEWPORT BEACH w 4.4 O f•N srtA�t. \�� ovEwEAo - �_ - ICR`- lE4Po�1Im'. I •. - DRCPDEF �\\\ I sPBPACEs� ^- / I E 3 Co) 3 E ` a I� EYiRY IP _ CRNEp� nMVE fph . SAN CLEMENTE DRIVE RAMSA °°MA PB Co 850 San Clemente Drive F - LEGEND `� caNCPtiE mrvEWAr wMPINIeWICE PATI TURALDan MEGRNLY Cq.OPED CECWABNE CDNCI¢T: TYPEf •VEXKIE MTFD v-� MIEDHA4YCOLDXED OECpUTIVE CMlCPE1E TYPE ]-GAROFII WA11t -� STpff ACCENT PAVERS •- - � WATIi FFATMRE -J STxiNEiiCTURP oocauN �r ALMETAL ENC DRN.wENTFEE WDM %LASTll£ BYf H HIGH MAX rIT6Yn T7 DARDEN TIEWS � iii iiiii I�rnaX, IPE wood �'Li..M uis %ASreRcouRBNs � isEiNoiEe¢ovn C PurrtmG AREA NOTES I. ENTtY MIXNLIflrtSIGNAGE. NLPRGPoSFD SIGNAGE SHNLCDMRV WRXCRV eTNIDARD Bi N0 MIMIpPN CGDE m.b.l b. IM. T. WNL XEIGXTGANp WTER4L3 NL STE HARDSCAPE PLAN -GROUND FLOOR =L 5 ­­ u.0 GRELATED LEVEL 2 ROOF TERRACES LEGEND «.t OCMA RAMSA PB �coj 850 San LAI Drive HARDSCAPE PIAN - ROOF GARDENS PRE LATE D F'BERTA STEWN CH[TE— — Bei. mn..ee.�u wna�daa.suei.nmen.�o. � r s1GNaOE T.P. SAN CLEMENTE1ORIVC - �-- =1=1 AK pn51 = T — _A, —SE USE A�SEEibTERT3.0 BEE—E.1. o1NMLBBTFD USEaREa ' TOBE N.IYP. T BEN'. M. � SA JEB�COCMA �O 850 San Clemente Drive RUBERTAMSTERN ARCHTEC ...e M•'F'l B•eU' e..re. P.e.n. ear... r.e PLANT SCHEDULE TWA. RQTAIRQA� arnuaN euME. �� PAW TREE: edls ryNb BreOnv�Ma COPnempa nMORe Pugo Pdm Bkn Heaps PeM ORI4MIEMN IREEB ATOubn eMaM1M CEu 4eG,nearcen FS Palm kMhubtraxbeiry bev O McMroae WaMAua UNGM 0leeeurgm lv�m.Ga�Bq GgNnm OmarlEwtlarn Mvyme PTmaMwyu'MYko=' IXw NIXImet Pas 0—c ACCENT EYERcAEEN TPEE' CupmePsarypWrtm L - ,peM 0 EVEFCAVEEN CN20PYTREE: Pima Wrs I lufen SbeM Pire • PrrivanwY 6TREEFTREE:ISEE MOTES BELOM] Ceuladc PeTPw Trve � rvbpn0u 2mryteal y �- EMBTWOSiREET TEFF ITMeENFIAOVEp) Wl®ENS SHRUS ABm MbmMM %aYa SbpY ABaw �.� Copoeme�epene'MeOYe Queen' Muds OiMen M'um PWn MOTE: PLNIRNG MFa Dake Mmbr O� meiBselee PaWyM1u qI STRUCTURE. PBONBE L1OHeKEIGef 806MEGA, SPEC RO. IarvGule GNeu'GucO+L Leek G.+✓ Denvae GonMnCiert O'F'fewNer PseMnieFMy Taaa' Pitlapmrn Tvnlem Gas ---SAN. BUFFER SHRUB MIX TneeeaWvn Nau' Hmnumm� dhAue HunLLiBlm Lerpl Ayampn OMetlWw Nra PaOepmuni Hwd�glm CaFN Pownary Aepele2aekm -- EdWmTanmuRc MurlenEmga Hpem PNedMaENm oeNGees BervY alM9e Bl�o' S- M'+eONBe Ovtlmee TAuelHN upM Lw LqM too, Rreemary Jurcvcwlere£IX Blue CdllomaGy Rmn Audoel�lrype uv.ud Edd RsyaY Kx•�bMkA L Mree 8en0aw Beale Lavavx EOwenvmAa4s'Ynkw PNi LaMVMa LHp i F.e�H,�IB MMM�B NOTES PLANTING PLAN - GROUND FLOOR ORUENNLE.—t."n ALL ..— S— T 1NEES TO SE RI HNLBE MW. ENI91GNgOEFKIPRO tOLANO MUNILT CODE 20]0.100.' r (:RELATED f -'� LEVEL 2 ROOF TERRACES... PLANT SCHEDULE Gee a.weee TREE aew Q�.,weNoeR, s..meee wo-erewwN N.N®se.,e�77w CW NmGR uaw�w me.e T.,e re.., Em Ner Me.e�Ey r�NsawNr.wec.n. GnMr u.a, BapeYN4s N.C.N. 4eeMenwome CwalfiwNnna RGGF GVedHi3 8!9i�@M8 —� ANYe�WNN'AUWeWw' emee µqs .NpuenVex M4M THN Hage NNrpmEav 000Y WoewepeiuMNY GueeK YeroeQwn Mawr Tew CmweNW lvtite Cww dew xm Fon�apuW HeeeEons FwWue EewebotHNeeve UvpgWe Mivv'GwCvanCw4Ga/ GwMNtwkGrey(a�nMer GM�WWe W�eeuWe Nq�eeuw' &ecR Nmao Graf wwwewmeera:,wNw New wmecNNw Pounertr»ollaLud NunWgw Cewef MinrrGmn Cvpn Reeemvy NOTES MAIINNG AN6F 1. IANGECePE OEWGN iS TG CGMPLYWN 0—NEWPoRT BE4CH WATER EFFlGENT IANGSGPEORgNNKE,NENC M 17) RAMSA I PBO I OCMA � ���� I r R E L AT E D PBS �O 850 San Clemente Drive PLANTING PLAN -ROOF GARDENS .1— f AM. STERN ARCHME ,woe u�eouun SANTq MARIA DflIVE PBCO ORANGE COUNTY MUSEUM OF ART RESIDENCES P.N—.R—.=PRP.N.._I r OCTOBER 12, 2016 LEGEND GROUND LEVEL OEI.TF.: ..- VE&GATEHO„ (B, WATER FEATURE `l DRL OFF O NAAGE ITRY EXT (D VALET PARI - CTEMPORARY PARKING LA'A\ GARDEN TRELLS oOL iE ALLEE Of. 'NTANP_AZA C) 5_JLPTUREMRDEN Q L. RMv F -G =R'A 'T50APE N I... .IEC. S 5E ,J L.?ipti, Doc; SYlKF TJRN AROUND UPPER LEVELS •sem-Y ME Pool.. h� .- C.... NA 1�1T- CT-, C1 TC "R I 35P vim Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 28 of 42 EXHIBIT "G" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Site Development Review Conditions 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 94.97 (Water -Efficient Landscaping Ordinance). 93. 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. 94. 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. 95. The parking structure will be valet operated by parking attendants. 96. 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 fire 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 3/4 hour fire door assembly complying with section 716.5. 03-03-2015 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 Page 35 of 42 q. Elevator fire recall switch in accordance with California Code of Regulations, Title 8, Division1, 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 10BC 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 Planning Commission Resolution No. 2033 Planning Commission Resolution No. 2033 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 andrq ading of the protect, 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 List of Zoning Districts Where Cultural Institutions are Permitted by Right • OA (Office—Airport) Zoning District • OR (Office—Regional) Zoning District • CC (Commercial Corridor) Zoning District • CG (Commercial General) Zoning District • CV (Commercial Visitor -Serving) Zoning District • MU -V (Mixed -Use Vertical) Zoning District. • MU -MM (Mixed -Use Mariners' Mile) Zoning District. • MU -DW (Mixed -Use Dover/Westcliff) Zoning District. • MU-CV/15th St. (Mixed -Use Cannery Village and 15th Street) Zoning District. • MU -W1 (Mixed -Use Water) Zoning District. • MU -W2 (Mixed -Use Water) Zoning District. v m O M 3 z U aJ O 3 a) = cu Y O N � 'C aJ u a Q Q o a F z z O o1-1 7 O S hop Y C L N a u fl Q Q O Q It Z Z O 0 11 c D ho c ar hp G7 = 3 s o o u 0 0 0 0 00 N O O LL a! v O O 00 c m O Q O O O O 00 00 N tH u z N 1-1 N ts H cm N O LL c O CL m aJ O v .; v c V i+ aJ c _ U Y (0 (J E n r O 'O C J) C c V E ai nma Q O O a a C N Ln Ln o N Ln Ln O (7 ti O o `y Co 0o 0o co O O O O W— = Qo as a` Z o_ C7 a l7 co O O N y O " 0 O OLn N N V M CL \ N Q c -q O O V) i V) C 3 Y O u U o t m al Eu u v N m v m �^ to Z N c t+ O N aj 0 0 H O O v 3 M > v o m> a`Q b zu pop v 0 CL CL M E O W C 7 v cc O aiU E u I 0 F O e -i rn N O U U) ai t V F 0 00 n O n rn C) q) o a C, c N N o E Z m ca o m h j O o Q O N Q _ m O ° a 3 U ae 17M) Air",M, Mb W -mm i p s/{ I • w- low— kr A � Land Use Element LAND USE Primarily a Residential Community That Businesses, and Visitors, with a Introduction Consistent with state law, the Land Use Element provides guidance regarding the ultimate pattern of development for Newport Beach at build -out. As such, it is based on and correlates the policies from all elements into a set of coherent development policies, which serve as the central organizing element for the General Plan as a whole. Policies for the conservation of natural resources and protection of residents and businesses from the risks of hazards are reflected in the distribution and densities of uses. " k Newport Beach Pier in the 1920s Newport Beach General Plan Pier in 1921 Land Use Element The quantity and location of uses are linked to the City's objectives for economic development, jobs generation, and fiscal balance, as well as intentions for urban form and community character. Their capacities are, in turn, correlated with the provision of adequate housing and services to meet the needs of its resident population and transportation, parking, and utility infrastructure that support residents, employees, and visitors. Implicitly, the Land Use Element serves as the final arbiter on how the City of Newport Beach shall evolve and mature over the next 20 years. Its policies are directly correlated and supported by those in all other General Plan elements. Cumulatively, the Land Use Element's policies directly affect the establishment and maintenance of the neighborhoods, districts, corridors, and open spaces that distinguish and contribute to Newport Beach's livability, vitality, and image. Policies for the development of individual parcels are inseparable from those that address how they will fit together to create places that are valued by the City's residents—safe and attractive neighborhoods, walkable and active commercial districts, and hillsides, ELEMENT Balances the Needs of Residents, Conservative Growth Strategy beaches, water, and open spaces that provide recreation and respite from an active lifestyle. As Newport Beach is almost fully developed, the Land Use Element focuses on how population and employment growth can be accommodated and still preserve its distinguishing and valued qualities. It recognizes that most of the City will be conserved with its existing pattern of uses and establishes policies for their protection and long term maintenance. It recognizes that there are limited areas of the City that are not achieving their full potential and establishes strategies for their enhancement and revitalization. It also recognizes the evolving needs of the marketplace and considerable pressures for population growth in the region and proposes creative strategies for the re -use of land to provide opportunities for new housing that will complement and enhance Newport Beach's character and Newport Beach in the twenty-first century Newport Beach General Plan Land Use Element livability. These strategies are carefully considered in context of community objectives for the provision of an efficient transportation system that minimizes congestion for residents, employees, and visitors. At the same time, it recognizes the needs to balance mobility objectives with priorities of Newport Beach's residents for the character of its neighborhoods and commercial districts and corridors. Our Starting Point—Newport Beach's Existing Land Uses Newport Beach has a unique physical setting with many visual, recreational, and environmental resources that has influenced the type and form of land uses within the community. The majority of the community is fully developed with a diverse mixture of residential, institutional, commercial, industrial, and recreational and open space uses. Residential uses represent the largest portion of land uses within the City, characterized by many distinct neighborhoods. Older communities were first developed along the coast line including the Peninsula, West Newport, Balboa Island, and Lido Isle. This early housing is characterized by a diversity of multi -family, single-family and mixed-use housing located within proximity of commercial and visitors serving uses. As development spread further inland and proceeded north and east, the residential pattern changed, becoming more suburban in character and characterized by single-family ranch -style homes on larger lots. While single-family attached and detached homes comprise the majority of housing in the community, the City contains many multi -family homes including condominiums, apartments, duplex, triplex, and fourplex units. These are located in older neighborhoods along the beaches including West Newport, Balboa Peninsula, Balboa Island, and Corona del Mar as well as in the northern portions of the community such as Bonita Canyon Village, and Newport Center. Mobile homes are found along Coast Highway in West Newport, west of Newport Dunes and near the Newport Pier. A variety of retail uses are located throughout Newport Beach including neighborhood shopping centers, commercial strips and villages, and shopping centers. The largest retail center in the City is Fashion Island, a regional attraction that is framed by a mixture of office, entertainment, and residential uses. Newport Beach also has many neighborhood shopping centers that service nearby residential neighborhoods with convenience goods. Many of the older commercial villages located along the coast and harbor include specialty shops, entertainment, and marine uses that serve nearby residents and visitors. These retail villages are located within Balboa Island, Balboa Village, Cannery Village, McFadden Square, and Corona del Mar. Much of the City's office space is located in Newport Center and the Airport Area. Newport Center is an area of both high- and low-rise offices surrounding the Fashion Island retail area. The Airport Area encompasses the properties abutting and east of John Wayne Airport UWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine. This area includes a mixture of low-, medium-, and high-rise office uses as well as research and development and high technology businesses. Industrial uses are primarily located within the West Newport Mesa area east of Banning Ranch. A variety of industrial, manufacturing, and supporting retail uses are located within this area. Research and development uses are clustered in the Airport Area. Government, educational and institutional uses include the City Hall, schools, libraries, museums, and religious uses. Newport Beach General Plan Land Use Element The City has approximately 278 acres of developed parks. Newport Beach's parklands range in size from mini -parks such as the Lower Bay Park to the 39 -acre Bonita Canyon Sports Park. Additionally, bikeways, jogging trails, pedestrian trails, recreation trails, and regional equestrian trails are also available in Newport Beach. Numerous open space areas are located within the community, including water front areas such as beaches, Newport Bay, and Newport Harbor. There are also numerous undeveloped areas supporting natural habitats and sensitive biological resources including Banning Ranch, Irvine Coast Marine Life Refuge, Coyote Canyon, Bonita Canyon Creek Watershed, Upper Newport Bay State Marine Park (formally Ecological Reserve) and Upper Newport Bay Nature Preserve. Other resources include the City's many undeveloped canyons and hillsides located primarily in the Newport Coast area. Goals and Policies Goal,, LU 1 A unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. Policy LU 1.1 Unique Environment Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. (Imp 1.1) LU 1.2 Citywide Identity While recognizing the qualities that uniquely define its neighborhoods and districts, promote the identity of the entire City that differentiates it as a special place within the Southern California region. (Imp 1.1) LU 1.3 Natural Resources Protect the natural setting that contributes to the character and identify of Newport Beach and the sense of place it provides for its residents and visitors. Preserve open space resources, beaches, harbor, parks, bluffs, preserves, and estuaries as visual, recreational and habitat resources. (Imp 1.1) Newport Beach General Plan Land Use Element LU 1.4 Growth Management Implement a conservative growth strategy that enhances the quality of life of residents and balances the needs of all constituencies with the preservation of open space and natural resources. (Imp 1. 1, 10.2) LU 1.5 Economic Health Encourage a local economy that provides adequate commercial, office, industrial, and marine -oriented opportunities that provide employment and revenue to support high-quality community services. (Imp 1. 1, 24.1) LU 1.6 Public Views Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1) LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policies LU 2.1 Resident -Serving Land Uses 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. (Imp 1. 1, 2.1) LU 2.2 Sustainable and Complete Community Emphasize the development of uses that enable Newport Beach to continue as a self-sustaining community and minimize the need for residents to travel outside of the community for retail, goods and services, and employment. (Imp 1. 1, 24.1) LU 2.3 Range of Residential Choices Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. (Imp 1. 1, 8.1, 25.1) Newport Beach General Plan Land Use Element Bonita Canyon, Balboa Island, Cannery Village, and Newport Center residential neighborhoods LU 2.4 Economic Development Accommodate uses that maintain or enhance Newport Beach's fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1. 1, 24.1) Fashion Island Neighborhood Commercial Newport Beach General Plan Land Use Element Balboa Village Koll Center LU 2.5 Harbor and Waterfront Uses Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of Newport Beach and provide needed support for recreational and commercial boaters, visitors, and residents, with appropriate regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1. 1, 2.5, 5. 1, 21.4, 24.1) LU 2.6 Visitor Serving Uses Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents. (Imp 1. 1, 2.1, 5.1, 24.1) LU 2.7 Oil and Gas Facilities Prohibit the construction of new onshore oil processing, refining, or transportation facilities, including facilities designed to transport oil from offshore tracts, with the exceptions of slant drilling from onshore oil fields or for the consolidation and more efficient production of wells should Banning Ranch be annexed to the City. (Imp 2.1, 5.1) LU 2.8 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). (Imp 1. 1, 10.2, 11.1) Organization and Form of Uses ("How Are Land Uses Distributed?") LU 3 A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. Newport Beach General Plan Land Use Element Policies LU 3.1 Neighborhoods, Districts, Corridors, and Open Spaces Maintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. (Imp 1.1) LU 3.2 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. 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, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. (Imp 1.1, 2.1, 5.1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22.1, 23.1, 23.2) LU 3.3 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: West Newport: consolidation of retail and visitor -serving commercial uses, with remaining areas developed for residential units West Newport Mesa: re -use of underperforming commercial and industrial properties for offices and other uses that support Hoag Hospital's medical activities, improvement of remaining industrial properties adjoining the City of Costa Mesa, accommodation of nonwater marine -related industries, and development of residential in proximity to jobs and services Santa Ana Heights: use of properties consistent with the adopted Specific Plan and Redevelopment Plan John Wayne Airport Area: re -use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services Fashion Island/Newport Center: expanded retail uses and hotel rooms and development of residential in proximity to jobs and services, while limiting increases in office development Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula's visitor -serving and mixed uses within the core commercial districts; encourage marine -related uses especially along the bay front; integrate residential with retail and visitor -serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for residential and limited mixed-use and live/work buildings; and redevelop underperforming properties outside of the core commercial Newport Beach General Plan Land Use Element districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts Mariners' Mile: re -use of underperforming properties for retail, visitor -serving, and marine -related uses, integrated with residential Corona del Mar: enhancement of public improvements and parking (Imp 1. 1, 2. 1, 5.1) LU 3.4 Banning Ranch Prioritize the acquisition of Banning Ranch as an open space amenity for the community and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired within a time period and pursuant to terms agreed to by the City and property owner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 6.3.1 through 6.5.5. (Imp 1.1, 2.1, 5.1, 14.7, 14.11) LU 3.5 Coastal -Dependent and Related Businesses Design and site new development to avoid impacts to existing coastal -dependent and coastal -related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal -dependent and coastal - related land uses, including not only the proposed change on the subject property, but also the potential to limit existing coastal -dependent and coastal -related land uses on adjacent properties. (Imp 2.1, 5.1, 7.1) LU 3.6 Waterfront Access Use public beaches for public recreational uses and prohibit uses on beaches that interfere with public access and enjoyment of coastal resources. Encourage the expansion and improvement of access to the waterfront and water -related uses that provide important links to waterfront uses such as beaches, launching facilities, public docks, and other similar public water area uses. (Imp 1. 