HomeMy WebLinkAbout20190822_PC_Staff ReportCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 22, 2019
Agenda Item No. 3
SUBJECT: The Garden Office and Parking Structure (PA2019-023)
Coastal Development Permit No. CD2019-003
Conditional Use Permit No. UP2019-003
Modification Permit No. MD2019-003
SITE LOCATION: 215 Riverside Avenue
APPLICANT: Laidlaw Schultz Architects
OWNER: 215 Riverside LLC
PLANNER: Makana Nova, Associate Planner
949-644-3249, mnova@newportbeachca.gov
PROJECT SUMMARY
A coastal development permit (CDP) to demolish an existing restaurant/office building
and associated surface parking lot and to construct a new 47-space, two-level parking
structure and a 2,830-square-foot office building. A conditional use permit is required to
authorize the construction of the parking structure adjacent to the residentially zoned
property. A modification permit is required for 12 tandem parking spaces on the first and
second floor levels of the structure. The project includes hardscape, drainage, and
landscape improvements. The proposed development complies with all applicable
development standards including height, setbacks, and floor area limits.
The project is designed to provide surplus off-site parking for The Garden shopping center
located directly south of the project site. Approval of off-site parking use and any other
uses which require parking in the structure will require the processing of a separate
conditional use permit and coastal development permit.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 under Class 32 (Infill) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3)Adopt Draft Planning Commission Resolution No. PC2019-024 approving Coastal
Development Permit No. CD2019-003, Conditional Use Permit No. UP2019-003,
and Modification Permit No. MD2019-003 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE CG (General
Commercial)
CG (Commercial
General) Restaurant (vacant) and Retail
NORTH RS-D (Single Unit
Residential Detached)
R-1 (Single Unit
Residential) Single-unit residential dwellings
SOUTH MU-H1 (Mixed-Use
Horizontal)
MU-MM (Mixed-Use
Mariners’ Mile)
Retail shopping center
(The Garden)
EAST
RS-D (Single Unit
Residential Detached)
and CG (General
Commercial)
R-1 (Single Unit
Residential) and CG
(Commercial General)
Retail and
Single-unit residential dwellings
WEST PR (Parks and
Recreation)
PR (Parks and
Recreation) Cliff Drive Park
Subject Property
The Garden
shopping
center
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INTRODUCTION
Project Setting
The subject property is located at the northwest corner of Riverside Avenue and Avon
Street. The property is developed with an 8,056-square-foot, three-story building
constructed in 1962. The building contains a vacant 2,910-square-foot restaurant at the
first floor level and retail/office uses on the second and third floors. A surface parking area
containing 18 parking spaces serves the uses on-site.
Surrounding uses include residential dwelling units to the north, retail shops to the south,
retail and residential to the east, and Cliff Drive Park to the west.
Project Description
The project includes the demolition of the existing improvements and construction of a
new 47-space, two-level parking structure and 2,830-square-foot office building. Site
design includes hardscape, drainage, and landscaping improvements. The new two-story
building is designed to accommodate one or two office tenants and is oriented towards
the entry point at the intersection of Avon Street and Riverside Avenue. The building
includes a flat roof design up to 32 feet in height.
The proposed parking structure has a split level orientation with the proposed office
building. The parking structure makes use of an existing retaining wall on-site and is
designed into the slope on the property so that the second level of the parking deck does
not exceed the elevation of the existing surface level lot. The parking layout consists of a
single drive aisle design accessed from Avon Street at the lower level and the second
upper level is accessed from Riverside Avenue. Six tandem parking spaces are provided
on the first level and six tandem parking spaces are provided at the second level
immediately adjacent to the office building. The applicant intends the tandem parking
spaces to serve the office tenants.
The site is located in the Mariners' Mile community and the proposed structures are
designed to be architecturally compatible with the adjacent retail shopping center, The
Garden, located to the south. Architecturally, the project office building and parking
structure include a mix of tumbled brick, painted steel, and wood.
DISCUSSION
Land Use and Development Standards
The subject property’s General Plan land use designation is CG (General Commercial),
Zoning Code district is CG (Commercial General), and Coastal Land Use Plan
designation is CG-B (General Commercial), and Coastal Zoning district are CG
(Commercial General). The CG (Commercial General) Coastal Zoning District is intended
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to provide for areas appropriate for a wide variety of commercial activities oriented primarily
to serve citywide or regional needs. The proposed office building and parking structure will
continue to be consistent with the underlying land use and Zoning designations.
The Village Core sub-area of Mariners’ Mile is predominantly developed with retail,
restaurant, and office buildings with residential development in the surrounding tracts to
the north. The proposed design, bulk, and scale of the development is consistent with the
existing neighborhood pattern of development and expected future development, which
complies with applicable development standards. The bulk of the proposed building is
similar to or less than that of the existing development on site. The proposed office building
and parking structure conform to all applicable development standards, including floor area
limit, setbacks, height, and off-street parking as evidenced by the project plans and
summarized in Table 1, below.
Table 1 – Zoning and LCP Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 0 feet 9 inches
Left Side 5 feet (abutting residential) 5 feet
Right Side 0 feet 3 inches
Rear 5 feet (abutting residential) 5 feet 8 inches
Finished Floor Elevation
(min.)
9.0 feet minimum (North
American Vertical Datum of
1988 [NAVD 88])
30.5 feet (NAVD 88)
Floor Area Ratio
(max.)
0.5 FAR
(8,145 square feet)
0.17 FAR
(2,830 square feet)
Parking
(min.)
12 (one space per 250
square feet)
47 (including 12 tandem
spaces)
Height
(max.)
32-foot flat roof
37-foot sloped roof
32-foot flat roof
Use of Building
Condition No. 2 has been added to the draft resolution for approval (Attachment No. PC 1)
to limit the use of the building to only general office (i.e. not medical office or retail) in order
to comply with accessibility provisions as required by the Building Code. In order to
accommodate other occupancies, the second floor office space would require an elevator,
a compliant stairway, and accessible parking on the second floor level of the parking
structure.
Parking
The proposed building area for an office use is based on a parking ratio of one space per
250 square feet of floor area. This parking rate results in a parking requirement of 12
spaces (2,830/250=12) to accommodate the office use. The developable area to provide
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parking on-site has been maximized and can accommodate 47 parking spaces (35
surplus parking spaces). The project is intended to support off-site parking for future
restaurants within The Garden shopping center located south of the project site across Avon
Street. A separate conditional use permit is requested as part of a proposed restaurant at
2902 West Coast Highway for off-site parking and to establish a parking management plan
for the shopping center including valet parking for the proposed structure.
Site Access
The main building access for pedestrians occurs at the street level at the intersection of
Riverside Avenue and Avon Street. As noted, vehicle access to the first floor parking
structure is from Avon Street and access to the second floor parking structure is from
Riverside Avenue. Public Works has reviewed the project plans and determined the
design is adequate for the use and is compatible with the other commercial lots in the
area. The CDP includes relief from the Implementation Plan development standards in
accordance with Section 21.52.090 (Relief from Implementation Plan Development
Standards) to allow for tandem parking.
Traffic
An analysis was conducted of the proposed project’s anticipated vehicle trips pursuant to
the City’s Traffic Phasing Ordinance. Municipal Code Chapter 15.40 (Traffic Phasing
Ordinance) requires that a traffic study be prepared and findings be made if a proposed
project will generate an increase of 300 average daily trips (ADT). Trip generation is
based upon published Institute of Traffic Engineers (ITE) rates. The property is currently
occupied by an 8,056-square-foot, three-story restaurant and office building, which
generated 294 average daily trips (ADT). The proposed reduced building area for an
office use generates 46 ADT (2.83 thousand square feet (TSF) x 16.16 ITE trip rate per
TSF = 46 ADT), or 248 fewer average daily trips. The preparation of a traffic study is not
required this project.
Conditional Use Permit - Parking Structure Adjacent to Residential
Pursuant to Section 20.40.070.B.3 (Parking Structures) of the NBMC, a conditional use
permit is required to allow for the construction of a parking structure adjacent to a
residential zoning district. Pursuant to Section 20.52.020.F (Findings and Decision) of the
NBMC, the Planning Commission must make the following findings in order to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
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3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be 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 use.
As previously stated, the commercial building and related uses are consistent with the
CG General Plan land use designation and CG zoning district. The parking structure is
considered an accessory use that supports commercial uses. Parking structures are
generally compatible with the other commercial uses located in Mariners’ Mile; however,
due to its close proximity to the residential uses to the north, the design and operation of
the parking structure has the potential to impact the adjacent residences.
The parking structure will be visually screened by vegetation surrounding the rear and
sides of the parking structure to help block the view from Cliff Drive Park and adjacent
residential properties that are at a higher elevation. A portion of the second level structure
will be covered by a trellis carport cover adjacent to Avon Street. The trellis adds
architectural interest to the architectural façade of the building and helps to screen and
shade portions of the second level parking deck that may be visible to residences above.
The parking structure is proposed to be built into the base of the hillside adjacent to a
residential district. The neighboring residential properties are located along the top of the
hillside approximately 63 feet above the project’s first floor pad elevatio n, approximately
55 feet above the second level parking deck elevation, and approximately 48 feet above
the top of the parking structure trellis. The closest residential dwelling is located
approximately 24 feet northeast of the existing retaining wall supporting the proposed
parking structure. These vertical and horizontal separations between the proposed
commercial building and the homes provide adequate distance so that the mass and bulk
of the parking structure should not negatively impact residents.
Parking structures have the potential to generate noise, such as car alarms, car horns,
car audio systems, people talking, vehicle pass-bys, and engine idling, which have the
potential to disturb the adjacent residences. These individual noise sources last for short
durations and their occurrences are infrequent; however, they can annoy neighbors. The
existing site has an 18-space surface level parking lot at the same elevation as the upper
level of the proposed parking structure. The proposed parking structure provides more
parking spaces at this level (25 spaces) but the impacts from vehicle movements will be
similar to that of existing conditions.
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A noise analysis was prepared by Urban Crossroads to analyze the potential noise
impacts associated with vehicle movements at the uncovered parking structure to the
adjacent residents using sound modeling. The analysis concludes that the noise
generated from vehicle movements within the first and second level of the structure will
satisfy the Municipal Code daytime and nighttime base exterior noise level standards at
the nearby noise-sensitive residential homes and adjacent commercial uses. No
additional exterior noise abatement measures are required.
Illumination of the parking structure is necessary for safety; however, it also has the
potential to negatively impact the residents above if not properly designed and controlled.
The project has been conditioned to require a photometric study and nighttime lighting
inspection to confirm there are no light and glare impacts.
The increased parking supply for the area may potentially result in more activity and
additional late night activities (noise, headlights, and valet operations) if the spaces are
authorized as off-site parking for other uses in the area. The operation and use of this
surplus parking will be analyzed in detail as part of a parking management plan for off-
site parking with a conditional use permit for these future uses.
Modification Permit - Tandem Parking
A modification permit for access to parking spaces (tandem parking) is required in
accordance with Section 20.52.050 (Modification Permits). In accordance with this
Section, the Planning Commission must also make the following findings for approval of
a modification permit:
1. The requested modification will be compatible with existing development in the
neighborhood.
2. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and/or structure, and/or characteristics of the use.
3. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
4. There are no alternatives to the Modification Permit that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public.
5. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or
the City, or result in a change in density or intensity that would be inconsistent with
the provisions of this Zoning Code
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The irregular lot depth makes it only feasible to provide a single drive aisle within the
parking structure at each level. However, there is sufficient depth to provide tandem
parking for a portion of the parking spaces where the site widens to maximize parking
supply. Strict application of the Zoning Code would result in the loss of six spaces,
reducing the supply of parking that would benefit the area. Policy 1.35 of the Mariners’
Mile Strategic Vision and Design Framework promotes comprehensive parking strategies
for the Mariners’ Village sub-area including encouraging more common parking lots.
Given its location, this project provides a unique opportunity to redevelop the site to
provide additional parking to support the adjacent shopping center or other nearby uses.
The proposed 12 tandem parking spaces will serve the new office building and will be
split between the first and second levels of the proposed parking structure. Employees
are intended to utilize the front of the tandem parking stalls since they will most likely use
the parking for the duration of the day. Customers and visitors are intended to utilize the
rear second space in each of the tandem stalls since they typically access the site for a
shorter duration than employees. This design will also afford customers easier access
into and out of the site. A parking management plan is provided as Attachment No. PC 3.
Tandem parking arrangements for office, restaurant, and commercial buildings are used
at various locations within the City. When operated according to an approved plan,
tandem parking has proven a proficient way to maximize parking efficiency and on-site
parking demand.
The Traffic Engineer and Fire Department have reviewed the parking lot design and have
determined that it will function safely and will not prevent emergency vehicle access.
Although tandem parking within a parking structure is not ideal, given the design
constraints with providing parking on an oddly-shaped sloping lot, the proposed tandem
parking configuration is a reasonable solution to increase parking supply for the area.
Coastal Development Permit
The proposed development involves new nonresidential development within the Coastal
Zone. The Director has determined that a coastal development permit is required and that
the project is not eligible of a waiver for de minimis development because the proposed
development involves potential opposition or probable public controversy. Public comments
received are provided as Attachment No. PC 4.
The first comment submitted is an inquiry about the project status, project height, and
massing, noting that they had not received a public notice. Staff has provided a response
and update on the public hearing process, noting that public notices are sent closer to a
scheduled hearing date and inviting the resident and their representative to come in to
review the project plans on file.
The second comment is an objection regarding a long-term lease with the optometry tenant
on-site. Staff has reviewed the comments and considers the lease to be a private civil matter
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between landlord and tenant that does not prevent the property owner from pursuing land
entitlements to redevelop the property.
Four additional comment letters are included supporting the proposed development.
In accordance with Section 21.52.015 (Coastal Development Permits), the Planning
Commission must make the following findings in order to approve a coastal development
permit.
1. Conforms to all applicable sections of the certified Local Coastal Program;
2. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
As identified in Table 1, the proposed development conforms to all development standards
for the CG (Commercial General) Zoning district as provided in the Zoning Code (Title 20)
and the Local Coastal Program (Title 21). The project has also been analyzed for
conformance with the following sections pertaining to the certified Local Coastal Program.
Hazards and Water Quality
The property is located in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code and Building Division
standards and policies. Geotechnical investigations specifically addressing liquefaction are
required to be reviewed and approved prior to the issuance of building permits. Permit
issuance is also contingent on the inclusion of design mitigation identified in the
investigations. Construction plans are reviewed for compliance with approved investigations
and the California Building Code (CBC) prior to building permit issuance.
The project is required to adhere to the City’s grading, erosion control, and drainage
requirements that includes percolation features and retention of dry weather and minor rain
event run-off on-site. Any water not retained on-site is directed to the City’s storm drain
system. Due to the area of proposed impervious surfaces on the project site, a Water
Quality Management Plan (WQMP) / Water Quality and Hydrology Plan (WQHP) is
required. A WQMP/WQHP prepared by Total Engineering, Inc., dated June 17, 2019, has
been reviewed and approved by the City’s Engineer Geologist . The WQMP/WQHP
includes a polluted runoff and hydrologic site characterization, a sizing standard for Best
Management Practices (BMPs), use of a Low Impact Development (LID) approach to
retain the design storm runoff volume on site, and documentation of the expected
effectiveness of the proposed BMPs.
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Coastal Views and Access
The closest Public Viewpoint is immediately adjacent and above the property to the
northwest at Cliff Drive Park. View simulations are provided as part of the project plans
(Attachment No. PC 6). The bulk and scale of the proposed development is similar to that
of the existing restaurant and office building with surface parking. The site is generally not
visible from Cliff Drive Park due to the sloping condition of the park, existing vegetation,
and the lower grade of the proposed parking structure and building pad; therefore, the
development will not impact coastal views.
The closest Coastal View Road is West Coast Highway, which is to the south, as
designated in the Coastal Land Use Plan. The project is located entirely on private
property and will not inhibit coastal views since the proposed development will be
constructed partially into the slope and comply with the 32-foot height limit. The proposed
office building and accompanying parking structure will complement the architectural style
of the adjacent shopping center to the south, improving the character of the community
and maintaining a consistent design theme. The site is not visible from Coast Highway
and the development is consistent with height standards, so no change to inland views of
the park are anticipated.
The project site is not located between the nearest public road and the sea or shoreline and
re-development will not affect public recreation, access or views. Vertical access to the bay
is available approximately 470 feet south of the site via a 6-foot-wide pedestrian access
easement located at 2751 West Coast Highway. This easement connects to a 6-foot-wide
lateral pedestrian access easement along the bulkhead between 2901 and 2751 West
Coast Highway, providing views of the waterfront and harbor.
In accordance with Section 21.52.090 (Relief from Implementation Plan Development
Standards), the Planning Commission must also make the following considerations and
findings for a modification permit in the Coastal Zone.
Considerations:
1. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater
consistency with the certified Local Coastal Program and/or that are more
protective of coastal resources.
Findings:
1. The granting of the modification is necessary due to practical difficulties
associated with the property and that the strict application of the Implementation
Plan results in physical hardships; or
3. The modification or variance complies with the findings required to approve a
coastal development permit in Section 21.52.015(F);
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4. The modification or variance will not result in development that blocks or
significantly impedes public access to and along the sea or shoreline and to
coastal parks, trails, or coastal bluffs;
5. The modification or variance will not result in development that blocks or
significantly impairs public views to and along the sea or shoreline or to coastal
bluffs and other scenic coastal areas;
6. The modification or variance will not result in development that has an adverse
effect, either individually or cumulatively, on coastal resources, including
wetlands, sensitive habitat, vegetation, or wildlife species; and
7. The granting of the modification or variance will not be contrary to, or in conflict
with, the purpose of this Implementation Plan, nor to the applicable policies of the
certified Local Coastal Program. (Ord. 2019-5 § 6, 2019)
As discussed in the Modification Permit and Coastal Development Permit sections, granting
of a modification permit for tandem parking will increase parking supply for the area and
allow redevelopment of an existing underutilized commercial lot that will result in a
structure that is equitable in size and bulk to the existing development. There are no
coastal resources provided on-site and public views from the adjacent Cliff Drive Park are
maintained. While an alternative, more compliant design could be developed, the
applicant’s goal to increase parking supply to serve existing and future visitor-serving
uses would not be realized. In this case, staff believes the findings can be made to
improve public access through the provision of additional parking.
ALTERNATIVES
1. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the changes are
substantial, the item should be continued to a future meeting to allow redesign of
the project.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission should deny the application
request (Attachment No. PC 2).
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15332, of the California Environmental
Quality Act (CEQA) Guidelines - Class 32 (In-Fill Development Projects). This exemption
applies to in-fill development projects in urban areas that are consistent with the General
Plan and applicable development standards. In addition, the proposed development must
occur on a site of no more than five acres, have no value as habitat for endangered, rare
or threatened species, be adequately served by all utilities and public services, and must
not result in any significant effects relating to traffic, air quality, water quality, or any other
significant effect on the environment due to an unusual circumstance.
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The proposed project site is 0.37 acres in size, is located within an urban area, and can
be adequately served by all required utilities and public services. The project is consistent
with the General Plan designations and policies, and can be found consistent with all
applicable Zoning regulations upon approval of the requested applications. An acoustical
analysis, preliminary Water Quality Management Plan, traffic analysis, and water/waste-
water generation memorandum have been prepared. An analysis of the property indicates
that the project site and adjacent areas have no value as habitat for endangered, rare, or
threatened species. The project is expected to have less than significant impacts related
to traffic, noise, air quality, and water quality. A more detailed analysis and determination
supporting the Class 32 exemption is attached as Attachment No. PC 5.
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential
occupants of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) including the applicant and posted on the subject property
at least 10 days before the scheduled meeting, consistent with the provisions of the
Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website.
APPEAL PERIOD
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the City Clerk in
accordance with the provisions of Chapter 20.64 (Appeals) and Chapter 21.64 (Appeals
and Calls for Review) of the NBMC. The project site is not located within the appeal area of
the Coastal Zone; therefore, final action by the City may not be appealed to the California
Coastal Commission. For additional information on filing an appeal, contact the Planning
Division at 949-644-3200.
