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20111216_Original_Application
■ ■ Planning Permit Application Community Development Department Planning Division 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644-3204 Telephone I (949)644-3229 Facsimile www. newportbeachca.gov Check Permits Requested: Coastal Residential Development Condominium Conversion ❑ Comprehensive Sign Program Development Agreement ❑ Development Plan ® Lot Line Adjustment ❑ Lot Merger Limited Term Permit — ❑ Seasonal ❑ Less than 90 day ❑ Greater than 90 days ■ ■ PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC ❑ Modification Permit ❑ Off -Site Parking Agreement ® Planned Community Development Plan ❑ Planned Development Permit ❑ Site Development Review - ❑ Major ❑ Minor ❑ Parcel Map ❑ Staff Approval 2. Project Address(es)/Assessor's Parcel No(s).: 4 4 0 -13 2- 6 0 ■ ■ ■ ■ Tract Map Traffic Study Use Permit -❑Minor ❑Conditional Variance KJ Amendment -❑Code MPCIUGP K1LCP Other: ■ ■ Other: 3. Project Description and Justification (Attach additional sheets if necessary): (see attached) 4. Applicant Name(s): Bayside Village Marina, LLC Address: 300 E. Coast Highway City/State/Zip:Newport Beach, CA 92660 Phone: 9 4 9 - 412 - 8 9 81 Fax: Email: 5. Contact: R. Gordon Craig Address: 39 Agia City/State/Zip: Laguna Niguel, CA 92677 Phone: 9 4 9 - 412 - 8 9 81 Fax: Email: gordonc . LRA @ gma i l t com 6. Property Owner Name(s): Bayside Village Marina, LLC Address: 300 E. Coast Highway City/State/Zip: Newport Beach, CA 92660 Phone: 858-756-6696 Fax: 7. Property Owner's Affidavit*: Email: ,tly (We) Bayside Village Marina , LLC depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. ,(I/3 (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): Date: 12 / 14 / 11 "May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. The owner(s)' signature on Parcel/Tract Map and Lot Line Adjustment Application must be notarized.) X:1Users\PLNISharedllntranetDocs\Applications\Planning Permit Application.docx Updated 6/30/11 FOR OFFICE USE ONLY Indicate Previous Planning Activity: Legal Description: 4L-0 13 2-. General Plan Designation: CM Zoning District: Coastal Zone: Yes Environmental Review: Priority Project: Li Yes Council District No.: PC 9 No Yes No J Date Filed: Ig 14 } ,+'> Fee Pd: U41000() Receipt No: agp000 jflL4 2700-5000 Account No Deposit Acct. No. Community Associate n: iAyeS kURES (o01m,4ss►\ . cuis)soLe__\,(ae4A Date Deemed Complete: P.C. Hearing: Appealed to: CC: Hearing Date: r- alM) Form of Payment: Credit Card Check Check No.: 004eita Development No: 962011- 055 i Project No: pA/Ztfl Activity No G PAb li - 011) LA 7011-- 00.3, LeiO1t - 007, PCi-oII-- Co►, gD 1ot% - Co 1 Posting Date: P.C. Action: Date of Appeal: Action: Zoning Administrator Hearing: ZA Ar+;^-_ Appealed to: LPG ❑CC: Hearing Date: Community Development Director Appealed to: PC Hearing Date: CC: Refund Amount: Remarks: \fior Kt. rry0 u\ 13 G1c' a'` Xk „motion: Date: • • C:1Documents and Settings\esteffen\Desktop\Office Use Only.docx Updated 07/07/11 BACK BAY LANDING (Bayside Village Marina, LLC) December 14, 2011 Jaime Murillo Associate Planner City of Newport Beach 3300 Newport Blvd. Newport Beach CA 92658-8915 Re: Back Bay Landing Land Use Amendment Applications; Project Description Dear Jaime: On behalf of Bayside Village Marina, LLC, (BVM, LLC), please find the following submittals for BVM, LLC's Back Bay Landing project: (1) A completed and signed Planning Permit Application (legislative approvals only requested at this time); (2) Project Description; (3) Planned Community Development Plan; (4) Lot Line Adjustment Exhibit (Note: the formal LLA application will be submitted under separate cover. LLA requires Land Use Amendments as described in Project Description); (5) Check for City development processing deposit in the amount of $10,000. Please let us know at your earliest con 'enience if we can provide any additional information. cc: Michael Gelfand John P Erskine, Esq. 315634_1.DOC R. Gordon Craig, Agent, BVM, LLC Project Manager/Back Bay Landing PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC 315375v2 12/16/2011 a ,k Lim //arn2dllr»q Prepared for: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658,-8915 Prepared by: Back Bay Landing (Bayside Village Marina, LLC) 300 E. Coast Highway Newport Beach, CA 92660 December 16, 2011 PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC BACK BAY LANDING PROJECT TEAM Project Manager, Gordon Craig Contact Information: 300 E. Coast Highway, Newport Beach, CA 92660 (c/o Bayside Village Marina) Telephone 949.412.8981 Email ciorcic)nc,lrn@cimail.com El Anchor QEA, Josh Burnam, Tracy Stofferahn, Michael Whelan Contact Information: 26300 La Alameda, Suite 240 Mission Viejo, CA 92691 Telephone 949.347.2780 Fax: 949.334.9646 Email iIbrtrnam®anchorcieu.com tstofferahnOnnchorcien.com mwhelan a nnchorgea.com Bellingham Marine, Eric Noegel Contact Information: 1205 Business Park Dr, Dixon, CA 95620-4303 Telephone 707.678.2385 Email enoegel(«Obiellinghanvmarine.com Fuscoe Engineering, Ian Adam, Cal Woolsey Contact Information: 16795 Von Karman, Suite 100 Irvine CA 92606 Telephone 949.474.1960 Fax 949.474 5315 Email iadamfuscoe.com cwoolsey@fuscoe.com f uscoe.com Government Solutions, Cora Lee Newman Contact Information: 1 San Joaquin Plaza, Suite 230 Newport Beach CA92660 Telephone 949.717.7945 Email cora(o govsol.com Leighton Associates, John Haertle Contact Information: 17781 Cowan, Irvine, CA 92614 Telephone 949.250.1421 Fax 949.250.1114 Email ihaeitle@leightongroup.com © Linnscott Law P; Greenspan (LLG), Paul Wilkinson, Trissa de Jesus Allen Contact Information: 1580 Corporate Drive Suite 122 Costa Mesa, CA 92626 Telephone 626.796.2322 Fax 626.792.0941 Email wilkinson@llgenqineers.com Ilgencjineers.com allen@Ilgengineers.com 315375v2 12/16/2011 PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC u ISA Associates, Steve Conkling Contact Information: 20 Executive Park Suite 200, Irvine, CA 92614 Telephone 949.553.0666 Fax 949.553.8076 Email Steve.Conkling(culsa-assoc.com Nossaman UP, John Erskine, Carollyn Lobel Contact Information 18101 Von Karman Avenue Suite 1800, Irvine, CA 9261 Telephone 949.833.7800 Fax 949.833.7878 Email jerskine(dTossaman.com c:IoI)eli©nossaman.com n Stoutenborough Mc., Todd Stoutenborough Contact Information: 420 Alta Vista Way, Laguna Beach CA, 92651 Telephone 949.715.3257 Email todd@stoutenboroughinc.com Templeton Planning Group, Peter Templeton, Nicole Morse, Ann Leishman Contact Information: 20250 Acacia Street Suite 260, Newport Beach, CA 92660 Telephone 949.724.0624 Fax. 949.724.0655 Email ptempleton(Otempletonplani ing.com nrnorse a templetonplanninq.com aleishman@templetonplannrncj core 1 315375v2 12/16/2011 FABLE OF CONTENTS Page Number SECTION 1.0 BACK BAY LANDING PROJECT DESCRIPTION 1. Project Location 1 2. Existing Site Characteristics 1 3. Existing Land Use 3 4. Project Description 4 5. Land Uses to be Removed/Replaced 9 6. Discretionary Approvals 10 7. Project Objectives 11 S ECTION 2.0 BACK BAY LANDING PLANNED COMMUNITY DISTRICT PLAN EXHIBITS S ee Table of Contents in Section. S ECTION 3.0 EXHIBITS S ee Table of Contents in Section. LIST OF TABLES Table Name Page General Plan Statistical Table 3 Overall Parking Table 8 315375v2 12/16/2011 PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC IILJO Sack Irk).)