1, 5.1) LU 3.7 Natural Resource or Hazardous Areas Require that new development is located and designed to protect areas with high natural resource value and protect residents and visitors from threats to life or property. (Imp 2.1, 6.1) LU 3.8 Project Entitlement Review with Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. (Imp 14.3) Newport Beach General Plan Land Use Element Goal LU 4 Management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with supporting infrastructure and public services and sustain Newport Beach's natural setting. Policies LU 4.1 Land Use Diagram Accommodate land use development consistent with the Land Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities/intensities to be permitted. The permitted densities/intensities or amount of development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU2 (Anomaly Locations). The density/intensity ranges are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development, the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4 through Figure LU15 b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted uses and permitted density or intensity or amount of development for the land use classification. Where densities/intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density/intensity. c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits. d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. (Imp 2.1, 5.1, 10.2) Newport Beach General Plan Land Use Element Newport Beach General Plan Land Use Category Uses Density/ Intensity RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential The RS -D category applies to a range of detached single- Not applicable Detached—RS-D family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Single Unit Residential The RS -A category applies to a range of attached single- Not applicable Attached—RS-A family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. TWO UNIT The RT category applies to a range of two family Not applicable RESIDENTIAL—RT residential dwelling units such as duplexes and townhomes. MULTIPLE RESIDENTIAL Multiple Residential—RM The RM designation is intended to provide primarily for Units per acre or cumulative multi -family residential development containing attached amount of development as or detached dwelling units. specified on the Land Use Figures Multiple Residential The RM -D designation is intended to provide primarily for Units per acre or cumulative Detached—RM-D multi -family residential development exclusively containing amount of development as detached dwelling units. specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD The CN designation is intended to provide for a limited Floor area to land area ratio or COMMERCIAL—CN range of retail and service uses developed in one or more cumulative development distinct centers oriented to primarily serve the needs of indicated on Land Use Plan. and maintain compatibility with residential uses in the immediate area. CORRIDOR The CC designation is intended to provide a range of Floor to land area ratio or COMMERCIAL—CC neighborhood -serving retail and service uses along street cumulative development frontages that are located and designed to foster indicated on Land Use Plan. pedestrian activity. GENERAL COMMERCIAL— The CG designation is intended to provide for a wide Floor area to land area ratio or CG variety of commercial activities oriented primarily to serve cumulative development citywide or regional needs. indicated on Land Use Plan. RECREATIONAL AND The CM designation is intended to provide for commercial Floor area to land area ratio or MARINE COMMERCIAL— development on or near the bay in a manner that will cumulative development CM encourage the continuation of coastal -dependent and indicated on Land Use Plan. coastal -related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor -serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. VISITOR SERVING The CV designation is intended to provide for Floor area to land area ratio or COMMERCIAL—CV accommodations, goods, and services intended to cumulative development primarily serve visitors to the City of Newport Beach. indicated on Land Use Plan. Newport Beach General Plan Land Use Element Table • •UsePlan Categories Land Use Category Uses Density/ Intensify VISITOR SERVING The CV -LV category is intended to allow for a range of As specified by Table LU2 COMMERCIAL - LIDO accommodations (e.g. hotels, motels, hostels), goods, and VILLAGE—CV-LV services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed REGIONAL The CR designation is intended to provide retail, As specified by Table LU2 COMMERCIAL—CR entertainment, service, and supporting uses that serve local and regional residents. Typically, these are integrated into a multi -tenant development that contains one or more "anchor" uses to attract customers. Automobile sales, repair, and service facilities, professional offices, single -destination, and other highway -oriented uses are not permitted. COMMERCIAL OFFICE DISTRICTS GENERAL COMMERCIAL The CO -G designation is intended to provide for Floor area to land area ratio or OFFICE—CO-G administrative, professional, and medical offices with cumulative development limited accessory retail and service uses. Hotels, motels, indicated on Land Use Plan. and convalescent hospitals are not permitted. Land Use Plan. MEDICAL COMMERCIAL The CO -M designation is intended to provide primarily for Floor area to land area ratio of OFFICE—CO-M medical -related offices, other professional offices, retail, 0.75, except as specified on the AIRPORT OFFICE AND short-term convalescent and long-term care facilities, Land Use Plan. SUPPORTING USES—AO research labs, and similar uses. 0.5, except for warehousing REGIONAL COMMERCIAL The CO -R designation is intended to provide for As specified by Table LU2 OFFICE—CO-R administrative and professional offices that serve local floor area to land ratio of 0.75. and regional markets, with limited accessory retail, financial, service, and entertainment uses. Newport Beach General Plan INDUSTRIAL DISTRICTS GENERAL INDUSTRIAL—IG The IG designation is intended to provide for a wide range Floor area to land area ratio of of moderate to low intensity industrial uses, such as light 0.75, except as specified on the manufacturing and research and development, and limited Land Use Plan. ancillary commercial and office uses. AIRPORT SUPPORTING DISTRICTS AIRPORT OFFICE AND The AO designation is intended to provide for the Floor area to land area ratio of SUPPORTING USES—AO development of properties adjoining the John Wayne 0.5, except for warehousing Airport for uses that support or benefit from airport which may be developed at a operations. These may include professional offices, floor area to land ratio of 0.75. aviation retail, automobile rental, sales, and service, hotels, and ancillary retail, restaurant, and service uses. MIXED-USE DISTRICTS MIXED USE VERTICAL— The MU -V designation is intended to provide for the Mixed -Use buildings: floor area MU -V development of properties for mixed-use structures that to land ratio of 1.5; where a vertically integrate housing with retail uses including minimum floor area to land ratio retail, office, restaurant, and similar nonresidential uses. of 0.35 and maximum of 0.5 For mixed-use structures, commercial uses characterized shall be used for nonresidential by noise, vibration, odors, or other activities that would purposes and a maximum of 1.0 adversely impact on-site residential units are prohibited. for residential. Sites may also be developed exclusively for retail or office Nonresidential buildings: floor uses in accordance with the CN, CC, CG, or CO -G area to land area ratio of 0.75. designations. Newport Beach General Plan Land Use Element Table L1.11 Land Use Plan Categories Land Use Category Uses Density/ Intensify MIXED-USE HORIZONTAL— The MU -H designation is intended to provide for the development of areas for a horizontally MU -H distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi -family residential, visitor -serving and marine -related uses, and/or buildings that vertically integrate residential with commercial uses. Mixed -Use Horizontal 1— The MU -H1 designation provides for a horizontal Commercial or Office only: MU -H1 intermixing of uses. floor area to land ratio of 0.5. For properties located on the inland side of Coast Multi -Family Residential only: Highway in the Mariners' Mile Corridor, (a) the Coast 20.1-26.7 units per acre. Highway frontages shall be developed for marine -related Mixed -Use Buildings: floor area and highway -oriented general commercial uses in to land ratio of 1.5; where a accordance with CM and CG designations; and minimum floor area to land ratio (b) portions of properties to the rear of the commercial of 0.25 and maximum of 0.5 frontage may be developed for free-standing shall be used for nonresidential neighborhood -serving retail, multi -family residential units, purposes and a maximum of 1.0 or mixed-use buildings that integrate residential with retail for residential. uses on the ground floor in accordance with the CN, RM , Hotel: 65 rooms in addition to CV, or MU -V designations respectively. those specified in Table LU2 Properties located in the Dover Drive[Westcliff Drive Other: Nonresidential: As area may also be developed for professional offices or specified by Table LU2 mixed-use buildings that integrate residential with retail or office uses on the ground floor in accordance with the CO and MU -V designations respectively. Mixed -Use Horizontal 2— The MU -H2 designation applies to properties located in Residential: maximum of 2,200 MU -H2 the Airport Area. It provides for a horizontal intermixing of units as replacement of existing uses that may include regional commercial office, multi- office, retail, and/or industrial family residential, vertical mixed-use buildings, industrial, uses at a maximum density of 50 hotel rooms, and ancillary neighborhood commercial uses. units per adjusted gross acre, of which a maximum of 550 units may be developed as infill. Nonresidential Uses: as defined by Table LU2 Mixed -Use Horizontal 3— The MU -H3 designation applies to properties located in Residential: maximum of 450 MU -H3 Newport Center. It provides for the horizontal intermixing units of regional commercial office, hotel, multi -family Hotel: 65 rooms in addition to residential and ancillary commercial uses. Within the those specified in Table LU2 Tennis Club, residential uses may be developed as single- Other: Nonresidential: As family units. specified by Table LU2 Newport Beach General Plan Land Use Element Table LUI Land Use Plan Categories Mixed -Use Water 1— The MU -W1 designation is applied to waterfront locations Land Use Category Uses Density/ Intensity Mixed -Use Horizontal 4— The MU -H4 designation applies to properties where it is Mixed -Use Buildings: floor area MU -H4 the intent to establish the character of a distinct and to land area ratio of 1.5, where a cohesively developed district or neighborhood containing minimum floor area to land area multi -family residential with clusters of mixed-use and/or ratio of 0.25 and maximum 0.5 commercial buildings in such locations as the interior shall be used for retail uses and parcels of Cannery Village and 151h Street on Balboa maximum of 1.0 for residential. Peninsula. Permitted uses include (a) Multi -Family Commercial only: floor area to Residential, (b) General or Neighborhood Commercial, land area ratio of 0.5. and/or (c) Mixed -Use structures, where the ground floor Multi -Family Residential only: shall be restricted to nonresidential uses along the street 20.1-26.7 units per net acre. frontage such as retail sales and restaurants and the rear ensure that the uses are fully integrated and impacts from and upper floors used for residential including seniors their differing functions and activities are fully mitigated. units and overnight accommodations (comparable to MU -V). Mixed-use or commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels. MIXED-USE WATER The MU -W designation is intended to provide for commercial development on or near the bay RELATED—MU-W in a manner that will encourage the continuation of coastal -dependent and coastal -related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential. Mixed -Use Water 1— The MU -W1 designation is applied to waterfront locations Mixed -Use Buildings: floor area MU -W1 along the Mariners' Mile Corridor in which marine- to land ratio of 1.25; where a related, visitor -serving, commercial and residential uses minimum floor area to land ratio are intermixed with buildings that provide residential uses of 0.35 and maximum of 0.5 above the ground floor. Permitted uses include those shall be used for nonresidential permitted by the CM, CV, Multi -Family Residential (MFR), purposes and the number of and Vertical Mixed -Use (MU -V) designations. A minimum residential units shall not exceed of 50% of the permitted square footage shall be used for the cumulative total for Multi - the CM or CV land uses. No more than 50% of the Family Residential specified waterfront area between the Arches Bridge and the Boy below. Scout Sea Base may be developed with mixed-use Commercial only: floor area to structures. A master or specific plan shall be required to land area ratio of 0.5. ensure that the uses are fully integrated and impacts from Multi -Family Residential only: their differing functions and activities are fully mitigated. 12 units per acre, with the number of units calculated based on a maximum of 50% of the property. Newport Beach General Plan Land Use Element CategoriesTable LUI Land Use Plan Land Use Category Uses Density/ Intensity Mixed -Use Water 2— The MU -W2 designation is applied to waterfront locations Mixed -Use Buildings: floor area MU -W2 in which marine -related uses may be intermixed with to land ratio of 1.25; where a buildings that provide residential on the upper floors. minimum floor area to land ratio Permitted uses include those permitted by the CM, CV, of 0.35 and maximum of 0.5 and MU -V designations. Free-standing residential shall shall be used for nonresidential not be permitted. purposes and maximum of 0.75 for residential. In Lido Marina Village, the maximum floor area to land ratio shall be 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.7 shall be used for nonresidential purposes and a maximum of 0.8 for residential. Nonresidential buildings: floor area to land area ratio of 0.5. PUBLIC, SEMI-PUBLIC, AND INSTITUTIONAL PUBLIC FACILITIES—PF The PF designation is intended to provide public facilities, Not applicable. including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. PRIVATE INSTITUTIONS— The PI designation is intended to provide for privately Floor to land area ratio or PI owned facilities that serve the public, including places for cumulative development religious assembly, private schools, health care, cultural indicated on Land Use Plan. institutions, museums, yacht clubs, congregate homes, residential units, 75,000 sf of and comparable facilities. retail commercial, and 75 hotel OPEN SPACE—OS The OS designation is intended to provide areas for a Open spaces may include range of public and private uses to protect, maintain, and incidental buildings, such as enhance the community's natural resources. maintenance equipment and residential, with supporting schools, parks, community supply storage, which are not services, local -serving convenience commercial uses and traditionally included in services, and open spaces. A master or specific plan is determining intensity limits. OPEN SPACE/ The OS(RV) designation is intended for the preservation Priority: Open spaces, habitat RESIDENTIAL VILLAGE— of Banning Ranch as open space, restoration of wetlands restoration, and parks. OS(RV) and other habitats, development of a community park, and Alternative: Maximum of 1,375 consolidation of oil extraction and processing facilities. residential units, 75,000 sf of Should the property not be acquired, the designation retail commercial, and 75 hotel permits the development of a planned residential rooms. community that integrates a mix of single-family detached, single-family attached, two family, and/or multi -family residential, with supporting schools, parks, community services, local -serving convenience commercial uses and services, and open spaces. A master or specific plan is required to depict the uses, street and infrastructure improvements, open spaces, development standards, design guidelines, and financial plan. Newport Beach General Plan Land Use Element Table LU1 Land Use Plan Categories �11 Land Use Category Uses Density/ Intensity PARKS AND The PR designation applies to land used or proposed for Not applicable for public uses. RECREATION—PR active public or private recreational use. Permitted uses Private uses in this category may include parks (both active and passive), golf courses, include incidental buildings, such marina support facilities, aquatic facilities, tennis clubs as maintenance equipment and courts, private recreation, and similar facilities. sheds, supply storage, and restrooms, not included in determining intensity limits. For golf courses, these uses may also include support facilities for grounds maintenance employees. Other types of buildings and developments are limited as specified in Table LU2. TIDELANDS AND The TS designation is intended to address the use, Not applicable. SUBMERGED LANDS—TS management, and protection of tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately adjacent to the City of Newport Beach. The designation is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed. Calculation of floor area shall not include parking structures. Newport Beach General Plan Land Use Element . - Table LL12 Anoma Anomaty Number Anomaly Locations NOME= Statistical Land Use Area Desi nation Development Limit (so Development Limit Other Additional Information 1 L4 MU -H2 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -H2 1,052,880 2.1 L4 MU -H2 18,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO -G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -H2 46,044 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 457,880 13 L4 CO -G 288,264 14 L4 CO-G/MU-H2 860,884 15 L4 MU -H2 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO -G 687,000 Office: 660,000 sf; Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 COG 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO -R 484,348 35 L1 CO -R 199,095 36 L1 CO -R 227,797 Newport Beach General Plan Land Use Element Table 1.1.12 Anomaly Number Anomaly Locations Statistical Land Use Area Designation Development Limit (so Development Limit Other Additional Information 37 L1 CO -R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO -M 443,627 39 L1 MU -H3 408,084 40 L1 MU -H3 1,426,634 425 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats (not included in total square footage) 45 L1 CO -G 162,364 46 L1 MU-H3/PR 3,725 24 Tennis Courts Residential permitted in accordance with MU -H3. 47 L1 CG 105,000 48 L1 MU -H3 337,261 49 L1 PI 21,576 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 A CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 247,402 144 Dwelling Units (included in total square footage) 60 N CV *3,035,000 2,150 Hotel Rooms (2,960,000 square feet for hotel rooms and related commercial uses identified in Newport Coast LCP) 75,000 square feet for Day Use Commercial Newport Coast LCP Planning Area 13 *Correction per Planning Commission Resolution 2030 adopted October 6, 2016 61 N CV 125,000 Newport Coast LCP Planning Areas 3B and 14 62 L2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) Newport Beach General Plan Land Use Element Table LL12 Anomaly Locations Anomaly Statistical Land Use Development Number Area Designation Limit (so Development Limit Other Additional Information 71 L1 CO -G 11,630 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 56,000 City Hall, and the administrative offices 75 L1 PF of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter, 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design 77 H4 CV 240,000 157 Hotel Rooms (included in total square footage) 78 B5 CM 139,840 Development limit of 19,905 sq.ft. 79 H4 CG 0.3/0.5 permitted, provided all six legal lots are consolidated into one parcel to provide unified site design Nonresidential For mixed-use development, 80 K1 MU -W2 Development: 49 Residential Units residential floor area shall not exceed a 131,290 1:1 ratio to nonresidential floor area 81 K1 RM 296 Residential Units 82 Reserved 83 Reserved 84 Reserved Accessory commercial floor area is allowed in conjunction with a 85 B5 CV LV 98,725 sf hotel hotel and it is included within the hotel development limit. Municipal facilities are not restricted or included in any development limit. LU 4.2 Prohibition of New Residential Subdivisions Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re -subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. (Imp 6.1) LU 4.3 Transfer of Development Rights Permit the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density/intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, M Newport Beach General Plan Land Use Element public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and/or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. d. Transfer of Development Rights in Newport Center is governed by Policy 6.14.3 (Imp 2.1, 5.1, 10.2) Newport Beach General Plan Land Use Element Figure LU1 General Plan Overview Map 11x17 color Newport Beach General Plan Overview Map Only See Figures LU2 through LU 15 0 0.5 1 Miles I i i i I LU1 GP Overview.mxd 05/26/2016 CITY of NEWPORT BEACH GENERAL PLAN Figure LU1 GENERAL PLAN OVERVIEW MAP Residential Neighborhoods RS -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential Multiple Unit Residential Multiple -Unit Residential Detached Multiple -Unit Residential / Open Space Commercial Districts and Corridors CN Neighborhood Commercial ccCorridor Commercial ® General Commercial ® Visitor Serving Commercial ® Visitor Serving Commercial Lido Village Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts General Commercial Office �`'" Medical Commercial Office rz� Regional Commercial Office Industrial Districts is Industrial Airport Supporting Districts T,Ao Airport Office and Supporting Uses Mixed -Use Districts Mu -v?, Mixed Use Vertical MU -H'; Mixed Ude Horizontal ,,,mu -,w, Mixed�`Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space 'OS(RV) Open Space / Residential Village (Residential uses, if not acquired as permanent open space) TS - Tidelands and Submerged Lands �"••�+ City of Newport Beach Boundary Statistical Area Boundary °` AA _E4 P._ Figure LU2 Index Map 11x17 color Land Use Element Newport Beach General Plan' ;:°b? r � v 0 0.5 1 Miles I i i i I LU2_Locator_Map.mxd 05/26/2016 ITY of NEWPORT BEACH GENERAL PLAN Figure LU2 INDEX MAP Residential Neighborhoods RS -D Single -Unit Residential Detached ..................... Rs -A', Single -Unit Residential Attached RT Two -Unit Residential ® Multiple Unit Residential ® Multiple -Unit Residential Detached Multiple -Unit Residential / Open Space Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial ® General Commercial ® Visitor Serving Commercial ® Visitor Serving Commercial Lido Village Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts General Commercial Office s < Medical Commercial Office Regional Commercial Office Industrial Districts iG`;.a Industrial Airport Supporting Districts ,a Airport Office and Supporting Uses Mixed -Use Districts MU -Y., Mixed Use Vertical kU-HMixed Use'Horizontal Mu -w! Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space os(Rv) Open Space / Residential Village (Residential uses, if not acquired as permanent open space) TS Tidelands and Submerged Lands �••,.• City of Newport Beach Boundary Statistical Area Boundary Land Use Element BLANK Newport Beach General Plan Figure LU3 Statistical Area Map 11x17 color Land Use Element Newport Beach General Plan ITY of NEWPORT BEAC GENERAL PLAN Figure LU3 STATISTICAL AREA MAP 4w+ 0, City of Newport Beach 4% Boundary 0'%.0 Statistical Area Boundary LU3—Statistical_Area_Map.mxd March 19, 2013 Land Use Element BLANK Newport Beach General Plan Figure LU4 Statistical Area D3, D4, E1 -E3 11x17 color Land Use Element Newport Beach General Plan l` \S NIX / A. Kte ,UP ¢"'` PGP• / � t 3 '� � (-"`� < _ I i � �`\ EO �� \. z 1 P p eE% ." I BOA AN ENUE_, BALBOA; I AVENUE �0: '�' ,BAL `�.,;Q 4 �y M4eP,,oZ PARK AV AVEM1 JE ;. F,. t �Ir— �� PAI AVENUE`1 Q t Ev � _j Q ° R_ Q- o z I P2 ��v' �e TT MU-Wa L' t.. �SI'� �t� I F (^I AVENUE l„.. 2 j`�h;,. du r� .n voNT sou.Fi E wF cI1 w 4 FR., T �_ _IxtBALBOA RT ! OCEAN 3 �� U T y Ov'4,,. 9 Flo 31QF EA" 361ac &,14 s°A a 2��,..� 24 du 0 5 ° 0 , ~. - +yam BE ES GGS - ."-.,. ( �..Ma o�EA . r ! ✓ ._ „ . t l r l ��w?7T� .-.-_ -H..-......,,..... ... v t�---rrn'�'1^� r f"i�a�(� I *California Coastal Commission Approval 2013-34 GP201 1-009 PA201 1-196 04/09/2013 Change RT to MU -V for property located (I 1/15/2013*) at 514 Ocean Front E. 2010-107 GP2010-007 PA2010-052 09/14/2010 Change PI 1.0 to CV 1.0 for property located at 600 E. Bay Avenue; Change MU -V to CV 0.5 for properties located at 105 Main Street and 707 E. Ocean Front 2010-50 GP2009-001 PA2009-067 05/25/2010 Change PR to RS -D, for property located at 2000-2016 East Balboa Boulevard 0 500 1,000 Feet I 1 I I I LU4 Balboa.mxd 11/15/2013 CITY of NEWPORT BEAC GENERAL PLAN Figure LU4 STATISTICAL AREA D3, D4, El -E3 Residential Neighborhoods Rs D^ Single -Unit Residential Detached r Rs a Single -Unit Residential Attached RT Two -Unit Residential ® Multiple Unit Residential Multiple -Unit Residential Detached Commercial Districts and Corridors _CN Neighborhood Commercial cc Corridor Commercial ® General Commercial Visitor Serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts co -(3 General Commercial Office co -m Medical Commercial Office CO -R Regional Commercial Office Industrial Districts :Y is Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts mu -v Mixed Use Vertical mu-HMixed Use Horizontal mu -w Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation dos Open Space Ts Tidelands and Submerged Lands ##44ttf City of Newport Beach Boundary Statistical Area Boundary Land Use Delineator Line • Refer to anomaly table fn � s Land Use Element BLANK Newport Beach General Plan Figure 1.1.15 Statistical Area C1, C2, D1, D2 11 X 17 color Land Use Element Newport Beach General Plan SHIPYARD WAY , BLVD W FRDNT OA \,\ �_ HIGHWAY WEST WEST "�` '•\ - mea /e 9 ' 1. s 2^. 6, RM 36 lac AVE EW 20 BAL BOA BLV p� D.V1) 1 0( WEST ' � tj{qp� Bq�B� a PF ....�1'fldJrj q *Coastal Commision Approval 2013-26 (re -adopted) GP201 1-004 PA201 1-061 03/1212013 Change RT to MU -1-14 for the property 2011-85 08/09/2011 located at 105 15th Street (I 1/ 15/2012)* 2010-106 GP2010-006 PA2010-052 09/14/2010 Change RT to MU -V for the properties located at 500-514 W. Balboa Boulevard 0 500 1,000 Feet 1 1 1 1 I -U5 Lido.mxd 03/12/2013 VOW„' ``g4 0 t w 0 NEST �� Jge� rc k� MU=�F VVFs / l j Tr? i _, BALgoA RAMP ACCESS �' CITY of NEWPORT BEACH GENERAL PLAN Figure LU5 STATISTICAL AREAS C1, C2, D1, D2 Residential Neighborhoods RS-DSingle-Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential RM Multiple Unit Residential Multiple -Unit Residential Detached Commercial Districts and Corridors CN - Neighborhood Commercial cc Corridor Commercial General Commercial ® Visitor Serving Commercial Recreational and Marine Commercial Regional Commercial Commercial Office Districts co -o General Commercial Office co -M Medical Commercial Office CO -R Regional Commercial Office Industrial Districts a Industrial Airport Supporting Districts 7 Airport Office and Supporting Uses Mixed -Use Districts Mu v, Mixed Use Vertical Mu H. Mixed Use Horizontal Mu -w'. Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os :Open Space Ts Tidelands and Submerged Lands City of Newport Beach Boundary Statistical Area ``--' Boundary Land Use Delineator Line Refer to anomaly table ¢ k 4 Land Use Element BLANK Newport Beach General Plan Figure LU6 Statistical Area B3, B4, 135 11 X 17 color Land Use Element Newport Beach General Plan i p V �N ' CLIFF DR FF, �2F ss' \ _� ---ti_ COq y w t - _sTH W 1 - n ,.10 111A dl VIA< F, y IJ s o °aJ32ND s ¢" 31 T \ rj '� ��•c V s��e� 2 x` f, t (Q' S 28 STR o �ti9�� �4A jH STREP g AdoptingCC Resolution No. GPA No. Project No. Date Description *California Coastal Commission Approval F2016-29 GP2012-002 PA2012-031 02/09/2016 Change PF to newly established designation of CV -LV and I (03/10/2016*) establishment of Anomaly 85 for the property located at �> 3300 Newport Boulevard and 475 32nd Steet. s 2013-77 GP2012-005 PA2012-146 11/12/2013 Change PI 0.75 FAR to RM 20 du/ac for the property (03/12/2014*) located at 3303 Via Lido ti°� ✓ G � � 5 $ 5t 2010-105 GP201 1-010 PA201 1-209 03/27/2012 Change RT to CV 0.5 FAR or the property I (I 1/ 15/2013*) located at 200 30th Street CV 0'.15 W U 2013-26 (re -adopted) GP201 1-003 PA201 1-024 03/12/2013 Change RM 20 du/ac to MU -V for the property ✓ , 201 1-79 06/28/201 1 located at 3363 Via Lido. (1 1/ 15/2012)* 1 2010-105 GP2010-005 PA2010-052 09/14/2010 Change MU -W2 to CV 0.5 for the properties r/ located at 2102 W. Ocean Front and 2306 W. Ocean Front; Change Lido Peninsula to RM and CM, establishing Anomaly 78% caw and CM 0.5 from MU -W3 ✓ Change RM 20 du/ac to MU -W2 for the property located at 3366 Via Lido. 0 500 1,000 Feet I i I I I LU6_Cannery.mxd 03/10/2016 Me BLVD a Y LN, CITY of NEWPORT BEACH GENERAL PLAN Figure LU6 STATISTICAL AREA B3, B4, B5 Residential Neighborhoods __ Rs -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential Multiple Unit Residential Multiple -Unit Residential Detached Commercial Districts and Corridors CN ! Neighborhood Commercial cc Corridor Commercial General Commercial ® Visitor Serving Commercial Visitor Serving Commercial Lido Village Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts 1 General Commercial Office a Medical Commercial Office Regional Commercial Office Industrial Districts Io Industrial Airport Supporting Districts Airport Office and pp p Supporting Uses Mixed -Use Districts mu -v Mixed Use Vertical MU -H Mixed Use Horizontal mu -w Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space TS; Tidelands and Submerged Lands City of Newport Beach Boundary Statistical Area Boundary Land Use Delineator Line • Refer to anomaly table _EIP Land Use Element BLANK Newport Beach General Plan Figure LU7 Statistical Area B1, B2 11 X 17 color Land Use Element Newport Beach General Plan 2013-26 (re -adopted) GP201 1-002 2011-41 GP2010-013 G P2010-012 2010-103 G P2010-001 sT g9` OM CT 5� s `` Coastal Commission Approval* PA201 1-014 03/12/2013 Change RT to MU -V for the property located 6904 PA2010-190 05/10/2011 West Coast Highway(PA201 1-014) PA2010-182 (I 1/15/2012)* Change RT to CG 0.5 for the property located 648 West Coast Highway(PA2010-190) Change RT to MU -V for the property located 690E 6936 West Coast Highway(PA2010-182) PA2010-052 09/14/2010 Change RT to CV 0.5 for properties located at 6306, 6308 & 6310 W. Coast Highway 0 500 1,000 Feet I i 1 1 I LU7_Newport_Shores.mxd 03/12/2013 -r. "`�,.. hryZO y5 FST J ,✓ O�i`�. ,; ��./' 9 CITY of NEWPORT BEACH GENERAL PLAN Figure LU7 STATISTICAL AREAS 131, B2 ........_.._... Rs -D Single -Unit Residential Detached RS -A L Single -Unit Residential Attached RT Two -Unit Residential ® Multiple -Unit Residential Multiple -Unit Residential Detached Multiple -Unit Residential /Open Space Commercial Districts and Corridors cN' , Neighborhood Commerqial cc Corridor Commercial ® General Commercial ® Visitor Serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts General Commercial Office Medical Commercial Office W Regional Commercial Office Industrial Districts 10 � Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts %nu -v Mixed Use Vertical Mixed Use Horizontal mu w` Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space Ts Tidelands and Submerged Lands City of Newport Beach Boundary -� Statistical Area W ` Boundary Land Use Delineator Line • Refer to anomaly table F, k 9 EIP Land Use Element BLANK Newport Beach General Plan Figurel.1.18 Statistical Area Al -A3 11 X 17 color Land Use Element Newport Beach General Plan 2008-28 GP2007-005 PA2007-073 04/16/2008 Eliminate Anomaly Number 57 and to combine the Hoag Upper and Lower Campuses under Anomaly Number 56. 2011-91 GP2011-005 PA2011-082 09/13/2011 Change Land Use Designation from Multi -Unit Residential to General Industrial (IG -0.50) for the property located at 1537 Monrovia Avenue 2011-92 GP2011-006 PA2011-105 09/13/2011 Change Land Use Designation from Multi -Unit Residential to General Industrial (IG -0.50) for the property located at 1539 Monrovia Avenue 2012-16 GP2011-007 PA2011-138 02/14/2012 Change Land Use Designation from Multi -Unit Residential to Medical Commercial Office (CO -M 0.49) for the property located at 1419 Superior Avenue �ySN .-F Roo \ e 18 /ac 1 ry \ t ( 1, ry t 6 jjj t s ) f f zj? jl SEASHORE 0 500 1,000 Feet LU8_West_NP_Mesa.mxd February/2012 M r 0 3 I IV, f ,a - CITY of NEWPORT BEACH I GENERAL PLAN Figure LU8 STATISTICAL AREAS Al -A3 Residential Neighborhoods RS -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential ® Multiple -Unit Residential ® Multiple -Unit Residential Detached Commercial Districts and Corridors CN : Neighborhood Commercial cc Corridor Commercial ® General Commercial ® Visitor Serving Commercial Recreational and Marine Commercial SRegional Commercial Commercial Office Districts General Commercial Office Medical Commercial Office Regional Commercial Office Industrial Districts ao Industrial Airport Supporting Districts Ap Airport Office and Supporting Uses Mixed -Use Districts r Mu v` Mixed Use Vertical Mu -H Mixed Use Horizontal Mu -w Mixed Use Water Related Public, Semi -Public and Institutional PF : Public Facilities ® Private Institutions Parks and Recreation os Open Space f os{Rv Open Space / Residential Village (Residential uses, if not acquired as permanent open space) Ts Tidelands and Submerged Lands 409#4*4, City of Newport Beach Boundary —�� Statistical Area Boundary Al 1 , Land Use Delineator Line • Refer to anomaly table a = 4P Land Use Element BLANK Newport Beach General Plan Figure LU9 Statistical Area H1 - H4 11 X 17 color Land Use Element Newport Beach General Plan J ra 2013-34 2010-21 2010-104 2011-86 0. uo�v r rMV, C/R R 03 LU9_NP_Heights.mxd 11/15/2013 c 0 225 450 900 Feet I , 1 I I I I I I CITY of NEWPORT BEACH GENERAL PLAN Figure LU9 STATISTICAL AREAS H1 - H4 Residential Neighborhoods Rs -DI. Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT : Two -Unit Residential ® Multiple -Unit Residential - Multiple -Unit Residential Detached Commercial Districts and Corridors cru Neighborhood Commercial cc Corridor Commercial ® General Commercial Visitor Serving Commercial ® Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts 0 General Commercial Office Medical Commercial Office Regional Commercial Office Industrial Districts ra Industrial Airport Supporting Districts o Airport Office and Supporting Uses 11 Mixed -Use Districts Mu v, Mixed Use Vertical Mixed Use Horizontal Mu w Mixed Use Water Related Public, Semi -Public and Institutional PF ' Public Facilities Private Institutions Parks and Recreation os ` Open Space TS t Tidelands and Submerged Lands .yrc#¢ City of Newport Beach Boundary j-� Statistical Area 1_1 11 `•- Boundary 9 Land Use Delineator Line • Refer to anomaly table E kp 4 E.I.g_ *California Coastal Commission Approval " V GP201 1-008 PA201 1-179 04/09/2013 Changed RM to MU -W2, I DU for the property located at 289 (I 1/15/2013*) Bay Shore Drive and change RM 20 DU/AC to RM 39 DU for the property located at 2888 Bay Shore Drive GP2008-001 PA2008-047 03/09/2010 Established Anomaly Number 76 - 1.0 FAR permitted, provided all four legal lots are consolidated into one parcel to provide unified site design. GP2010-004 PA2010-052 09/04/2010 Changed MU -HI to CV 0.5 for property located at 2300 W. Coast Highway; Modified Anomaly 59 MU -W to designate the residential portion of the Balboa Bay Club; and changed to CV from MU -W I and Established Anomaly 77 to designate the resort portion of the Balboa Bay Club. GP2010-009 PA2010-1 14 08/09/2011 Established Anomaly Number 79 - to increase the allowable FAR for the project site from 0.5 FAR to 0.68 FAR. / LU9_NP_Heights.mxd 11/15/2013 c 0 225 450 900 Feet I , 1 I I I I I I CITY of NEWPORT BEACH GENERAL PLAN Figure LU9 STATISTICAL AREAS H1 - H4 Residential Neighborhoods Rs -DI. Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT : Two -Unit Residential ® Multiple -Unit Residential - Multiple -Unit Residential Detached Commercial Districts and Corridors cru Neighborhood Commercial cc Corridor Commercial ® General Commercial Visitor Serving Commercial ® Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts 0 General Commercial Office Medical Commercial Office Regional Commercial Office Industrial Districts ra Industrial Airport Supporting Districts o Airport Office and Supporting Uses 11 Mixed -Use Districts Mu v, Mixed Use Vertical Mixed Use Horizontal Mu w Mixed Use Water Related Public, Semi -Public and Institutional PF ' Public Facilities Private Institutions Parks and Recreation os ` Open Space TS t Tidelands and Submerged Lands .yrc#¢ City of Newport Beach Boundary j-� Statistical Area 1_1 11 `•- Boundary 9 Land Use Delineator Line • Refer to anomaly table E kp 4 E.I.g_ Land Use Element BLANK Newport Beach General Plan Figure LU 10 Statistical Area G1, J1 - J5, K1, K2 11 X 17 color Land Use Element Newport Beach General Plan 1 k 4,, sy 0 /e_ ] an „rmPP NBcy S M ^ i S Ji PF 2016-45 2012-110 �10ry4�b dy1b a12 N�,, b G P201 1 -01 1 PA201 1-216 04/12/2016 GP2010-001 PA2012-034 11/27/2012 LU 10_Back_Bay.mxd 05/26/2016 Changing portions of the Planned Community known as I Bay Landing from Recreational and Mariner Commercial (CM 5.0) to Mixed -Use Horizontal (MU -W2) and establishing Anomaly Number 80 and 81. Establish land use designations for the Emerson Island Annexation - effective date: 03/19/2013 ANN bNb f; J by 2f31H3� �7/b / 1 95 L 1 M >'N 1s3N\ ta; � b �� Ae z µt a e`'y`aU a m 'wrn l\ r / 8 1 k 4,, sy 0 /e_ ] an „rmPP NBcy S M ^ i S Ji PF 2016-45 2012-110 �10ry4�b dy1b a12 N�,, b G P201 1 -01 1 PA201 1-216 04/12/2016 GP2010-001 PA2012-034 11/27/2012 LU 10_Back_Bay.mxd 05/26/2016 Changing portions of the Planned Community known as I Bay Landing from Recreational and Mariner Commercial (CM 5.0) to Mixed -Use Horizontal (MU -W2) and establishing Anomaly Number 80 and 81. Establish land use designations for the Emerson Island Annexation - effective date: 03/19/2013 ANN bNb f; J by 2f31H3� �7/b / 1 95 L 1 M >'N 1s3N\ ta; � b �� Ae CITY of NEWPORT BEACH GENERAL PLAN Figure LU 10 STATISTICAL AREAS G1, J1 - J5, K1, K2 Residential Neighborhoods RS -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential ® Multiple -Unit Residential _ Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial General Commercial ® Visitor Serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts co -c ': General Commercial Office co -m Medical Commercial Office CQ -R Regional Commercial Office Industrial Districts Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts mu -v Mixed Use Vertical MU -H Mixed Use Horizontal mu -w Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space Ts : Tidelands and Submerged Lands .jam S+ City of Newport Beach Boundary -� Statistical Area , Boundary Land Use Delineator Line • Refer to anomaly table a m l\ u 8 _ ILi 1 f • W CITY of NEWPORT BEACH GENERAL PLAN Figure LU 10 STATISTICAL AREAS G1, J1 - J5, K1, K2 Residential Neighborhoods RS -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential ® Multiple -Unit Residential _ Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial General Commercial ® Visitor Serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts co -c ': General Commercial Office co -m Medical Commercial Office CQ -R Regional Commercial Office Industrial Districts Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts mu -v Mixed Use Vertical MU -H Mixed Use Horizontal mu -w Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space Ts : Tidelands and Submerged Lands .jam S+ City of Newport Beach Boundary -� Statistical Area , Boundary Land Use Delineator Line • Refer to anomaly table Land Use Element BLANK Newport Beach General Plan Figure LU11 Statistical Area J6, L4 11 X 17 color Land Use Element Newport Beach General Plan Increase the maximum allowable development 2011-21 GP2007-009 PA2007-213 02/22/2011 limit by 11,544 square feet and create anomaly No. 2.1 for 4300 Von Karman. i ��Y �i t. L E _T r f;1r k, J5 o wo 4 0 495 990 Feet LU11_A1rport.mxd February/2011 0 ••'9 � :c 20 .W AQ'Z ; • �G,T �Y0 t .i4� • c OQ �": S O�VS DRiNrNgN T Qp LA 10 , D AD O c n s "✓ e fF \ C'0 \ '? WAV NENIPORT PLACE Oft PF O rviafel..fi 1 a " 'A ` fly+V\ / / „ iF."' SWAY _.. ''+%tea,. �,;. UNIVERSITY DR t"nd t1 t 18 � � \ � VE CITY of NEWPORT BEACH GENERAL PLAN Figure LU11 STATISTICAL AREAS J6, L4 Residential Neighborhoods RS -D': Single -Unit Residential Detached Rs -A', Single -Unit Residential Attached RT Two -Unit Residential Multiple -Unit Residential Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial General Commercial Visitor Serving Commercial ® Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts General Commercial Office Medical Commercial Office a Regional Commercial Office Industrial Districts io Industrial Airport Supporting Districts o"' TAirport Office and Supporting Uses Mixed -Use Districts M Y; Mixed Use Vertical Mu.H Mixed Use Horizontal 'u W� Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions ® Parks and Recreation CIS Open Space Ts Tidelands and Submerged Lands City of Newport Beach Boundary Statistical Area Boundary 1•` ; Land Use Delineator Line • Refer to anomaly table w .r 4 EIP Land Use Element BLANK Newport Beach General Plan Figure LU 12 Statistical Area K3, L3, M6 11 X 17 color Land Use Element Newport Beach General Plan m° �t t� J5 it JOgQZ/ x ...OELHILL L1 S — _ w — �` �a y � ���� c - \ YON ✓ jjgai, i _ f PFS '` f"; 1 0 485 970 Feet / i� �?.f-'� j _ �+ { r I / ��`� V �-� w ----e„ !'�R •t� L 1„ '" rw �?`"/� �t'x � � '��� { R7.— 4ARDlE E— ro i i' ,�Sw' � )��. ceR_ . July/2006 LU12_North_Ford.mxd CITY of NEWPORT BEACH GENERAL PLAN Figure LU 12 STATISTICAL AREAS K3, L3, M 6 Residential Neighborhoods RS -D Single -Unit Residential Detached Rs -A. Single -Unit Residential Attached RT Two -Unit Residential ® Multiple Unit Residential ® Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial General Commercial Visitor Serving Commercial ® Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts co -G' General Commercial Office co -M _ Medical Commercial Office CO -R Regional Commercial Office Industrial Districts "$ Industrial Airport Supporting Districts Ao Airport Office and Supporting Uses Mixed -Use Districts LMu'v' Mixed Use Vertical nnu ii Mixed Use Horizontal *44 Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os i Open Space Ts 'Tidelands and Submerged Lands City of Newport Beach Boundary -�� Statistical Area -� Boundary Land Use Delineator Line • Refer to anomaly table Fly Land Use Element BLANK Newport Beach General Plan Figure LU13 Statistical Area F1, L1, L2, M1 - M5 11 X 17 color Land Use Element Newport Beach General Plan W /f }'��✓, °f "" C E N TFR 5p PP cif i 2008-97 GP2008-009 PA2008-182 11/24/2008 City Hall Site - Change OS to PF and create V61 I !g � au i W /f }'��✓, °f "" C E N TFR 5p PP cif i 2008-97 GP2008-009 PA2008-182 11/24/2008 City Hall Site - Change OS to PF and create % r� Anomaly No. 75 r 2009-3 GP2007-008 PA2007-210 01/27/2009 Big Canyon - Parcel Map on portion of golf course - Change PR to RSD 2010-108 GP2010-008 PA2010-052 09/14/2010 Change public beach portion of the property located at 190 1-19 1 1 Bayside Drive from PF to PR , Vb 17177 LU13_Newport_Center.mxd / September 2010 \.