Prepared by: Submitted by:
JM/mkn
ATTACHMENTS
PC 1 Draft Resolution for Approval with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Parking Management Plan
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PC 4 Public Comments
PC 5 Class 32 Exemption
PC 6 Project Plans and View Simulations
:\Users\PLN\Shared\PA's\PAs - 2019\PA2019-023\PC\PC2019-023 PC Rpt.docx01/12/18
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Attachment No. PC 1
Draft Resolution for Approval with
Findings and Conditions
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RESOLUTION NO. PC2019-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT NO. CD2019-003, CONDITIONAL USE
PERMIT NO. UP2019-003, AND MODIFICATION PERMIT NO.
MD2019-003 TO DEMOLISH AN EXISTING RESTAURANT AND
OFFICE BUILDING AND CONSTRUCT A NEW OFFICE BUILDING
AND PARKING STRUCTURE LOCATED AT 215 RIVERSIDE
AVENUE (PA2019-023)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Laidlaw Schultz Architects representing property owner 215
Riverside, LLC (“Applicant”), with respect to property located at 215 Riverside Avenue,
requesting approval of a coastal development permit, conditional use permit, and
modification permit.
2. The lot at 215 Riverside Avenue is legally described as a portion of Lot D of Tract 919,
including a portion of the abandoned street adjacent (“Property”).
3. The Applicant requests the following approvals from the City of Newport Beach (“City”):
x Coastal Development Permit (“CDP”) - to allow demolition of an existing
restaurant/office building and associated surface parking lot and construction of a
new forty-seven (47)-space, two (2)-level parking structure and a two thousand,
eight hundred and thirty (2,830)-square-foot office building (“Project”). The CDP
includes relief from the Implementation Plan development standards in accordance
with Section 21.52.090 (Relief from Implementation Plan Development Standards)
to allow for tandem parking.
x Conditional Use Permit - to authorize the construction of the parking structure
adjacent to the residentially zoned property.
x Modification Permit to authorize twelve (12) tandem parking spaces on the first
and second floor levels to serve the office use. The Project includes hardscape,
drainage, and landscape improvements. The Project complies with all applicable
development standards including height, setbacks, and floor area limits. The Project
is designed to support surplus off-site parking for The Garden shopping center
located south of the Project across Avon Street. Approval of off-site parking will
require the processing of a separate conditional use permit and coastal
development permit.
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4. The Property is designated CG (General Commercial) by the General Plan Land Use
Element and is located within the CG (Commercial General) Zoning District.
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
CG-B (Commercial General) and it is located within the CG (Commercial General) Coastal
Zone District.
6. A public hearing was held on August 22, 2019, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
was given in accordance with California Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapter 20.62 of the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant
to Section 15332 under Class 32 (In-Fill Development Projects) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment. This exemption applies to in-fill
development projects in urban areas that are consistent with the General Plan and
applicable development standards. In addition, the proposed development must occur
on a site of no more than five acres, have no value as habitat for endangered, rare or
threatened species, be adequately served by all utilities and public services, and must
not result in any significant effects relating to traffic, air quality, water quality, or any
other significant effect on the environment due to an unusual circumstance.
2. An analysis and exemption determination was prepared for this Project. The Project is
0.37 acres in size, is located within an urban area, and can be adequately served by all
required utilities and public services. The Project is consistent with the General Plan
designations and policies and can be found consistent with all applicable zoning
regulations upon approval of the requested applications. An acoustical analysis,
preliminary Water Quality Management Plan, traffic analysis, and water/waste-water
generation memorandum have been prepared. An analysis of the Property indicates that
the Project and adjacent areas have no value as habitat for endangered, rare, or
threatened species. The project is expected to have a less than significant impacts
related to traffic, noise, air quality, and water quality. Therefore, the proposed project
meets all of the conditions described above for in-fill development and qualifies for a
Class 32 exemption.
SECTION 3. REQUIRED FINDINGS.
I. COASTAL DEVELOPMENT PERMIT
A coastal development permit is required to authorize the demolition, redevelopment project,
and use of tandem parking (access to parking spaces). In accordance with Section
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21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Project complies with applicable development standards including, but not limited
to, floor area limitation, setbacks, height, and parking.
a. The maximum floor area limitation is equal to a floor area ratio (“FAR”) of 0.5 or
8,145 square feet and the proposed floor area is 0.17 FAR or 2,830 square-feet.
b. The Project provides the minimum required setbacks, which are zero (0) feet along
the front property line abutting Riverside Avenue and Avon Street, zero (0) feet on
the right side yard, and five (5) feet on the left side yard and rear yard abutting the
residential properties.
c. The highest parapet is less than 32 feet from established grade (30.5 feet North
American Vertical Datum of 1988 [NAVD 88]), which complies with the maximum
height requirements.
d. The Project includes a parking structure for a total of 47 vehicles, complying with
the minimum 12 parking spaces required for the 2,830-square-foot office
development on-site.
2. The front façade of the parking structure has been designed to be architecturally
compatible with and appear as an extension to The Garden shopping center located to
the south across Avon Street. The proposed design, bulk, and scale of the development
is consistent with the existing neighborhood pattern of development and expected future
development. The bulk of the proposed building is similar to or less than that of the
existing development on site.
3. The Project is an inland parcel that is not located on the waterfront.
4. The Property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (“CBC”)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
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5. The Property is not located within 200 feet of coastal waters. The project design addresses
water quality with a construction erosion control plan and a post-construction drainage
system. The Project is required to adhere to the City’s grading, erosion control, and
drainage requirements that includes percolation features and retention of dry weather and
minor rain event run-off on-site. Any water not retained on-site is directed to the City’s
storm drain system.
6. Due to the area of proposed impervious surfaces on the Project site, a Water Quality
Management Plan (“WQMP”) / Water Quality and Hydrology Plan (“WQHP”) is required.
A WQMP/WQHP prepared by Total Engineering, Inc., dated June 17, 2019, has been
reviewed and approved by the City’s Engineer Geologist. The WQMP/WQHP includes
a polluted runoff and hydrologic site characterization, a sizing standard for Best
Management Practices (“BMPs”), use of a Low Impact Development (“LID”) approach
and bio filtration planters to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs.
7. Proposed landscaping complies with Implementation Plan Section 21.30.075
(Landscaping) of the NBMC. A condition of approval is included that requires drought-
tolerant species. Prior to issuance of building permits, the final landscape plans will be
reviewed to verify invasive species are not planted.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone .
Facts in Support of Finding:
1. The Project is not located between the nearest public road and the sea or shoreline; the
project will not affect the public’s ability to gain access to, use, and/or view the coast and
nearby recreational facilities.
2. Vertical access to the bay front is available approximately 625 feet south of the site at 2751
West Coast Highway where there is a pedestrian easement with access to the waterfront.
3. Lateral access and views of the bay are also accessible from 2751 West Coast Highway
and 2801 West Coast Highway via a six (6)-foot-wide pedestrian easement.
4. The closest public viewpoint is immediately adjacent and above the Property to the
northwest at Cliff Drive Park. The Project is located entirely on private property and will
not inhibit coastal views since the Project will be constructed partially into the slope and
comply with the 32-foot height limit. View simulations are provided as part of the project
plans. Due to the distance and height differential of the Project from these public
viewpoints, the development and change of use of the existing building will not impact
coastal views. The bulk and scale of the proposed development is similar to that of the
existing restaurant and office building with surface parking. The Project is generally not
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visible from Cliff Drive Park due to the sloping condition of the park, existing vegetation
in surrounding areas, and the lower grade of the proposed parking structure and building
pad.
5. The closest Coastal View Road is West Coast Highway, which is located to the south,
as designated in the Coastal Land Use Plan. Views from this vantage point are directed
toward the harbor and away from the Property, which is inland and north of West Coast
Highway. The bulk and scale of the proposed development is similar to that of the
existing restaurant and office building with surface parking. The proposed office building
and accompanying parking structure will complement the architectural style of the
adjacent shopping center to the south, improving the character of the community and
maintaining a consistent design theme.
In accordance with Section 21.52.090 (Relief from Implementation Plan Development
Standards) of the NBMC, the following considerations, findings, and facts in support of findings
are set forth to allow for a modification permit authorizing the use of tandem parking (access
to parking spaces):
Finding:
C. The Planning Commission has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
Facts in Support of Finding:
1. Granting of a modification permit will benefit the Mariners’ Mile Village study area by
redeveloping an existing underdeveloped commercial lot with a unique development
opportunity. The Project significantly increases the supply of parking available for other
visitor-serving uses in the area and is equitable in size and bulk to the existing
development.
2. While the Project is requesting a modification permit for tandem parking, it complies with
all other applicable development standards including, but not limited to, setbacks, floor
area, height limitation, and other applicable parking requirements.
3. Disapproval of the modification permit could result in a reduction in parking supply for
the area.
4. There are no coastal resources to protect on the Property.
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Finding:
D. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Implementation Plan results in physical
hardships; or
Facts in Support of Finding:
1. Tandem parking is necessary in order to maximize parking supply on an oddly shaped
lot. Given their close proximity to the adjacent office tenant, these spaces can be utilized
and managed by the tenant without the need for valet parking attendants.
2. Refer to Facts in Support of Finding Q.
Finding:
E. The modification complies with the findings required to approve a coastal development
permit in Section 21.52.015(F);
Fact in Support of Finding:
1. Facts in Support of Findings A and B above are hereby incorporated by reference.
Finding:
F. The modification will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs;
Fact in Support of Finding:
1. The Property does not currently provide access to the sea or shoreline, nor does it
provide access to any coastal parks, trails, or coastal bluffs. While the Property is
adjacent and immediately east of Cliff Drive Park, direct access to the park above is not
provided on-site.
Finding:
G. The modification or variance will not result in development that blocks or significantly
impairs public views to and along the sea or shoreline or to coastal bluffs and other
scenic coastal areas;
Fact in Support of Finding:
1. There are no coastal resources on the Property.
2. Refer to Facts in Support of Finding B, which are hereby incorporated by reference.
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Finding:
H. The modification will not result in development that has an adverse effect, either
individually or cumulatively, on coastal resources, including wetlands, sensitive habitat,
vegetation, or wildlife species; and
Fact in Support of Finding:
1. There are no coastal resources on the Property nor are there any in the immediate area
that could be affected by its redevelopment.
Finding:
I. The granting of the modification will not be contrary to, or in conflict with, the purpose of
this Implementation Plan, nor to the applicable policies of the certified Local Coastal
Program.
Fact in Support of Finding:
1. Facts in Support of Findings A and B above are hereby incorporated by reference.
II. CONDITIONAL USE PERMIT
Pursuant to Sections 20.40.070(B)(3) (Development Standards for Parking Areas, Location of
Parking Facilities) of the NBMC, a conditional use permit is required to allow for the construction
of a parking structure adjacent to a residential zoning district and to establish a parking
management plan.
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits,
Findings and Decision) of the NBMC, the following findings and facts in support of such findings
are set forth:
Finding:
J. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The commercial building and related uses are consistent with CG General Plan land use
designation. The parking structure is considered an accessory use that supports the
commercial uses. Parking structures are commonly associated with restaurant
development and compatible with the other commercial uses located in Mariners’ Mile.
2. The Property is not located within a specific plan area.
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Finding:
K. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Fact in Support of Finding:
1. The commercial building and related uses are consistent with the CG zoning district.
The parking structure is considered an accessory use that supports commercial uses.
Parking structures located adjacent to residential districts require review and approval
of a conditional use permit to minimize impacts to the residential uses.
Finding:
L. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The parking structure will be visually screened by vegetation surrounding the rear and
sides of the parking structure to help block the view from Cliff Drive Park and adjacent
residential properties. A portion of the second level structure will be covered by a trellis
carport cover adjacent to Avon Street. The trellis adds architectural interest to the
architectural façade of the building and helps to screen portions of the second level
parking deck that may be visible to residences above.
2. The parking structure is proposed at the base of the hillside adjacent to a residential
district. The neighboring residential properties are located along the top of the hillside
approximately sixty three (63) feet above the project’s first floor pad elevation. The
parking structure will be built into an existing retaining wall in the hillside and the second
level deck of the parking structure is eight (8) feet above the first floor pad elevation
directly adjacent to the residential district. The residential dwellings will remain
approximately fifty five (55) feet higher in elevation than the surface of the second level
parking deck and approximately forty eight (48) feet higher in elevation than the top of
the parking structure trellis. The closest residential dwelling is located approximately
twenty four (24) feet from the existing retaining wall supporting the parking structure.
These vertical and horizontal separations between the proposed commercial building
and the homes provide adequate distance so that the mass and bulk of the parking
structure should not negatively impact residents.
Finding:
M. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
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Facts in Support of Finding:
1. The Project results in a parking requirement of twelve (12) spaces, which are provided
on-site within the forty seven (47)-space parking structure. The Applicant’s Parking
Operational Plan should ensure that employees and patrons are able to park on site.
2. The Parking Operational Plan has been reviewed and approved by the City’s Traffic
Engineer. Additionally, the Traffic Engineer and Fire Department have reviewed the
parking lot design and have determined that the parking lot design will function safely
and will not prevent emergency vehicle access to the establishment. Given the design
constraints of the lot shape, the proposed parking management plan is a reasonable
solution.
Finding:
N. Operation of the use at the location proposed would not be 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 use.
Facts in Support of Finding:
1. Parking structures have the potential to generate noise, such as car alarms, car horns,
car audio systems, people talking, vehicle pass-bys, and engine idling, which have the
potential to disturb the adjacent residences. These individual noise sources last for short
durations and their occurrences are infrequent; however, they can annoy neighbors. The
existing site has an eighteen (18)-space surface level parking lot at approximately the
same elevation as the upper level of the proposed parking structure. The proposed parking
structure will accommodate more parking spaces at this level (twenty five [25] spaces) but
the impacts from vehicle movements will be similar to that of existing conditions.
2. A noise analysis was prepared by Urban Crossroads to analyze the potential noise
impacts associated with vehicle movements at the uncovered parking structure to the
adjacent residents using sound modeling. The analysis concludes that the noise
generated from vehicles within the first and second level of the structure will satisfy
Section 10.26.025 (Exterior Noise Standards) of the NBMC daytime and nighttime base
exterior noise level standards at the nearby noise-sensitive residential homes and
adjacent commercial uses. No additional exterior noise abatement measures are
required.
3. The Project has been conditioned to require a nighttime light inspection to confirm there
are no light and glare impacts.
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III. MODIFICATION PERMIT
In accordance with Section 20.52.050(E) (Modification Permits, Required Findings) of the
NBMC, the following findings and facts in support of such findings are set forth, authorizing the
use of tandem parking (access to parking spaces):
Finding:
O. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
1. The tandem parking spaces will be screened from view and located at the first and
second floor levels, which occur at or below the grade elevation of the existing surface
parking lot. The parking structure is designed to complement the architectural style of
the adjacent shopping center, improving the character of the community and maintaining
a consistent design theme. The building will comply with maximum floor area ratio and
height limits.
2. The lower portion of Riverside Avenue is located within Mariners’ Mile and is developed
with a mix of commercial, office, and service uses. The added parking supply provided
by tandem parking will help support these surrounding uses in the area.
3. The proposed twelve (12) tandem parking spaces will serve the new two thousand, eight
hundred and thirty (2,830)-square-foot office building and will be split between the first
and second levels of the proposed parking structure. Employees are intended to utilize
the front of the tandem parking stalls since they will most likely use the parking for the
duration of the day. Customers and visitors are intended to utilize the rear space in each
of the tandem stalls since they typically access the site for a shorter duration than
employees. This design will also afford customers easier access into and out of the site.
4. Tandem parking arrangements for office, restaurant, and commercial buildings are used
at developments/businesses within the City. When operated according to an approved
plan, tandem parking has proven a proficient way to maximize parking efficiency and
on-site parking demand.
5. Access to the first floor parking structure is from Avon Street and access to the second
floor parking structure is from Riverside Avenue. Access has been determined to be
adequate for the use and is compatible with the other commercial lots in the area.
Finding:
P. The granting of the modification is necessary due to the unique physical characteristic(s)
of the property and/or structure, and/or characteristics of the use.
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Facts in Support of Finding:
1. The Project is located on an odd-shaped lot that is roughly six (6)-sided and eighty (80)
feet in depth by one hundred thirty (130) feet in length. The Property is also located on
a steeply sloping site where an existing retaining wall limits the developable area of the
Project. The irregular lot depth makes it only feasible to provide a single drive aisle within
the parking structure at each level. However, there is sufficient depth to provide tandem
parking for a portion of the parking spaces where the site widens to maximize parking
supply for the area.
2. The depth of the lot necessitates the addition of tandem parking stalls to better improve
the efficiency and supply of parking provided on the site.
3. Although parking and retrieving vehicles may take longer than if single parking stalls are
used, employees of the offices will be required to utilize the front of tandem parking
spaces to help alleviate prolonged waiting time for customers and clients of the office
tenants on site. The spaces will be managed by the office tenants, eliminating the need
for valet operation.
Finding:
Q. The granting of the modification is necessary due to practical difficulties associated with
the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
1. Refer to Facts in Support of Finding P, which are hereby incorporated by reference.
2. Strict application of the Zoning Code (Title 20 of the NBMC) would result in the loss of
six (6) spaces, reducing the supply of parking that will benefit the area. Policy 1.35 of
the Mariners’ Mile Strategic Vision and Design Framework promotes comprehensive
parking strategies for the Mariners’ Village sub-area including encouraging more
common parking lots.
3. The available area to provide parking on-site has been maximized and can
accommodate forty seven (47) parking spaces. The additional parking supply (thirty-five
[35] parking spaces) are intended to serve the parking needs of the adjacent shopping
center. Off-site and valet parking for this design has been requested through a separate
conditional use permit for 2901 West Coast Highway and The Garden shopping center.
Finding:
R. There are no alternatives to the modification permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
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Facts in Support of Finding:
1. An alternate solution would be to construct an additional level for the parking structure
or subterranean parking. Both of those options would require a significant change to the
scope of work and may result in a structure with undesirable build, bulk, or scale. Adding
a level to the parking structure may be cost prohibitive and would reduce the amount of
parking available at the first and second levels due to the need for access ramps.
2. It is not anticipated that the use of tandem parking spaces will be detrimental to
surrounding owners or the neighborhood since the spaces will be managed by the office
tenants, eliminating the need for valet operations. Conditions of approval are included
to require signage and a parking coordinator on-site as suggested in the Parking
Management Plan.
Finding:
S. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
Facts in Support of Finding:
1. The Project has been reviewed for adequate access and circulation for use by
employees, patrons and access by emergency vehicles.
2. On-site circulation is not expected to be impacted by the tandem parking configuration.
3. Conditions of approval have been included with this resolution to ensure fire services
and utilities are protected in place.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15332 under Class 32 (Infill Development Projects) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2019-003, Conditional Use Permit No. UP2019-003, and
Modification Permit No. MD2019-003 subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
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3. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal or call for review is filed with
the Community Development Director in accordance with the provisions of Newport
Beach Municipal Code Chapters 20.64 and 21.64. The Project is not located within the
appeal area of the Coastal Zone; therefore, final action by the City may not be appealed
to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF AUGUST, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik We igand, Vi ce Ch air
BY:_________________________
Lee Lowrey, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. The Project 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 use of the building shall be limited to general office only in order to comply with
accessibility provisions as required by the Building Code. A change of use on the second
floor from a general office would require an elevator, a compliant stairway to the second
floor level and an accessible parking on the second level parking deck. The parking
management plan (PA2019-006) shall be amended if another use is allowed within the
building.
3. Employees of the offices shall utilize the front of tandem parking stalls to help alleviate
prolonged waiting time for customers and clients of the office tenants on-site.
4. The twelve (12) tandem parking spaces shall be striped and/or signed as dedicated
parking spaces which are designated for the general office tenant(s).