\\ 11and11nghroject D)ecrDptUon 1 PROJECT LOCATION The Back Bay Landing project is proposed for an approximately 7.04 acre site adjacent to Upper Newport Bay in the City of Newport Beach. Located in the Southern California region, Newport Beach is at the western edge of Orange County, adjacent to the Pacific Ocean, (see Exhibit 1, Location Map). Newport Beach is a Charter City with approximately 85,286 residents, bordered by Costa Mesa to the northwest, Huntington Beach to the west, Irvine to the northeast, and unincorporated portions of Orange County to the southeast. The 7.04 project site is the crescent -shaped landside portion of Parcel 3 of Parcel Map 93-111 (shown on land use exhibits); the entire Parcel 3 is 31.48 acres and encompasses both the landside project site and fee -owned submerged lands (see Exhibit 2, Existing Condition & Project Boundaty and Exhibit 3, Ownership and Transfer of Development Rights). These submerged lands, including the Bayside Marina are not a part of the land use amendment applications. The majority of the project site is located immediately northeast of Coast Highway between the Upper Newport Bay bridge and Bayside Drive, and Bayside Marina. Of the 7.04 acre primary project development site, 6.39 acres is located in General Plan Statistical Area K-1 and comprises the land use and project acreage for which the subject land use amendments are being sought by the applicant. The balance of the 7.04 project site, totaling .64 acres, is located within Statistical Area G-1 under and immediately southwest of the Coast Highway bridge. This .64 acre contiguous parcel is not part of the requested general plan land use amendments, but will be developed consistent with the current general plan land use designations on this project component. 2. EXISTING SITE CHARACTERISTICS Existing site information characteristics are summarized below: Address/Applicant: 300 E Coast Highway, Newport Beach, CA 92660 Bayside Village Marina, LLC Assessor's Parcel No.: (APN) 440-132-60 ("Parcel 3") 315375v2 12/16/2011 1 PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC Site Acreage: Total Parcel 3 e 31.48 acres Primary Project Development Site = 7.04 acres Acreage Subject to Land Use Amendments e 6.39 acres Acreage Under and Southwest of Bridge not subject to Amendments .65 acres Physical Characteristics of site (see Exhibit 2, Existing Condition & Project Boundary): The 31.48 acre Parcel 3 consists of four (4) distinct acreage components all located at the headway of the Upper Newport Bay: (1) A 5.81 acre slightly sloping parcel that is the primary mixed use project area; (2) A separate, narrow .54 acre strip of land located east of Bayside Village Mobilehome Park, this parcel is also part of the 7.04 acre project development site and will be utilized for access to the existing gravel parking area (not a part of the project), marina and parking/public storage area; (3) A narrow 60 acre strip of land providing bayfront access to the existing Bayside Marina boat slips, and an additional .09 acre beach area, both areas adjoining the northern boundary of the existing Bayside Village Mobilehome Park, and both small acreages included within the 7.04 acre project site No development is proposed for these two acreage components, however, they are included within the project for purposes of calculating development Floor Area Ratios, and are part of the land use amendment area. (4) A 20.79 acre submerged, fee -owned land area surrounded by the 3.654 acre manmade "L" shaped earthen and rip rock "spit" (De Anza Bayside Marsh Peninsula) provides a protected harbor for an existing fifty plus year old private mar ina.This waterside area is not part of the proposed project. The 5.81 acre primary project development site currently provides RV and trailered boat storage, Bayside Marina parking, kayak and Stand -Up Paddle Board (SUP) rentals, Marine Service Equipment Storage, and parking/access to Pearson's Port a local fish market set on floats in the County tidelands area and Upper Newport Bay channel. Adjoining the southwest portion of the property there is a small Orange County Sanitation District ("OCSD") pump station not a part of Back Bay Landing, but subject to further agreement with OCSD, to be refaced and/or screened and incorporated into the project (see further description below). 315375v2 12/16/2011 2 Existing views into the site are dominated by RV and marine equipment storage, as well as the forty plus year old OCSD pump station (see Exhibit 4, Existing Views). Intermittent views of Upper Newport Bay are available from various points along the Coast Highway Bridge, particularly from westbound vehicles past the midpoint of the Coast Highway Bridge. 3. EXISTING LAND USE 0 0 0 General Plan Recreational and Marine Comm'I CM.5 and CM.3 Zoning PC-9 Statistical Area K-1 (north of PCI=I; GA (south) Note: The applicant is proposing to develop only the Iandside portion of Parcel 3 which has two (2) separate General Plan land use designations set forth in the statistical table below. Existing and proposed land use and zoning designations, as well as confirmation of the proposed land use amendments not exceeding the three Measure S Charter Section 423 thresholds are identified on Exhibit 5, Existing Land Use Designations & Requested Entitlements. General Plan Statistical Table Statistical General Plan Area of the Parcel 3 Subarea Use General Designation Plan Existing Existing Land Intensity/ Designation North North East of PCH Centerline of • • • • • Bridge 0.285 North AC AC of "shadow" PCH walkway north Garage "Beach" 4.88 half 0.6 AC* area AC Area 0.9 Recreation Commercial and Marine CM 0.5 I<-1 Existing Mobile AC Home Residential 0.54 Subtotal 6.395 AC South South East G-1 PCH of Centerline of • • Bridge 0.285 South AC south of "shadow" East half PCH area 0.357 Residential Commercial and Marine CM 0.3 Subtotal 0.642 AC 7.04 AC ** TOTAL * to designation; Includes reflect the a 0.3 ** AC requested rounded lot line to adjustment mixed two decimal use waterfront points. from parcel general 2, the land plan use and designation coastal of land which use plan will be amendment amended 315375v2 12/16/2011 3 The total acreage for the project site and current allowable maximum development intensity is as follows: NORTH: CM 0.5 on 6.395 AC = 278,566 * 0.5 = 139,283 sf allowed SOUTH: CM 0.3 on 0.642 AC = 27,966 * 0.3 = 8,390 sf allowed TOTAL: 147,673 sf allowed 4. PROJECT DESCRIPTION Back Bay Landing will be designed and developed to provide an integrated, mixed -use waterfront project implementing the CM designations on the site through development of new dry stack storage (the "Boat House"), with visitor -serving retail and recreational marine commercial facilities, as well as a limited amount of attached residential uses. Of a total of 49 residential units, 31 units will be designed and integrated in two levels of residential over ground floor commercial retail, wrapped around a 3-level semi -subterranean parking structure. In addition, there will be 18 units in a three level structure adjacent to the northwest bayfront. All Back Bay Landing units are proposed to be designed and constructed as individual stacked flats. In addition, 99 surface parking spaces are contained within the main 6.39 acre project area, and 41 surface spaces are located on the east side of the project (former storage garages). The main project area will include a 32,500 square foot full -service dry stack boat storage with enclosed bays, accessible dry stack boat storage facility with approximately 135 boat spaces (the "Boat House"); forty-nine (49) stacked flat residential units totaling approximately 80,000 square feet; and approximately 43,500 square feet of retail/restaurant/marine boat sales, rental and service repair. Located along the eastern property boundary but separated from the main project development is approximately 4,000 sq. ft of storage (resident and boater lockers) and marina restrooms with laundry facilities. Additionally, a gated entry with 41 parking spaces will provide parking for existing marina tenants and mobile home resident guests. Back Bay Landing will be linked by new public bayfront access. (Currently, no public access trails or accommodations exist on project site). This new access commences on the south side of the PCH Bridge and continues along the project bayfront promenade connecting to Bayside Drive. Bayfront access (described below and in Exhibits 14, Public Access and 15, Regional Trail Connections will be located and designed consistent with CLUP policies 3.1.1-1 and the Coastal Act, with appropriate routing to protect the privacy of existing residents in Bayside Village, consistent with Public Resources Code section 30214 (coastal Act). 315375v2 12/16/2011 4 Back Bay Landing Project Description (Detailed Breakdown) Back Bay Landing will be designed and constructed to evoke the experience of a seaside village, and has been planned and designed to be compatible with the architecture and community character of Corona del Mar, and waterfront portions of Newport's Mariner's Mile, Lido, and Newport Peninsulas. (See Exhibit 20, Community Character) The Mixed -Use Planned Community Development Plan incorporate several key elements (see Exhibit 7, Conceptual Site Plan): The village orientation of the project at Bayside Drive and the PCH is designed to attract visitors and encourage public access to and along the bayfront, from and to the south and east (Newport Dunes and regional trails). The features of this bayfront promenade pubic access, as well as Class 1 and 2 bike trails are shown on Exhibits 14, Public Access and 15, Regional Trail Connections. Back Bay Landing restaurants, retail and plaza areas will be accessible to the community by foot and bicycle as well as recreational boaters. A scenic view corridor at the project entry allows views from PCH to the Upper Newport Back Bay, where outdoor dining and plaza activity will be seen from the street. The project has been designed to provide for seven (7) public accessible waterfront view corridors to the Back Bay and existing marina (Exhibit 18). Back Bay Landing (also "Landing") will provide several opportunities for water oriented dining with outdoor seating and public access to the waterfront and bayfront boardwalk. The project provides for a vehicular "round -about" drop- off area ("Lighthouse Plaza"), directional entry to public and private surface and multi -level garage parking, boat storage bathrooms and marine -oriented retail, enhancing the visitor -oriented nature of the project. ® An iconic lighthouse and Lighthouse Plaza visually connects the east and west end of the Landing as the center point of the project, and will point the way to the western entrance to the existing Bayside Marina. New public restrooms and marina boat -slip tenant lockers are proposed adjacent to the bayfront and the Bayside Village Marina. 315375v2 12/16/2011 The parking structure can be accessed from the entry grade to multiple levels. Three (3) levels are designated for the existing marina, dry boat storage tenants, and visitor serving retail uses. A separate and secured, gated, partially subterranean parking level has been designed and designated for the two sections of residential units proposed above the retail spaces and on the bayfront at the west end of the site. 5 The dry stack boat storage is designed as an enclosed "boat house," which can store 135+ boats of mixed sizes. An innovative storage racking system will allow maximum flexibility for vessel heights and lengths. The boat house building is configured into a series of three (3) separate building sections scaled to be compatible with existing development along East Coast Highway (US 1). In addition, the buildings are designed with three different roof heights to protect and enhance view corridors to the bay and mountain vistas beyond. A small water inlet with an innovative retractable pedestrian bridge is proposed to facilitate the storage and launching of boats housed within the dry stack boat storage facilities (the "Boat House"), while minimizing pedestrian conflicts with boat launching operations, and will provide a focal point of visitor interest, and a venue for potential special events. Pearson's Port fish market on floats in the channel way of the Back Bay, has been proposed to be relocated located within a new marina docks area These new docks will provide private and public slips for restaurant and retail visitors. (Under a separate and a future permit.) The project