\. �(�,� w f- e7iZ/Pz �tRO -_- ------ 0 1,000 2,000 Feet I 1 1 1 t , ITY of NEWPORT BEACH GENERAL PLAN Figure LU13 STATISTICAL AREAS F1, L1, L2, M1 -M5 Residential Neighborhoods Rs-DSingle-Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential Multiple Unit Residential Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial ® General Commercial Visitor Serving Commercial Recreational and Marine Commercial Regional Commercial Commercial Office Districts co -c General Commercial Office co -m Medical Commercial Office CO -R Regional Commercial Office Industrial Districts ro' Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts mu -v Mixed Use Vertical Mu H' Mixed Use Horizontal Mu -w' Mixed Use Water Related Public, Semi -Public and Institutional PF. Public Facilities Private Institutions Parks and Recreation os Open Space Ts i Tidelands and Submerged Lands 4i,%to City of Newport Beach Boundary Statistical Area Boundary /1"\,/ Land Use Delineator Line . Refer to anomaly table Land Use Element BLANK Newport Beach General Plan Figure LU14 Statistical Area F2 - F8 11 X 17 color Land Use Element Newport Beach General Plan SEgORIFT 01 MARAIAIA oR,vE %111 - +F 0 500 LU14_CDM.mxd June/2009 qct. F,F N42 2 A WU s a C \ ` \ F , %sec gFN4lll""lit — ► 4z\` O P,yLe 're m _ <./ 2 , 4z' �q�6N e� � I-e� \� qVe! • sec ��. Y FOURh , r �9 ` yfi"H<\vv lvv ray yy��/Jyv v, Fq <. .',%%— 1,000 Feet J QG qye \� se o G n ITY of NEWPORT BEA GENERAL PLAN Figure LU14 STATISTICAL AREAS F2 -F8 Residential Neighborhoods RS -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential stns - Multiple -Unit Residential D Multiple -Unit Residential Detached Commercial Districts and Corridors cN Neighborhood Commercial cc Corridor Commercial ® General Commercial Visitor serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts co -c General Commercial Office co -m Medical Commercial Office co -R Regional Commercial Office Industrial Districts io ;` Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts Mu -V; Mixed Use Vertical MU -1-11 Mixed Use Horizontal Mu -uv Mixed Use Water Related Public, Semi -Public and Institutional PF ! Public Facilities t Private Institutions Parks and Recreation os Open Space TS Tidelands and Submerged Lands � City of Newport Beach Boundary /-� Statistical Area Boundary -®ey: Land Use Delineator Line • Refer to anomaly table L'1P l �\ oz i, /-- ITY of NEWPORT BEA GENERAL PLAN Figure LU14 STATISTICAL AREAS F2 -F8 Residential Neighborhoods RS -D Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential stns - Multiple -Unit Residential D Multiple -Unit Residential Detached Commercial Districts and Corridors cN Neighborhood Commercial cc Corridor Commercial ® General Commercial Visitor serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts co -c General Commercial Office co -m Medical Commercial Office co -R Regional Commercial Office Industrial Districts io ;` Industrial Airport Supporting Districts Airport Office and Supporting Uses Mixed -Use Districts Mu -V; Mixed Use Vertical MU -1-11 Mixed Use Horizontal Mu -uv Mixed Use Water Related Public, Semi -Public and Institutional PF ! Public Facilities t Private Institutions Parks and Recreation os Open Space TS Tidelands and Submerged Lands � City of Newport Beach Boundary /-� Statistical Area Boundary -®ey: Land Use Delineator Line • Refer to anomaly table L'1P Land Use Element BLANK Newport Beach General Plan Figure LU15 Statistical Area N 11 X 17 color Land Use Element Newport Beach General Plan LU15_NP_Coast.mxd July/2007 CITY of NEWPORT BEACH GENERAL PLAN Figure LU15 STATISTICAL AREAS N Residential Neighborhoods RS -D: Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential ® Multiple Unit Residential ® Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial General Commercial ® Visitor Serving Commercial Recreational and Marine Commercial ® Regional Commercial Commercial Office Districts General Commercial Office Medical Commercial Office Regional Commercial Office Industrial Districts IG ,j Industrial Airport Supporting Districts il,Aod Airport Office and Supporting Uses Mixed -Use Districts mu -u: Mixed Use Vertical 'm"5 Mixed Use Horizontal "Mu -w Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities Private Institutions Parks and Recreation os Open Space Ts Tidelands and Submerged Lands City of Newport Beach Boundary -� Statistical Area Boundary Land Use Delineator Line • Refer to anomaly table Land Use Element BLANK Newport Beach General Plan Land Use Element Goals and policies provide for the maintenance and enhancement of Newport Beach's residential neighborhoods, commercial districts, employment centers, corridors, and open spaces, assuring that new development complements and reinforces these characteristics. In addition to those listed below, community design policies are defined in LU 6.0 to reflect the specific community character objectives for a number of the City's districts and corridors. Residential Neighborhoods LU 5.1 Residential neighborhoods that are well-planned and designed contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region. Policies ALL NEIGHBORHOODS LU 5.1.1 Compatible but Diverse Development Establish property development regulations for residential projects to create compatible and high-quality development that contributes to neighborhood character. (Imp 2.1) LU 5.1.2 Compatible Interfaces Require that the height of development in nonresidential and higher -density residential areas transition as it nears lower -density residential areas to minimize conflicts at the interface between the different types of development. (Imp 2.1) LU 5.1.3 Neighborhood Identification Encourage and support the identification of distinct residential neighborhoods. (Imp 1. 1, 1.3) LU 5.1.4 Neighborhood Maintenance Promote the maintenance of existing residential units through code enforcement and promotion of County and local rehabilitation programs and public education. This may include providing information, guidance, and assistance where feasible. (Imp 23.3, 25.1, 26. 1, 29.1) Newport Beach General Plan Land Use Element SINGLE-FAMILY DETACHED AND TWO -UNIT NEIGHBORHOODS LU 5.1.5 Character and Quality of Single -Family Residential Dwellings Require that residential units be designed to sustain the high level of architectural design quality that characterizes Newport Beach's neighborhoods in consideration of the following principles: Articulation and modulation of building masses and elevations to avoid the appearance of "box -like" buildings Compatibility with neighborhood development in density, scale, and street facing elevations Architectural treatment of all elevations visible from public places Entries and windows on street facing elevations to visually "open" the house to the neighborhood Orientation to desirable sunlight and views (Imp 2.1) Illustrates articulation of single-family residential building volume, variation of roollines, street orientation, well-defined entries, landscaping, parkways, and minimization of driveway paving. LU 5.1.6 Character and Quality of Residential Properties Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. (Imp 2.1) LU 5.1.7 Renovation and Replacement of Existing Residential Units Require that residential units that are renovated and rebuilt in existing single- family neighborhoods adhere to the principles for new developments, as specified by Policy 5.1.5 above. Consider the appropriateness of establishing single-family residential design guidelines and/or standards and review procedures for neighborhoods impacted by significant changes in building scale and character. (Imp 2.1, 8.2) LU 5.1.8 Parking Adequacy Require that new and renovated single-family residences incorporate adequate enclosed parking in consideration of its number of bedrooms. (Imp 2.1) Newport Beach General Plan Land Use Element Multi -Family Neighborhoods LU 5.1.9 Character and Quality of Multi -Family Residential Require that multi -family dwellings be designed to convey a high quality architectural character in accordance with the following principles (other than the Newport Center and Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific to those areas): Building Elevations Treatment of the elevations of buildings facing public streets and pedestrian ways as the principal facades with respect to architectural treatment to achieve the highest level of urban design and neighborhood quality Architectural treatment of building elevations and modulation of mass to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume Provide street- and path -facing elevations with high-quality doors, windows, moldings, metalwork, and finishes r Illustrates multi -family residential infill townhomes, rowhouses, and apartments. Modulation of building volume and heights, articulated elevations, and orientation of residential units to the street. Ground Floor Treatment Where multi -family residential is developed on large parcels such as the Airport Area and West Newport Mesa: Set ground -floor residential uses back from the sidewalk or from the right-of-way, whichever yields the greater setback to provide privacy and a sense of security and to leave room for stoops, porches and landscaping Newport Beach General Plan Land Use Element Raise ground -floor residential uses above the sidewalk for privacy and security but not so much that pedestrians face blank walls or look into utility or parking spaces Encourage stoops and porches for ground -floor residential units facing public streets and pedestrian ways Where multi -family residential is developed on small parcels, such as the Balboa Peninsula, the unit may be located directly along the sidewalk frontage and entries should be setback or elevated to ensure adequate security (as shown below). Illustrates multi -family residential with lobbies and entry gates located on each street and pedestrian -way frontage. Roof Design Modulate roof profiles to reduce the apparent scale of large structures and to provide visual interest and variety. Parking Design covered and enclosed parking areas to be integral with the architecture of the residential units' architecture. Open Space and Amenity Incorporate usable and functional private open space for each unit. Incorporate common open space that creates a pleasant living environment with opportunities for recreation. (Imp 2.1) Commercial Districts Goal LU 5.2 Commercial centers and districts that are well-designed and planned, exhibit a high level of architectural and landscape quality, and are vital places for shopping and socialization. Policies LU 5.2.1 Architecture and Site Design Require that new development within existing commercial districts centers and corridors complement existing uses and exhibit a high level of architectural and site design in consideration of the following principles: Newport Beach General Plan Land Use Element Seamless connections and transitions with existing buildings, except where developed as a free-standing building Modulation of building masses, elevations, and rooflines to promote visual interest Architectural treatment of all building elevations, including ancillary facilities such as storage, truck loading and unloading, and trash enclosures Treatment of the ground floor of buildings to promote pedestrian activity by avoiding long, continuous blank walls, incorporating extensive glazing for transparency, and modulating and articulating elevations to promote visual interest Clear identification of storefront entries Incorporation of signage that is integrated with the buildings' architectural character Architectural treatment of parking structures consistent with commercial buildings, including the incorporation of retail in the ground floors where the parking structure faces a public street or pedestrian way Extensive on-site landscaping, including mature vegetation to provide a tree canopy to provide shade for customers Incorporation of plazas and expanded sidewalks to accommodate pedestrian, outdoor dining, and other activities Clearly delineated pedestrian connections between business areas, parking, and to adjoining neighborhoods and districts (paving treatment, landscape, wayfinding signage, and so on) Integration of building design and site planning elements that reduce the consumption of water, energy, and other nonrenewable resources (Imp 2.1) 1W `.9 Illustrates pedestrian -activated commercial "village" character with buildings fronting onto wide sidewalks and plazas, outdoor dining, modulation and articulation of building elevations, integrated signage, orientation of storefronts to the pedestrian, and streetscape amenities. Newport Beach General Plan Land Use Element LU 5.2.2 Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; Attractive architectural treatment of elevations facing the residential neighborhood; Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. (Imp 2.1) LU 5.2.3 Alley Design Improve and enhance the aesthetic quality of alleys without impacting service access. (Imp G.1, 8.1) Mixed -Use Districts and Neighborhoods Goal LU 5.3 Districts where residents and businesses are intermixed that are designed and planned to ensure compatibility among the uses, that they are highly livable for residents, and are of high quality design reflecting the traditions of Newport Beach. Policies LU 5.3.1 Mixed -Use Buildings Require that mixed-use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts Visual and physical integration of residential and nonresidential uses Architectural treatment of building elevations and modulation of their massing Separate and well-defined entries for residential units and nonresidential businesses Design of parking areas and facilities for architectural consistency and integration among uses Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces (Imp 2.1) Newport Beach General Plan LU 5.3.2 LU 5.3.3 Land Use Element Illustrates mixed-use buildings that integrate ground Floor retail and upper floor residential. Modulated building volumes and articulated elevations, separate entries for retail and residential, and orientation of the building to pedestrian -oriented streets. Mixed -Use Building Location and Size of Nonresidential Uses Require that 100 percent of the ground floor street frontage of mixed-use buildings be occupied by retail and other compatible nonresidential uses, unless specified otherwise by policies LU 6.1.1 through LU 6.20.6 for a district or corridor. (Imp 2.1) Parcels Integrating Residential and Nonresidential Uses Require that properties developed with a mix of residential and nonresidential uses be designed to achieve high levels of architectural quality in accordance with policies LU 5.1.9 and LU 5.2.1 and planned to ensure compatibility among the uses and provide adequate circulation and parking. Residential uses should be seamlessly integrated with nonresidential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. (Imp 2.1) LU 5.3.4 Districts Integrating Residential and Nonresidential Uses Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and nonresidential uses to prevent fragmentation and ensure each use's viability, quality, and compatibility with adjoining uses. (Imp 2.1, 6.1) Newport Beach General Plan Land Use Element All Commercial and Mixed -Use Districts LU 5.3.5 Pedestrian -Oriented Architecture and Streetscapes Require that buildings located in pedestrian -oriented commercial and mixed-use districts (other than the Newport Center and Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific to those areas) be designed to define the public realm, activate sidewalks and pedestrian paths, and provide "eyes on the street" in accordance with the following principles: Location of buildings along the street frontage sidewalk, to visually form a continuous or semi -continuous wall with buildings on adjacent parcels Inclusion of retail uses characterized by a high level of customer activity on the ground floor; to insure successful retail -type operations, provide for transparency, elevation of the first floor at or transitioning to the sidewalk, floor -to -floor height, depth, deliveries, and trash storage and collection Articulation and modulation of street -facing elevations to promote interest and character Inclusion of outdoor seating or other amenities that extend interior uses to the sidewalk, where feasible Minimization of driveways that interrupt the continuity of street facing building elevations, prioritizing their location to side streets and alleys where feasible (Imp 2.1) Illustrates pedestrian -oriented characteristics of commercial and mixed-use projects, with transparent and articulated building elevations, wide sidewalks, and streetscape amenities. LU 5.3.6 Parking Adequacy and Location Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. (Imp 2.1) Newport Beach General Plan Land Use Element Office and Business Parks Goal LU 5.4 Office and business districts that exhibit a high quality image, are attractive, and provide quality working environments for employees. Policies LU 5.4.1 Site Planning Require that new and renovated office and retail development projects be planned to exhibit a high-quality and cohesive "campus environment," characterized by the following: Location of buildings around common plazas, courtyards, walkways, and open spaces Incorporation of extensive on-site landscaping that emphasizes special features such as entryways Use of landscape and open spaces to break the visual continuity of surface parking lots Common signage program for tenant identification and wayfinding Common streetscapes and lighting to promote pedestrian activity Readily observable site access, entrance drives and building entries and minimized conflict between service vehicles, private automobiles, and pedestrians (Imp 2.1) Illustrates massing of industrial and commercial buildings around pedestrian -oriented plazas and open spaces, inclusion of extensive landscape, common signage and streetscapes, and modulation of building volumes and articulation of elevations. Newport Beach General Plan Land Use Element LU 5.4.2 Development Form and Architecture Require that new development of business park, office, and supporting buildings be designed to convey a unified and high-quality character in consideration of the following principles: Modulation of building mass, heights, and elevations and articulation of building Avoidance of blank building walls that internalize uses with no outdoor orientation to public spaces Minimize the mass and bulk of building facades abutting streets Consistent architectural design vocabulary, articulation, materials, and color palette Clear identification of entries through design elements Integration of signage with the building's architectural style and character Architectural treatment of parking structures consistent with their primary commercial or office building (Imp 2.1) Industrial Districts Goal LU 5.5 Districts that provide for the manufacturing of goods and research, and development that are attractive, compatible with adjoining nonindustrial uses, and well maintained. Policies LU 5.5.1 Site Planning and Building Design Require that new and renovated industrial properties and structures be designed to exhibit a high quality of design and maintenance characterized by the following: Incorporation of extensive on-site landscaping Incorporation of landscape, decorative walls, and other elements that visually screen areas used for outdoor storage, processing, and other industrial operations from public places Architectural treatment of all building elevations Consistent and well-designed signage Control of on-site lighting, noise, odors, vibrations, toxic materials, truck access, and other elements that may impact adjoining nonindustrial land uses. (Imp 2.1) LU 5.5.2 Property Maintenance Encourage and, where subject to redevelopment, require owners of visually unattractive or poorly maintained industrial properties to upgrade existing structures and properties to improve their visual quality. (Imp 26.1) Newport Beach General Plan Land Use Element All Neighborhoods, Districts, and Corridors LU 5.6 Neighborhoods, districts, and corridors containing a diversity of uses and buildings that are mutually compatible and enhance the quality of the City's environment. Policies LU 5.6.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. (Imp 2.1) LU 5.6.2 Form and Environment Require that new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. (Imp 2.1) LU 5.6.3 Ambient Lighting Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. (Imp 2.1) LU 5.6.4 Conformance with the Natural Environmental Setting Require that sites be planned and buildings designed in consideration of the property's topography, landforms, drainage patterns, natural vegetation, and relationship to the Bay and coastline, maintaining the environmental character that distinguishes Newport Beach. (Imp 2.1, 8.1) LU 5.6.5 Heliport/Helistop Compatibility Require that all applicants for the construction or operation of a heliport or helistop comply with state permit procedures, file a Form 7480 (Notice of Landing Area Proposal) with the Federal Aviation Administration (FAA), and comply with all conditions of approval imposed by the FAA, Caltrans/Division of Aeronautics and Airport Land Use Commission (ALUC) for Orange County. (Imp 14.9) Newport Beach General Plan Land Use Element Goals and policies provide for the maintenance of existing neighborhoods, districts, corridors, and public and civic uses, managing growth and change to ensure that their character, livability, and economic value are sustained. Public and Institutional Uses and Districts The City of Newport Beach contains a diversity of public and institutional uses including civic and government administrative facilities (City Hall), corporate yards, fire and police facilities, libraries, cultural institutions, art museum, marine science center, environmental interpretative center, senior and youth facilities, schools, and hospitals. Major public uses include the City Hall, adjoining Lido Village, Police Department in Newport Center, eight fire stations distributed throughout the community, Central Library in Newport Center and three branches, OASIS Senior Center in Corona del Mar, and community facilities available at various locations for residents for recreational and meeting use. Newport Beach is served by two public and one private high school, one public and one private middle school, and eight public and four private elementary schools. Hoag Hospital is a major medical center that serves the City and region and is supported by numerous medical offices and related facilities. LU 6.1 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods. Policies LAND USES LU 6.1.1 Adequate Community Supporting Uses Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses. (Imp 1. 1, 2.1) LU 6.1.2 Siting of New Development Allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. (Imp 1. 