5. A representative of the office tenant shall be assigned as the “Parking Coordinator” (PC)
The PC assigns the tandem parking space locations (i.e. 1A, 1B, 2A, 2B, etc.) to
employees. Employees are provided with a sticker/placard which designates the
assigned tandem parking location. Employees can only park within the front of the
tandem parking spaces. The PC should take into account employee shifts and
schedules in order to minimize unnecessary movement of vehicles during business
hours.
6. Prior to the issuance of a building permit, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are “1” or less at all property lines.
7. Exterior lighting standards shall be no more than twenty (20) feet in height.
8. Wall pack lighting shall be prohibited. All outdoor lighting fixtures shall be designed,
shielded, aimed, located, and maintained to shield adjacent properties and to not
produce glare onto adjacent properties or roadways. Parking lot light fixtures and light
fixtures on buildings shall be full cut-off fixtures.
9. Prior to final of building permits, a nighttime lighting inspection shall be conducted to
confirm lighting will not cause a nuisance to adjacent residential properties.
10. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
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Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
11. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
12. This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
13. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
14. Debris from demolition shall be removed from work areas each day and removed from
the Project within twenty four (24) hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
15. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
16. Revisions to the approved plans may require an amendment to this Coastal
Development Permit, Conditional Use Permit and/or Modification Permit or the
processing of a new coastal development permit, conditional use permit, and/or
modification permit.
17. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. 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 Coastal
Development Permit, Conditional Use Permit, and/or Modification Permit.
19. This Coastal Development Permit, Conditional Use Permit, and Modification Permit may
be modified or revoked by the Planning Commission if determined that the proposed
uses or conditions under which it is being operated or maintained is detrimental to the
public health, welfare or materially injurious to property or improvements in the vicinity
or if the Property is operated or maintained so as to constitute a public nuisance.
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20. Prior to the issuance of a building permit, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
21. Prior to the issuance of a building permit, a copy of the Resolution, including conditions
of approval Exhibit “A,” shall be incorporated into the Building Division and field sets of
plans.
22. Prior to the issuance of a building permit, 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 Coastal Development Permit, Conditional Use Permit, and Modification
Permit.
23. Prior to the issuance of a building permit, the Applicant shall submit a final landscape
and irrigation plan. These plans shall incorporate drought-tolerant plantings, non-
invasive plant species and water-efficient irrigation design. The plans shall be approved
by the Planning Division.
24. 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.
25. 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.
26. 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 the current
Property owner or agent.
27. This Coastal Development Permit No. CD2019-003, Conditional Use Permit No. UP2019-
003, and Modification Permit No. MD2019-003 shall expire unless exercised within 24
months from the date of approval as specified in Section 20.54.060 and Section 21.54.060
(Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension
is otherwise granted.
28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
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whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of The Garden Office and Parking Structure including, but not limited to, Coastal
Development Permit No. CD2019-003, Conditional Use Permit No. UP2019-003 and
Modification Permit No. MD2019-003 (PA2019-023). This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
FIRE DEPARTMENT
29. Fire access roads will be required as per California Fire Code (CFC) Section 503.1.1
and Newport Beach Fire Department Guideline C.01 and C.02.
30. An approved water supply capable of supplying the required fire flow for fire protection
shall be provided to premises upon which facilities and buildings are hereafter
constructed or moved into or within the jurisdiction. CFC Section 507.1
31. Fire flow shall be determined as per City of Newport Beach Guideline B.01. CFC Section
507.3.
32. Fire hydrants shall be provided and located within 400 feet of all portions of the building.
CFC Section 507.5.1.
33. Public Safety Radio Coverage will be required as per CFC Section 510.1 and City of
Newport Beach Guideline D.05.
34. Standby power shall be provided for emergency responder radio coverage systems as
required in CFC Section 510.4.2.3. The standby power supply shall be capable of
operating the emergency responder radio coverage system for a duration of not less
than twenty four (24) hours. CFC Section 604.2.3.
BUILDING DIVISION
35. Accessible parking stalls shall comply with Section 11B-502 of the California Building
Code (CBC).
36. Accessible path of travel shall comply with Section 11B-402 of the CBC; steps/stairs not
permitted as part of the accessible path.
37. The trellis element shall comply with 602 and 705 of the CBC for the exterior construction
opening requirement.
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Planning Commission Resolution No. PC2019-024
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38. Prior to the issuance of a building permit, the applicant shall submit a final drainage and
grading plan. The plan shall be subject to the review and approval by the Building
Division.
39. 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.
40. 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 (2) feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six (6)-inch surface layer, subject to review/discretion of the geotechnical
engineer.
41. Prior to the issuance of a grading permit, 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 Applicant will provide
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Planning Commission Resolution No. PC2019-024
Page 19 of 20
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.
42. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a
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
BMPs to ensure that no violations of water quality standards or waste discharge
requirements occur.
43. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the Project to minimize the likelihood that pollutants will be
used, stored or spilled on the Project that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP
shall list and describe all structural and non-structural BMPs. In addition, the WQMP
must also identify the entity responsible for the long-term inspection, maintenance, and
funding for all structural (and if applicable, Treatment Control) BMPs.
PUBLIC WORKS DEPARTMENT
44. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
45. All improvements shall comply with the City’s sight distance requirement per City
Standard STD-110-L, including project driveway approaches and the Avon Street and
Riverside Drive intersection.
46. An encroachment permit is required for all work activities within the public right-of-way
or park area.
47. Prior to the issuance of building permits, the parking layout shall comply with City
Standard STD-805-L-A and STD-805-L-B. Dead end drive aisles shall be accompanied
by a dedicated turnaround space and a minimum five (5) foot drive aisle extension. The
ramp slopes shall be limited to fifteen (15) percent maximum. The slope change shall
be limited to eleven percent maximum and minimum five (5) foot intervals.
48. Prior to final of building permits, the public parking layout along Avon Street shall comply
with City Standards with nine (9)-foot-wide parking spaces at each end. The parking
meter posts shall be relocated to accommodate the new parking layout. Final design
shall be subject to review and approval by the City Traffic Engineer.
49. Prior to final of building permits, the existing sewer lateral shall be abandoned at the
property line. A new sewer lateral and sewer clean out shall be installed per City
Standard STD-406-L.
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Planning Commission Resolution No. PC2019-024
Page 20 of 20
50. Prior to final of building permits, the applicant shall be required to upgrade/reconstruct
all non-compliant water services per City Standard.
51. Structural encroachment, including but not limited to, caissons, retaining walls, and tie-
backs are prohibited within the public-right-of-way.
52. Prior to final of building permits, applicant shall be required to landscape all portions of
disturbed or damaged landscaping within the park or parkway areas per the direction of
the Public Works Department.
53. Prior to the issuance of building permits, proposed encroachments, including handrails
within the existing street easement along Avon Street shall be removed and relocated
to an area outside of the easement.
54. Tandem parking spaces shall be assigned to the same suite.
55. If valet parking is proposed, a valet operation plan shall be prepared and submitted for
review and approval by the Community Development Director and City Traffic Engineer.
Parking in drive aisles shall be prohibited as part of the valet operation unless the entire
parking lot is valet parked.
56. 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 prior to final of building permits,.
57. County Sanitation District fees shall be paid prior to the issuance of any building permits.
58. Prior to the commencement of demolition and grading of the project, the Applicant shall
submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the Applicant shall be responsible for
implementing and complying with the stipulations set forth in the approved plan.
59. Traffic control and truck route plans shall be reviewed and approved by the Public Works
Department before their implementation. Large construction vehicles shall not be
permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
38
Attachment No. PC 2
Draft Resolution for Denial
39
INTENTIONALLY BLANK PAGE40
RESOLUTION NO. PC2019-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH DENYING COASTAL DEVELOPMENT
PERMIT NO. CD2019-003, CONDITIONAL USE PERMIT NO.
UP2019-003, AND MODIFICATION PERMIT NO. MD2019-003 TO
DEMOLISH AN EXISTING RESTAURANT AND OFFICE
BUILDING AND CONSTRUCT A NEW OFFICE BUILDING AND
PARKING STRUCTURE LOCATED AT 215 RIVERSIDE AVENUE
(PA2019-023)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Laidlaw Schultz Architects representing property owner 215
Riverside, LLC (“Applicant”), with respect to property located at 215 Riverside Avenue,
requesting approval of a coastal development permit, conditional use permit, and
modification permit.
2. The lot at 215 Riverside Avenue is legally described as a portion of Lot D of Tract 919,
including a portion of the abandoned street adjacent (“Property”).
3. The Applicant requests the following approvals from the City of Newport Beach (“City”):
x Coastal Development Permit - to allow demolition of an existing restaurant/office
building and associated surface parking lot and construction of a new forty seven
(47)-space, two (2)-level parking structure and a two thousand, eight hundred and
thirty (2,830)-square-foot office building (“Project”).
x Conditional Use Permit - to authorize the construction of the parking structure
adjacent to residentially zoned property.
x Modification Permit to authorize twelve (12) tandem parking spaces on the first
and second floor levels to serve the office use. The Project includes hardscape,
drainage, and landscape improvements. The Project complies with all applicable
development standards including height, setbacks, and floor area limits. The Project
is designed to support surplus off-site parking for The Garden shopping center
located south of the Project across Avon Street. Approval of off-site parking will
require the processing of a separate conditional use permit and coastal
development permit.
4. The Property is designated CG (General Commercial) by the General Plan Land Use
Element and is located within the CG (Commercial General) Zoning District.
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Planning Commission Resolution No. PC2019-024
Page 2 of 4
01-25-19
5. The Property is located within the coastal zone. The Coastal Land Use Plan category is
CG-B (Commercial General) and it is located within the CG (Commercial General) Coastal
Zone District.
6. A public hearing was held on August 22, 2019, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
was given in accordance with California Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapter 20.62 of the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
I. COASTAL DEVELOPMENT PERMIT
A coastal development permit is required to authorize the demolition, redevelopment project,
and use of tandem parking (access to parking spaces). In this case, the Planning Commission
was unable to make the required findings based upon the following:
1. The proposed residence does not conform to all applicable sections of the certified Local
Coastal Program.
II. CONDITIONAL USE PERMIT
Pursuant to Sections 20.40.070.B.3 (Development Standards for Parking Areas) of the Zoning
Code, a conditional use permit is required to allow for the construction of a parking structure
adjacent to a residential zoning district and to establish a parking management plan. In this
case, the Planning Commission was unable to make the required findings based upon the
following:
1. The Planning Commission determined, in this case, that the proposed use permit for a
parking structure adjacent to residentially zoned property is inconsistent with the
legislative intent of Title 20 of the NBMC.
2. The design, location, size, and operating characteristics of the use are not compatible
with the allowed uses in the vicinity.
3. The proposed parking structure will result in vehicular access from two points of entry,
Avon Street and Riverside Avenue, and is inconsistent with a majority of the existing
development in the neighborhood that provide vehicular access from a single point of
entry.
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Planning Commission Resolution No. PC2019-024
Page 3 of 4
01-25-19
4. The site is not physically suitable in terms of design, location, shape, size, operating
characteristics.
5. The parking structure is neither required by code nor necessary for the enjoyment of the
property. If desired, and as shown through previously approved building permits, the
Property can be utilized to comply with the requirements of the NBMC and be used for
other general commercial uses and surface level parking in accordance with the existing
land use designation.
III. MODIFICATION PERMIT
In accordance with Section 20.52.050.E (Modification Permits – Required Findings) of the
Newport Beach Municipal Code, the Planning Commission has determined the Modification
Permit cannot be granted for the following reasons:
1. The Project site does not have practical difficulties that necessitate tandem parking in
order to provide code-required parking for the office building.
2. Tandem parking for the office building does not result in the most efficient use of parking
on-site. Granting of the modification for tandem parking results in a parking configuration
that is difficult to manage and operate for users of the office building.
3. Alternatives exist that could provide similar benefits to the applicant with less detriment
to surrounding owners and avoid the use of tandem parking.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Coastal
Development Permit No. CD2019-003, Conditional Use Permit No. UP2019-003, and
Modification Permit No. MD2019-003.
2. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal or call for review is filed with
the Community Development Director in accordance with the provisions of Newport
Beach Municipal Code Chapters 20.64 and 21.64. The Project site is not located within
the appeal area of the Coastal Zone; therefore, final action by the City may not be appealed
to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF AUGUST, 2019.
AYES:
NOES:
ABSTAIN:
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Planning Commission Resolution No. PC2019-024
Page 4 of 4
01-25-19
ABSENT:
BY:_________________________
Erik We igand, Vi ce Ch air
BY:_________________________
Lee Lowrey, Secretary
44
Attachment No. PC 3
Parking Management Plan
45
INTENTIONALLY BLANK PAGE46
May 16, 2019
Ms. Kaitlin Crowley
MOBILITIE
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Subject: 215 Riverside Avenue Parking Management Plan, City of Newport
Beach,
Dear Ms. Crowley:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to submit this proposed Agreement to
provide parking management plan for the proposed 2-story 2,921 square feet general
office building. The project is located at the northwest corner of Riverside Avenue and
Avon Street, in the City of Newport Beach. A total of 47 parking spaces will be provided
onsite. A site plan is included in Exhibit A.
The project is proposing to replace an existing 3-story 8,721 mixed use (restaurant, retail
and medical office) building.
Based on the site plan provided in Exhibit A, the project will consist of two parking areas.
The lower parking area has direct access from Avon Street and consists of 3 tandem
parking spaces and 14 regular parking spaces and 2 ADA spaces. The lower parking area
consists of 22 parking spaces.
The upper parking area has direct access from Riverside Avenue and consists of 3 tandem
parking spaces and 19 regular parking spaces. The upper parking area has a total of 25
parking spaces.
As a result, the project provides a total of 47 parking spaces (33 regular parking spaces, 2
ADA spaces and 6 tandem parking spaces (can accommodate 12 vehicles)).
The City of Newport Beach Off-Street Parking Requirements for general office use is 1
parking space per 250 square feet. As a result, the project requires a total of 12 parking
spaces. Representatives of the project are proposing to utilize the tandem parking spaces
47
MOBILITIE
RK15295
Page 2
to park the general office tenant. As a result, the City of Newport Beach is requiring a
parking management plan in order to ensure that the tandem parking configuration can
be successfully accommodated by employees. Furthermore, a Letter of Intent (LOI) has
been authorized by a future tenant (Ms. Mayra Ramirez, Director, Boardwalk Investment
Group) to occupy the proposed general office space and utilize the twelve (12) reserved
tandem parking spaces. Appendix A includes the “Boardwalk Investments Group 215
Riverside Avenue, Suites 100 & 200 Newport Beach, CA 92663” LOI.
Furthermore, the remaining 35 non-tandem parking spaces onsite will be utilized for
overflow parking from restaurant use located at 2902 West Coast Highway. The overflow
parking area is within walking distance from the 215 Riverside Avenue property and will
satisfy the off-site parking requirements for the CUP application for 2902 West Coast
Highway.
The objective of this parking management plan is to include long-term strategies in order
to effectively manage onsite tandem parking by implementing best practices and
encouraging employees to utilize public transit, bicycling, and carpooling when possible.
The plan will provide future general office tenants with guidelines on how to utilize and
effectively manage the tandem parking configuration.
Parking Management Plan Recommendations
1. Parking space dimensions shall conform to the City of Newport Beach section
21.40.070 Development Standards for Parking Areas.
2. The twelve tandem parking spaces shall be striped and/or signed as dedicated
parking spaces which are designated for the general office use tenant.
3.A representative of the general office tenant shall be assigned as the “Parking
Coordinator” (PC). The PC assigns the tandem parking space locations (i.e. 1A, 1B,
2A, 2B, etc.) to employees. Employees are provided with a sticker/placard which
designates the assigned tandem parking location. Employees can only park within
the tandem parking spaces. The PC should take into account employee shifts and
schedules in order to minimize unnecessary movement of vehicles during business
hours.
4. The general office tenant shall record all license plate numbers of all
employees. Therefore, management can routinely check parked vehicles and ensure
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MOBILITIE
RK15295
Page 3
that only the designated parking spaces are being utilized for employee parking.
Any employee vehicle that is parked in a restricted area will be given a notice.
5. Implement a parking reduction incentive program to reduce or eliminate employees
utilizing a parking space. Parking reduction programs provide monetary incentives
for employees to utilize public transit, carpool, bicycle or walk in place of driving
their own vehicles.
6. In order to promote bicycle riding and reduce the parking demand, the general
office tenant may also consider adding secure bicycle racks to provide bicycle
parking for the employees that choose to commute to work on a bike.
If you have any questions regarding this parking management plan, please call me at (949)
474-0809.
Respectfully submitted,
RK ENGINEERING GROUP, INC.
Rogier Goedecke
President
Attachment
2830-2019-03
49
______________________________________________________________________________
______________________________________________________________________________
Exhibits
50
Exhibit A
Site Plan
215 Riverside Avenue, Newport Beach
First Floor and Second Floor
51
52
53
______________________________________________________________________________
______________________________________________________________________________
Appendices
54
Appendix A
Letter of Intent
“Boardwalk Investments Group 215 Riverside Avenue,
Suites 100 & 200 Newport Beach, CA 92663”
55
56
57
58
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Attachment No. PC 4
Public Comments
61
INTENTIONALLY BLANK PAGE62
From: Matthew Agren <magren@agrenlaw.com>
Sent: Wednesday, February 27, 2019 3:46 PM
To: Nova, Makana
Subject: Commercial Tenant with Long Term Lease in Building Demolition
Permit Sought - PA2019-023
Attachments: 20160711 - Lease - 215 Riverside #101.pdf
I am sending this email on behalf of my client Doctor Steven Vensand who
occupies a suite, #101, pursuant to a long term lease in the building that is
sought to be demolished per the above referenced application for a
permit. The building is located at 215 Riverside Ave in the city of Newport
Beach.
Attached is a copy of that lease which includes a lease term to July 31, 2021
and includes two 5 year options to extend the term of the lease to 2031
which Dr. Vensand intends to exercise.
I am able to provide you with copies of the cashed security deposit check,
canceled rent payment checks, and other documents that affirm the
existence of this lease by the current and former landlord. Please let me
know if you would like any of these additional documents.
Dr. Vensand objects to the issuance of any permit to demolish the building
as it would interfere with his leasehold interest in the property.
Please feel free to contact me if you have any questions or need any
additional information.
--
63
Matthew Agren
Attorney at Law
Agren Law Firm, PC
2600 Michelson Dr. STE 770
Irvine, CA 92612
(949) 752-8999
(949) 752-8175 fax
64
From: Ruben Muñoz <rmdzyn@gmail.com>
Sent: April 14, 2019 2:46 PM
To: Nova, Makana
Subject: PA2019-023 PARKING STRUCTURE CDP 215 Riverside Ave.
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Makana,
A client of mine is a resident immediately adjacent to this property (2919 Cliff
Drive) and was not notified of any development or demolition for the above
and below referenced property on Riverside Avenue.
If there is any other information you can provide to my client it would be much
appreciated.
More specifically, my client is concerned about the overall height and massing
of the new construction.
He seems to recall having a deed restriction placed on the Riverside property
limiting its ultimate height.
While we search the content of said deed on our end, can you please let us
know what information you can provide since my client claims to have never
received any notice regarding the CUP.
Thank you,
Ruben Muñoz
714.686.2067
65
PA2019-023 PARKING STRUCTURE CDP Council
District 2
CD2019-003 - Coastal Development Perm
UP2019-003 - Use Permit
215 RIVERSIDE AVE
Description: CUP AND CDP TO ALLOW SITE DEMOLITION AND CONSTRUCTION OF
3,030 SQ-FT OF OFFICE AND 49 PARKING SPACE STRUCTURE
Contact: M. Nova - 949-644-3249
Status: APPLIED Applied: 2/8/2019 Follow-up Rev: Approved:
Final: Effective: Expired: Denied:
Pending: Date Withdrawn: Voided:
Date Activity - Status
02/08/2019 Application - SUBMITTED
02/12/2019 Admin Setup -
66
67
68
69
70
Attachment No. PC 5
Class 32 Exemption
71
INTENTIONALLY BLANK PAGE72
Exemption Determination
The Garden Office and Parking Structure
215 Riverside Avenue
Newport Beach, CA
CEQA Section 15332. In-Fill Development Projects
The project is categorically exempt under Section 15332, of the California
Environmental Quality Act (CEQA) Guidelines - Class 32 (In-Fill Development Projects)
Projects). This exemption applies to in-fill development projects in urban areas that are
consistent with the General Plan and applicable development standards. In addition, the
proposed development must occur on a site of no more than five acres, have no value
as habitat for endangered, rare or threatened species, be adequately served by all
utilities and public services, and must not result in any significant effects relating to
traffic, air quality, water quality, or any other significant effect on the environment due to
an unusual circumstance.