proposes forty-nine (49) attached condominium residential units intermixed above and within the village retail/boat house areas. Approximately sixty-five percent or 31 of the units are designed on second levels above retail and restaurants, and 18 units would be located near the Pacific Coast Highway Bridge along the North Bayfront. The units will vary in size (square footage) and number of bedrooms, with an average square footage of 1,600+ sq. ft. as set forth in the PC Development Plan. Decorative 8 ft. high wall and landscaping will separate the project from the existing Bayside Village Mobilehome Park. Secured access gates will allow the mobile home residents direct access to the project. Additional fire lane gating will provide additional emergency access to both the project area and existing mobile home community. O With the removal of the existing 50-year old residential public storage garages (4,500+ sq. ft of buildings) at the eastern side of Parcel 3, new enclosed storage facilities (marina boating lockers), marina guest bathrooms with laundry facilities and additional marina parking and mobile home community guest parking is to be provided with decorative 8 ft. property walls and landscaping. 315375v2 12/16/2011 6 The Back Bay Landing is registered with the US Green Building Council (USGBC) and is considered a sustainable project because: o It is a mixed -use project with residential, commercial, retail, restaurants, marina services and boat storage. Public access and community uses are provided. The mix of uses reduces parking demand and multiple trips. o Project is connected to the public bus transportation system and provides electrical charging of low -emitting and fuel efficient vehicles on site. o The design of the project will reduce water consumption by at least 20%. o All buildings are designed to optimize energy performance and provide for on -site renewable energy. o The project will be constructed with regional and recycled materials. o The proposed seawall is designed to stabilize the Back Bay waterfront and provide public access. Traffic and Circulation Primary vehicular and pedestrian access to the site will be from North Bayside Drive approximately 200 feet from East Coast Highway This location would service both inbound and outbound movements, and would represent a northerly shift (by approximately 40 feet from the existing entry) and improvement of the existing driveway connection servicing the site. In making this enhancement, the west curb of Bayside Drive along the project frontage would also be set back and improved. That improvement would add a southbound right turn lane on Bayside Drive at the Coast Highway traffic signal, and further provide a formalized northbound left turn lane on Bayside Drive at the project entry. In addition to the site access configuration described above, a project alternative would potentially add a dedicated westbound right turn lane along a portion of the project's East Coast Highway frontage for a direct access to an "uncovered" portion of the "P2" level of the project's parking structure (Exhibit 13, Alternate Circulation). This "drop lane" connection would be located approximately 450 feet west of the Bayside Drive intersection with Coast Highway, and allow for inbound right turn movements only; outbound movements from the parking structure at this connection point would be prohibited. Traffic using this connection would also have access to "covered" parking within the garage. The vertical clearance provisions throughout the parking structure would be consistent with ADA requirements and thus accommodate a range of passenger -style vehicles including ADA-equipped vans and other higher -profile passenger vehicles. These vertical clearances would not be consistent with the needs of service trucks and similar vehicles, and those vehicles would be prohibited from using this entrance (service traffic instead would be directed/instructed to use the Bayside Drive project connection). The restriction would be reinforced with signage (including a posting of the vertical clearance provided) as well as other apparatus to warn and restrict such traffic. The above -described "drop lane" will be evaluated in the Back Bay Landing environmental document. 315375v2 12/16/2011 7 Public Transit Orange County Transportation Authority (OCTA) is the primary transit service for City of Newport Beach. Currently, OCTA is providing bus service along Pacific Coast Highway (PCH) and services the subject property on the northbound side of (PCH) near the intersection of Bayside Drive, adjoining the southwestern side of the property boundary. Parking Table The following is a summary of parking provided within the PCD: Overall Parking Table Parking Provided Parking Demand Required for Peak Shared Parking Surplus 41 358 99 spaces spaces spaces in on grade in new the garage east site Weekday spaces Weekend spaces peak peak shared shared parking parking demand: demand: 416 468 +82 spaces +30 spaces provided: 498 Required: 468 +30 space surplus Total spaces Total Landscaping and Signage Program Landscaping Landscaping shall be in all areas not devoted to structures, parking and driveways. Landscaping shall consist of a combination of trees, shrubs ground cover and hardscape improvements. New landscaping with decorative walls and gates will separate the mixed use project from the mobile homes. Signage. The term "Monument Sign" means any sign that is supported by its own structure and is not part of or attached to any building and which is intended to depict project entry or project arrival. Monument Signs, identifying the Back Bay Landing, are permitted at the primary entrance off North Bayside Drive and the Alternative entrance off Pacific Coast Highway. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. The area of each sign face shall not exceed 100 square feet and may be a series of panels or other artistic form interpreted by a designer. Sign area shall not exceed a total height of 8 feet. Signs may include exterior illumination. 