1, 14.2, 22.1-23.2) Newport Beach General Plan Land Use Element DESIGN AND DEVELOPMENT LU 6.1.3 Architecture and Planning that Complements Adjoining Uses Ensure that the City's public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan. Design impacts on adjoining uses shall be carefully considered in development, addressing such issues as lighting spillover, noise, hours of operation, parking, local traffic impacts, and privacy. (Imp 22.9-23.2) LU 6.1.4 Compatibility of Non -City Public Uses Encourage school and utility districts and other government agencies that may be exempt from City land use control and approval to plan their properties and design buildings at a high level of visual and architectural quality that maintains the character of the neighborhood or district in which they are located and in consideration of the design and development policies for private uses specified by this Plan. (Imp 94.9, 94.95) STRATEGY LU 6.1.5 Hoag Hospital Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and ensure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems. (Imp 24.9) Residential Neighborhoods Newport Beach is a community of distinct residential communities formed by the natural landscape and the built environment. Many of the City's older communities are located near the coast, and are characterized by small lots and the close grouping of structures. Newer residential communities, located east of the bay, have been built according to specific regulations to encourage their individual characters. Residential neighborhoods first began to develop on the Peninsula, West Newport, Balboa Island, and Lido Isle. These early neighborhoods following a traditional subdivision pattern of homes on streets designed in a linear grid and are generally pedestrian -oriented and include alleyways. Some of these older residential areas are within close proximity of commercial and visitors serving uses and are impacted by limited parking, noise, and traffic generated by commercial and visitor activities. When development spread further inland and proceeded north and east, the residential pattern changed, becoming less traditional, and more suburban in character with curvilinear streets and ranch style homes on larger lots. Examples of this type of development are the Westcliff community and Cliff Haven. As residential expanded across the bay and to the east, new styles such as attached town homes and gated communities were constructed. The Bluffs and Big Canyon communities illustrate this type of development. Newport Beach General Plan Land Use Element More recent residential development patterns have resulted in numerous distinct neighborhoods with a single builder constructing most or all of the homes. Many of the these communities were designed as master planned communities allowing for unique and specialized development standards, as opposed to the application of traditional, standardized zoning regulations. Examples include Bonita Canyon, Newport Ridge, and Newport Coast. There are approximately 125 homeowners associations in Newport Beach. These associations govern the maintenance of common areas and the administration of Covenants, Conditions, and Restrictions (CC&Rs). Many of these associations are active in the City's decision-making process and may have unique development standards that are not enforced by the City. Newport Beach includes a variety of residential neighborhoods As the community has approached build -out, little vacant land remains. New development has focused on nontraditional sites such as infill and mixed-use development on smaller vacant and underutilized sites in or near commercial areas. Other residential development issues in the community include the replacement of original single- family homes, duplexes, and triplexes with larger homes. Many of these homes are built to the full limit of the City's development regulations in neighborhoods where many houses are much smaller in scale. The policy framework for neighborhoods is geared toward strengthening and expanding the framework of healthy, cohesive, and identifiable neighborhoods throughout the City. Newport Beach General Plan Land Use Element LU 6.2 Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach's residents and are designed to sustain livability and a high quality of life. Policies LU 6.2.1 Residential Supply Accommodate a diversity of residential units that meets the needs of Newport Beach's population and fair share of regional needs in accordance with the Land Use Plan's designations, applicable density standards, design and development policies, and the adopted Housing Element. (Imp 1. 1, 2.1, 25.1) LU 6.2.2 Allowing Rebuilding Legal nonconforming residential structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with the goals of the Land Use Element. (Imp 2.1, 7.1) LU 6.2.3 Residential Affordability Encourage the development of residential units that are affordable for those employed in the City. (Imp 25.1) LU 6.2.4 Accessory Units Permit conditionally the construction of one granny unit (accessory age -restricted units for one or two adult persons who are sixty years of age or older) per single- family residence within single-family districts, provided that such units meet set back, height, occupancy, and other applicable regulations set forth in the Municipal Code. (Imp 2.1) LU 6.2.5 Neighborhood Supporting Uses Allow for the integration of uses within residential neighborhoods that support and are complementary to their primary function as a living environment such as schools, parks, community meeting facilities, religious facilities, and comparable uses. These uses shall be designed to ensure compatibility with adjoining residential addressing such issues as noise, lighting, and parking. (Imp 2.1) LU 6.2.6 Home Occupations Allow for home occupations in Newport Beach's residential neighborhoods provided that they do not adversely impact traffic, parking, noise, lighting, and other neighborhood qualities. (Imp 2.1) Newport Beach General Plan Land Use Element LU 6.2.7 Care Facilities Regulate Day Care and Residential Care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods, and actively pursue federal and state legislation that would give cities the ability to prohibit an over -concentration of recovery homes or sober living homes in residential areas. (Imp 2.1) LU 6.2.8 Manufactured Housing Permit by right manufactured housing on individual lots in residential zones as per state law. Ensure compatibility with surrounding conventional dwelling uses by continuing to provide design standards for manufactured homes. (Imp 2.1) LU 6.2.9 Private Open Spaces and Recreational Facilities Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land uses. (Imp 6.1, 13.1) LU 6.2.10 Gated Communities Discourage the creation of new private entry gates in existing residential neighborhoods that currently do not have a gate located at the entrance of the community. (Imp 9.1, 29.1) Districts Districts are uniquely identifiable by their common functional role, mix of uses, density/intensity, physical form and character, and/or environmental setting. Generally, they encompass large areas that often extend equally in length and breadth. They represent common gathering places for commerce, employment, entertainment, culture, and for living. While Newport Beach contains many districts, the General Plan policies in the following sections focus on those that are likely to change over the next 20 years as existing viable districts are enhanced, underperforming properties are revitalized, and opportunities are provided to accommodate the City's fair share of regional housing needs, as shown on Figure LU16. Policies are directed to the management of these changes to ensure that they complement the characteristics that are valued by Newport Beach's residents. Development in each district will adhere to policies for land use type and density/intensity (Policy LU 4.1, Table LU1) and community character (LU 5.0), except as amended in this section of the Plan. The goals and policies for each district are preceded by a description of its uses and characteristics in 2005 and public input from the General Plan Update Visioning Process and Public Workshops that was considered in their formulation. Banning Ranch Located within the City's Sphere of Influence (SOI), the Banning Ranch area encompasses approximately 518 acres, of which 465 acres (includes 47 acres of water features) are under the jurisdiction of Orange County, and 53 acres within the jurisdiction of the City of Newport Beach. Newport Beach General Plan Land Use Element Banning Ranch is located in the western -most portion of the Newport Beach Planning Area, north of Coast Highway and the Newport Shores residential community, immediately east of the Santa Ana River, and west and south of residential and industrial uses. The eastern portion of the site is higher in elevation and contains the western edge of Newport Mesa that slopes gently from east to west. Bluffs form the western edge of the mesa, and are located in the central portion of the Banning Ranch area. The western portion of the site, which is lower in elevation, historically contained a tidal marsh associated with the Semeniuk Slough and Santa Ana River. Aerial view of the Banning Ranch area Currently, the Banning Ranch area is primarily undeveloped with some historic oil extraction infrastructure located in the central and southern portions of the site that includes wells, pipelines, buildings, improved and unimproved roads, and open storage pipes and machinery. Oil extraction activities date back at least 75 years. Although the Banning Ranch site contains an assemblage of diverse habitats that have been historically disturbed, when this area is considered with the contiguous Semeniuk Slough and restored wetlands, it provides wildlife with a significantly large, diverse area for foraging, shelter, and movement. Biological studies performed for Banning Ranch indicate that, while disturbance associated with oil activities diminishes the quality of existing habitat to some extent, overall, the area should be regarded as relatively high-quality wildlife habitat due to its size, habitat diversity, and continuity with the adjacent Semeniuk Slough and federally -restored wetlands. A preliminary field evaluation of Banning Ranch was conducted by a consultant as a general indicator of the presence of habitat and species that may be subject to regulatory review. Based on this analysis, the property is estimated to contain approximately 69 acres with a habitat value rank of "1," which are primarily concentrated in the northwestern portion of the site. These areas are considered to have a high biological resource value, and are likely to require a resource permit from federal and/or state agencies prior to development. Other areas scattered throughout the site may also be of biological value but to a lesser extent. Areas with a rank of "2" (approximately 96 acres) may need a resource permit for development, where additional studies would be required to make this determination. More than likely, areas with a rank of "Y' (approximately 118 acres) contain habitat and species that are not likely to require resource permitting for development. Resource permitting would likely result in the need for mitigation measures associated with development such as payment of mitigation fees, habitat restoration, or off-site habitat replacement. The actual acreage subject to environmental permitting will be determined in subsequent studies to be conducted in accordance with state and federal regulations. Newport Beach General Plan Land Use Element Figure LU 16 Planning Sub -Areas Pg 18.5x11 color Newport Beach General Plan U w m z �o Q O J J N z z _u) Z Lu O Z g �I JSID, :N °' o > 3 o) ° `o 0 a) = 2 C) c r a a U 0 0 Q aUa > a a N a 3 3 3 0 6 oI o 0 � o c a -o z z z 0 LU c Q m>� m m z° 0 3 3 Lo 10 rL co - J W cc - -- �I JSID, :N LU a - W cc - -- 40, W Q r o , �I JSID, :N Pg 2-8.5x11 color Land Use Element Newport Beach General Plan Land Use Element Rank Acres 1 69 2 ____-_--- 3 96 118 —_.. Total 283 Additionally, Banning Ranch exhibits distinctive topography that is a physical and visual resource for the community. The property is divided into lowland and highland mesa areas. Bluff faces traverse the property generally in a north -south direction, separating these and forming an important visual backdrop from West Coast Highway. Drainage from upland areas in and adjoining the City of Costa Mesa formed a number of arroyos with riparian habitats. The bluff face geology is highly erodible and has experienced sliding over the years. Figure LU17 illustrates these constraints. During the visioning process, residents were divided in opinion regarding the future of Banning Ranch. Many residents preferred preserving Banning Ranch as open space at the beginning of the public process. However, many participants in the process later indicated their willingness to support some development of the property if it would generate revenue to help fund preservation of the majority of the property as open space. Policy Overview The General Plan prioritizes the acquisition of Banning Ranch as an open space amenity for the community and region. Oil operations would be consolidated, wetlands restored, nature education and interpretative facilities provided, and an active park developed containing playfields and other facilities to serve residents of adjoining neighborhoods. Should the property not be fully acquired as open space, the Plan provides for the development of a concentrated mixed-use residential village that retains the majority of the property as open space. This would contain a mix of housing types clustered around a "village center" of local -serving commercial uses, small boutique hotel, active park, and possibly a school. Buildings would be located and designed and an interconnected street system provided to enhance pedestrian activity and reduce vehicular trips. Development would be concentrated to preserve the majority of the property as open space, while oil operations would be clustered and wetlands restored. An internal trail system would be developed to link uses within its neighborhoods and districts and provide access to adjoining neighborhoods. While the Plan indicates the maximum intensity of development that would be allowed on the property, this will ultimately by determined through permitting processes that are required to satisfy state and federal environmental regulatory requirements. Go -01 LU 6.3 Preferably a protected open space amenity, with restored wetlands and habitat areas, as well as active community parklands to serve adjoining neighborhoods. Newport Beach General Plan Land Use Element Policies LAND USES (designated as "OS[RV]') LU 6.3.1 Primary Use Open space, including significant active community parklands that serve adjoining residential neighborhoods if the site is acquired through public funding. (Imp 2. 1, 23.1, 23.5, 30.2) STRATEGY LU 6.3.2 Acquisition for Open Space Support active pursuit of the acquisition of Banning Ranch as permanent open space, which may be accomplished through the issuance of state bonds, environmental mitigation fees, private fundraising, developer dedication, and similar techniques. (Imp 9.1, 14.7, 14.11, 30.2) Goa7l LU 6.4 If acquisition for open space is not successful, a high-quality residential community with supporting uses that provides revenue to restore and protect wetlands and important habitats. Policies LAND USES LU 6.4.1 Alternative Use If not acquired for open space within a time period and pursuant to terms agreed to by the City and property owner, the site may be developed as a residential village containing a mix of housing types, limited supporting retail, visitor accommodations, school, and active community parklands, with a majority of the property preserved as open space. The property owner may pursue entitlement and permits for a residential village during the time allowed for acquisition as open space. (Imp 2.1) Newport Beach General Plan Land Use Element Figure LU17 Banning Ranch Development Constraints Pg 18.5x11 color Newport Beach General Plan S U = W U ~ to O d �aQ �Ca)CDO- W W 7 Z UJ Z z w �Z>0 15 (D Q00 m U O N O C O vOi 7 O N C3 U c Q C O 6 -0 h 15 C Yn m w = _ d , f . I tit p Jr qw , F :-t r - t F { t - „ R r r r r' i fl I 1 � r p=-IIXS-8siumensuo ppnq iynuea--�uyuur siouisrp'6LSOT yoeagnodmaN/sicafoldSI`J. N DIP NMI y. R r �{ M s� fiAd - b 0 �. ul p=-IIXS-8siumensuo ppnq iynuea--�uyuur siouisrp'6LSOT yoeagnodmaN/sicafoldSI`J. N Pg 2-8.5x11 color Land Use Element Newport Beach General Plan Land Use Element DEVELOPMENT DENSITY/INTENSITY AND CAPACITY Note. These representgeneral development capacity estimates, with the property's ultimate development footprint and capacity determined through required federal and state re garlatory environmental permitting processes and a planned community developmentplan approved by the City of Newport Beach. LU 6.4.2 Residential Accommodate a maximum of 1,375 residential units, which shall consist of a mix of single-family detached, attached, and multi -family units to provide a range of choices and prices for residents. (Imp 2.1) LU 6.4.3 Retail Commercial Accommodate a maximum of 75,000 square feet of retail commercial uses that shall be oriented to serve the needs of local and nearby residents. (Imp 2.1) LU 6.4.4 Overnight Accommodations Accommodate a maximum of 75 rooms in a small boutique hotel, "bed and breakfast," or other overnight accommodations. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.4.5 Planned Residential Village Require that Banning Ranch, if not retained as open space, be developed as a cohesive urban form that provides the sense of a complete and identifiable neighborhood. Establish a development pattern that ties together individual uses into a cohesive neighborhood addressing the location and massing of buildings, architecture, landscape, connective street grid and pedestrian walkways and trails, use of key landforms, and similar elements. (Imp 3.1, 4.1) LU 6.4.6 Approaches for a Livable Neighborhood Site and design development to enhance neighborhood quality of life by: Establishing a pattern of blocks that promotes access and neighborhood identity Designing streets to slow traffic, while maintaining acceptable fire protection and traffic flows Integrating a diversity of residential types within a neighborhood, while ensuring compatibility among different residential types Orienting and designing the residential units to relate to the street frontage Locating and designing garages to minimize their visual dominance from the street Incorporating sidewalks and parkways to foster pedestrian activity Promoting architectural diversity (Imp 3.1, 4.1) LU 6.4.7 Neighborhood Structure and Form Establish a "village center" containing local serving commercial, community parks, community meeting facilities, hotel, and/or other amenities as the focal Newport Beach General Plan Land Use Element point. Buildings in the village center shall be designed to enhance pedestrian activity (e.g., visual transparency and facade modulation and articulation), integrating plazas and open spaces for public events. (Imp 3.1, 4.1) LU 6.4.8 Open Space Network and Parklands Establish a framework of trails, community parklands, and natural habitats that provide the framework around which the residential village's uses are developed and interconnect residential districts, the village center, other uses, and open spaces. (Imp 3.1, 4.1) LU 6.4.9 Circulation Facilitate development of an arterial highway linking Coast Highway with Newport Boulevard to relieve congestion at Superior Avenue, if the property is developed. (Imp 3.1, 4.1, 16.1) LU 6.4.10 Sustainable Development Practices Require that any development of Banning Ranch achieve high levels of environmental sustainability that reduce pollution and consumption of energy, water, and natural resources to be accomplished through land use patterns and densities, site planning, building location and design, transportation and utility infrastructure design, and other techniques. Among the strategies that should be considered are the concentration of development, reduction of vehicle trips, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on-site, water conserving fixtures and landscapes, architectural elements that reduce heat gain and loss, and preservation of wetlands and other habitats. (Imp 3.1, 4.1, 7.1, 16.8, 17.1, 19.1) STRATEGY LU 6.4.11 Comprehensive Site Planning and Design Require the preparation of a master development or specific plan for any development on the Banning Ranch specifying lands to be developed, preserved, and restored, land uses to be permitted, parcelization, roadway and infrastructure improvements, landscape and streetscape improvements, development regulations, architectural design and landscape guidelines, exterior lighting guidelines, processes for oil operations consolidation, habitat preservation and restoration plan, sustainability practices plan, financial implementation, and other appropriate elements. (Imp 3.1, 4.1) Policies Pertaining to Both Land Use Options (Goals 6.3 and 6.4) PERMITTED USES LU 6.5.1 Oil Operations Relocate and cluster oil operations. (Imp 3.1, 4.1) Newport Beach General Plan Land Use Element LU 6.5.2 Active Community Park Accommodate a community park of 20 to 30 acres that contains active playfields that may be lighted and is of sufficient acreage to serve adjoining neighborhoods and residents of Banning Ranch, if developed. (Imp 3.1, 4.1) LU 6.5.3 Habitat and Wetlands Restore and enhance wetlands and wildlife habitats, in accordance with the requirements of state and federal agencies. (Imp 3.1, 4.1, 14.7, 14.11) DESIGN AND DEVELOPMENT LU 6.5.4 Relationship of Development to Environmental Resources Development should be located and designed to preserve and/or mitigate for the loss of wetlands and drainage course habitat. It shall be located to be contiguous and compatible with existing and planned development along its eastern property line, preserving the connectivity of wildlife corridors, and set back from the bluff faces, along which shall be located a linear park to provide public views of the ocean, wetlands, and surrounding open spaces. Exterior lighting shall be located and designed to minimize light trespass from developed areas onto the bluffs, riparian habitat, arroyos, and lowland habitat areas. (Imp 3.1, 4.1) LU 6.5.5 Public Views of the Property Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces. Landscape shall be incorporated to soften views of the site visible from publicly owned areas and public view points. (Imp 3.1, 4.1) STRATEGY LU 6.5.6 Coordination with State and Federal Agencies Work with appropriate state and federal agencies to identify wetlands and habitats to be preserved and/or restored and those on which development will be permitted. (Imp 14.7, 14.11) West