Class 32 exemptions for in-fill development projects are required to meet the following
conditions:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
The General Plan Land Use Element designates the site as CG (General Commercial),
which is intended to provide for a wide variety of commercial activities oriented primarily
to serve citywide or regional needs. Development of the site will be consistent with
General Plan policies as indicated below. The proposed office and parking structure
development is consistent with the 0.5 FAR limit for the subject property.
Land Use Policies
Policy LU2.1 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.
Policy LU2.2 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.
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Policy 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).
Policy LU3.2 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.
Policy 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 office use is intended to serve local residents and the parking structure will serve as
additional supply to serve surrounding uses in the Mariners’ Mile community. The use
complements the existing type and character of the nearby development, which
includes a variety of commercial and residential development. As further discussed in
part (e) of this analysis, there is adequate capacity in the sewer and water facilities,
circulation, and other public services and facilities to provide an adequate level of
service to the proposed development. The project (i.e., office and parking structure)
represents “in fill” development that can be served by the existing infrastructure.
The subject property is located within the Office General (OG) Zoning District, which is
intended to provide for areas appropriate for administrative, professional, and medical
offices with limited accessory retail and service uses. Pursuant to Section 20.20.020
74
(Commercial Zoning Districts Land Uses and Permit Requirements), general office uses
are a permitted use within the OG Zoning District.
Project Design Policies
Policy 5.2.1 Architecture and Site Design. Require that new development
within existing commercial districts and corridors complement
existing uses and exhibit a high level of architectural and site
design in consideration of the following principals:
x Seamless connections and transitions with existing buildings,
except where developed as a free-standing building,
x modulation of building masses, elevations and rooflines to
promote visual interest,
x architectural treatment of all building elevations, including
ancillary facilities such as storage, truck loading and unloading,
and trash enclosures,
x 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,
x clear identification of storefront entries,
x incorporation of signage that is integrated with the buildings’
architectural character,
x 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,
x extensive on-site landscaping, including mature vegetation to
provide a tree canopy to provide shade for customers,
x incorporation of plazas and expanded sidewalks to
accommodate pedestrian, outdoor dining, and other activities,
x clearly delineated pedestrian connections between business
areas, parking, and to adjoining neighborhoods and districts
(paving treatment, landscape, wayfinding signage, and so on),
x integration of building design and site planning elements that
reduce the consumption of water, energy, and other renewable
resources.
The proposed development includes a 2,830-square-foot office building and a 47-space
parking structure. The building provides a flat parapet roofline and brick façade with the
primary pedestrian entrance located along the street frontage. The architectural style of
the building is designed to complement the adjacent retail shopping center to the south,
with a brick façade, fabric awnings, and arched window and entryways. The parking
structure is accessible from Avon Street and Riverside Avenue and accommodates
visitors, employees, and surplus parking to serve the surrounding area. Appropriate
75
pedestrian connections are maintained along the adjacent sidewalks of Riverside
Avenue and Avon Street.
Neighborhood Compatibility Policies
Policy LU5.2.2 Buffering Residential Areas. Require that commercial uses
adjoining residential neighborhoods be designed to be compatible
and minimize impacts through such techniques as:
x Incorporation of landscape, decorative walls, enclosed trash
containers, downward focused lighting fixtures, and/or
comparable buffering elements;
x Attractive architectural treatment of elevations facing the
residential neighborhood;
x Location of automobile and truck access to prevent impacts on
neighborhood traffic and privacy.
Policy LU6.16.5 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.
Policy LU6.16.6 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 extend feasible impacts of lighting, noise,
odor, trash storage, truck deliveries, and other business related
activities. Building elevations shall be architecturally treated and
walls, if used as buffers, shall be well-designed and landscaped to
reflect the areas residential village character.
The proposed project incorporates a variety of features to ensure neighborhood
compatibility, including landscaping at the rear adjacent to residential properties and
Cliff Drive Park, attractive architectural treatments including a trellis at the second level
of the proposed parking structure. The majority of the parking structure is built into the
slope on site to maintain views for surrounding residents and public park areas. Parking
structure access is specifically designed with first level access from Avon Street and
second level access from Riverside Avenue to maximize the efficiency of parking and
circulation on the site. The location of vehicle access will ensure existing neighborhood
traffic and privacy patterns are maintained. A trash enclosure is located at the
southwest portion of the parking structure to minimize odors and noise to the nearby
properties. Site lighting will be reviewed with a photometric study at plan check to
ensure exterior lighting is compatible with surrounding residential development.
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Adequate setbacks are incorporated into the project design to ensure that the office
building and parking structure will be compatible with the adjoining residential
properties. A minimum 5-foot setback is provided between the nearest residences.
Mariners’ Mile Policies
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 semicontinuous
building wall along the sidewalk, with parking to the rear in
structures or in shared facilities and be designed to promote
pedestrian activity.
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.
The subject property is located on an inland portion of Mariners’ Mile. The proposed
office building is designed for pedestrian access fronting the intersection of Riverside
Avenue and Avon Street to improve the pedestrian oriented quality of the Village area.
The site is a steeply sloping lot that was previously developed with a surface level
parking area and commercial building. When redeveloped, the new parking structure
will make use of an existing retaining wall on the site to maintain the visual quality and
integrity of the bluff area at the rear portion of the property.
(b) The proposed development occurs within city limits on a project site of no
more than five acres substantially surrounded by urban uses.
The project site is within the Newport Beach city limits, and consists of 16,246 square
feet or 0.37-acres of land area. The project site is surrounded by other urban uses
including retail, restaurant, and office uses to the south and southwest, residential uses
to the north and east of the site, and Cliff Drive Park to the to the northwest and
northeast.
(c) The project site has no value, as habitat for endangered, rare or threatened
species.
The subject property is vacant and has no native vegetation and/or habitat. The site is
currently developed with a restaurant and office building with an 18-space surface
parking lot. There is no potential for special-status plants or animals to exist on the
vacant lot. The project would not encroach into any jurisdictional waters or areas that
support native and/or sensitive habitat. The property does not provide any wetland area
and fully complies with current City policy (Coastal Land Use Policy 4.2.2.3). Thus,
there would be no significant indirect impacts to wetland ESHA associated with the
project. For these reasons, the project site has no value as habitat for endangered, rare
or threatened species. Given the urban character of the surrounding area, no significant
impacts to biological resources would occur.
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(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
An analysis of traffic trips for the project concluded that the generated trips would not
result in a significant traffic impact. Construction of the project is anticipated to be
completed in 2020. The project is expected to generate 46 trips on a typical weekday,
with 5 morning peak hour trips and 7 evening peak hour trips. This represents a 248
trip reduction in average daily trips for the site when compared to the existing use. As
such, the project-related traffic would not cause or contribute to an unacceptable level of
service with the circulation network adjacent to the project site. The project will provide
adequate, convenient parking for employees and customers or visitors based upon the
review of the City’s Traffic Engineer. Approval of the project would not result in any
significant effect related to traffic or circulation.
An acoustical report prepared March 4, 2019 by Urban Crossroads (Exhibit B) confirms
that sound levels will remain in compliance with the noise standards of the Municipal
Code. The unmitigated project operational noise levels were estimated to range from
26.7 to 48.2 db(A)1 Leq2 in the worst case. No significant noise impacts will occur and
the exterior noise levels would comply with the City’s more conservative residential
exterior noise standard of 55 dBA Leq for daytime and 50 dBA Leq for nighttime.
Therefore, no additional exterior noise abatement measures are required. Additionally,
the proposed project will comply with all applicable provisions of the City’s Noise
Ordinance, which allows for construction between specific hours as set forth in Chapter
10.28 of the NBMC. The project must also be consistent with the City’s interior noise
standards established in the General Plan Noise Element, including Policy N1.1, N1.2,
and N1.5.
Neither short-term nor long-term air pollutant emissions will exceed significance
thresholds established by the SCAQMD3. Nonetheless, the proposed project is required
to comply with applicable SCAQMD regulations. Therefore, approval of the project
would not result in any significant effects relating to air quality.
A preliminary Water Quality Management Plan (Exhibit C) has been reviewed by the
City of Newport Beach and implementation of the proposed project would not result in
potentially significant impacts to the drainage patterns on-site. The project results in a
reduction of impervious surfaces on-site. Water quality objectives will be achieved
through the incorporation of Best Management Practices (BMPs) identified in the
preliminary Water Quality Management Plan (Exhibit C) during construction and post-
project implementation. Project implementation will not change the general drainage
pattern of the project site. Current on-site drainage patterns consist of runoff from the
front portion of the property, which is directed into a gravel bed for infiltration prior to
discharge to the street. Runoff from the remaining portion of the site will be collected in
an area drain system and discharged through a bio-retention planter box at the sides of
1 dB(A) Weights a sound spectrum relative to the sensitivity of the human ear.
2 Leq Steady-state “average” sound level over a stated time period (15 minute time period per the NBMC).
3 http://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf?sfvrsn=2
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the property and then pumped to the street for discharge. Under the proposed project,
hardscape, parking structure, and landscape area runoff will be collected in proposed
bioretention planter boxes and filter inserts prior to discharge into the underground
storm drain system. Approval of the project would not result in any significant effect
related to water quality. Furthermore, the existing drainage facilities have adequate
capacity to accommodate the increase in surface runoff generated by the proposed
project based upon the review by the project’s engineer.
(e) The site can be adequately served by all required utilities and public services.
All required utilities, including sewer, water, energy, telephone, etc., exist within the
project site. A domestic water service and meter and fire water service and meter are
located toward the southwest property line along Avon Street and Riverside Avenue. A
sewer line is located along the southern property line in Avon Street, which drains to a
line in Riverside Avenue. A water/waste water calculation has been prepared for the
proposed development (Exhibit D). Project implementation is estimated to utilize less
water and waste water than the existing restaurant and office building on-site.
Development of a new office and parking structure is estimated to result in a decrease
of 3,689 GPD of waste water generation and a decrease of 339 GPD of water demand.
No backbone facilities (i.e., master-planned roads and/or utilities) will be required to
accommodate the proposed project. The nearest fire station is one (1) mile south of the
project site at 475 32nd Street on the Balboa Peninsula. Furthermore, all of the public
services, including police and fire protection, schools and parks and recreation, etc., are
adequate to accommodate the proposed project. Thus, the site can be adequately
served by all required utilities and public services.
Determination
CEQA Class 32 consists of projects characterized as in-fill development meeting the
conditions described above. The proposed project consists of the development of a new
office building and parking structure with required off-street parking and is consistent
with the City’s General Plan land use designation GC (General Commercial) and Zoning
designations CG (Commercial General) as it provides a resident-serving service use
(office tenants) in close proximity to nearby residences and nonresidential uses in the
area. The project is consistent with the General Plan designations and policies, and can
be found consistent with all applicable zoning regulations upon approval of the
requested applications.
The proposed project site is 0.37 acres in size, is located within an urban area, and can
be adequately served by all required utilities and public services. An acoustical analysis,
preliminary Water Quality Management Plan, and water/waste-water generation
memorandum have been prepared. An analysis of the property indicates that the project
site and adjacent areas have no value as habitat for endangered, rare, or threatened
species. The project is expected to have a less than significant impacts related to traffic,
noise, air quality, and water quality. As described above, implementation of the
proposed project will not result in any adverse effects on sensitive biological resources,
traffic, air quality, noise, or water quality.
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There is no reasonable probability that the proposed project will have a significant effect
on the environment due to unusual circumstances, nor will the project result in any
short-term or long-term impacts that were not previously considered in the Newport
Beach General Plan and General Plan EIR. Therefore, the proposed project meets all of
the conditions described above for in-fill development and qualifies for a Class 32
exemption.
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Exhibit A
Traffic Trip Generation Calculations
81
Trip Generation Rates - ITE 10th EdDailyIn Out Total In Out Total TotalQuality Restaurant (*) ITE 931 GFA TSF 0.58 0.15 0.73 5.23 2.57 7.80 83.84General Office Building ITE 710 GFA TSF 1.00 0.16 1.16 0.18 0.97 1.15 9.74Small Office Building ITE 712 GFA TSF 1.59 0.33 1.92 0.78 1.67 2.45 16.19* - AM split from AM peak hour of generator. Existing Uses215 Riverside OfficeITE 710 5.146 TSF215 Riverside Quality RestaurantITE 931 2.910 TSF8.056 TSFExisting UsesDailyIn Out Total In Out Total TotalGeneral Office Building ITE 710 5.146 TSF 5 1 6 1 5 6 50Quality RestaurantITE 9312.910TSF202158232448.056TSF718161329294Proposed UsesDailyIn Out Total In Out Total TotalSmall Office BuildingITE 7122.83TSF415257462.83TSF41525746215 Riverside AveTrip Generation Calculations - 7/11/19 (DRAFT)Land UseRate Type Size UnitAM Peak HourPM Peak HourLand UseRate Type Size UnitTotal Land UseRate Type Size UnitTotal AM Peak HourPM Peak HourTotalLand UseRate Type Size UnitAM Peak HourPM Peak Hourprinted 07/11/201982
Exhibit B
Acoustical Study
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215 Riverside Avenue
NOISE IMPACT ANALYSIS
CITY OF NEWPORT BEACH
PREPARED BY:
Bill Lawson, PE, INCE
blawson@urbanxroads.com
(949) 336-5979
Alex Wolfe, INCE
awolfe@urbanxroads.com
(949) 336-5977
APRIL 3, 2019
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TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................................... III
APPENDICES ........................................................................................................................................ III
LIST OF EXHIBITS ................................................................................................................................. IV
LIST OF TABLES ................................................................................................................................... IV
LIST OF ABBREVIATED TERMS ............................................................................................................. IV
EXECUTIVE SUMMARY ......................................................................................................................... 1
1 INTRODUCTION ........................................................................................................................... 3
1.1 Site Location .................................................................................................................................. 3
1.2 Project Description ........................................................................................................................ 3
2 FUNDAMENTALS ......................................................................................................................... 7
2.1 Range of Noise .............................................................................................................................. 7
2.2 Noise Descriptors .......................................................................................................................... 8
2.3 Sound Propagation ........................................................................................................................ 8
2.4 Noise Control ................................................................................................................................ 9
2.5 Noise Barrier Attenuation ............................................................................................................. 9
2.6 Community Response to Noise ................................................................................................... 10
3 REGULATORY SETTING .............................................................................................................. 13
3.1 City of Newport Beach Municipal Code Noise Standards ........................................................... 13
4 EXISTING NOISE LEVEL MEASUREMENTS ................................................................................... 15
4.1 Measurement Procedure and Criteria ........................................................................................ 15
4.2 Noise Measurement Locations ................................................................................................... 15
4.3 Noise Measurement Results ....................................................................................................... 16
5 METHODS AND PROCEDURES.................................................................................................... 19
5.1 Reference Operational Noise Levels ........................................................................................... 19
5.2 CadnaA Noise Prediction Model ................................................................................................. 20
6 OPERATIONAL IMPACTS ............................................................................................................ 23
7 REFERENCES .............................................................................................................................. 25
8 CERTIFICATION .......................................................................................................................... 27
APPENDICES
APPENDIX 3.1: CITY OF NEWPORT BEACH MUNICIPAL CODE
APPENDIX 4.1: STUDY AREA PHOTOS
APPENDIX 4.2: AMBIENT NOISE LEVEL MEASUREMENT WORKSHEETS
APPENDIX 6.1: CADNAA NOISE MODEL DATA INPUTS & RESULTS
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LIST OF EXHIBITS
EXHIBIT 1-A: LOCATION MAP .............................................................................................................. 4
EXHIBIT 1-B: PROJECT SITE PLAN ......................................................................................................... 5
EXHIBIT 2-A: TYPICAL NOISE LEVELS .................................................................................................... 7
EXHIBIT 2-B: SOURCE-PATH-RECEIVER CONCEPT ............................................................................... 10
EXHIBIT 2-C: NOISE LEVEL INCREASE PERCEPTION ............................................................................. 11
EXHIBIT 4-A: NOISE MEASUREMENT LOCATIONS ............................................................................... 18
EXHIBIT 6-A: OPERATIONAL NOISE SOURCE LOCATIONS .................................................................... 24
LIST OF TABLES
TABLE 3-1: EXTERIOR OPERATIONAL NOISE LEVEL STANDARDS ......................................................... 13
TABLE 4-1: 24-HOUR AMBIENT NOISE LEVEL MEASUREMENTS .......................................................... 17
TABLE 5-1: REFERENCE NOISE LEVEL MEASUREMENTS ...................................................................... 19
TABLE 6-1: OPERATIONAL NOISE LEVEL COMPLIANCE ....................................................................... 23
LIST OF ABBREVIATED TERMS
(1)Reference (See Section 7 for a list of all references)
ANSI American National Standards Institute
CadnaA Computer Aided Noise Abatement
CNEL Community Noise Equivalent Level
dBA A-weighted decibels
EPA Environmental Protection Agency
FHWA Federal Highway Administration
INCE Institute of Noise Control Engineering
Leq Equivalent continuous (average) sound level
Lmax Maximum level measured over the time interval
Project 215 Riverside Avenue
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EXECUTIVE SUMMARY
Urban Crossroads, Inc. has prepared this noise study to evaluate the potential operational noise
levels associated with the proposed two-story commercial office with attached parking structure
at 215 Riverside Avenue (“Project”), and to identify whether exterior noise abatement measures
are required to meet the City of Newport Beach Municipal Code exterior noise level standards.
(1) The Project site is located at 215 Riverside Avenue in the City of Newport Beach, and consists
of a two-story commercial building with attached two-level parking structure. Using reference
noise levels of conservatively-representative operational activities, including roof-top air
conditioning units and parking structure vehicle movements, this analysis estimates the Project-
related operational (stationary-source) noise levels at the nearby noise-sensitive residential
homes and adjacent commercial uses, consistent with the City of Newport Beach Municipal Code.
The City of Newport Beach Municipal Code identifies base exterior noise level standards which
do not account for the existing ambient noise level. If existing ambient noise levels in the Project
study area are higher than the base exterior standards, the ambient noise levels become the
adjusted exterior noise level standards per Section 10.26.025 (A) of the City of Newport Beach
Municipal Code. As such, to present a conservative approach, this analysis relies on the more
restrictive base exterior noise level standards of 55 dBA Leq daytime and 50 dBA Leq nighttime at
residential uses per the City of Newport Beach Municipal Code; rather than adjusted exterior
noise levels based on higher existing ambient noise levels measured in the Project study area
which ranged from 54.8 to 63.2 dBA Leq during the daytime, and 47.2 to 59.6 dBA Leq during the
nighttime hours, as shown in Table 4-1 of this report.
Moreover, it is important to note that the Project operational noise levels described in this report
assume a worst-case noise environment with the Project’s roof-top air conditioning units and
parking structure vehicle movements operating continuously throughout the daytime and
nighttime hours. However, the noise levels associated with the Project are anticipated to vary
throughout the day under typical operating conditions.
The results of this conservative analysis show that the Project-related operational noise levels
associated with roof-top air conditioning units and parking structure vehicle movements will
remain below the City of Newport Beach Municipal Code daytime and nighttime exterior noise
level standards at the nearby noise-sensitive residential homes and adjacent commercial uses.
Therefore, no additional exterior noise abatement measures (e.g., noise barriers) are required.