315375v2 12/16/2011 8 Modification of Sanitation District Building The Orange County Sanitation District provides sanitation services for the City of Newport Beach with several city wide main sewer trunk lines and booster pump facilities. One such facility is located within 5.5 acre portion of Parcel 3 at the property's southwestern boundary. The small single story building houses booster pumps, aerators, and chemical odorizing tanks, and has service access off Pacific Coast Highway. Significant and prohibitive costs would be incurred to remove and relocate the existing booster pump station based on discussions with Sanitation District Officials, but district officials are receptive to allowing the building to be incorporated into the proposed development program, provided it meets District access servicing requirements and project sponsors bear the cost of incorporating the building the project The existing building exterior will undergo aesthetic improvements to reflect the architectural character of the new project. Site -specific analyses (wind patterns, noise assessments, etc.) and special design features will be incorporated into the proposed buildings surrounding the pump station to offset potential noise and odor control issues associated with the existing operations of the facility. 5. LAND USES TO BE REMOVED/REPLACED Removal and replacement of existing land uses are proposed as follows: Parcel 3 0 The .54 acre narrow strip of land at the eastern property line abutting the Newport Dunes Property includes 45 older (fifty+ years) attached wood framed garages that are to be removed and replaced with 41 standard sized parking spaces provided for marina tenants and guest parking for the existing mobile homes residents located within the adjoining Parcel 2. On the 5.81 acre primary land -side parcel adjoining Pacific Coast Highway to the northwest, parking for the existing marina, marina guest bathrooms, and RV and small trailered boat storage will be removed and the site developed with a mixed use waterfront -oriented project that will include a raised seawall bulkhead and public boardwalk promenade, enclosed dry stack boat storage ("boat house") with launching facilities, recreational commercial (kayak and SUP rentals) visitor serving retail commercial uses that include restaurants and retail shopping, 49 attached residential units, and surface and garage parking for the marina tenants, mixed use development, and coastal access/visitors. Parcel 2 0 315375v2 12/16/2011 A .3 acre triangular parcel that abuts the western boundary of Parcel 3 and is the primary entry to the marina, currently occupied by 31+ guest mobile home parking spaces and two trash bins will be subject to a Lot Line Adjustment ("LLA") that will enlarge Parcel 3 by .3 acres and provide 9 0 0 new and improved access to the proposed mixed use development. This LLA will also provide an enhanced and new gated entry to the existing marina. Thirteen (13) Replacement mobile home guest parking spaces will be provided within the western portion of Parcel 2 and eighteen (18) will be located in the mixed use project parking garage of Parcel 3. There will be no net loss of guest parking to the mobile home community. Three forty year old (40) mobile homes Parcel 2, located on the northwestern boundary adjoining Parcel 3 will be removed to allow for an expanded project entry to the proposed mixed use development. This area will also be reconfigured to provide new landscaping with walls and gates between the mixed use project and mobile homes. Internal west end mobile home vehicular circulation will be reconfigured. This LLA requires the current General Plan land use designation (RM) and Coastal Land Use Plan designation (RM-C) to be amended consistent with the Mixed Use -Waterfront designation requested on the balance of the project site. No Mixed Use-W, CM, or other land uses are proposed for the adjusted area other than public restrooms and storage lockers. The LLA is for improved ingress and egress and parking. 6. DISCRETIONARY APPROVALS The Back Bay Landing project, as proposed, will require the preparation, circulation/public review and certification of an Environmental Impact Report to environmentally clear City and Coastal Commission approval of a General Plan Amendment, Coastal Land Use Plan Amendment PC-9 Amendment (Zone Change)/Planned Community Development Plan, Transfer of Development Rights, Lot Line Adjustment, Affordable Housing Implementation Plan (AHIP), and Development Agreement. The project applicant is seeking only the legislative approvals at this time; however, the Back Bay Landing Environmental Impact Report will serve to clear additional "administrative approvals, including issuance of a Coastal Development Permit, Tentative Tract Maps, Coastal Residential Development Permit, and Harbor Permit, as well as other water quality and storm water runoff system clearances/permits. General Plan Amendments; Coastal Land Use Amendment/PCn9 Amendment The Back Bay Landing project will necessitate a change from the CM -Recreational and Marine Commercial designations (within the General Plan and Coastal Land Use Plan) to a City -approved Mixed -Use Water Related-MU-W designation, and/or Mixed -Use Horizontal-MU-H with a corresponding Planned Community text that is consistent with the proposed general plan designations. The City's 2006 General Plan Update states: 315375v2 12/16/2011 10 The MU--W designation is intended to provide for commercial development on or near the bay 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. 6 Transfer of Development Rights A transfer of development rights from surplus residential density on Parcel 1 and 2 (donor site) to the Parcel 3 project (receiver site) will be requested as part of the entitlement applications, consistent with General Plan Land Use policy LU 4.3, and pursuant to City Zoning Code Chapter 20.46. (See Exhibit 3, Ownership and Transfer of Development Rights). The application will demonstrate the findings required to be made under Chapter 20.46, including the preservation of the open spaces and amenities of the existing, lower density Mobilehome Park notwithstanding the higher density (15 DU/acre) RM-B designation on the donor site. 7. PROJECT OBJECTIVES The Back Bay Landing project will assist the City in fulfilling a number of General Plan goals and policies. The project will 315375v2 12/16/2011 Provide a high quality mixed use, marine -oriented, visitor serving commercial/multi-family housing project. Assist the City in addressing General Plan Housing Element Goal H3 of providing housing opportunities for as many renter -- and owner -occupied households as possible in response to demand for housing in the City while implementing Housing Program 3.2.1 which states: When requested by property owners, the City shall approve rezoning of developed or vacant property fromnonresidential to residential uses when appropriate. The addition of residential, multi -family units to a Tong -underutilized marine and recreational commercial site is consistent with City Housing Element Policy H2.3 (requiring the City) to approve, wherever feasible, appropriate, mixed residential and commercial use developments that