Newport Mesa The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Development in the area dates back to the mid -twentieth century. Hoag Hospital is a major activity center that continues to affect development in the area. It generates a strong market for the development of uses that support the hospital's medical activities such as doctors' offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. Retail commercial uses serve medical purposes, as well as nearby residents. Northern portions of the area are largely developed with light manufacturing, research and development, and business park uses. In many respects, these transition with comparable patterns of Newport Beach General Plan Land Use Element development in the Westside Costa Mesa area to the north. A number of Newport Beach's marine - related businesses have relocated to the area over recent decades as coastal land values have escalated. Most of the properties are developed for single business tenants and have little landscape or architectural treatment, typical of older industrial districts of Southern California. Office and commercial buildings in West Newport Mesa The majority of properties between the industrial uses and medical center are developed with multi- family uses, including a few mobile home parks. The latter represent a resource of affordable housing in the City. These are interspersed with a school and other civic uses. The area's considerable mix of uses is not always complementary, nor at its edges where it abuts residential neighborhoods and other uses. Visioning process participants indicated that the West Newport Mesa area would benefit from revitalization. The development of additional medical offices and other facilities supporting Hoag Hospital and additional residential units were widely endorsed. Participants were divided in their support for the retention of industrial uses. Newport Beach General Plan Land Use Element Policy Overview The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non -water -dependent marine -related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub -districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged. Goal LU 6.6 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well-planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas. Policies LAND USES (refer to Figure LU 18) LU 6.6.1 Hospital Supporting Uses Integrated with Residential Neighborhoods Prioritize the accommodation of medical -related and supporting facilities on properties abutting the Hoag Hospital complex [areas designated as "CO -M (0.5)" (Figure LU18, Sub -Area A)] with opportunities for new residential units [areas designated as " RM(18/ac)"] and supporting general and neighborhood -serving retail services ["CG(0.75)" and "CN(0.3)"] respectively. (Imp 2.1) LU 6.6.2 Residential Types Promote the development of a mix of residential types and building scales within the densities permitted by the "RM" (Figure LU18, Sub -Area C) designation, which may include single-family attached, townhomes, apartments, flats, and comparable units. Residential densities may be increased on a property as a means of promoting a variety of housing types within Newport Mesa, provided that the overall average density of 18 units per acre is not exceeded. (Imp 2.1) STRATEGY LU 6.6.3 Cohesive and Integrated Medical Campus Development Work with property owners and encourage the development of a master plan for streetscape, pedestrian, signage, and other improvements that contribute to a definable district. Land use boundaries delineated on the Land Use Diagram may be modified by a specific plan to achieve cohesive districts that integrate a variety of land uses. (Imp 3.1, 4.1) Newport Beach General Plan Land Use Element LU 6.6.4 Livable Residential Neighborhood Work with property owners and encourage the preparation of a master plan for the residential neighborhood defining park and streetscape improvements that provide amenity for local residents and enhance the area's identity. (Imp 3.1, 4.1) Goal LU 6.7 A general industrial district that transitions between the Hoag Hospital medical and residential community and industrial uses in the City of Costa Mesa, providing opportunities for needed uses that cannot be accommodated elsewhere in Newport Beach. Policies LAND USES [designated as "IG(0.75),"refer to Figure LU18, Sub -Area B] LU 6.7.1 Primary Uses Encourage the development of small-scale incubator industries. (Imp 2.1, 24.1) LU 6.7.2 Marine Based Businesses Encourage and provide incentives for the relocation of marine -based Newport Beach businesses, including boat storage and recreational vehicles, to properties retained for industrial purposes. (Imp 2.1, 24.1) Balboa Peninsula The Balboa Peninsula comprises a series of districts linked by the Newport Boulevard/Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods. Newport Beach General Plan Land Use Element Figure 1.1.118 West Newport Mesa Pg 1-8.5x11 color Newport Beach General Plan 2 Q U U) Q w mZ F-:� .� of 0- 5� dJ J d w w �w Z w z O C7 U) ww U (B L^, Ca W Q o �U 0- -02 -Z(D 2) C: z CD O L_J 2i el �L En M a) a) At, L w Cl N U- N _0Fo T E f6 p O '0E) Q) _ CU o � CC C m Q: o� (B L^, Ca W Q o �U 0- -02 -Z(D 2) C: z CD O L_J 2i el �L En M a) a) At, L w Cl N U- O � o a _ s o� i PG PE O 0 Q d �b U C Cc I♦ ° P EL 00 O o U a Oc U - Z M a - ° U LO V (/m z D ° 3 o 0 3 LL _ q VP \ O \ tP ° —o (B L^, Ca W Q o �U 0- -02 -Z(D 2) C: z CD O L_J 2i el �L En M a) a) At, L w Cl N U- Pg 28.5x11 color Land Use Element Newport Beach General Plan Land Use Element Lido Village Lido Village is primarily developed with commercial uses including grocery stores, restaurants, salons, home furnishings, apparel, and other specialty shops. It also includes Lido Marina Village, a pedestrian - oriented waterfront development that includes visitor -serving commercial uses, specialty stores, and marine uses. Lido Village's southern edge contains specialty retail and restaurants, the Civic Center, and churches. Lido Marina Village has experienced a high number of building vacancies and many retail stores are underperforming. Parking is limited. Multiple property ownerships have traditionally inhibited cohesive and integrated development. Lido Village has a unique location at the turning basin in Newport Harbor. The channel is wider than in other locations, providing an opportunity for waterfront commercial uses that will not negatively impact residential uses across the channel. Movie theater in Lido Village Pedestrian -oriented retail use in Lido Village Cannery Village Cannery Village is the historic center of the City's commercial fishing and boating industry and contains a mix of small shops, art galleries, professional offices, and service establishments. Marine -related commercial (boat sales) and marine -related industrial uses (boat repair) are also found in the area. Redevelopment of properties for residential, loft, and mixed residential and commercial uses, including live/work facilities, appears to be an emerging trend. Older developments include some single-family residential units combined with commercial uses on single lots. Although the residential component of mixed-use projects has performed well, there has been less success in attracting the commercial uses envisioned for the area particularly on the waterfront. Newport Beach General Plan Land Use Element Cannery Village A Specific Plan has been developed, but multiple property ownerships have hindered cohesive and integrated development. McFadden Square McFadden Square surrounds the Newport Pier and extends between the ocean front and harbor. It was the center of the City's early shipping industry. Located adjacent to Newport Pier is the Dory Fishing Fleet. The fleet and open-air fish market have operated at this location since the fleet's founding in 1891 by Portuguese fishermen. The last remaining fleet of its type, it is a designated historical landmark. Commercial land uses are largely concentrated in the strips along Balboa and Newport Boulevards, with residential along the ocean front and marine -related uses fronting the harbor. Numerous visitor -serving uses include restaurants, beach hotels, tourist -oriented shops (t -shirt shops, bike rentals, and surf shops), as well as service operations and facilities that serve the Peninsula. There are several bars in the area with some featuring live music, especially along the ocean front. Historically, the area has been known for its marine -related industries such as shipbuilding and repair facilities and boat storage on the harbor, some of which have been in continuous operation for over fifty years. Public parking is available in three lots, which primarily serve the beach users, tourists, and the restaurant patrons. Retail use in McFadden Square Residential in McFadden Square Much of the McFadden Square area is pedestrian -oriented, with storefronts facing the street, the presence of signage at a pedestrian scale, and outdoor furniture, providing a pleasant environment for Newport Beach General Plan NS - Land Use Element visitors. However, certain areas present difficulty for pedestrian street crossing. Specifically the intersection of Newport and Balboa Boulevards, known as the "Mixmaster," is one such crossing, as the roadway configuration at this location allows traffic flow from different directions and the street is wide. Balboa Village Balboa Village is the historic center for recreational and social activities on the Peninsula. It has had a strong marine heritage, and has attracted fishermen, recreational boaters, summer residents, and beachgoers. Many of the retail uses are visitor -oriented and seasonal in nature, including a "fun zone" along Edgewater Place that contains entertainment uses. Marine -related commercial uses, including ferries to Balboa and Catalina Islands and harbor tours, are present in the area. In general, Balboa Village is pedestrian -oriented with articulated building fagades and signage that is pedestrian scale. The Balboa Village core is surrounded by residences, with isolated pockets of commercial uses scattered along Balboa Boulevard. Peninsula Park also serves the area. Balboa Village and the greater Peninsula have experienced a transition to year-round residential occupancy while the visitor uses have continued. Cumulatively, there is more commercial space than can be supported by local residents, and marginal commercial space is used by businesses that are seasonal and do not thrive throughout the year. Visitor -serving retail in Balboa Village Housing in Balboa Village A specific plan has guided development in Balboa Village ("Central Balboa") since 1997. The Plan's vision consisted of aesthetic improvements such as landscaping, pedestrian amenities, and design standards. It addressed property maintenance standards, parking district implementation, and circulation improvements. Additionally, it sought to establish a "family marine recreation theme," upgrade the Fun Zone, and improve the quality and mix of commercial tenants. The City has implemented some of this vision with a number of public improvements within the last few years, which include the addition of street furniture, lighting, landscaping, widened sidewalks, and decorative paving. Participants in the Visioning process indicated that Lido Village, Cannery Village, McFadden Square, and Balboa Village need continuing revitalization, and the City could be proactive in creating a vision for reinforcement of Lido Village and McFadden Square as primary activity nodes, with the interior of Cannery Village allocated for residential or mixed-use development. The integration of uses in these areas and the harbor and bay was emphasized. While overnight lodging was not supported in the Newport Beach General Plan Land Use Element Visioning process survey and public meetings, in the opinion of the General Plan Advisory Committee smaller bed and breakfast and boutique hotels could be designed and scaled to complement the pedestrian -oriented village character of Lido Village, McFadden Square, and Balboa Village, as well as help the City's fiscal balance through the revenue that would be contributed. The public also supported the concentration of commercial uses in the core of Balboa Village, with the re -use of outlying commercial properties for housing and priority for water -oriented and visitor -serving commercial uses. Additionally, Balboa Village was identified as a suitable location for mixed-use development. Policy Overview The General Plan provides for the enhancement of Lido Village, Cannery Village, McFadden Square, and Balboa Village as distinct pedestrian -oriented centers of Balboa Peninsula that would be interconnected through improved streetscapes along Newport/Balboa Boulevard, a waterfront promenade on Newport Harbor, and cross -access between the Harbor and beachfront. Lido Village, McFadden Square, and Balboa Village would contain a mix of visitor -serving, retail, small overnight accommodation facilities, and housing. In Cannery Village, commercial or mixed-use buildings would be developed at street intersections with intervening parcels developed for mixed-use or free- standing housing. Throughout the Peninsula, priority is established for the retention of marine - related uses. Areawide Goal LU 6.8 A series of commercial, visitor -serving, marine -related, civic, and residential neighborhoods that are vibrant throughout the year, differentiated by their historic and functional characteristics and architectural style, yet integrated by streetscape amenities. Policies LU 6.8.1 Urban Form Establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/ nodes and connecting corridors. (Imp 1.1) LU 6.8.2 Component Districts Lido Village and McFadden Square should be emphasized as the primary activity centers of the northern portion of the Peninsula, linked by corridors of retail and visitor -serving uses along Newport Boulevard and a mix of marine -related and residential uses on the Bay frontage. These surround a residential core in the inland section of Cannery Village. Balboa Village will continue to serve as the primary center of the lower Peninsula, surrounded by residential neighborhoods along and flanking Balboa Boulevard. (Imp 1.1) Newport Beach General Plan Land Use Element LU 6.8.3 Marine -Related Businesses Protect and encourage marine -related businesses to locate and expand on the Peninsula unless present and foreseeable future demand for such facilities is already adequately provided for in the area. (Imp 2.1, 24. >) LU 6.8.4 Shared Parking Facilities Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. (Imp 16.10) LU 6.8.5 Quality of Place/Streetscapes Develop a plan and work with property owners and businesses to fund and implement streetscape improvements that improve Balboa Peninsula's visual quality, image, and pedestrian character. This should include well-defined linkages among individual districts, between the ocean and Bay, and along the Bay frontage, as well as streetscape and entry improvements that differentiate the character of individual districts. (Imp 20.1) Illustrates streetscape amenities including wide sidewalks, trees providing shade for pedestrians, benches and outdoor seating, and pedestrian -scaled signage and lighting. LU 6.8.6 Historic Character Preserve the historic character of Balboa Peninsula's districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with the scale, mass, and materials of existing structures, while allowing opportunities for architectural diversity. (Imp 2.1) LU 6.8.7 Property Improvement Provide incentives for and work with property owners to improve their properties and achieve the community's vision for the Balboa Peninsula. (Imp 24.1, 29.1) Newport Beach General Plan Land Use Element Lido Village [designated as "MU -W2," "CM(0.3)," "RM(20/ac)," and "PI(0.75)," refer to Figure LU 19] Goal LU 6.9 A pedestrian -oriented village environment that reflects its waterfront location, providing a mix of uses that serves visitors and local residents. Policies LAND USES LU 6.9.1 Priority Uses Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor -serving and retail commercial, small lodging facilities (bed and breakfasts, inns), and mixed-use buildings that integrate residential with retail uses [areas designated as "MU -W2", Subarea "A"]. A portion of the Harbor frontage and interior parcels (Subarea "B") may also contain multi -family residential [designated as "RM(20/ac)"], and the parcel adjoining the Lido Isle Bridge, a recreational and marine commercial use [designated as "CM(0.3)"]. (Imp 2.1, 24.1) LU 6.9.2 Discouraged Uses Discourage the development of new office uses on the ground floor of buildings that do not attract customer activity to improve the area's pedestrian character. (Imp 2.1) Cannery Village Interior Parcels [designated as "MU -H4," Figure LU19, Sub -Area C] Goal LU 6.10 A pedestrian -oriented residential neighborhood that provides opportunities for live/work facilities and supporting retail uses. Newport Beach General Plan Land Use Element Figure LU19 Balboa Peninsula Lido Village/Cannery Village/McFadden Square Pg 1-8.5x11 color Newport Beach General Plan \�— \\\�Y AVE. N\> .\ .� F \vy\\`\X`` \ CN 0.3 . TURNING f' s ' _7 MUM2 BASIN U� 7 ST I MUN RM 20/AC CM� 318T _ __STREET -30TH , aCE- 7. T y PF a, a \\I RE 29TH - -STET 28TH ST_ ISHIPYARD WAY MUM S / 9 T ✓ ' z\ /i( iR �A s ti< C i \\ MU -W2' \ p cc t O ` r U I--- \ CN. 0 5' ! I ' BL LAND USE POLICY Mixed Uses, Visitor -Serving and Retail Commercial, Overnight Lodging Facilities O General and Neighborhood Commercial © Multi -Family Residential / Mixed Use VerticalVisitor-Serving and Marine -Related Commercial or Mixed Use C Mixed Use Permitted in any Location and Required at Street Intersections, ' Multi Family Residential and Townhomes - any location except Intersections Visitor -Serving Commercial * Intersections: Mixed Use or Commercial Figure_LU19_Balboa_Peninsula.mxd 03/12/2014 CITY of NEWPORT BEACH GENERALPLAN Figure LU 19 BALBOA PENINSULA LIDO VILLAGE/ CANNERY VILLAGE/ MC FADDEN SQUARE Sub -Area Tidelands and submerged Ian A City Boundary Highway E f � 4 V Feet 0 250 500 Source: City of Newport Beach and EIP Associates PROJECT NUMBER: 10579-01 Date: 08/03/06 Pg 28.5x11 color Land Use Element Newport Beach General Plan Land Use Element Policies LAND USES LU 6.10.1 Priority Uses Allow multi -family residential and mixed-use buildings that integrate residential above retail or live -work units throughout Cannery Village. Require mixed-use, live -work, or commercial buildings to be developed on corner parcels. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.10.2 Residential Character and Architecture Require that residential buildings be designed to contribute to an overall neighborhood character, locating buildings along the street frontage to form a continuous or semi -continuous building wall. (Imp 2.1) LU 6.10.3 Specific Plan Guidelines Utilize design and development guidelines for Cannery Village identified in the Cannery Village/McFadden Square Specific Plan. (Imp 3.1) Bayfront Parcels [designated as "MU -W2," Figure LU19, Sub -Area E] LU 6.11 A water -oriented district that contains uses that support and benefit from its location fronting onto the bay, as well as provides new opportunities for residential. Policies LAND USES LU 6.11.1 Priority Uses Accommodate water -oriented commercial uses that support harbor recreation and fishing activities, and mixed-use structures with residential above ground - level water -oriented uses. (Imp 2.1, 8.1, 21.2) McFadden Square, West and East of Newport Boulevard [designated as "MU -W2," Figure LU 19, Sub -Area E] Goal LU 6.12 A pedestrian -oriented village that reflects its location on the ocean, pier, and bay front, serving visitors and local residents. Newport Beach General Plan Land Use Element Policies LAND USES LU 6.12.1 Priority Uses Accommodate visitor- and local -serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations, as well as mixed-use buildings that integrate residential with ground level retail. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.12.2 Specific Plan Guidelines Utilize design and development guidelines for McFadden Square identified in the Cannery Village/McFadden Square Specific Plan. (Imp 2.1) Balboa Village Goal LU 6.13 An economically viable pedestrian -oriented village that serves local residents and visitors and provides residential in proximity to retail uses, entertainment, and recreation. Policies PRIORITY USES (refer to Figure LU20) LU 6.13.1 Village Core [designated as `2 U -T, Sub Area `B'y Encourage local- and visitor -serving retail commercial and mixed-use buildings that integrate residential with ground -level retail or office uses on properties. (Imp 2.1) Newport Beach General Plan Land Use Element Figure LU20 Balboa Village Pg 1-8.5x11 color Newport Beach General Plan U LLI Z W m Q O 0Q 0 L �J d -1 i W W 30 z z O' m _ W V- J O CD m U V A - co 4Q SWbo� U� W C N am ry (Q LL O O C fQ �' co (a N E -0 M � c d LC O f6 Q (B N m I J OE �L J (nP vliU= -a O V A - co 4Q SWbo� U� W C N am ry (Q LL O O U co N E o 2 J U -a O E `�' U) cul o O� > N m of Z Q © J Pg 2-8.5x11 color Land Use Element Newport Beach General Plan Land Use Element LU 6.13.2 Bay Frontage [designated as "CV(0.75)"Sub-Ates AJ Prioritize water -dependent, marine -related retail and services and visitor -serving retail. (Imp 2.1, 24.1) LU 6.13.3 Commercial Properties out of Village Core [designated as 'Wl' Sub - Area CJ Promote re -use of isolated commercial properties on Balboa Boulevard for residential units. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.13.4 Streetscapes Promote the completion of enhancements to Balboa Village's streetscapes to enhance the area's visual quality and character as a pedestrian -oriented environment. (Imp 20.1) STRATEGY LU 6.13.5 Rebuilding of Nonconforming Structures Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their pre-existing intensity and, at a minimum, pre-existing number of parking spaces. (Imp 2.1) LU 6.13.6 Enhancing Balboa Village's Viability and Character Provide incentives for owners to improve their properties, to develop retail uses that serve adjoining residential neighborhoods, and retain and develop marine - related uses along the harbor frontage. (Imp 24.1) Newport Center/Fashion Island Newport Center/Fashion Island 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. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. Newport Center Drive, a ring road that surrounds Fashion Island, connects to a number of interior roadways that provide access to the various sites within the Center and to the four major arterials that service this development. High-rise office and hotel buildings to the north of the Center form a visual background for lower rise buildings and uses to the south and west. Interspersed in the Newport Center area are two hotels, public and semi-public uses including the Newport Beach Police and Fire Departments and Orange County Museum of Art, and entertainment uses (along the perimeter of Newport Center Drive). It is also the location of a transportation center, located at San Joaquin Hills Road and MacArthur Boulevard. Multi -family residential is located east of the Police Department. Lands adjacent to Coast Highway and Jamboree Road are developed for the Newport Beach Country Club and Balboa Bay Tennis Club, with adjoining single-family attached residential uses. Newport Beach General Plan Land Use Element Newport Center commercial, office, hotel, and residential 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. The latter also contain internal pedestrian circulation networks surrounded by parking and are disconnected from adjoining districts. Early in the 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. Policy Overview The General Plan provides for additional retail opportunities at Fashion Island and hotel rooms and housing units in Newport Center. Office development would be limited to the expansion of existing rather than new buildings. Emphasis is placed on the improvement of the area's pedestrian character, by improving connectivity among the "superblocks," installing streetscape amenities, and concentrating buildings along Newport Center Drive and pedestrian walkways and public spaces. Newport Beach General Plan Land Use Element Goal LU 6.14 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. Policies LAND USES [refer to Figure LU21] LU 6.14.1 Fashion Island ["CR"designadon] Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment and supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. A maximum of 213,257 square feet of retail development capacity specified by Table LU2 (Anomaly Locations) may be reallocated for other permitted uses in Newport Center, provided that the peak hour vehicle trips generated do not exceed those attributable to the underlying retail entitlement. The Planning Director shall revise this number upon approval of the transfer or conversion of the retail development capacity with approval by the City Council. (Imp 2.1) LU 6.14.2 Newport Center [`MU --H3," "COR," "COM, "and `RM"designations] Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.14.3 Transfers of Development Rights Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. (Imp 2.1) 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) LU 6.14.5 Urban Form Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1) Newport Beach General Plan Land Use Element Figure LU21 Newport Center/Fashion Island Pg 1-8.5x11 color Newport Beach General Plan LL a v �4 a w Z �o w Co N J O W JUS J < ��z XO z z a' o E CL w 16 C7 w L } z Ca) V a) ,O �� LL a v �4 a a o c E 0 � ( 0 C O Q Ca) o a) ,O �� 3 Q 4 4 m° + C N a D V)i= U D = C gut LL a v �4 a a o w c m w 0 s z o p 6d N a D e O rn O L6 G Y a 62 0 a OM 0 b � � LL � � a = V O Fr o- Pg 28.5x11 color Land Use Element Newport Beach General Plan Land Use Element Airport Area The Airport Area encompasses the properties abutting and east of (JWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine (UCI). This proximity has influenced the area's development with uses that support JWA and UCI, such as research and development, high technology industrial and visitor -serving uses, such as hotel and car rental agencies. A mix of low-, medium-, and high-rise office buildings predominate, with lesser coverage of supporting multi -tenant commercial, financial, and service uses. A number of buildings are occupied by corporate offices for industry and financial uses. Koll Center, at MacArthur Boulevard and Jamboree Road, was developed as a master planned campus office park. Manufacturing uses occupy a small percentage of the Airport Area. Three large hotels have been developed to take advantage of their proximity to JWA, local businesses, and those in the nearby Irvine Business Complex. The area immediately abutting JWA, referred to as the "Campus Tract," contain a diverse mix of low intensity industrial, office, and airport -related uses, including a number of auto -related commercial uses including carwash, auto -detailing, rental, repair, and parts shops. In comparison to properties to the east, this area is underutilized and less attractive. Office in Airport Area Hotel in Airport Area Development in the Airport Area is restricted due to the noise impacts of JWA. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise -sensitive" uses. Additionally, building heights are restricted for aviation safety. Recent development activity in the City of Irvine's Business Complex to the north has included the transfer of development rights, bringing more intense development closer to the Airport Area and resulting in the conversion of office to residential entitlement. This activity is changing the area to a mixed-use center. Through the Visioning process and preparation of the General Plan, the public preferred revitalization of the Airport Area with income -generating land uses. Generally, a range of development types were acceptable as long as traffic is not adversely affected. However, a majority believed that the Airport Area is urban in character, different than other City neighborhoods. Additional density and traffic congestion were considered more acceptable here than other parts of the City. There was strong support for new hotels and broad consensus on mixed-use development with residential and revenue - generating uses. Newport Beach General Plan Land Use Element Policy Overview The General Plan provides for the development of office, industrial, retail, and airport -related businesses in the Airport Area, as well as the opportunity for housing and supporting services. The latter would be developed as clusters of residential villages centering on neighborhood parks and interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate housing with ground -level convenience retail uses and would be developed at a sufficient scale to achieve a "complete" neighborhood. Housing and mixed-use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher. Over time, commercial and industrial properties located in the Campus Tract would be revitalized including street frontage landscape and other improvements. LU 6.15 A mixed-use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitate walking and enhance livability. Policies URBAN FORM AND STRUCTURE [refer to Figure LU22] LU 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1. 1, 2.1) LU 6.15.2 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development. (Imp 2. 1, 24.1) LU 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JVA Master Plan. (Imp 2.1, 3.1, 4.1, 14.3) Newport Beach General Plan Land Use Element Figure LU22 Airport Area Pg 1-8.5x11 color Newport Beach General Plan 2 U Q CO Z N Q Q N LU Q W F - z z �_ a o 0 LLQ U N ` N 2 1 BLVD N S N_ 2 Z �o 0o - a w a0 m" O c r N Ln (6 E N N L 2` Z O Z c ca Qnc m m W co O Q O O Q c>� N O C 3:Z C O Uo N n Uma �_ cm ) J� 0) 2 o coU a) T- U) o N ` N 2 1 BLVD N S N_ 2 Z U � � ��✓�- I �% Mai 4z�' 'QCCQ.. O J �o 0o - a w a0 m" o r 3 � w N _ m Z � pz 2` Z U U O W rnK a U � � ��✓�- I �% Mai 4z�' 'QCCQ.. O J Pg 28.5x11 color Land Use Element Newport Beach General Plan Land Use Element Mixed -Use Districts [Subarea C, "MU -H2" designation] PRIMARY/UNDERLYING LAND USES LU 6.15.4 Priority Uses Accommodate office, research and development, and similar uses that support the primary office and business park functions such as retail and financial services, as prescribed for the "CO -G" designation, while allowing for the re -use of properties for the development of cohesive residential villages that are integrated with business park uses. (Imp 2.1) RESIDENTIAL VILLAGES LAND USES LU 6.15.5 Residential and Supporting Uses Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. (Imp 2.1) MINIMUM SIZE AND DENSITY LU 6.15.6 Size of Residential Villages refer to Figure LU23J Allow development of mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights-of-way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22 shall be exempt from the 5 -acre minimum, but a conceptual development plan described in Policy LU 6.15.11 shall be required. (Imp 2.1, 3. 1, 4.1) Newport Beach General Plan Land Use Element LU 6.15.7 Overall Density and Housing Types Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights-of-way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high-rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. (Imp 2.1, 3.1, 4.1) LU 6.15.8 First Phase Development Density Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed-use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. (Imp 2.1, 3.1, 4.1) LU 6.15.9 Subsequent Phase Development Location and Density Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. (Imp 2.1, 3.1, 4.1) STRATEGY AND PROCESS LU 6.15.10 Regulatory Plans Require the development of a regulatory plan for each residential village, which shall contain a minimum of 10 acres, to coordinate the location of new parks, streets, and pedestrian ways; set forth a strategy to accommodate neighborhood - serving commercial uses and other amenities; establish pedestrian and vehicular connections with adjoining land uses; and ensure compatibility with office, industrial, and other nonresidential uses. (Imp 2.1, 3.1, 4.1, 13.1) Newport Beach General Plan Land Use Element Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram Pg 1-8.5x11 color Newport Beach General Plan LU2 tiilF(.+ CA Wi =i �! f # # # p� # Ys J'y r J mxd J kN' CITY of NEWPORT BEACH GENERAL PLAN Figure LU23 AIRPORT AREA RESIDENTIAL VILLAGES ILLUSTRATIVE CONCEPT DIAGRAM Legend OPPORTUNITY SITES PROPOSED OPEN SPACES IMPROVED RESIDENTIAL STREETS PROPOSED RESIDENTIAL STREETS tirrt PROPOSED PEDESTRIAN WAYS o - • 65 CNEL NOISE CONTOUR' —. — CONCEPTUAL PLAN REQUIRED The 65 CNEL Noise Contour is shown for illustrative purposes only. Source: ROMA Design Group PROJECT NUMBER: 10579-01 Date: 08/03/06 EIP Pg 2-8.5x11 color Land Use Element Newport Beach General Plan Land Use Element LU 6.15.11 Conceptual Development Plan Area Require the development of one conceptual development plan for the area depicted on Figure LU22, should residential units be proposed on any property within this area. This plan shall demonstrate the compatible and cohesive integration of new housing, parking structures, open spaces, recreational amenities, pedestrian and vehicular linkages, and other improvements with existing nonresidential structures and uses. To the extent existing amenities are proposed to satisfy Neighborhood Park requirements, the plan shall identify how these amenities will meet the recreational needs of residents. Each residential village in the Conceptual Development Plan Area shall also comply with all elements required for regulatory plans defined by Policy 6.15.10. (Imp 2.1, 3.1, 4.1) LU 6.15.12 Development Agreements A Development Agreement shall be required for all projects that include infill residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, and location of the housing units. (Imp 2. 1, 3.1, 4.1, 13.1) DESIGN AND DEVELOPMENT Neighborhood Parks LU 6.15.13 Standards To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights-of-way) of the first phase development in each neighborhood, or'A acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. (Imp 2.1, 3.1, 4.1, 23. 1, 30.2) Newport Beach General Plan Land Use Element Illustrates integration of public parks in high density residential developments. Parks are surrounded by streets and incorporate a diversity of active and passive recreational facilities LU 6.15.14 Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on -street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. (Imp 2.1, 3.1, 4.1) LU 6.15.15 Aircraft Notification Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. (Imp 23.2) On -Site Recreation and Open Space LU 6.15.16 Standards Require developers of multi -family residential developments on parcels 8 acres or larger to provide on-site recreational amenities. For these developments, 44 square feet of on-site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On-site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on-site recreational amenities, the developer shall be required to pay cash in -lieu that would be used Newport Beach General Plan Land Use Element to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on-site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on-site open space shall not exceed 30 percent of the parkland dedication requirements. (Imp 2.1, 3.1, 4.1, 30.2) Streets and Pedestrian Ways LU 6.15.17 Street and Pedestrian Grid Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. (Imp 3. 1, 4.1, 16.1) LU 6.15.18 Walkable Streets Retain the curb -to -curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short-term parking for visitors and shop customers. (Imp 3.1, 4.1, 16.1, 20.1) Illustrates pedestrian oriented multi -family residential streets with wide sidewalks, on -street parking, parkways, and units fronting onto streets. LU 6.15.19 Connected Streets Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intended connectivity. If traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. (Imp 16.1) LU 6.15.20 Pedestrian Improvements Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. To maintain an intimate scale and Newport Beach General Plan Land Use Element to shade the path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian ways shall be open to the public at all hours. (Imp 96.19) Parking and Loading LU 6.15.21 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on -street parking. (Imp 2.1) Relationship of Buildings to Street LU 6.15.22 Building Massing Require that high-rise structures be surrounded with low- and mid -rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. (Imp 3.1, 4.1) LU 6.15.23 Sustainable Development Practices Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs -generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on-site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss. (Imp 3.1, 4.1, 16.11, 17.1, 19.1) Campus Tract ["AO" designation Sub -Area B] LAND USES LU 6.15.24 Primary Uses Accommodate professional office; aviation retail; automobile rental, sales, and service, subject to discretionary review of the Planning Commission; hotels; and ancillary retail, restaurant, and service uses that are related to and support the functions of John Wayne Airport, as permitted by the "AO" designation. (Imp 2.1) STRATEGY LU 6.15.25 Economic Viability Provide incentives for lot consolidation and the re -use and improvement of properties located in the "Campus Tract," west of Birch Street. (Imp 2.1, 24.1) LU 6.15.26 Automobile Rental and Supporting Uses Work with automobile rental and supporting uses to promote the consolidation and visual improvement of auto storage, service, and storage facilities. (Imp 24.1) Newport Beach General Plan Land Use Element LU 6.15.27 Site Planning and Architecture Encourage and, when property improvements are subject to discretionary review, require property owners within the Campus Tract to upgrade the street frontages of their properties with landscape, well-designed signage, and other amenities that improve the area's visual quality. (Imp 3.1, 7.1, 8.1,) Commercial Nodes ["CG" designation Sub -Area C—part] LU 6.15.28 Priority Uses Encourage the development of retail, financial services, dining, hotel, and other uses that support the John Wayne Airport, the Airport Area's office uses, and, as developed, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node. (Imp 2. 1, 24.1) Commercial Office District ["CO -G" designation Sub -Area C—part] LU 6.15.29 Priority Uses Encourage the development of administrative, professional, and office uses with limited accessory retail and service uses that provide jobs for residents and benefit adjoining mixed-use districts. (Imp 2.1, 24.1) Corridors Corridors share common characteristics of Districts by their identifiable functional role, land use mix, density/intensity, physical form and character, and/or environmental setting. They differ in their linear configuration, generally with shallow -depth parcels located along arterial streets. They are significantly impacted by traffic, often inhibiting access during peak travel periods. Their shallow depths make them unsuitable for many contemporary forms of commercial development that require large building footprints and extensive parking. While the City is crossed by a number of commercial corridors, the General Plan's policies focus on those in which change is anticipated to occur during the next 20 years. Additionally, they provide guidance for the maintenance of a number of corridors in which it is the objective to maintain existing types and levels of development. Development in each corridor will adhere to policies for land use type and density/intensity (LU 4.1, Table LU1) and community character (LU 5.0), except as specified in this section of the Plan. LU 6.16 Development along arterial corridors that is compatible with adjoining residential neighborhoods and open spaces, is well designed and attractive, minimizes traffic impacts, and provides adequate parking. Newport Beach General Plan Land Use Element Policies LU 6.16.1 Efficient Parcel Utilization Promote the clustering of retail and hotel uses by the aggregation of individual parcels into larger development sites through incentives such as density bonuses or comparable techniques. (Imp 2.1, 24.1) LU 6.16.2 Private Property Improvements Work with property owners to encourage the upgrade of existing commercial development including repair and/or repainting of deteriorated building surfaces, well-designed signage that is incorporated into the architectural style of the building, and expanded landscaping. (Imp 24.1) LU 6.16.3 Property Access Minimize driveways and curb cuts that interrupt the continuity of street -facing building elevations in pedestrian -oriented districts and locations of high traffic volumes, prioritizing their location on side streets and alleys, where feasible. (Imp 2.1) LU 6.16.4 Shared Parking Facilities Work with property owners and developers to encourage the more efficient use of parcels for parking that can be shared by multiple businesses. (Imp 16.10) LU 6.16.5 Compatibility of Business Operations with Adjoining Residential Neighborhoods Work with local businesses to ensure that retail, office, and other uses do not adversely impact adjoining residential neighborhoods. This may include strategies addressing hours of operation, employee loitering, trash pickup, truck delivery hours, customer arrivals and departures, and other activities. (Imp 8.2) LU 6.16.6 Design Compatibility with Adjoining Residential Neighborhoods Require that building elevations facing adjoining residential units be designed to convey a high-quality character and ensure privacy of the residents, and that properties be developed to mitigate to the maximum extent feasible impacts of lighting, noise, odor, trash storage, truck deliveries, and other business activities. Building elevations shall be architecturally treated and walls, if used as buffers, shall be well-designed and landscaped to reflect the area's residential village character. (Imp 2.1) West Newport The West Newport Coast Highway Corridor extends from Summit Street to just past 60th Street. It is a mixed commercial and residential area, with the former serving the adjoining Newport Shores residential neighborhood, the West Newport residential neighborhood south of Coast Highway, and beach visitors. Commercial uses are concentrated on the north side of Coast Highway at the Orange Street intersection and east of Cedar Street to the Semeniuk Slough. Intervening areas are developed with a mix of multi -family apartments and, west of Grant Avenue, mobile and manufactured homes. Newport Beach General Plan Land Use Element Primary commercial uses include community -related retail such as dry cleaners, liquor store, deli, and convenience stores, as well as a few visitor -serving motels, dine -in, family -style restaurants, and fast- food establishments. Generally, they are developed on shallow parcels of substandard size and configuration due to past widening of West Coast Highway and contain insufficient parking. Many of the commercial buildings appear to have been constructed in the 1960s to 1980s, although some motels have been recently upgraded. A portion of the mobile homes are situated along Semeniuk Slough and the Army Corps restored wetlands, while a number of the single-family homes outside the area are also located along the Slough. A mobile home park containing older units, many of which appear to be poorly maintained, is located on the westernmost parcels and a portion of the tidelands. This site serves as the "entry" to the City and as a portal to the proposed Orange Coast River Park. This area is regulated by an adopted Specific Plan, which was intended to promote its orderly development and provide service commercial uses for nearby residences. Residential in West Newport Commercial in West Newport The visioning process found that the West Newport Corridor is among those that require revitalization. Clustering of commercial uses to enhance their economic vitality and improve the appearance of the area was supported, as was the improvement of the quality of commercial development on the Highway. Redevelopment of the westernmost parcel occupied by a trailer park was a high priority for the neighborhood. Policy Overview The General Plan provides for the improvement of Coast Highway fronting properties in West Newport by concentrating local and visitor -serving retail in two centers at Prospect Street and Orange Street with expanded parking, enhancing existing and allowing additional housing on intervening parcels, and developing a clearly defined entry at its western edge with Huntington Beach. The latter may include improvements that would support the proposed Orange Coast River Park. LU 6.17 A corridor that includes a gateway to the City with amenities that support the Orange Coast River Park, as well as commercial clusters that serve local residents and coastal visitors at key intersections, interspersed with compatible residential development. Newport Beach General Plan Land Use Element Policies LAND USES [refer to Figure LU24] LU 6.17.1 Western Entry Parcel [designated as `9M(26/ac)"and `IZM/0S(85du)1J Work with community groups and the County to facilitate the acquisition of a portion or all of the property as open space, which may be used as a staging area for Orange Coast River Park with parking, park -related uses, and an underpass to the ocean. As an alternative, accommodate multi -family residential on all or portions of the property not used for open space. (Imp 14.3, 29.1) STRATEGY LU 6.17.2 Improved Visual Image and Quality Implement streetscape improvements to enhance the area's character and image as a gateway to Newport Beach and develop a stronger pedestrian environment at the commercial nodes. (Imp 20.1) LU 6.17.3 Streetscape Require that upgraded and redeveloped properties incorporate landscaped setbacks along arterial streets to improve their visual quality and reduce impacts of the corridor's high traffic volumes. (Imp 2.1) Old Newport Boulevard Old Newport Boulevard was formerly the primary roadway leading into the city from the north, containing a diversity of highway -oriented retail and office uses. Shifting of vehicle trips to the parallel (new) Newport Boulevard reduced the corridor's traffic volumes and economic vitality, resulting in significant changes in its land use mix. Newport Beach General Plan Land Use Element Figure LU24 West Newport Pg 1-8.5x11 color Newport Beach General Plan U w FZ F - QJ of �a 0.. Q J W of 2Z LLI UJ F- /Wu co wo O U` F' U kr¢ 5 vP cr � Q w STREET rm � I-' r O oll � OV a_ W i f1/ '� LL •N L Q � U N M E U Q � Q•O 0) O O co C cn N co LL LO r O C c6 fB cu CU 'O N NE 0-1 >,E = O EU (6 LL L .