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1 INTRODUCTION
This noise analysis has been completed to evaluate the potential future operational noise levels
associated with the operation of a two-story commercial office building with attached parking
structure at 215 Riverside Avenue (“Project”), and to identify the necessary exterior noise
abatement measures, if any, to satisfy the City of Newport Beach Municipal Code exterior noise
level standards. (1) This noise study describes the Project, provides information regarding noise
fundamentals, outlines the local regulatory setting, provides the study methods and procedures
for operational noise analysis, and evaluates the operational noise levels from the Project.
1.1 SITE LOCATION
The Project is located at 215 Riverside Avenue in the City of Newport Beach, as shown on Exhibit
1-A.
Existing noise-sensitive uses in the Project study area include residential homes to the north and
east. It is important to note that the residential homes to the north and east of the Project site
are situated at a higher elevation than the 215 Riverside Avenue site. Commercial uses in the
Project study area are located to the west and south of the Project site.
1.2 PROJECT DESCRIPTION
The Project consists of two-story commercial building with attached two-level parking structure.
Exhibit 1-B shows the Project site plan.
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EXHIBIT 1-A: LOCATION MAP
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EXHIBIT 1-B: PROJECT SITE PLAN
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2 FUNDAMENTALS
Noise has been simply defined as "unwanted sound." Sound becomes unwanted when it
interferes with normal activities, when it causes actual physical harm or when it has adverse
effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a
decibel (dB). A-weighted decibels (dBA) approximate the subjective response of the human ear
to broad frequency noise source by discriminating against very low and very high frequencies of
the audible spectrum. They are adjusted to reflect only those frequencies which are audible to
the human ear. Exhibit 2-A presents a summary of the typical noise levels and their subjective
loudness and effects that are described in more detail below.
EXHIBIT 2-A: TYPICAL NOISE LEVELS
Source: Environmental Protection Agency Office of Noise Abatement and Control, Information on Levels of Environmental Noise
Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (EPA/ONAC 550/9-74-004) March 1974.
2.1 RANGE OF NOISE
Since the range of intensities that the human ear can detect is so large, the scale frequently used
to measure intensity is a scale based on multiples of 10, the logarithmic scale. The scale for
measuring intensity is the decibel scale. Each interval of 10 decibels indicates a sound energy ten
times greater than before, which is perceived by the human ear as being roughly twice as loud.
(2) The most common sounds vary between 40 dBA (very quiet) to 100 dBA (very loud). Normal
conversation at three feet is roughly at 60 dBA, while loud jet engine noises equate to 110 dBA
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at approximately 100 feet, which can cause serious discomfort. (3) Another important aspect of
noise is the duration of the sound and the way it is described and distributed in time.
2.2 NOISE DESCRIPTORS
Environmental noise descriptors are generally based on averages, rather than instantaneous,
noise levels. The most commonly used figure is the equivalent level (Leq). Equivalent sound levels
are not measured directly but are calculated from sound pressure levels typically measured in A-
weighted decibels (dBA). The equivalent sound level (Leq) represents a steady state sound level
containing the same total energy as a time varying signal over a given sample period and is
commonly used to describe the “average” noise levels within the environment.
While sound pressure levels (e.g. Leq) quantify in decibels the intensity of given sound sources at
a reference distance, sound power levels (PWL) are connected to the sound source and are
independent of distance. Sound pressure levels vary substantially with distance from the source,
and also diminish as a result of intervening obstacles and barriers, air absorption, wind and other
factors. Sound power is the acoustical energy emitted by the sound source and is an absolute
value that is not affected by the environment.
2.3 SOUND PROPAGATION
When sound propagates over a distance, it changes in level and frequency content. The manner
in which noise reduces with distance depends on the following factors.
2.3.1 GEOMETRIC SPREADING
Sound from a localized source (i.e., a stationary point source) propagates uniformly outward in a
spherical pattern. The sound level attenuates (or decreases) at a rate of 6 dB for each doubling
of distance from a point source. Highways consist of several localized noise sources on a defined
path and hence can be treated as a line source, which approximates the effect of several point
sources. Noise from a line source propagates outward in a cylindrical pattern, often referred to
as cylindrical spreading. Sound levels attenuate at a rate of 3 dB for each doubling of distance
from a line source. (4)
2.3.2 GROUND ABSORPTION
The propagation path of noise from a highway to a receiver is usually very close to the ground.
Noise attenuation from ground absorption and reflective wave canceling adds to the attenuation
associated with geometric spreading. Traditionally, the excess attenuation has also been
expressed in terms of attenuation per doubling of distance. This approximation is usually
sufficiently accurate for distances of less than 200 ft. For acoustically hard sites (i.e., sites with a
reflective surface between the source and the receiver, such as a parking lot or body of water),
no excess ground attenuation is assumed. For acoustically absorptive or soft sites (i.e., those
sites with an absorptive ground surface between the source and the receiver such as soft dirt,
grass, or scattered bushes and trees), an excess ground attenuation value of 1.5 dB per doubling
of distance is normally assumed. When added to the cylindrical spreading, the excess ground
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attenuation results in an overall drop-off rate of 4.5 dB per doubling of distance from a line
source. (5)
2.3.3 ATMOSPHERIC EFFECTS
Receivers located downwind from a source can be exposed to increased noise levels relative to
calm conditions, whereas locations upwind can have lowered noise levels. Sound levels can be
increased at large distances (e.g., more than 500 feet) due to atmospheric temperature inversion
(i.e., increasing temperature with elevation). Other factors such as air temperature, humidity,
and turbulence can also have significant effects. (4)
2.3.4 SHIELDING
A large object or barrier in the path between a noise source and a receiver can substantially
attenuate noise levels at the receiver. The amount of attenuation provided by shielding depends
on the size of the object and the frequency content of the noise source. Shielding by trees and
other such vegetation typically only has an “out of sight, out of mind” effect. That is, the
perception of noise impact tends to decrease when vegetation blocks the line-of-sight to nearby
resident. However, for vegetation to provide a substantial, or even noticeable, noise reduction,
the vegetation area must be at least 15 feet in height, 100 feet wide and dense enough to
completely obstruct the line-of sight between the source and the receiver. This size of vegetation
may provide up to 5 dBA of noise reduction. The FHWA does not consider the planting of
vegetation to be a noise abatement measure. (5)
2.4 NOISE CONTROL
Noise control is the process of obtaining an acceptable noise environment for an observation
point or receiver by controlling the noise source, transmission path, receiver, or all three. This
concept is known as the source-path-receiver concept. (6) In general, noise control measures
can be applied to these three elements. Exhibit 2-B shows the source-path-receiver concept.
2.5 NOISE BARRIER ATTENUATION
Effective noise barriers can reduce noise levels by 10 to 15 dBA, cutting the loudness of traffic
noise in half. A noise barrier is most effective when placed close to the noise source or receiver.
Noise barriers, however, do have limitations. For a noise barrier to work, it must be high enough
and long enough to block the path of the noise source. (5)
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EXHIBIT 2-B: SOURCE-PATH-RECEIVER CONCEPT
Source: FTA, Transit Noise and Vibration Impact Assessment Manual, Figure 3-I.
2.6 COMMUNITY RESPONSE TO NOISE
Community responses to noise may range from registering a complaint by telephone or letter, to
initiating court action, depending upon everyone’s susceptibility to noise and personal attitudes
about noise. Several factors are related to the level of community annoyance including:
x Fear associated with noise producing activities;
x Socio-economic status and educational level;
x Perception that those affected are being unfairly treated;
x Attitudes regarding the usefulness of the noise-producing activity;
x Belief that the noise source can be controlled.
Approximately ten percent of the population has a very low tolerance for noise and will object to
any noise not of their making. Consequently, even in the quietest environment, some complaints
will occur. Another twenty-five percent of the population will not complain even in very severe
noise environments. Thus, a variety of reactions can be expected from people exposed to any
given noise environment. (7) Surveys have shown that about ten percent of the people exposed
to traffic noise of 60 dBA will report being highly annoyed with the noise, and each increase of
one dBA is associated with approximately two percent more people being highly annoyed. When
traffic noise exceeds 60 dBA or aircraft noise exceeds 55 dBA, people may begin to complain. (7)
Despite this variability in behavior on an individual level, the population can be expected to
exhibit the following responses to changes in noise levels as shown on Exhibit 2-C. An increase
or decrease of 1 dBA cannot be perceived except in carefully controlled laboratory experiments,
a change of 3 dBA are considered barely perceptible, and changes of 5 dBA are considered readily
perceptible. (5)
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EXHIBIT 2-C: NOISE LEVEL INCREASE PERCEPTION
012345678910
Just Perceptible
Barely Perceptible
Readily Perceptible
Twice as Loud
Noise Level Increase (dBA)
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3 REGULATORY SETTING
To limit population exposure to physically and/or psychologically damaging as well as intrusive
noise levels, the federal government, the State of California, various county governments, and
most municipalities in the state have established standards and ordinances to control noise. In
most areas, automobile and truck traffic is the major source of environmental noise. Traffic
activity generally produces an average sound level that remains fairly constant with time. Air and
rail traffic, and commercial and industrial activities are also major sources of noise in some areas.
Federal, state, and local agencies regulate different aspects of environmental noise. Federal and
state agencies generally set noise standards for mobile sources such as aircraft and motor
vehicles, while regulation of stationary sources is left to local agencies.
3.1 CITY OF NEWPORT BEACH MUNICIPAL CODE NOISE STANDARDS
The City of Newport Beach Municipal Code, Chapter10.26 Community Noise Control, establishes
the permissible exterior noise levels that may intrude into a neighboring property. According to
Section 10.26.025(A) exterior noise levels at single-family residential land uses (Noise Zone 1)
shall not exceed 55 dBA Leq during the daytime hours (7:00 a.m. to 10:00 p.m.) and 50 dBA Leq
during the nighttime hours (10:00 p.m. to 7:00 a.m.). (1) For commercial uses, exterior noise
levels shall not exceed 65 dBA Leq during the daytime hours (7:00 a.m. to 10:00 p.m.) and 60 dBA
Leq during the nighttime hours (10:00 p.m. to 7:00 a.m.). The City of Newport Beach Municipal
Code, Chapter10.26 Community Noise Control exterior noise level standards are shown on Table
3-1 and are included in Appendix 3.1.
TABLE 3-1: EXTERIOR OPERATIONAL NOISE LEVEL STANDARDS
City Land
Use
Time
Period
Base Exterior Noise
Level Standards
(dBA Leq)2
Newport
Beach1
Residential
(Noise Zone I)
Daytime 55
Nighttime 50
Commercial
(Noise Zone II)
Daytime 65
Nighttime 60
1 Source: City of Newport Beach Municipal Code, Section 10.26.025 (Appendix 3.1).
2 Base exterior noise level standards do not account for the existing ambient noise levels which, if higher than the base exterior
standards, would become the adjusted exterior noise level standards per Section 10.26.025 (A) of the City of Newport Beach
Municipal Code. As such, this analysis is based on the more conservative base exterior noise level standards.
"Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.
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4 EXISTING NOISE LEVEL MEASUREMENTS
To assess the existing noise level environment, 24-hour noise level measurements were taken at
four locations in the Project study area. The receiver locations were selected to describe and
document the existing noise environment within the Project study area. Exhibit 4-A provides the
boundaries of the Project study area and the noise level measurement locations. To fully
describe the existing noise conditions, noise level measurements were collected by Urban
Crossroads, Inc. on Tuesday, February 26th, 2019. Appendix 4.1 includes study area photos.
4.1 MEASUREMENT PROCEDURE AND CRITERIA
To describe the existing noise environment, the hourly noise levels were measured during typical
weekday conditions over a 24-hour period. By collecting individual hourly noise level
measurements, it is possible to describe the daytime and nighttime hourly noise levels and
calculate the 24-hour CNEL. The long-term noise readings were recorded using Piccolo Type 2
integrating sound level meter and dataloggers. The Piccolo sound level meters were calibrated
using a Larson-Davis calibrator, Model CAL 150. All noise meters were programmed in "slow"
mode to record noise levels in "A" weighted form. The sound level meters and microphones
were equipped with a windscreen during all measurements. All noise level measurement
equipment satisfies the American National Standards Institute (ANSI) standard specifications for
sound level meters ANSI S1.4-2014/IEC 61672-1:2013. (8)
4.2 NOISE MEASUREMENT LOCATIONS
The long-term noise level measurements were positioned as close to the nearest sensitive
receiver locations as possible to assess the existing ambient hourly noise levels surrounding the
Project site. Both Caltrans and the FTA recognize that it is not reasonable to collect noise level
measurements that can fully represent every part of a private yard, patio, deck, or balcony
normally used for human activity when estimating impacts for new development projects. This
is demonstrated in the Caltrans general site location guidelines which indicate that, sites must be
free of noise contamination by sources other than sources of interest. Avoid sites located near
sources such as barking dogs, lawnmowers, pool pumps, and air conditioners unless it is the
express intent of the analyst to measure these sources. (4) Further, FTA guidance states, that it is
not necessary nor recommended that existing noise exposure be determined by measuring at
every noise-sensitive location in the project area. Rather, the recommended approach is to
characterize the noise environment for clusters of sites based on measurements or estimates at
representative locations in the community. (9)
Based on recommendations of Caltrans and the FTA, it is not necessary to collect measurements
at each individual building or residence, because each receiver measurement represents a group
of buildings that share acoustical equivalence. (9) In other words, the area represented by the
receiver shares similar shielding, terrain, and geometric relationship to the reference noise
source. Receivers represent a location of noise sensitive areas and are used to estimate the
future noise level impacts. Collecting reference ambient noise level measurements at the nearby
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sensitive receiver locations allows for a comparison of the before and after Project noise levels
and is necessary to assess potential noise impacts due to the Project’s contribution to the
ambient noise levels.
4.3 NOISE MEASUREMENT RESULTS
The noise measurements presented below focus on the average or equivalent sound levels (Leq).
The equivalent sound level (Leq) represents a steady state sound level containing the same total
energy as a time varying signal over a given sample period. Table 4-1 identifies the hourly
daytime (7:00 a.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) noise levels at each
noise level measurement location. Appendix 4.2 provides a summary of the existing hourly
ambient noise levels described below:
x Location L1 represents the noise levels northwest of the Project site on Cliff Drive in an
existing park near residential homes. The energy (logarithmic) average daytime noise level
was calculated at 55.7 dBA Leq with an average nighttime noise level of 50.0 dBA Leq.
x Location L2 represents the noise levels within the existing parking lot at the Project site, south
of existing residential homes. The energy (logarithmic) average daytime noise level was
calculated at 54.8 dBA Leq with an average nighttime noise level of 47.2 dBA Leq.
x Location L3 represents the noise levels on northeast of the Project site on Riverside Avenue
adjacent to an existing park. The energy (logarithmic) average daytime noise level was
calculated at 63.2 dBA Leq with an average nighttime noise level of 59.6 dBA Leq.
x Location L4 represents the noise levels east of the Project site on Ocean View Avenue adjacent
to existing residential homes. The energy (logarithmic) average daytime noise level was
calculated at 56.2 dBA Leq with an average nighttime noise level of 48.7 dBA Leq.
Table 4-1 provides the (energy average) noise levels used to describe the daytime and nighttime
ambient conditions. These daytime and nighttime energy average noise levels represent the
average of all hourly noise levels observed during these time periods expressed as a single
number. Appendix 4.2 provides summary worksheets of the noise levels for each hour as well as
the minimum, maximum, L1, L2, L5, L8, L25, L50, L90, L95, and L99 percentile noise levels observed
during the daytime and nighttime periods.
The background ambient noise levels in the Project study area are dominated by the
transportation-related noise associated the arterial roadway network. This includes the auto and
heavy truck activities on study area roadway segments near the noise level measurement
locations. The 24-hour existing noise level measurement results are shown on Table 4-1.
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TABLE 4-1: 24-HOUR AMBIENT NOISE LEVEL MEASUREMENTS
Location1 Description
Energy Average
Noise Level
(dBA Leq)2 CNEL
Daytime Nighttime
L1 Located northwest of the Project site on Cliff
Drive in an existing park near residential homes. 55.7 50.0 58.2
L2 Located within the existing parking lot at the
Project site, south of existing residential homes. 54.8 47.2 56.3
L3 Located northeast of the Project site on
Riverside Avenue adjacent to an existing park. 63.2 59.6 67.0
L4 Located east of the Project site on Ocean View
Avenue adjacent to existing residential homes. 56.2 48.7 57.6
1 See Exhibit 4-A for the noise level measurement locations.
2 Energy (logarithmic) average levels. The long-term 24-hour measurement worksheets are included in Appendix 4.2.
"Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.
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EXHIBIT 4-A: NOISE MEASUREMENT LOCATIONS
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5 METHODS AND PROCEDURES
The following section outlines the methods and procedures used to model and analyze the noise
levels due to Project operational activities.
5.1 REFERENCE OPERATIONAL NOISE LEVELS
To estimate the Project operational noise levels, reference noise level measurements were
collected from conservatively-representative types of activities to represent the noise levels
expected with the development of the proposed Project. This section provides a description of
the reference noise level measurements shown on Table 5-1 used to estimate the Project
operational noise impacts. It is important to note that the following projected noise levels
assume the worst-case noise environment with the roof-top air conditioning units and parking
structure vehicle movements all operating continuously. These noise level impacts will likely vary
throughout the day.
TABLE 5-1: REFERENCE NOISE LEVEL MEASUREMENTS
Noise Source
Total
Duration
(hh:mm:ss)
Ref.
Distance
(Feet)
Source
Height
(Feet)
Reference Noise
Levels (dBA Leq)
Sound
Power
Level
(PWL)4
@ Ref.
Distance
@ 50
Feet3
Roof-Top Air Conditioning Units1 96:00:00 5' 4' 77.2 57.2 88.9
Parking Lot Vehicle Movements2 01:00:00 10' 5' 52.2 38.2 69.9
1 As measured by Urban Crossroads, Inc. on 7/27/2015 at the Santee Walmart located at 170 Town Center Parkway.
2 As measured by Urban Crossroads, Inc. on 5/17/2017 at the Panasonic Avionics Corporation in the City of Lake Forest.
3 Reference noise levels at 50 feet represent the normalized noise source levels for comparison at a common distance.
4 Calculated using the CadnaA noise model at the reference distance to the noise source.
"Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.
5.1.1 ROOF-TOP AIR CONDITIONING UNITS
To assess the impacts created by the roof-top air conditioning units at the Project buildings,
reference noise levels measurements were taken over a four-day total duration at the Santee
Walmart on July 27th, 2015. Located at 170 Town Center Parkway in the City of Santee, the noise
level measurements describe mechanical roof-top air conditioning units on the roof of an existing
Walmart store, in addition to background noise levels from additional roof-top units. The
reference noise level represents Lennox SCA120 series 10-ton model packaged air conditioning
units. At 5 feet from the closest roof-top air conditioning unit, the highest exterior noise level
from all four days of the measurement period was measured at 77.2 dBA Leq. Using the uniform
reference distance of 50 feet, the noise level is 57.2 dBA Leq. The operating conditions of the
reference noise level measurement reflect peak summer cooling requirements with measured
temperatures approaching 96 degrees Fahrenheit (°F) with average daytime temperatures of
82°F. This reference noise level measurement is anticipated to conservatively overstate the roof-
top air conditioning unit noise levels of the Project since it represents the cooling equipment of
a larger, commercial-retail box store.
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5.1.2 PARKING STRUCTURE VEHICLE MOVEMENTS
To determine the noise levels associated with parking structure vehicle movements, Urban
Crossroads collected reference noise level measurements over a 24-hour period on May 17th,
2017 at the parking lot for the Panasonic Avionics Corporation in the City of Lake Forest. The
peak hour of activity measured over the 24-hour noise level measurement period occurred
between 12:00 p.m. to 1:00 p.m., or the typical lunch hour for employees working in the area.
The measured, peak-hour reference noise level at 50 feet from the parking activity was measured
at 38.2 dBA Leq. The parking activity noise levels are mainly due to cars pulling in and out of
spaces during peak lunch hour activity and employees talking. This reference noise level
measurement is anticipated to conservatively overstate the parking structure noise levels of the
Project since it represents the parking activity associated with that of a larger, commercial office
use with a greater number of parking spaces.