improve the balance between housing and jobs. Implement the MU-H (Mixed Use Horizontal) and MU-W (Mixed Use Water Related) categories on an underutilized bayfront location in a 11 manner that will encourage the continuation of coastal -dependent and coastal -related uses, recreational marine and visitor -serving commercial with both horizontal and vertically integrated residential and commercial adjacent to Coast Highway, and on or near the bay. The project will help the City implement the CLUP objective: Maintain core coastal -independent and coastal -related land uses while recognizing that CM Uses are encouraged in Mixed Use land use categories on or near the bay. Natural Resources Element Goal (NR) 6 requires the City to reduce mobile source emissions. Back Bay Landing will further policy NR 6.2 (Mixed Use Development) since the project is a mixed -use development consisting of commercial with residential uses and will increase the opportunity for residents to live in proximity to jobs, services, and entertainment. 315375v2 12/16/2011 The project will protect and enhance significant visual resources from public vantage points such as to the bay, and the cliffs of upper Newport Beach beyond, from Coast Highway/Newport Bay Bridge through view corridors designed into the project. The Back Bay Landing project will significantly further the City General Plan's Recreation Element Goal CR 9.D of provision of public coastal access by providing new bayfront access along the Back Bay Landing project boundary with a minimum 10' wide improved walkway that will link The Irvine Company property to the south of the Coast Highway Bridge and along the bayfront, with a connection to the existing Newport Dunes pedestrian/bicycle trail off of Bayside Drive. The project will enhance and expand dryboat storage facilities per the Harbor and Bay Element (HB) Goal HB 5.1, and consistent with Public Resources Code section 30224. The project will further HB 6.1 "Provision of Public Coastal Access" by providing the above -referenced new bayfront to Bayside Drive public coastal access per the Planning Commission Development Public Access Plan, all in a manner and location consistent with Public Resources Code section 30214. Implement Coastal Land Use Plan Policy 3.1.1-1 by expanding bayfront access to and along the bay where it does not exist at the present time, in a manner that protects ESHA and does not adversely impact existing private residences adjacent to the site. 12 nAri: 2U049 0 c1 � k fay ll1�rn2dirrvg '� f Pflarrnied C.mmuirflty I[cveDouueitit M al 315388v1 Date: December 14, 2011 Ordinance No. Adopted PA2011-216 for GP2011-011,LA2011-003,LC2011-007 PC2011-001 PD2011-007 300 E. Coast Highway Bayside Village Marina, LLC DRAFT 1.0 INTRODUCTION AND PURPOSE 1 2.0 GENERAL CONDITIONS AND REGULATIONS 2 3.0 LAND USE AND DEVELOPMENT REGULATIONS 6 3.1 Boat House, Watercraft Sales, Repair and Rental 6 A. Boat House 6 B. Watercraft Sales, Boat Repair and Rental, Boat Service Marina related Office Indoor Boat Storage, Boat Launching and Haul Out6 1. Building Area 6 2. Building Heights 6 3. Permitted Ancillary Uses 6 4. Parking 6 3.2 Back Bay Residential Units (Flats) 7 3.3 Public/Bayfront Access Promenade and Plaza 7 3.4 Signs 7 A. Sign Allowance 7 B. Sign Standards 8 4.0 SITE DEVELOPMENT REVIEW 9 4.1 Purpose 9 4.2 Application 9 4.3 Standards 9 4.4 Public Hearing — Required Notice 10 4.5 Expiration and Revocation Site Development Review Approvals 10 4.6. Fees 10 Table Name Page Back Bay (Flats) Development Standards 7 315388v1 DRAFT, 1.0 INTRODUCTION AND PUURPOSE The Back Bay Landing Planned Community District (the PCD) is composed of the Mixed Use Waterfront facilities, totaling approximately 7.04 acres. The Planned Community Development Plan (PCDP) has been developed in accordance with the Newport Beach General Plan and is consistent with the Local Coastal Land Use Plan. The purpose of this PCDP is to provide for the classification and development of "mixed use waterfront" uses, including the Whenever the regulations contained in the PCD Regulations conflict with the regulations of the Newport Beach Municipal Code, the regulations contained in the PCD Regulations shall take precedence. The Newport Beach Municipal Code shall regulate all development within the PCD when such regulations are not provided within the PCD Regulations, or otherwise conflict with same. 315388v1 1 ,DRAFT, 2.0 GENERAL CONDITIONS AND REGULA I IONS 1. Alcoholic Beverage Consumption The consumption of alcoholic beverages within the PCD shall be in compliance with the State of California Department of Alcoholic Beverage Control and the Newport Beach Municipal Code. A use permit shall be required if the establishment operates past 11:00 p.m any day of the week and a minor use permit shall be required if the establishment operates until 11:00 p.m. any day of the week. 2. Amplified Music All amplified music played after 7:00 p.m. within the PCD shall be confined within the interior of a building unless a Special Events Permit is obtained. 3. Archaeological/Paleontological Resources Development of the site is subject to the provisions of City Council Policies K-5 and K-6 regarding archaeological and paleontological resources. 4. Architectural Design All development shall be designed with high quality architectural standards and shall be compatible with the surrounding uses. The development shall be well -designed and planned, exhibit a high level of architectural and landscape quality. Massing offsets, variation of roof lines, varied textures, openings, recesses, and design accents on all building elevations shall be provided to enhance the architectural style. Architectural treatments for all ancillary facilities (i.e. storage, truck loading and unloading, and trash enclosures) shall be provided. 5. 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 Newport Beach Municipal Code. 6. Exterior Storage Areas There shall be no exterior storage areas permitted with the exception of temporary boat storage at the Boat House and the boat service building when servicing boats. 7. Flood Protection Development of the subject property will be undertaken in accordance with the flood protection policies of the City, 315388v1 2 DRAF 8. Grading and Erosion Control Grading and erosion control measures shall be carried out in accordance with the provisions of the Newport Beach Excavation and Grading Code and shall be subject to permits issued by the Community Development Department. 9. Gross Floor Area Gross floor area shall be defined as the total area of a building including the surrounding exterior walls, but does not include parking structures (as set forth in Newport Beach Municipal Code). 