-L ( C � i� O C � O N O _U —j U) J OO 0- Z0 a W cu UO U) -U) ZI E LL O N 0 0 �I Z CD (B ; -COO CU co m Q co (D U) P no kr¢ 5 vP cr � Q w STREET rm � I-' r O oll � OV a_ W i f1/ '� LL •N L Q � U N M E U Q � Q•O 0) O O co C cn N co LL LO r O C c6 fB cu CU 'O N NE 0-1 >,E = O EU (6 LL L .-L ( C � i� O C � O N O _U —j U) J OO 0- Z0 a W cu UO U) -U) ZI E LL O N 0 0 �I Z Pg 2-8.5x11 color Land Use Element Newport Beach General Plan Land Use Element Office and retail on Old Newport Boulevard The corridor is abutted by residential neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily developed with commercial and professional offices. Secondary uses include personal services, restaurants, and specialty shopping such as home furnishing stores and beauty salons. Most specialty retail appears to occupy converted residential buildings. A number of auto -related businesses and service facilities are located in the corridor. Many of these are incompatible with the predominant pattern of retail service and office uses. Medical office uses have expanded considerably during recent years, due to the corridor's proximity to Hoag Hospital, which is expanding its buildings and facilities. This corridor does not exhibit a pedestrian -oriented character. While there are some walkable areas, Newport Boulevard is wide and there is a mix of uses and lot configurations that do not create a consistent walkway. Development in the area is guided by the Old Newport Boulevard Specific Plan District that includes design guidelines and development standards providing for the orderly development of property. Newport Beach General Plan Land Use Element Little public input was received pertaining to Old Newport Boulevard during the General Plan's preparation. In general, the preservation of the status quo was supported. Although, the public supported the development of mixed-use buildings that integrate residential with ground floor retail and townhomes on the east side of Old Newport Boulevard as a transition with adjoining residential neighborhoods. Policy Overview In the Old Newport Boulevard area, the General Plan provides for the development of professional offices, retail, and other uses that support Hoag Hospital, and retail uses serving adjoining residential neighborhoods. Pedestrian walkways within and connections west to Hoag Hospital would be improved and streetscapes installed. oai LU 6.18 A corridor of uses and services that support Hoag Hospital and adjoining residential neighborhoods. Policies LAND USES [designated as "CO -G(0.5)," refer to Figure LU25] LU 6.18.1 Priority Uses Accommodate uses that serve adjoining residential neighborhoods, provide professional offices, and support Hoag Hospital. (Imp 2.1) LU 6.18.2 Discouraged Uses Highway -oriented retail uses should be discouraged and new "heavy" retail uses, such as automobile supply and repair uses, prohibited. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.18.3 Property Design Require that buildings be located and designed to orient to the Old Newport Boulevard frontage, while the rear of parcels on its west side shall incorporate landscape and design elements that are attractive when viewed from Newport Boulevard. (Imp 2.1) LU 6.18.4 Streetscape Design and Connectivity Develop a plan for streetscape improvements and improve street crossings to facilitate pedestrian access to Hoag Hospital and discourage automobile trips. (Imp 20.1) Newport Beach General Plan Land Use Element Figure LU25 Old Newport Boulevard Pg 1-8.5x11 color Newport Beach General Plan U LU Qz o J COLo C _ � O Jp 3i c ma Ww z z z _ W LL � � 0 O U U v J ie Q 0 N � C U J ie U J U Q � C 0 � Z � Q O p—palq». d--'N—PIU..,. 01-q—,q.ud"IN a 11"IdSSID •4 Pg 2-8.5x11 color Land Use Element Newport Beach General Plan Land Use Element M arin ers' M ile Mariners' Mile is a heavily traveled segment of Coast Highway extending from the Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of highway -oriented retail and marine - related commercial uses. The latter are primarily concentrated on bay -fronting properties and include boat sales and storage, sailing schools, marinas, visitor -serving restaurants, and comparable uses. A large site is developed with the Balboa Bay Club and Resort, a hotel, private club, and apartments located on City tidelands. A number of properties contain nonmarine commercial uses, offices, and a multi -story residential building. Harbor, retail, and visitor -serving uses in Mariners' Mile Inland properties are developed predominantly for highway -oriented retail, neighborhood commercial services. A number of sites contain automobile dealerships and service facilities and neighborhood - serving commercial uses. The latter includes salons, restaurants, apparel, and other specialty shops ranging from wine stores to home furnishings stores. While single use free-standing buildings predominate, there are a significant number of multi -tenant buildings that combine a number of related or complementary uses in a single building or buildings that are connected physically or through design. The Mariners' Mile Strategic Vision and Design Plan provides for the area's evolution as a series of districts serving visitors and local residents. Along the northern portion of Coast Highway in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street, it provides for a pedestrian -friendly retail district. In the western and easternmost segments, the Plan provides for the infill of the auto - Newport Beach General Plan Land Use Element oriented retail and visitor -serving commercial uses. Along the Harbor frontage, the Vision and Design Plan emphasizes the development of Harbor -related uses and proposes a continuous pedestrian promenade to create a vibrant public waterfront. Throughout the corridor, the Plan proposes to upgrade its visual character with new landscaping and streetscape amenities, as well as improvements in private development through standards for architecture and lighting. Plans provide for the widening of Coast Highway, reducing the depth of parcels along its length. Recent development projects have set back their buildings in anticipation of this change. Traffic along the corridor and the potential for widening also impact the ability to enhance pedestrian activity and streetscape improvements, unless overhead pedestrian crossings are considered. Visioning process participants identified Mariners' Mile as a location that needs revitalization and suggested that an overall vision be defined to meet this objective. It was also defined as a location appropriate for mixed-use development integrating residential and commercial or office space. A majority opposed hotel development in Mariners' Mile. Participants were divided on the questions of preserving opportunities for coastal -related uses in Mariners' Mile and whether the City should require or offer incentives to ensure such uses. Property owners noted that high land values and rents limit the number of marine -related uses that can be economically sustained in the area. Although the public supported the development of residential in Mariners' Mile, there was a difference of opinion regarding whether it should be located on the Harbor frontage or limited it to inland parcels. Policy Overview The General Plan provides for the enhanced vitality of the Mariners' Mile corridor by establishing a series of distinct retail, mixed-use, and visitor -serving centers. Harbor -fronting properties would accommodate a mix of visitor -serving retail and marine -related businesses, with portions of the properties available for housing and mixed-use structures. View and public access corridors from Coast Highway to the Harbor would be required, with a pedestrian promenade developed along the length of the Harbor frontage. Parcels on the inland side of Coast Highway, generally between Riverside Avenue and the southerly projection of Irvine Avenue, would evolve as a pedestrian - oriented mixed-use "village" containing retail businesses, offices, services, and housing. Sidewalks would be improved with landscape and other amenities to foster pedestrian activity. Inland properties directly fronting onto Coast Highway and those to the east and west of the village would provide for retail, marine -related, and office uses. Streetscape amenities are proposed for the length of Mariners' Mile to improve its appearance and identity. LU 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. Newport Beach General Plan Land Use Element Policies STRUCTURE LU 6.19.1 Differentiated Districts Differentiate and create cohesive land use districts for key subareas of Mariners' Mile by function, use, and urban form. These should include (a) harbor -oriented uses with limited residential along the waterfront, (b) highway -oriented commercial corridor (see Figure LU26), and (c) community/neighborhood- serving "village" generally between Riverside Avenue and the southerly extension of Irvine Avenue. (Imp 1. 1, 2.1) LAND USES (refer to Figure LU26) LU 6.19.2 Bay Fronting Properties [designated as `MU--W1"SubArea AJ Encourage marine -related and visitor -serving retail, restaurant, hotel, institutional, and recreational uses, and allow residential uses above the ground floor on parcels with a minimum frontage of 200 lineal feet where a minimum of 50 percent of the permitted square footage shall be devoted to nonresidential uses. No more than 50 percent of the waterfront area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed-use structures. (Imp 2.1, 5.1, 24.1) LU 6.19.3 Marine -Related Businesses Protect and encourage facilities that serve marine -related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal -dependent industrial uses to locate or expand within existing sites and allow reasonable long- term growth. (Imp 2.1, 5.1, 24.1) LU 6.19.4 Inland side of Coast Highway [designated as `112U -H1," "CG(0.3),"and "CG(0.5)"Sub-Areas B and CJ Accommodate a mix of visitor- and local -serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to nonresidential uses. On inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. (Imp 2.1, 5.1) LU 6.19.5 Parking Require adequate parking and other supporting facilities for charters, yacht sales, visitor -serving, and other waterfront uses. (Imp 2.1, 5.1) Newport Beach General Plan Land Use Element DESIGN AND DEVELOPMENT Corridor LU 6.19.6 Corridor Identity and Quality Implement landscape, signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent with the Mariners' Mile Specific Plan District and Mariners' Mile Strategic Vision and Design Plan. (Imp 20.1) Harbor -Fronting Properties LU 6.19.7 Architecture and Site Planning While a diversity of building styles is encouraged, the form, materials, and colors of buildings located along the harbor front should be designed to reflect the area's setting and nautical history. (Imp 8.1, 8.2) LU 6.19.8 Integrating Residential -Site Planning Principles Permit properties developed for residential to locate the units along the Harbor frontage provided that portions of this frontage are developed for (a) retail, restaurant, or other visitor -serving uses and (b) plazas and other open spaces that provide view corridors and access from Coast Highway to the Harbor. The amount of Harbor frontage allocated for each use shall be determined by the City during the Development Plan review process. (Imp 2.1, 5.1) LU 6.19.9 Harbor and Bay Views and Access Require that buildings be located and sites designed to provide clear views of and access to the Harbor and Bay from the Coast Highway and Newport Boulevard rights-of-way in accordance with the following principles, as appropriate: Clustering of buildings to provide open view and access corridors to the Harbor Modulation of building volume and masses Variation of building heights Inclusion of porticoes, arcades, windows, and other "see-through" elements in addition to the defined open corridor Minimization of landscape, fencing, parked cars, and other nonstructural elements that block views and access to the Harbor Prevention of the appearance of the public right-of-way being walled off from the Harbor Inclusion of setbacks that in combination with setbacks on adjoining parcels cumulatively form functional view corridors Encouragement of adjoining properties to combine their view corridors that achieve a larger cumulative corridor than would have been achieved independently Newport Beach General Plan Land Use Element Figure LU26 Mariners' Mile Pg 1-8.5x11 color Newport Beach General Plan U CO z Lli J_ ~ Q N a U) O JJ - <N LL L w WLu : Z z w LL o 0 � i' U 4 O L aenoa � . 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IS dq.,... �V P LL k LL 04 gab p spti'O �N i,1b E -q s E � / � I _ #ter •✓d � 5 Ib - 1 odM:?N w 3 BLVD � 1 1 � -O C � G � •Rf 0 ..0 C9 N C (B 0 O 70 0 L�5 z00LL- 2 O CL C E O U O cu O •2)o 5 LO �0 C E _M E �X � ECcc0) 0 0 C: 0 O -0 U) L.L 0 E U X•- a�i�J a o() O:N Mr x LLQi _E ((W/� �InN V! cu 0a5 to :D 02 L 0 �� m Z 0 Pg 28.5x11 color Land Use Element Newport Beach General Plan Land Use Element A site-specific analysis shall be conducted for new development to determine the appropriate size, configuration, and design of the view and access corridor that meets these objectives, which shall be subject to approval in the Development Plan review process. (Imp 2.1) LU 6.19.10 Waterfront Promenade Require that development on the bay frontage implement amenities that ensure access for coastal visitors. Pursue development of a pedestrian promenade along the Bayfront. (Imp 2.1, 20.2) Community/Neighborhood Village LU 6.19.11 Pedestrian -Oriented Village Require that inland properties that front onto internal streets within the Community/Neighborhood Village locate buildings along and forming a semi - continuous building wall along the sidewalk, with parking to the rear in structures or in shared facilities and be designed to promote pedestrian activity. (Imp 2. 1, 16.10) LU 6.19.12 Properties Abutting Bluff Faces Require that development projects locate and design buildings to maintain the visual quality and maintain the structural integrity of the bluff faces. (Imp 2.1) STRATEGY LU 6.19.13 Lot Consolidation on Inland Side of Coast Highway Permit development intensities in areas designated as "CG(0.3)" to be increased to a floor area ratio of 0.5 where parcels are consolidated to accommodate larger commercial development projects that provide sufficient parking. (Imp 2.1, 5.1) LU 6.19.14 Parking Lot Relocation Consider options for the relocation of the City parking lot on Avon Street to better support the corridor's retail uses. (Imp 16.10) LU 6.19.15 Postal Distribution Center Relocation Consider options for the relocation of the postal distribution center to reduce parking impacts in the immediate area. (Imp 14.14) LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. (Imp 16.10) Corona del Mar The Corona del Mar corridor extends along Coast Highway between Avocado Avenue and Hazel Drive. It is developed with commercial uses and specialty shops that primarily serve adjoining residential neighborhoods, with isolated uses that serve highway travelers and coastal visitors. Among Newport Beach General Plan Land Use Element the area's primary uses are restaurants, home furnishings, and miscellaneous apparel and professional offices including architectural design services. Almost half of the commercial uses are located in multi - tenant buildings with retail on the ground floor and professional services above. Other uses include the Sherman Library and Gardens, a research library and botanical garden open to the public, and an assisted -living residential complex. Buildings in the Corona del Mar corridor mostly front directly on and visually open to the sidewalks, with few driveways or parking lots to break the continuity of the "building wall" along the street. These, coupled with improved streetscape amenities, landscaped medians, and a limited number of signalized crosswalks, promote a high level of pedestrian activity. Views of Corona del Mar along Pacific Coast Highway The Corona del Mar Vision Plan, developed by the Business Improvement District, is intended to enhance the shopping district through community improvements. These envision a linear park -like environment with extensive sidewalk landscaping, street furniture, pedestrian -oriented lighting fixtures, activated crosswalks, parking lanes, and comparable improvements. Visioning process participants expressed support for protecting Corona del Mar as an important historic commercial center that serves adjoining neighborhoods. Policy Overview The General Plan sustains Corona del Mar as a pedestrian -oriented retail village that serves surrounding neighborhoods. New development largely would occur as replacement of existing uses and developed at comparable building heights and scale. Additional parking would be provided by the re -use of parcels at the rear of commercial properties and/or in shared parking lots or structures developed on Coast Hiphway. Goal In LU 6.20 A pedestrian -oriented "village" serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. Newport Beach General Plan Land Use Element Policies LAND USES [designated as "CC," refer to Figure LU27] LU 6.20.1 Primary Uses Accommodate neighborhood -serving uses that complement existing development. (Imp 2.1) LU 6.20.2 Shared Parking Structures Accommodate the development of structures that provide parking for multiple businesses along the corridor, provided that the ground floor of the street frontage is developed for pedestrian -oriented retail uses. (Imp 2.1, 16.10) LU 6.20.3 Expanded Parking Accommodate the redevelopment of residential parcels immediately adjoining commercial uses that front onto Coast Highway for surface parking, provided that adequate buffers are incorporated to prevent impacts on adjoining residential (see "Design and Development" below). (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.20.4 Pedestrian -Oriented Streetscapes Work with business associations, tenants, and property owners to implement Corona del Mar Vision Plan streetscape improvements that contribute to the corridor's pedestrian character. (Imp 20.1) STRATEGY LU 6.20.5 Complement the Scale and Form of Existing Development Permit new commercial development at a maximum intensity of 0.75 FAR, but allow existing commercial buildings that exceed this intensity to be renovated, upgraded, or reconstructed to their pre-existing intensity and, at a minimum, pre- existing number of parking spaces. (Imp 2.1) LU 6.20.6 Expanded Parking Opportunities Work with local businesses and organizations to explore other methods to provide parking convenient to commercial uses, such as a parking district or relocation of the City parking lot at the old school site at 4`'' Avenue and Dahlia Avenue. (Imp 16.10) Newport Beach General Plan Figure LU27 Corona Del Mar Pg 18.5x11 color Land Use Element Newport Beach General Plan � Z D c C/) m -0 0 E: n � � Z o_ % \3 m 00 z2 >m 2� =r \0 m= �/ \ 2\ 0 3 / / \ \ / / » \ D \ § O � § 7/2 / o_ % \3 m 00 z2 >m 2� =r \0 m= �/ \ 2\ 0 3 Land Use Element Pg 2-8.5x11 color Newport Beach General Plan To access attachment EIR (SCH No. 2016021023) reference separate document titled 2016-126/2016-127 - EIR Attachment