5.1.3 WORST-CASE PROJECT OPERATIONAL NOISE LEVELS
As previously indicated, it is important to note that the Project operational noise levels provided
in this study assume a conservative estimation of the future noise environment, with the roof-
top air conditioning units and parking structure vehicle movements all operating continuously,
and simultaneously. Moreover, this analysis assumes that the highest reference noise source
activity for all noise sources is operating every minute of every hour in a given day. Therefore,
the analysis assumes no periods of inactivity, and assumes consistent operation across both
daytime and nighttime hours. In reality, these noise level impacts will likely vary throughout the
day.
5.2 CADNAA NOISE PREDICTION MODEL
To fully describe the exterior operational noise levels from the 215 Riverside Avenue, Urban
Crossroads, Inc. developed a noise prediction model using the CadnaA (Computer Aided Noise
Abatement) computer program. CadnaA can analyze the noise level of multiple types of noise
sources and calculates the noise levels at any location using the spatially accurate Project site
plan and includes the effects of topography, buildings, and multiple barriers in its calculations
using the latest standards to predict outdoor noise impacts.
Using the spatially accurate Project site plan and flown aerial imagery from Nearmap, a CadnaA
noise prediction model of the Project study area was developed. The noise model provides a
three-dimensional representation of the Project study area using the following key data inputs:
x Ground absorption;
x Reflections at buildings and barriers;
x Reference noise level sources by type (area, point, etc.) and noise source height;
x Multiple noise receiver locations and heights;
x Barrier and building heights.
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Based on these data inputs, the CadnaA noise prediction model will calculate the distance from
each noise source to the noise receiver locations, using the ground absorption, distance, and
barrier/building attenuation inputs to provide a summary of noise level calculations at each
receiver location and the partial noise level contributions by noise source. The reference sound
power level (PWL) for the highest noise source expected at the Project site was input into the
CadnaA noise prediction model. While sound pressure levels (e.g. Leq) quantify in decibels the
intensity of given sound sources at a reference distance, sound power levels (PWL) are connected
to the sound source and are independent of distance. Sound pressure levels vary substantially
with distance from the source, and also diminish as a result of intervening obstacles and barriers,
air absorption, wind, and other factors. Sound power is the acoustical energy emitted by the
sound source and is an absolute value that is not affected by the environment.
The sound power level used in this analysis has been calibrated in the noise prediction model to
accurately describe the reference dBA Leq noise levels. Based on the technical guidance provided
for CadnaA, (10) the reference noise source is created in a separate CadnaA noise model with a
receiver at the reference distance of the noise level measurement. The PWL of the noise source
is then adjusted in the separate CadnaA noise model until the noise level at the given reference
distance equals the measured reference noise level.
The operational noise level calculations provided in this noise study account for the distance
attenuation provided due to geometric spreading, when sound from a localized stationary source
(i.e., a point source) propagates uniformly outward in a spherical pattern. Soft site conditions
are used in the operational noise analysis which result in noise levels that attenuate (or decrease)
at a rate of 7.5 dBA for each doubling of distance from a point source, given the soft ground and
vegetation between the Project site and adjacent sensitive receiver locations. Appendix 6.1
includes the CadnaA noise model inputs and calculation data.
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6 OPERATIONAL IMPACTS
This section analyzes the potential operational noise levels due to the Project’s stationary noise
sources at the adjacent residential and commercial receiver locations. Exhibit 6-A shows the
noise source and receiver locations used to assess the Project-related operational noise levels
generated by roof-top air conditioning units and parking structure vehicle movements. Based on
the reference noise level measurements, previously described in Section 5.1, the Project
operational stationary-source noise levels are estimated at each of the nearby receiver locations.
All operational noise level calculations include the noise barrier attenuation provided by the
planned parapet walls, Project building, existing buildings, and topography in the Project study
area, as shown on Exhibit 6-A.
Table 6-1 shows the Project-only noise levels at receiver locations R1 to R7 range from 26.7 to
48.2 dBA Leq based on the reference noise levels used in the analysis. At receiver locations R1 to
R5, which represent noise-sensitive residential uses, the Project operational noise levels range
from 26.7 to 48.2 dBA Leq, and are shown to satisfy the City of Newport Beach Municipal Code
daytime 55 dBA Leq and nighttime 50 dBA Leq exterior noise level standards for residential uses.
At receiver locations R6 and R7, which represent existing commercial uses, the Project
operational noise levels range from 37.4 to 37.9 dBA Leq, and are shown to satisfy the City of
Newport Beach Municipal Code daytime 65 dBA Leq and nighttime 60 dBA Leq exterior noise level
standards for commercial uses. Therefore, the results of the analysis show that the Project-
related operational noise levels associated with roof-top air conditioning units and parking
structure vehicle movements will satisfy the City of Newport Beach Municipal Code daytime and
nighttime base exterior noise level standards at the nearby noise-sensitive residential homes and
adjacent commercial uses. As such, no additional exterior noise abatement measures (e.g., noise
barriers) are required.
TABLE 6-1: OPERATIONAL NOISE LEVEL COMPLIANCE
Receiver
Location1
Land
Use
Unmitigated Project
Operational
Noise Levels (dBA Leq)2
Threshold (dBA Leq)3 Threshold Exceeded?
Daytime Nighttime Daytime Nighttime
R1 Residential 28.4 55 50 No No
R2 Residential 26.7 55 50 No No
R3 Residential 45.5 55 50 No No
R4 Residential 48.2 55 50 No No
R5 Residential 40.8 55 50 No No
R6 Commercial 37.9 65 60 No No
R7 Commercial 37.4 65 60 No No
1 See Exhibit 6-A for the receiver and noise source locations.
2 CadnaA noise prediction model results are provided in Appendix 6.1.
3 Exterior noise level standards (Table 3-1).
"Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.
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7 REFERENCES
1. City of Newport Beach. Municipal Code, Chapter 10.26 Community Noise Control.
2. California Department of Transportation Environmental Program. Technical Noise Supplement - A
Technical Supplement to the Traffic Noise Analysis Protocol. Sacramento, CA : s.n., September 2013.
3. Environmental Protection Agency Office of Noise Abatement and Control. Information on Levels of
Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of
Safety. March 1974. EPA/ONAC 550/9/74-004.
4. California Department of Transportation Environmental Program. Technical Noise Supplement - A
Technical Supplement to the Traffic Noise Analysis Protocol. Sacramento, CA : s.n., September 2013.
5. U.S. Department of Transportation, Federal Highway Administration, Office of Environment and
Planning, Noise and Air Quality Branch. Highway Traffic Noise Analysis and Abatement Policy and
Guidance. June, 1995.
6. U.S. Department of Transportation Federal Transit Administration. Transit Noise and Vibration Impact
Assessment Manual. September 2018.
7. U.S. Environmental Protection Agency Office of Noise Abatement and Control. Noise Effects
Handbook-A Desk Reference to Health and Welfare Effects of Noise. October 1979 (revised July 1981).
EPA 550/9/82/106.
8. American National Standards Institute (ANSI). Specification for Sound Level Meters ANSI S1.4-2014/IEC
61672-1:2013.
9. U.S. Department of Transportation, Federal Transit Administration. Transit Noise and Vibration Impact
Assessment. September 2018.
10. DataKustik. Technical Note: Calibrating Point Sources TN0301e. 2009.
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8 CERTIFICATION
The contents of this noise study report represent an accurate depiction of the noise environment
and impacts associated with the 215 Riverside Avenue Project. The information contained in this
noise study report is based on the best available data at the time of preparation. If you have any
questions, please contact me directly at (949) 336-5979.
Bill Lawson, P.E., INCE
Principal
URBAN CROSSROADS, INC.
260 East Baker Street, Suite 200
Costa Mesa, CA 92626
(949) 336-5979
blawson@urbanxroads.com
EDUCATION
Master of Science in Civil and Environmental Engineering
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Bachelor of Science in City and Regional Planning
California Polytechnic State University, San >ƵŝƐKďŝƐƉŽͻ:ƵŶĞ͕ϭϵϵϮ
PROFESSIONAL REGISTRATIONS
PE – Registered Professional Traffic Engineer – dZϮϱϯϳͻ:ĂŶƵĂƌLJ͕ϮϬϬϵ
AICP – American Institute of Certified Planners – ϬϭϯϬϭϭͻ:ƵŶĞ͕ϭϵϵϳ–January 1, 2012
PTP – WƌŽĨĞƐƐŝŽŶĂůdƌĂŶƐƉŽƌƚĂƚŝŽŶWůĂŶŶĞƌͻDay, 2007 – May, 2013
INCE – /ŶƐƚŝƚƵƚĞŽĨEŽŝƐĞŽŶƚƌŽů ŶŐŝŶĞĞƌŝŶŐͻDĂƌĐŚ͕ϮϬϬϰ
PROFESSIONAL AFFILIATIONS
ASA – Acoustical Society of America
ITE – Institute of Transportation Engineers
PROFESSIONAL CERTIFICATIONS
Certified Acoustical Consultant – County ŽĨKƌĂŶŐĞͻ&ĞďƌƵĂƌLJ͕ϮϬϭϭ
FHWA-NHI-ϭϰϮϬϱϭ,ŝŐŚǁĂLJdƌĂĨĨŝĐEŽŝƐĞĞƌƚŝĨŝĐĂƚĞŽĨdƌĂŝŶŝŶŐͻ&ĞďƌƵĂƌLJ͕ϮϬϭϯ
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APPENDIX 3.1:
CITY OF NEWPORT BEACH MUNICIPAL CODE
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Chapter 10.26 COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 Definitions.
10.26.015 Decibel Measurement Criteria.
10.26.020 Designated Noise Zones.
10.26.025 Exterior Noise Standards.
10.26.030 Interior Noise Standards.
10.26.035 Exemptions.
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions—Special
Provisions.
10.26.045 Heating, Venting and Air Conditioning—Special Provisions.
10.26.050 Sound-Amplifying Equipment.
10.26.055 Noise Level Measurement.
10.26.065 Proposed Developments.
10.26.070 Prima Facie Violation.
10.26.075 Violations.
10.26.080 Violations—Additional Remedies—Injunctions.
10.26.085 City Manager Waiver.
10.26.090 Noise Abatement Programs.
10.26.095 Manner of Enforcement.
10.26.100 Severability.
10.26.005 Declaration of Policy.
A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to
be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter.
B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary
to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating,
maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not
in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance.
The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources
existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with
this chapter. (Ord. 95-38 § 11 (part), 1995)
10.26.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the meanings as indicated here:
“Agricultural property” means a parcel of real property which is undeveloped for any use other than agricultural
purposes.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a
composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time
at which a comparison with the alleged offensive noise is to be made.
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“A-weighted sound level” means the total sound level meter with a reference pressure of twenty (20) micropascals
using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as DBA.
“Code Enforcement Officer” means the Code Enforcement Officer of the City or his duly authorized deputy.
“Commercial property” means a parcel of real property which is used as either in part or in whole for commercial
purposes.
“Cumulative period” means an additive period of time composed of individual time segments which may be
continuous or interrupted.
“Decibel (Db)” means a unit which denotes the ratio between two quantities which are proportional to power: the
number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten
of this ratio.
“Dwelling unit” means any area within a structure on any parcel which:
1. Contains separate or independent living facilities for one or more persons, with an area or equipment for
sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or
2. Is being utilized for residential purposes by one or more persons separately or independently from
occupants of other areas within the structure.
“Emergency machinery, vehicle, work or alarm” means any machinery, vehicle, work or alarm used, employed,
performed or operated in an effort to protect, provide or restore safety conditions in the community or for the
citizenry, or work by private or public utilities when restoring utility service.
“Equivalent, noise, level, leq.” means the sound level corresponding to a steady state noise level over a given
measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known
as the energy average noise level during the measurement period. The measurement period shall be fifteen (15)
minutes under the terms of this chapter.
“Fixed noise source” means a stationary device which creates sounds while fixed or motionless including but not
limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans,
compressors, air conditioners and refrigeration equipment.
“Grading” means any excavating of filling of earth material or any combination thereof conducted at a site to
prepare said site for construction or other improvements thereon.
“Health care institution” means any hospital, convalescent home or other similar facility excluding residential.
“Hertz (HZ)” means the unit which describes the frequency of a function periodic in time which is the reciprocal of
the period.
“Impulsive noise” means a noise of short duration usually less than one second and of high intensity, with an
abrupt onset and rapid decay.
“Industrial property” means a parcel of real property which is used either in part or in whole for manufacturing
purposes.
“Intruding noise level” means the total sound level, in decibels, created, caused, maintained or originating from an
alleged offensive source at a specified location while the alleged offensive source is in operation.
“Licensed” means the issuance of a formal license or permit by the appropriate jurisdictional authority, or where
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“Major roadway” means any street, avenue, boulevard or highway used for motor vehicle traffic which is owned or
controlled by a public government entity.
“Mobile noise source” means any noise source other than a fixed noise source.
“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind,
including public agencies.
“Residential property” means a parcel of real property which is used either in part or in whole for residential
purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property
includes the residential portion of mixed use properties.
“Simple tone noise” means a noise characterized by a predominant frequency or frequencies so that other
frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave
band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure
levels of the two continuous one-third octave bands as follows: five Db for frequencies of five hundred (500) Hertz
(Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz.
“Sound level meter” means an instrument meeting American National Standard Institute’s Standard S1.4-1971 or
most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and
analyzing equipment which will provide equivalent data.
“Sound pressure level” of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio
of the pressure of the sound to a reference pressure which shall be explicitly stated.
“Vibration” means any movement of the earth, ground or other similar surface created by a temporal and spatial
oscillation device or equipment located upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part),
1995)
10.26.015 Decibel Measurement Criteria.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound
pressure of twenty (20) micropascals as measured with a sound level meter using the A-weighted network (scale)
at slow response. (Ord. 95-38 § 11 (part), 1995)
10.26.020 Designated Noise Zones.
The properties hereinafter described assigned to the following noise zones:
Noise Zone I — All single-, two- and multiple-family
residential properties;
Noise Zone II — All commercial properties;
Noise Zone III — The residential portion of mixed-use
properties;
Noise Zone IV — All manufacturing or industrial properties.
The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone
I, II, III or IV provided that the actual use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part),
1995)
10.26.025 Exterior Noise Standards.
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A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a
designated noise zone:
NOISE
ZONE
TYPE OF LAND
USE
ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise
Level, Leq)
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Single-, two-or
multiple-family
residential
55 DBA 50 DBA
II Commercial 65 DBA 60 DBA
III Residential
portions of
mixed-use
properties
60 DBA 50 DBA
IV Industrial or
manufacturing
70 DBA 70 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to
allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person,
which causes the noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for
any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under
said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100)
feet of a commercial property, if the intruding noise originates from that commercial property.
E. If the measurement location is on boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.030 Interior Noise Standards.
A. The following noise standard, unless otherwise specifically indicated, shall apply to all residential property
within all noise zones:
NOISE
ZONE
TYPE OF LAND
USE
ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise
Level, Leq)
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Residential 45 DBA 40 DBA
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III Residential
portions of
mixed-use
properties
45 DBA 40 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise
or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a
person which causes the noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for
any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said
category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100)
feet of a commercial property, if the intruding noise originates from that commercial property.
E. If the measurement location is on a boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.035 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public
entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which
are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized,
or responsible, to perform, activities which are exempt from the provisions of this chapter include, without
limitation, sporting and recreational activities which are sponsored or co-sponsored by the City of Newport Beach
or the Newport Mesa Unified School District;
B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said
events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging
of said events;
C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery,
vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle
shall terminate its operation within forty-five (45) minutes in any hour of its being activated;
D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property.
Such activities shall instead be subject to the provisions of Chapter 10.28 of this title;
E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way
or during authorized seismic surveys;
F. All mechanical devices, apparatus or equipment associated with agriculture operations provided that:
1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or at
any time Sunday or a federal holiday, or
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2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during
periods of potential or actual frost damage or other adverse weather conditions, or
3. Such operations and equipment are associated with agricultural pest control through pesticide
application, provided the application is made in accordance with permits issued by or regulations enforced
by the California Department of Agriculture;
G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to
the provisions of Chapter 10.28 of this title;
H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption
may include motor vehicle, aircraft in flight, and railroad noise regulations;
I. Any noise sources associated with people and/or music associated with a party at a residential property. Such
noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of
Chapters 10.28 and 10.58 of this title;
J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly
within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead
shall be subject to the provisions of Chapter 7.20 of this Code;
K. Any noise sources associated with the operation of a permanently installed heating, venting and air
conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(B)
and (C);
L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification
permit, development agreement or planned community district development plan adopted prior to the date of
adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995)
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions
—Special Provisions.
It is unlawful for any person to create any noise which causes the noise level at any school, day care center,
hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise
standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38
§ 11 (part), 1995)
10.26.045 Heating, Venting and Air Conditioning—Special Provisions.
A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or
adjacent to residential areas shall be issued only where installations can be shown by computation, based on the
sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of fifty (50) DBA or
not to exceed an A-weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that
will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of computation used shall be
that specified in “Standard Application of Sound Rated Outdoor Unitary Equipment,” Standard 275, Air
conditioning and Refrigeration Institute, 1984 or latest revision thereof.
B. Existing HVAC Equipment.
1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with an exterior
noise limit of sixty-five (65) dBA until January 1, 1998.
2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level
standard as specified in Section 10.26.030 of this chapter until January 1, 1998.
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3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter
shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety-day compliance
period set forth in Section 10.26.005.
C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior
noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level
standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent
of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995)
10.26.050 Sound-Amplifying Equipment.
Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be
subject to the provisions of Chapter 10.32 of this title. Such sound-amplifying equipment shall not be construed to
include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players,
electric keyboards, music synthesizers, record players or televisions, which are designed and operated for
personal use, or used entirely within a building and are not designed or used to convey the human voice, music or
any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants
of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38
§ 11 (part), 1995)
10.26.055 Noise Level Measurement.
A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private
yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property
as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or
patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such
as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not
normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels
in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height
shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height
shall be five feet above the finished floor level.
B. The location selected for measuring interior noise levels shall be made within the affected residential unit.
The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of
a window opening, nearest the noise source. The measurements shall be made with windows in an open position.
(Ord. 95-38 § 11 (part), 1995)
10.26.065 Proposed Developments.
Each department whose duty it is to review and approve new projects or changes to existing projects that result
or may result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval.
If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed
standard, regulation or action of any department respecting noise does not conform to the provisions as specified
in this chapter, the Code Enforcement Officer may request such department to consult with him on the advisability
of revising such standard or regulation to obtain uniformity. (Ord. 95-38 § 11 (part), 1995)
10.26.070 Prima Facie Violation.
Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter,
shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part),
1995)
10.26.075 Violations.
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Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 §
11 (part), 1995)
10.26.080 Violations—Additional Remedies—Injunctions.
A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in
violation of any provisions of this chapter which operation or maintenance causes or creates sound levels
exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law.
The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council
declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a
personal obligation of the property owner. (Ord. 95-38 § 11 (part), 1995)
10.26.085 City Manager Waiver.
The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time
not to exceed thirty (30) days if such temporary waiver would be in the public interest and there is no feasible and
prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is
sought. (Ord. 95-38 § 11 (part), 1995)
10.26.090 Noise Abatement Programs.
A. In circumstances which adopted community-wide noise standards and policies prove impractical in
controlling noise generated from a specific source, the City Council may establish a noise abatement program
which recognizes the characteristics of the noise source and affected property and which incorporates specialized
mitigation measures.
B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for
achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may
include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of
operations, and the types of equipment. (Ord. 95-38 § 11 (part), 1995)
10.26.095 Manner of Enforcement.
A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue
citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or
enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of
an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which
specifies the time by which the condition shall be corrected.
B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this
chapter while such person is engaged in the performance of his/her duty.