10. Height and Grade The height of any structure within the PCD shall not exceed thirty-five (35) feet, with projections allowed projecting up to 40 feet See Exhibit 22, Development Standards and Exhibit 21, Building Heights. The height of a structure shall be determined and measured in accordance with the key map on Exhibit 20, base to measure maximum building height. 11. Landscaping/Irrigation Landscaping and irrigation shall be provided in all areas not devoted to structures, parking Tots, plazas and driveways to enhance the appearance of the development, reduce heat and glare, control soil erosion, conserve water, screen adjacent land uses, and preserve the integrity of PCD. Landscaping and irrigation shall consist of a combination of trees, shrubs, ground cover and hardscape improvements. Landscaping shall be prepared in accordance with the Landscaping Standards and Water -Efficient Landscaping Sections of the Newport Beach Municipal Code and installed in accordance with the approved landscape plans prepared by a licensed landscape architect. 12. Lighting Outdoor All new outdoor lighting shall be designed, shielded, aimed located and maintained to shield adjacent uses/properties and to not produce glare onto adjacent uses/properties. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. 13. Lighting ._. Parking Lots & Walkways All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. Light standards within parking lots shall be the minimum height required to effectively illuminate the parking area and eliminate spillover of light and glare onto adjoining uses/properties and roadways. 315388v1 3 DRAFT Parking lots and walkways accessing buildings shall be illuminated with a minimum of 0 5 foot --candle average on the driving or walking surface during the hours of operation and one hour thereafter. Lighting plans shall be prepared in compliance with the Outdoor Lighting Section of the Newport Beach Municipal Code and shall be prepared by a licensed electrical engineer. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval. 14. Loading Areas for NonnResidential Uses All loading and unloading of goods delivery shall be performed onsite. Loading platforms and areas shall be screened from public view. 15. Parking Areas Parking spaces, parking structures, driveways, maneuvering aisles, turnaround areas, and landscaping areas of the parking lots shall be kept free of dust, graffiti, and litter. All components of the parking areas including striping, paving, wheel stops, walls, and light standards of the parking lots shall be permanently maintained in good working condition. Access, location, parking space and lot dimensions, and parking lot improvements shall be in compliance with the Development Standards for Parking Areas Section of the Newport Beach Municipal Code. 16. Sewage Disposal Sewage disposal service facilities for the POD will be provided by Orange County Sanitation District No. 5 and shall be subject to applicable regulations, permits and fees as prescribed by the Sanitation District. 17. Screening of Mechanical Equipments All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts and exhaust vents, swimming pool and spa pumps and filters, transformers, utility vaults and e mergency power generators) shall be screened from public view, views along East Coast Highway the residents along the Castaways Bluffand adjacent land uses. The e nclosure design shall be approved by the Community Development Department. All rooftop equipment (other than vents, wind turbines, etc.) shall be architecturally treated or screened from off -site views in a manner compatible with the building materials prior to final building permit clearance for each new or remodeled building. The mechanical appurtenances shall be subject to sound rating in accordance with the Exterior Noise Standards Section of the Newport Beach Municipal Code. Rooftop screening and e nclosures shall be subject to the applicable height limit. 315388v1 4 DRAFT 18. Special Events at the Boat House Temporary special community events at the Boat House are permitted in the PCD, and are subject to the Special Events Chapter of the Newport Beach Municipal Code. Temporary exterior storage associated with approved special events may be permitted provided it is appropriately screened and regulated with an approved Special Event Permit. 19. Trash Container Storage for Residential Dwellings Trash container storage shall be out of view from public places. If trash container storage areas cannot be located out of public view they shall be screened from public view. Screening shall consist of fences, walls, and landscaping to a height at least 6 inches above the tops of the containers. 20. Trash Enclosures for Non -Residential Uses All trash enclosures for non-residential uses shall be provided and in accordance with the Solid Waste and Recyclable Materials Storage of the Newport Beach Municipal Code. All trash enclosures for non-residential uses shall be provided and in accordance with the Solid Waste and Recyclable Materials Storage of the Newport Beach Municipal Code. Consideration for noise (time/frequency of pick ups) and odors shall be taken when locating nonresidential trash containers in proximity of residential units. 21. Water Service Water service to the PCD will be provided by the City of Newport Beach and will be subject to applicable regulations, permits and fees as prescribed by the City. 315388v1 5 RAFT 3.0 LAND USE AND DEVELOFMEN I REGULATIONS IONS 3.1 Boat House, Watercraft Sales, Repair and Rental Refer to Exhibit 7 - Conceptual Site Plan for the general location and placement of the Boat House, watercraft sales, repair and rentals. PERMITTED USES A. Boat House Bay Inlet and Retractable Bridge B. Watercraft Sales, Boat Repair and Rental, Boat Service Marina related Office Indoor Boat Storage, Boat Launching and Haul Out. 1. Building Area The maximum allowable gross floor area for the marine commercial and visitor -serving commercial retail areas shall be 80,000 square feet. 2. Building Heights See Exhibits 19 and 20 for building heights and locations. 3. Permitted Ancillary Uses The following ancillary uses are allowed: 0 0 0 0 0 0 0 Administrative Offices Dining, assembly and special events within Boat House with a special event permit for groups over 35 guests Health and fitness facility Restroom and locker facilities Employee lounge/lunch areas Meeting rooms Others (subject to an approval of the Community Development Director) 4. Parking Parking for the marine facilities shall be in accordance with Exhibit 16, Parking Plan. 315388v1 6 P RA F T 3.2 Back Bay Residential Units (Flats) Refer to Exhibit 7 — Conceptual Site Plan for the general location and placement of the residential units (flats). 