C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to
be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address
or at the place where the violation occurred in which event the specified time period for abating the violation or
applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 §
11 (part), 1995)
10.26.100 Severability.
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If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be
given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby
declared to be severable. (Ord. 95-38 § 11 (part), 1995)
The Newport Beach Municipal Code is current through
Ordinance 2018-19, and legislation passed through
December 11, 2018.
Disclaimer: The City Clerk's Office has the official version of the
Newport Beach Municipal Code. Users should contact the City
Clerk's Office for ordinances passed subsequent to the ordinance
cited above.
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APPENDIX 4.1:
STUDY AREA PHOTOS
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JN:12356 Study Area Photos
L1East
33,37'20.920000",117,55'27.920000"
L1North
33,37'20.950000",117,55'27.980000"
L1South
33,37'20.920000",117,55'27.900000"
L1West
33,37'21.000000",117,55'27.980000"
L2North
33,37'19.590000",117,55'25.420000"
L2Northeast
33,37'19.590000",117,55'25.450000"
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L2South
33,37'19.590000",117,55'25.480000"
L2West
33,37'19.620000",117,55'25.480000"
L3North
33,37'21.060000",117,55'22.680000"
L3Southeast
33,37'21.070000",117,55'22.680000"
L3Southwest
33,37'21.090000",117,55'22.600000"
L3West
33,37'21.050000",117,55'22.540000"
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L4Northeast
33,37'18.350000",117,55'21.470000"
L4South
33,37'18.340000",117,55'21.500000"
L4West
33,37'17.850000",117,55'21.720000"
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APPENDIX 4.2:
AMBIENT NOISE LEVEL MEASUREMENT WORKSHEETS
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Date:Location:Meter:Piccolo IJN:12356Project:215 RiversideAnalyst:R. SaberTimeframe HourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%LeqAdj.Adj. Leq0 48.3 58.4 43.3 53.0 52.0 50.0 50.0 48.0 47.0 45.0 45.0 44.0 48.3 10.0 58.31 46.3 59.1 42.2 51.0 51.0 49.0 49.0 46.0 45.0 43.0 43.0 42.0 46.3 10.0 56.32 44.8 53.1 42.3 49.0 48.0 47.0 47.0 45.0 44.0 43.0 42.0 42.0 44.8 10.0 54.83 44.5 53.9 41.1 49.0 49.0 47.0 46.0 44.0 43.0 42.0 42.0 42.0 44.5 10.0 54.54 53.3 78.8 42.4 66.0 56.0 49.0 48.0 46.0 45.0 43.0 43.0 43.0 53.3 10.0 63.35 49.5 58.9 44.0 53.0 53.0 52.0 51.0 50.0 49.0 46.0 45.0 44.0 49.5 10.0 59.56 53.8 73.2 48.3 58.0 57.0 56.0 55.0 54.0 53.0 50.0 50.0 49.0 53.8 10.0 63.87 56.8 76.5 50.3 62.0 61.0 60.0 60.0 57.0 55.0 53.0 52.0 51.0 56.8 0.0 56.88 55.7 68.7 48.3 62.0 60.0 59.0 59.0 56.0 54.0 51.0 50.0 49.0 55.7 0.0 55.79 55.7 66.5 48.4 62.0 61.0 59.0 58.0 56.0 54.0 51.0 51.0 49.0 55.7 0.0 55.710 57.0 68.3 48.6 63.0 62.0 60.0 60.0 58.0 55.0 52.0 51.0 50.0 57.0 0.0 57.011 57.0 73.9 49.1 66.0 63.0 60.0 59.0 57.0 54.0 52.0 51.0 50.0 57.0 0.0 57.012 57.2 85.2 49.3 63.0 61.0 58.0 57.0 55.0 53.0 51.0 51.0 50.0 57.2 0.0 57.213 57.1 73.6 49.6 66.0 63.0 60.0 59.0 57.0 54.0 51.0 51.0 50.0 57.1 0.0 57.114 54.9 68.0 48.5 61.0 59.0 58.0 57.0 55.0 53.0 51.0 50.0 49.0 54.9 0.0 54.915 55.0 67.4 49.5 61.0 60.0 58.0 57.0 55.0 54.0 51.0 51.0 50.0 55.0 0.0 55.016 56.0 73.7 50.3 62.0 60.0 59.0 58.0 56.0 55.0 52.0 52.0 51.0 56.0 0.0 56.017 55.5 74.8 49.1 62.0 60.0 58.0 57.0 55.0 54.0 52.0 51.0 50.0 55.5 0.0 55.518 55.2 71.8 47.6 63.0 61.0 58.0 57.0 55.0 53.0 51.0 50.0 49.0 55.2 0.0 55.219 55.2 70.6 47.6 64.0 62.0 59.0 58.0 54.0 52.0 50.0 49.0 49.0 55.2 5.0 60.220 52.6 64.6 44.0 61.0 59.0 56.0 55.0 52.0 51.0 48.0 47.0 45.0 52.6 5.0 57.621 49.2 66.1 43.9 56.0 54.0 52.0 51.0 49.0 48.0 45.0 45.0 44.0 49.2 5.0 54.222 49.3 61.9 44.0 53.0 53.0 52.0 51.0 50.0 48.0 46.0 46.0 45.0 49.3 10.0 59.323 49.9 63.9 45.4 58.0 53.0 52.0 51.0 49.0 48.0 47.0 46.0 46.0 49.9 10.0 59.9TimeframeHourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%Min 54.9 66.5 47.6 61.0 59.0 58.0 57.0 55.0 53.0 51.0 50.0 49.0Max 57.2 85.2 50.3 66.0 63.0 60.0 60.0 58.0 55.0 53.0 52.0 51.056.2 62.8 60.9 58.9 58.2 56.0 54.0 51.5 50.9 49.8Min 49.2 64.6 43.9 56.0 54.0 52.0 51.0 49.0 48.0 45.0 45.0 44.0Max 55.2 70.6 47.6 64.0 62.0 59.0 58.0 54.0 52.0 50.0 49.0 49.053.0 60.3 58.3 55.7 54.7 51.7 50.3 47.7 47.0 46.0Min 44.5 53.1 41.1 49.0 48.0 47.0 46.0 44.0 43.0 42.0 42.0 42.0Max 53.8 78.8 48.3 66.0 57.0 56.0 55.0 54.0 53.0 50.0 50.0 49.050.0 54.4 52.4 50.4 49.8 48.0 46.9 45.0 44.7 44.1EveningL1 - Located northwest of the Project site on Cliff Drive in an existing park near residential homes. 24-Hour Noise Level Measurement SummaryTuesday, February 26, 2019Hourly Leq dBA Readings (unadjusted)NightDayNightLeq (dBA)DayEnergy Average Average:24-Hour Daytime NighttimeEvening24-Hour CNEL (dBA)54.3 55.7 50.0Energy AverageAverage:58.2NightEnergy Average Average:48.346.344.844.553.349.553.856.855.755.757.057.057.257.154.955.056.055.555.255.252.649.249.349.935.040.045.050.055.060.065.070.075.080.085.001234567891011121314151617181920212223Hourly Leq(dBA)Hour BeginningU:\UcJobs\_12100-12500\_12300\12356\Fieldwork\12356_L1_Summary49136
Date:Location:Meter:Piccolo IJN:12356Project:215 RiversideAnalyst:R. SaberTimeframe HourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%LeqAdj.Adj. Leq0 43.5 53.4 38.5 49.0 47.0 46.0 45.0 44.0 42.0 41.0 40.0 40.0 43.5 10.0 53.51 43.0 56.3 38.5 49.0 48.0 46.0 46.0 43.0 41.0 40.0 40.0 38.0 43.0 10.0 53.02 41.5 59.0 38.5 48.0 46.0 43.0 42.0 41.0 40.0 38.0 38.0 38.0 41.5 10.0 51.53 41.2 55.1 39.9 45.0 44.0 43.0 42.0 41.0 40.0 40.0 40.0 40.0 41.2 10.0 51.24 47.6 71.2 40.2 59.0 54.0 47.0 45.0 42.0 41.0 40.0 40.0 40.0 47.6 10.0 57.65 47.1 65.7 41.6 54.0 52.0 50.0 49.0 47.0 45.0 43.0 43.0 42.0 47.1 10.0 57.16 52.9 66.4 45.1 63.0 61.0 58.0 55.0 51.0 49.0 47.0 47.0 46.0 52.9 10.0 62.97 56.2 69.4 46.7 64.0 63.0 61.0 60.0 57.0 52.0 49.0 48.0 47.0 56.2 0.0 56.28 56.7 70.0 44.0 65.0 64.0 62.0 60.0 57.0 53.0 47.0 46.0 45.0 56.7 0.0 56.79 54.9 69.2 43.6 63.0 62.0 60.0 59.0 55.0 52.0 47.0 46.0 45.0 54.9 0.0 54.910 56.5 68.4 44.9 64.0 63.0 61.0 60.0 57.0 54.0 48.0 47.0 46.0 56.5 0.0 56.511 55.0 68.4 44.6 62.0 61.0 59.0 58.0 56.0 52.0 48.0 47.0 46.0 55.0 0.0 55.012 54.1 73.1 44.0 61.0 60.0 58.0 57.0 54.0 51.0 48.0 47.0 45.0 54.1 0.0 54.113 56.6 75.5 45.1 67.0 62.0 60.0 59.0 56.0 53.0 50.0 49.0 47.0 56.6 0.0 56.614 53.7 67.3 44.3 62.0 60.0 58.0 57.0 54.0 51.0 47.0 46.0 45.0 53.7 0.0 53.715 55.3 76.8 45.1 64.0 63.0 60.0 58.0 53.0 51.0 48.0 47.0 46.0 55.3 0.0 55.316 55.0 73.2 45.9 63.0 61.0 59.0 58.0 55.0 53.0 49.0 49.0 47.0 55.0 0.0 55.017 54.3 70.3 45.4 62.0 60.0 58.0 57.0 54.0 52.0 49.0 48.0 46.0 54.3 0.0 54.318 54.1 73.2 44.3 61.0 60.0 58.0 57.0 53.0 51.0 48.0 48.0 46.0 54.1 0.0 54.119 54.1 69.3 44.7 63.0 62.0 59.0 57.0 53.0 50.0 47.0 46.0 45.0 54.1 5.0 59.120 51.7 71.2 40.3 62.0 60.0 57.0 54.0 50.0 48.0 44.0 43.0 41.0 51.7 5.0 56.721 48.2 68.4 38.5 58.0 55.0 52.0 51.0 47.0 44.0 41.0 40.0 40.0 48.2 5.0 53.222 47.7 69.1 40.1 55.0 53.0 51.0 51.0 47.0 44.0 41.0 41.0 40.0 47.7 10.0 57.723 45.4 61.0 41.2 52.0 51.0 49.0 47.0 45.0 44.0 42.0 42.0 41.0 45.4 10.0 55.4TimeframeHourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%Min 53.7 67.3 43.6 61.0 60.0 58.0 57.0 53.0 51.0 47.0 46.0 45.0Max 56.7 76.8 46.7 67.0 64.0 62.0 60.0 57.0 54.0 50.0 49.0 47.055.3 63.2 61.6 59.5 58.3 55.1 52.1 48.2 47.3 45.9Min 48.2 68.4 38.5 58.0 55.0 52.0 51.0 47.0 44.0 41.0 40.0 40.0Max 54.1 71.2 44.7 63.0 62.0 59.0 57.0 53.0 50.0 47.0 46.0 45.052.0 61.0 59.0 56.0 54.0 50.0 47.3 44.0 43.0 42.0Min 41.2 53.4 38.5 45.0 44.0 43.0 42.0 41.0 40.0 38.0 38.0 38.0Max 52.9 71.2 45.1 63.0 61.0 58.0 55.0 51.0 49.0 47.0 47.0 46.047.2 52.7 50.7 48.1 46.9 44.6 42.9 41.3 41.2 40.6Energy Average Average:56.3NightEnergy Average Average:Evening24-Hour CNEL (dBA)53.2 54.8 47.2NightLeq (dBA)DayEnergy Average Average:24-Hour Daytime NighttimeEveningL2 - Located within the existing parking structure at the Project site, south of existing residential homes. 24-Hour Noise Level Measurement SummaryTuesday, February 26, 2019Hourly Leq dBA Readings (unadjusted)NightDay43.543.041.541.247.647.152.956.256.754.956.555.054.156.653.755.355.054.354.154.151.748.247.745.435.040.045.050.055.060.065.070.075.080.085.001234567891011121314151617181920212223Hourly Leq(dBA)Hour BeginningU:\UcJobs\_12100-12500\_12300\12356\Fieldwork\12356_L2_Summary50137
Date:Location:Meter:Piccolo IJN:12356Project:215 RiversideAnalyst:R. SaberTimeframe HourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%LeqAdj.Adj. Leq0 52.1 72.3 38.8 61.0 59.0 56.0 55.0 53.0 45.0 39.0 39.0 38.0 52.1 10.0 62.11 51.2 72.0 38.7 60.0 58.0 56.0 56.0 51.0 40.0 39.0 39.0 38.0 51.2 10.0 61.22 50.2 72.6 37.4 60.0 59.0 58.0 57.0 42.0 40.0 39.0 38.0 38.0 50.2 10.0 60.23 49.4 73.1 38.9 63.0 59.0 52.0 48.0 42.0 40.0 39.0 39.0 39.0 49.4 10.0 59.44 57.7 72.1 40.6 68.0 67.0 64.0 62.0 56.0 49.0 43.0 42.0 40.0 57.7 10.0 67.75 62.2 83.1 42.8 71.0 69.0 68.0 67.0 61.0 55.0 47.0 45.0 44.0 62.2 10.0 72.26 66.6 77.8 45.3 74.0 73.0 71.0 70.0 68.0 64.0 52.0 49.0 48.0 66.6 10.0 76.67 66.1 85.5 43.6 74.0 72.0 70.0 70.0 67.0 63.0 54.0 51.0 46.0 66.1 0.0 66.18 65.1 80.8 43.7 73.0 71.0 70.0 69.0 66.0 62.0 53.0 50.0 45.0 65.1 0.0 65.19 63.1 80.3 43.7 71.0 69.0 68.0 67.0 64.0 59.0 50.0 49.0 46.0 63.1 0.0 63.110 63.5 78.3 42.7 70.0 69.0 68.0 67.0 64.0 61.0 52.0 50.0 46.0 63.5 0.0 63.511 64.4 81.4 43.8 72.0 70.0 69.0 68.0 65.0 62.0 53.0 50.0 46.0 64.4 0.0 64.412 64.3 88.2 44.4 71.0 69.0 68.0 67.0 64.0 61.0 52.0 50.0 47.0 64.3 0.0 64.313 62.7 90.2 41.9 69.0 68.0 66.0 65.0 63.0 59.0 51.0 48.0 45.0 62.7 0.0 62.714 61.5 77.1 43.7 68.0 67.0 66.0 65.0 62.0 59.0 52.0 50.0 47.0 61.5 0.0 61.515 62.8 82.1 48.1 69.0 68.0 66.0 65.0 63.0 61.0 55.0 53.0 51.0 62.8 0.0 62.816 63.2 82.4 46.2 70.0 69.0 67.0 66.0 64.0 61.0 54.0 52.0 49.0 63.2 0.0 63.217 63.7 82.4 40.6 71.0 70.0 68.0 67.0 65.0 61.0 51.0 48.0 45.0 63.7 0.0 63.718 61.7 74.8 41.7 69.0 68.0 67.0 66.0 63.0 58.0 48.0 46.0 43.0 61.7 0.0 61.719 61.0 81.3 39.8 69.0 68.0 66.0 65.0 61.0 55.0 44.0 43.0 41.0 61.0 5.0 66.020 60.7 86.1 38.9 70.0 69.0 66.0 65.0 58.0 51.0 41.0 40.0 39.0 60.7 5.0 65.721 57.7 76.5 38.9 69.0 67.0 64.0 62.0 53.0 47.0 41.0 40.0 40.0 57.7 5.0 62.722 56.7 75.0 45.1 67.0 66.0 62.0 60.0 53.0 51.0 48.0 47.0 46.0 56.7 10.0 66.723 55.6 73.3 45.1 66.0 63.0 58.0 57.0 55.0 53.0 50.0 49.0 47.0 55.6 10.0 65.6TimeframeHourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%Min 61.5 74.8 40.6 68.0 67.0 66.0 65.0 62.0 58.0 48.0 46.0 43.0Max 66.1 90.2 48.1 74.0 72.0 70.0 70.0 67.0 63.0 55.0 53.0 51.063.7 70.6 69.2 67.8 66.8 64.2 60.6 52.1 49.8 46.3Min 57.7 76.5 38.9 69.0 67.0 64.0 62.0 53.0 47.0 41.0 40.0 39.0Max 61.0 86.1 39.8 70.0 69.0 66.0 65.0 61.0 55.0 44.0 43.0 41.060.0 69.3 68.0 65.3 64.0 57.3 51.0 42.0 41.0 40.0Min 49.4 72.0 37.4 60.0 58.0 52.0 48.0 42.0 40.0 39.0 38.0 38.0Max 66.6 83.1 45.3 74.0 73.0 71.0 70.0 68.0 64.0 52.0 49.0 48.059.6 65.6 63.7 60.6 59.1 53.4 48.6 44.0 43.0 42.0EveningL3 - Located northeast of the Project site on Riverside Avenue adjacent to an existing park. 24-Hour Noise Level Measurement SummaryTuesday, February 26, 2019Hourly Leq dBA Readings (unadjusted)NightDayNightLeq (dBA)DayEnergy Average Average:24-Hour Daytime NighttimeEvening24-Hour CNEL (dBA)62.1 63.2 59.6Energy AverageAverage:67.0NightEnergy Average Average:52.151.250.249.457.762.266.666.165.163.163.564.464.362.761.562.863.263.761.761.060.757.756.755.635.040.045.050.055.060.065.070.075.080.085.001234567891011121314151617181920212223Hourly Leq(dBA)Hour BeginningU:\UcJobs\_12100-12500\_12300\12356\Fieldwork\12356_L3_Summary51138
Date:Location:Meter:Piccolo IJN:12356Project:215 RiversideAnalyst:R. SaberTimeframe HourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%LeqAdj.Adj. Leq0 43.6 59.0 39.4 51.0 50.0 48.0 47.0 43.0 41.0 40.0 40.0 40.0 43.6 10.0 53.61 41.4 52.9 39.4 49.0 48.0 43.0 42.0 40.0 40.0 39.0 39.0 39.0 41.4 10.0 51.42 40.7 50.6 39.4 45.0 43.0 42.0 41.0 40.0 40.0 39.0 39.0 39.0 40.7 10.0 50.73 45.5 67.2 39.3 56.0 53.0 48.0 44.0 41.0 40.0 39.0 39.0 39.0 45.5 10.0 55.54 44.9 53.9 39.9 50.0 49.0 48.0 47.0 45.0 43.0 41.0 40.0 40.0 44.9 10.0 54.95 50.2 65.0 45.4 55.0 54.0 53.0 52.0 50.0 49.0 47.0 46.0 46.0 50.2 10.0 60.26 55.7 77.8 44.1 64.0 63.0 61.0 60.0 55.0 50.0 46.0 46.0 45.0 55.7 10.0 65.77 55.7 78.4 44.3 66.0 64.0 61.0 59.0 53.0 50.0 46.0 46.0 45.0 55.7 0.0 55.78 53.7 70.3 42.9 65.0 62.0 59.0 57.0 51.0 48.0 46.0 45.0 44.0 53.7 0.0 53.79 58.0 76.2 45.1 68.0 65.0 63.0 61.0 57.0 53.0 48.0 47.0 46.0 58.0 0.0 58.010 56.7 80.7 46.0 67.0 64.0 61.0 59.0 53.0 50.0 47.0 47.0 46.0 56.7 0.0 56.711 54.6 72.1 44.8 64.0 62.0 60.0 58.0 53.0 50.0 47.0 46.0 45.0 54.6 0.0 54.612 56.0 74.9 45.2 68.0 64.0 61.0 58.0 52.0 49.0 47.0 46.0 46.0 56.0 0.0 56.013 61.9 89.7 44.0 65.0 63.0 60.0 58.0 53.0 50.0 47.0 46.0 45.0 61.9 0.0 61.914 58.2 80.9 45.4 67.0 65.0 63.0 60.1 54.0 52.0 48.0 47.0 46.0 58.2 0.0 58.215 56.5 76.1 46.6 65.0 64.0 62.0 59.0 54.0 52.0 49.0 48.0 47.0 56.5 0.0 56.516 54.5 75.4 44.1 65.0 62.0 59.0 57.0 52.0 49.0 47.0 46.0 45.0 54.5 0.0 54.517 53.0 65.9 43.1 62.0 61.0 59.0 57.0 52.0 49.0 47.0 46.0 44.0 53.0 0.0 53.018 55.2 71.2 44.0 65.0 64.0 61.0 60.0 53.0 49.0 46.0 45.0 44.0 55.2 0.0 55.219 52.0 67.9 41.1 64.0 62.0 57.0 54.0 49.0 47.0 44.0 43.0 42.0 52.0 5.0 57.020 48.6 67.9 39.3 60.0 58.0 54.0 50.0 46.0 43.0 40.0 40.0 39.0 48.6 5.0 53.621 51.9 74.3 39.4 65.0 61.0 53.0 50.0 45.0 43.0 40.0 40.0 39.0 51.9 5.0 56.922 45.8 68.3 40.6 53.0 51.0 49.0 48.0 44.0 43.0 41.0 41.0 41.0 45.8 10.0 55.823 46.4 64.4 39.9 60.0 54.0 49.0 47.0 44.0 41.0 40.0 40.0 40.0 46.4 10.0 56.4TimeframeHourLeqLmaxLminL1% L2% L5% L8% L25% L50% L90% L95% L99%Min 53.0 65.9 42.9 62.0 61.0 59.0 57.0 51.0 48.0 46.0 45.0 44.0Max 61.9 89.7 46.6 68.0 65.0 63.0 61.0 57.0 53.0 49.0 48.0 47.056.9 65.6 63.3 60.8 58.6 53.1 50.1 47.1 46.3 45.3Min 48.6 67.9 39.3 60.0 58.0 53.0 50.0 45.0 43.0 40.0 40.0 39.0Max 52.0 74.3 41.1 65.0 62.0 57.0 54.0 49.0 47.0 44.0 43.0 42.051.1 63.0 60.3 54.7 51.3 46.7 44.3 41.3 41.0 40.0Min 40.7 50.6 39.3 45.0 43.0 42.0 41.0 40.0 40.0 39.0 39.0 39.0Max 55.7 77.8 45.4 64.0 63.0 61.0 60.0 55.0 50.0 47.0 46.0 46.048.7 53.7 51.7 49.0 47.6 44.7 43.0 41.3 41.1 41.0Energy Average Average:57.6NightEnergy Average Average:Evening24-Hour CNEL (dBA)54.6 56.2 48.7NightLeq (dBA)DayEnergy Average Average:24-Hour Daytime NighttimeEveningL4 - Located east of the Project site on Ocean View Avenue adjacent to existing residential homes. 24-Hour Noise Level Measurement SummaryTuesday, February 26, 2019Hourly Leq dBA Readings (unadjusted)NightDay43.641.440.745.544.950.255.755.753.758.056.754.656.061.958.256.554.553.055.252.048.651.945.846.435.040.045.050.055.060.065.070.075.080.085.001234567891011121314151617181920212223Hourly Leq(dBA)Hour BeginningU:\UcJobs\_12100-12500\_12300\12356\Fieldwork\12356_L4_Summary52139
215 Riverside Avenue Noise Impact Analysis
12356-04 Noise Study
APPENDIX 6.1:
CADNAA NOISE MODEL DATA INPUTS & RESULTS
53 140
215 Riverside Avenue Noise Impact Analysis
12356-04 Noise Study
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54 141
12352
CadnaANoisePredictionModel
12352Ͳ03.cna
Date:
04.03.19
Analyst:
A.Wolfe
ReceiverNoiseLevels
Name ID LevelLr Height Coordinates
Day X Y Z
(dBA)(m)(m)(m)(m)
1 1 28.4 1.52 r 1844518.39 662676.10 17.13
2 2 26.7 1.52 r 1844553.45 662677.42 16.52
3 3 45.5 1.52 r 1844688.05 662672.54 18.14
4 4 48.2 1.52 r 1844720.49 662661.88 17.59
5 5 40.8 1.52 r 1844762.84 662635.66 15.52
6 6 37.9 1.52 r 1844748.35 662622.30 9.52
7 7 37.4 1.52 r 1844690.22 662615.80 6.36
AreaSource(s)
Name Result.PWL Lw/Li
Day Night Type Value norm.