1. Number of Residential Units The maximum allowable number of attached residential units (flats) shall be forty-nine (49) flats. 2. Development Standards for Residential Units (Flats) The development standards for the Back Bay Landing Residential Units (Flats) are on Exhibit 22, Development Standards. 3.3 Public/Bayfront Access Promenade and Plaza 3.4 Signs A. Sign Allowance 1. Three (3) single or double-faced, ground, roof or wall -mounted entrance identification sign shall be allowed at or near the vicinity of the Bayside and Coast Highway. Total maximum signage area shall not exceed one hundred eighty (180) square feet and shall not exceed ten (10) feet in height. Three (3) single or double-faced, ground, roof or wall -mounted entrance identification sign shall be allowed at or near the vicinity of the Back Bay Landing Lighthouse Plaza. Total maximum sign area shall not exceed forty (40) square feet and shall not exceed six (6) feet in height. 3. Building identification signs shall be allowed; one for each street frontage. If freestanding, this sign type shall not exceed a maximum height of six (6) feet in height. The maximum sign area shall not exceed forty (40) square feet. 4. Vehicular and pedestrian directional signs shall be allowed. This sign type may occur as a single -faced or double-faced sign. The sign shall be sized to allow for proper readability given the number of lines of copy speed of traffic, setback off the road and viewing distance. This sign type shall not exceed a maximum of eight (8) feet in height. 315388v1 7 DRAFT B Sign Standards 1. All permanent signs in the Back Bay Landing Planned Community District that are visible from any public right-of-way shall be consistent with Sign Section 3.5, unless otherwise approved by the Community Development Director. 2. All permanent signs shall be subject to a sign permit issued by the Community Development Department. 3. All signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Newport Beach Municipal Code. 4 Sign illumination is permitted for all sign types. No sign shall be constructed or installed to rotate, gyrate, blink or move, or create the illusion of motion, in any fashion. 5. All permanent signs together with the entirety of their supports, braces, guys, anchors, attachments and decor shall be properly maintained, legible, functional and safe with regards to appearance, structural integrity and electrical service. 6. Temporary signs that are visible from any public right-of-way shall be allowed up to a maximum of sixty (60) days and subject to a temporary sign permit issued by the Community Development Department. 7 If the applicant wishes to deviate from the sign standards identified herein, a comprehensive sign program may be prepared or a modification permit application may be submitted for review and consideration by the Zoning Administrator in accordance with the applicable provisions of the Newport Beach Municipal Code. 8. Residential sales/rental signs and residential sales/rental flags shall be allowed during the initial rent -up or sales period not to exceed 18 months. 315388v1 8 DRAFT. 4.0 SITE E DEVELOPMENT REVIEW 4.1 Purpose The purpose of the Site Development Review process is to ensure new development proposals within the Back Bay Landing Planned Community Development are consistent with the goals and policies of the General Plan, provisions of this Planned Community Development Plan, the Development Agreement and the standards set forth below in subsection 4.3. 4.2 Application A site development application shall be required for the construction of any new building structure prior to the issuance of a grading or building permit or issuance of an approval in concept for Coastal Commission. The application must be signed/authorized by all affected property owners in order to be deemed complete. The application shall be considered and approved by the Planning Commission; and the Planning Commission's decision is the final action unless appealed in accordance with the Newport Beach Municipal Code. 4.3 Standards 315388v1 In addition to the general purposes set forth in sub -section 4.1 and in order to carry out the purposes of this chapter as established by said section the Site Development Review procedures established by this Section shall be applied according to and in compliance with the following standards, when applicable: 1. The development is in compliance with all other provisions of the Planned Community District Plan; 2. Development shall be compatible with the character of the neighboring uses and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City; 3. Development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways and properties, with special consideration given to the mass and bulk of buildings and the streetscape on Coast Highway; and 4. Conceptual site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site 9 DRAFT features shall give proper consideration to functional aspects of site development. 4.4 Public Hearing Required Notice A public hearing shall be held on all site development review applications. Notice of such hearing shall be mailed not less than ten (10) days before the hearing date, postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses, to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this Section. In addition to the mailed notice, such hearing shall be posted in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing. 4.5 Expiration and Revocation Site Development Review Approvals 1. Expiration. Any site development review granted in accordance with the terms of this planned community development plan shall expire within twenty-four (24) months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless at the time of approval the Planning Commission has specified a different period of time. 2. Violation of Terms. Any site development review granted in accordance with the terms of this planned community development plan may be revoked if any of the conditions or terms of such site development review are violated or if any law or ordinance is violated in connection therewith. 3. Public Hearing. The Planning Commission shall hold a public hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. 4.6. Fees 315388v1 The applicant shall pay a fee as established by Resolution of the Newport Beach City Council to the City with each application for Site Development Review under this planned community development plan. 10