(dBA)(dBA)dB(A)
ParkingLot 69.9 69.9 Lw 69.9
HVAC 88.9 88.9 Lw 88.9
HVAC 88.9 88.9 Lw 88.9
Barrier(s)
Name Absorption Height
left right Begin End
(m)(m)
BARRIERS 0.21 0.21 2.44 g
BARRIERS 0.21 0.21 2.44 g
BARRIERS 0.21 0.21 1.83 g
Building(s)
Name Absorption Height
Begin
(m)
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 9.14 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 3.05 g
BUILDINGS 0.21 9.14 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 3.05 r
BUILDINGS 0.21 6.10 r
BUILDINGS 0.21 6.10 r
UrbanCrossroads,Inc.55 142
215 Riverside Avenue Noise Impact Analysis
12356-04 Noise Study
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56 143
Exhibit C
Preliminary Water Quality
Management Plan
144
Preliminary Water Quality Management Plan
(pWQMP)
215 RIVERSIDE AVENUE
Por. Lot D, Tract No. 919
APN 049-103-17
Newport Beach, California
Prepared for:
CANNERY PARTNERS LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Contact: Gary Jabara (949) 999-4545
Prepared by:
TOAL ENGINEERING, INC.
139 Avenida Navarro, San Clemente, CA 92672
www.toalengineering.com
Contact: ADAM L. TOAL, R.C.E. 59275 (949) 492-8586
atoal@toalengineering.com
Prepared on: JUNE 7, 2019
Template Prepared: December 20, 2013
145
Water Quality Management Plan (WQMP)
215 Riverside Avenue, Newport Beach, California
MR. GARY JABARA Owner’s Certification
Project Owner’s Certification
Permit/Application No. PA2019-023 Grading Permit No. (TBD)
Tract/Parcel Map No. Lot D
Tract No. 919 Building Permit No. (TBD)
CUP, SUP, and/or APN (Specify Lot Numbers if Portions of Tract) 049-103-17
This Water Quality Management Plan (WQMP) has been prepared for Mr. Gary Jabara by Toal
Engineering, Inc. The WQMP is intended to comply with the requirements of the local NPDES
Stormwater Program requiring the preparation of the plan.
The undersigned, while it owns the subject property, is responsible for the implementation of
the provisions of this plan and will ensure that this plan is amended as appropriate to reflect
up-to-date conditions on the site consistent with the current Orange County Drainage Area
Management Plan (DAMP) and the intent of the non-point source NPDES Permit for Waste
Discharge Requirements for the County of Orange, Orange County Flood Control District and
the incorporated Cities of Orange County within the San Diego Region (South Orange County)..
Once the undersigned transfers its interest in the property, its successors-in-interest shall bear
the aforementioned responsibility to implement and amend the WQMP. An appropriate
number of approved and signed copies of this document shall be available on the subject site in
perpetuity.
Owner: Gary Jabara
Title
Company Cannery Partners LLC
Address 660 Newport Center Drive, Suite 200, Newport Beach, CA 92660
Email gary@mobilitie.com
Telephone # 949-999-4545
Signature Date
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MR. GARY JABARA Table of Contents
Contents Page No.
Section I Discretionary Permit(s) and Water Quality Conditions..................................... 3
Section II Project Description .......................................................................................... 4
Section III Site Description .............................................................................................. 7
Section IV Best Management Practices (BMPs) ............................................................. 10
Section V Inspection/Maintenance Responsibility for BMPs.......................................... 29
Section VI Site Plan and Drainage Plan.......................................................................... 31
Section VII Educational Materials .................................................................................. 34
Attachments
Attachment A . ..........................................................................................BMP Fact Sheets
Attachment B . ..................................................................................Educational Materials
Attachment C . ................................................................... Operation & Maintenance Plan
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Section I Discretionary Permit(s) and
Water Quality Conditions
Project Infomation
Permit/Application No. PA2019-023 Tract/Parcel Map No. Lot D
Tract No. 919
Additional Information/
Comments:
Water Quality Conditions
Water Quality
Conditions
(list verbatim)
Prior to the issuance of any grading or building permits, the applicant
shall submit for review and approval by the Manager, Permit Services,
a Water Quality Management Plan (WQMP) specifically identifying
Best Management Practices (BMPs) that will be used onsite to control
predictable pollution runoff. The applicant shall utilize the Orange
County Drainage Area Management Plan (DAMP), Model WQMP,
and Technical Guidance Manual for reference, and the County’s
WQMP template for submittal. This WQMP shall include the
following:
-Detailed site and project description
-Potential stormwater pollutants
-Post-development drainage characteristics
-Low Impact Development (LID) BMP selection and analysis
-Structural and Non-Structural source control BMPs
-Site design and drainage plan (BMP Exhibit)
-GIS coordinates for all LID and Treatment Control BMPs
-Operation and Maintenance (O&M) Plan that (1) describes the
mechanism for funding the long-term operation and maintenance of
referenced BMPs.
The BMP Exhibit from the approved WQMP shall be included as a
sheet in all plan sets submitted for plan check and all BMPs shall be
depicted on these plans. Grading and building plans must be
consistent with the approved BMP exhibit.
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Watershed-Based Plan Conditions
Provide applicable
conditions from watershed
- based plans including
TMDLS.
TMDLs for Lower Newport Bay:
Nutrients (1998)
Toxics (2002)
Fecal Coliform (1999)
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Section II Project Description
II.1 Project Description
Description of Proposed Project
Development
Category
(Verbatim from
WQMP):
8. All significant redevelopment projects, where significant redevelopment is
defined as the addition or replacement of 5,000 or more square feet of
impervious surface on an already developed site. Redevelopment does not
include routine maintenance activities that are conducted to maintain original
line and grade, hydraulic capacity, original purpose of the facility, or
emergency redevelopment activity required to protect public health and safety
If the redevelopment results in the addition or replacement of less than 50
percent of the impervious area on-site and the existing development was not
subject to WQMP requirement, the numeric sizing criteria discussed in Section
7.II-2.0 only applies to the addition or replacement area. If the addition or
replacement accounts for 50 percent or more of the impervious area, the Project
WQMP requirements apply to the entire development
Project Area (ft2): 16,290 Number of Dwelling Units: 1 SIC Code: 1521
Narrative
Project
Description:
The project consists of the following: (1) demolition of the existing building and
associated parking areas; (2) construction of a new retail space along with a 2-level
parking garage and appurtenant hardscape, landscape, and drainage improvements.
Runoff from the roof and upper level parking garage will be directed to and treated
by a bioretention planter box prior to discharge. Runoff from within the basement
level covered parking garage will be treated by filter inserts prior to discharge.
Project Area Pervious Impervious
Area (sf) Percentage Area (sf) Percentage
Pre-Project Conditions 2,815 17 13,475 83
Post-Project Conditions 5,140 32 11,150 68
Drainage Patterns/Connections See Section III.2.
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II.2 Potential Stormwater Pollutants
Pollutants of Concern
Pollutant
Circle One:
E=Expected to
be of concern
N=Not Expected
to be of concern
Additional Information and Comments
Suspended-Solid / Sediment ۍE N
Nutrients ۍE N
Heavy Metals ۍE N
Pathogens (Bacteria/Virus) ۍE N
Pesticides ۍE N
Oil and Grease ۍE N
Toxic Organic Compounds E ۍN
Trash and Debris ۍE N
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II.3 Hydrologic Conditions of Concern
Hydrologic Conditions of Concern (HCOCs) do not exist for this project since site runoff is
conveyed in a storm drain system and discharged directly into Newport Bay.
II.4 Post Development Drainage Characteristics
Post-construction surface drainage will be directed to the same ultimate discharge points as prior to
construction. Runoff from the front portion of the property will be directed to a gravel bed for
infiltration prior to discharge to the street. Runoff from the remaining portions of the site will be
collected in an area drain system and discharged into the existing street through drain box filter at
the rear of the property and then pumped up to the street for discharge. The drainage system is
shown on the Preliminary Grading and Drainage Plan and the Preliminary Water Quality
Management Plan for the project.
II.5 Property Ownership/Management
This property is privately owned by:
Cannery Partners, LLC
Gary Jabara
660 Newport Center Dr., Suite 200
Newport Beach, CA 92660
Tel: (949) 999-4545
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Section III Site Description
III.1 Physical Setting
Planning Area/
Community Name N/A
Location/Address 215 Riverside Avenue, Newport Beach, California
Project Area Description The subject property lies on the northwesterly corner of the
intersection of Riverside Avenue and Avon Street.
Land Use RSD-A: Single Unit Residential Detached (0.0-5.9 DU/AC)
Zoning CG-05: Commercial General
Acreage Property: 16,290 s.f. (0.374 acres)
Project: 14,470 s.f. (0.332 acres)
Predominant Soil Type Per the O.C. Hydrology Manual Plate B, the project is underlain by
soil Type D.
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III.2 Site Characteristics
Precipitation Zone 0.7-in (TGD Fig XVI-1)
Topography The subject property is sloed commercial lot. Elevations on the
developed portion of the site range from a maximum of about 43-feet
to a minimum of about 16-feet.
Drainage
Patterns/Connections
Under existing conditions, the runoff from the site flows to the streets
at the east (Riverside) and south (Avon) of the property.
Soil Type, Geology, and
Infiltration Properties
Per the O.C. Hydrology Manual Plate B, the project is underlain by
soil Type D.
Hydrogeologic
(Groundwater) Conditions
A soils report is not available at this time.
Geotechnical Conditions
(relevant to infiltration) According to infiltration BMP feasibility criteria, infiltration of the
entire DVC is not feasible for this project.
Off-Site Drainage The project site does not receive run-on from adjacent properties.
Utility and Infrastructure
Information
Public and private utilities are already in place for this property.
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III.3 Watershed Description
Receiving Waters Lower Newport Bay
303(d) Listed Impairments Chlordane, Copper, DDT, Indicator Bacteria, Nutrients, PCBs,
Pesticides, Sediment Toxicity
Applicable TMDLs Sediment, Nutrients, Toxics, Fecal Coliform
Pollutants of Concern for
the Project
Primary Pollutants of Concern:
Chlordane, Copper, DDT, Indicator Bacteria, Nutrients, PCBs, Pesticides,
Sediment Toxicity.
Other Pollutants of Concern:
None.
Environmentally Sensitive
and Special Biological
Significant Areas
Lower Newport Bay.
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Section IV Best Management Practices (BMPs)
IV. 1 Project Performance Criteria
Project Performance Criteria
If HCOC exists, list applicable
hydromodification control performance criteria
(MWQMP Appendix C)
Per Section II.3 of this report, HCOCs do not
exist for the proposed project.
List applicable
LID performance
criteria (Section
7.II-2.4.3 from
MWQMP)
x Priority Projects must infiltrate, harvest and use, evapotranspire, or
biotreat/biofilter, the 85th percentile, 24-hour storm event (Design
Capture Volume).
x A properly designed biotreatment system may only be considered if
infiltration, harvest and use, and evapotranspiration (ET) cannot be
feasibly implemented for the full design capture volume. In this case,
infiltration, harvest and use, and ET practices must be implemented to
the greatest extent feasible and biotreatment may be provided for the
remaining design capture volume.
Calculate LID
DCV for Project.
Simple Method per TGD III.1.1.
ܦܥܸ =ܥ ×݀ ×ܣ
ܥ = (0.75 × ݅݉ + 0.15) = 0.75 × 0.77 + 0.15 = 0.73
݀ = 0.70 ݅݊.
ܣ = 14,470 ݏݍ .݂ݐ.
ܦܥܸ =0.73 x 0.70 ݅݊.x 14,470 ݏ.݂ .x ൬ 1 ݂ݐ.
12 ݅݊.൰ = 616 ݂ܿ
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Worksheet B: Simple Design Capture Volume Sizing Method
Step 1: Determine the design capture storm depth used for calculating volume
1 Enter design capture storm depth from Figure III.1, d (inches) d=0.70 inches
2 Enter the effect of provided HSCs, dHSC (inches)
(Worksheet A)dHSC=-inches
3 Calculate the remainder of the design capture storm depth,
dremainder (inches)(Line 1 – Line 2)dremainder=0.70 inches
Step 2: Calculate the DCV
1 Enter Project area tributary to BMP (s), A (acres) A=0.332 acres
2 Enter Project Imperviousness, imp (unitless) imp=0.77
3 Calculate runoff coefficient, C= (0.75 x imp) + 0.15 C=0.73
4 Calculate runoff volume, Vdesign= (C x dremainder x A x 43560 x
(1/12))Vdesign=616 cu-ft
Step 3: Design BMPs to ensure full retention of the DCV
Step 3a: Determine design infiltration rate
1 Enter measured infiltration rate, Kmeasured (in/hr)
(Appendix VII)Kmeasured=In/hr
2 Enter combined safety factor from Worksheet H, Sfinal (unitless) Sfinal=
3 Calculate design infiltration rate, Kdesign = Kmeasured / Sfinal Kdesign=In/hr
Step 3b: Determine minimum BMP footprint
4 Enter drawdown time, T (max 48 hours) T=Hours
5 Calculate max retention depth that can be drawn down within the
drawdown time (feet), Dmax = Kdesign x T x (1/12)Dmax=feet
6 Calculate minimum area required for BMP (sq-ft), Amin = Vdesign/
dmax
Amin=sq-ft
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IV.2. SITE DESIGN AND DRAINAGE PLAN
Overview
The ultimate plan of development for the proposed project is shown on the WQMP Site Plan in
Section VI of this report. The project Precise Grading Plan shows the proposed grading, site
improvements, and retaining walls necessary for construction of a single-family residence.
Site Design Practices
The project incorporates Site Design practices as follows:
x Preserve Existing Drainage Patterns and Time of Concentration – The ultimate
points of discharge are the same for the pre- and post-project conditions. Time of
concentration will be similar, since pre-and post-project flow path lengths will be
similar.
Drainage Management Areas (DMAs)
There is one (1) Drainage Management Area (DMA) for this commercial development. The
following LID BMP will be used to meet the calculated Design Volume for the DMA:
-Bioretention with Underdrain (Biotreatment BMP)
DM
A
Area (sq.
ft.)
%
Impervious BMP Type Sizing
1 14,470 0.77 BIO-1: Bioretention w/
Underdrain SWQDV
See discussion for the selected BMP in Section IV.3.
See the WQMP Site Plan provided in Section VI of this report for DMA location and characteristics.
The GIS coordinates for all BMPs are nearly identical at: 33.6219, -117.9237.
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IV.3 BMP SELECTION AND PROJECT CONFORMANCE ANALYSIS
IV.3.1 Hydrologic Source Controls
The Hydrologic Source Controls to be used for this project are indicated in the table below.
Implementation of said controls is discussed in the text that follows.
Name Included?
Localized on-lot infiltration
Impervious area dispersion (e.g. roof top disconnection)
Street trees (canopy interception)
Residential rain barrels (not actively managed)
Green roofs/Brown roofs
Blue roofs
Impervious area reduction (e.g. permeable pavers, site design)
Other:
Hydrologic Source Controls have not been used due to space constraints, including landscape area
size and proximity to structure foundations.
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IV.3.2 Infiltration BMPs
Infiltration BMPs to be used for this project are indicated in the table below. Implementation of said
controls is discussed in the text that follows.
Name Included?
Bioretention without underdrains
Rain gardens
Porous landscaping
Infiltration planters
Retention swales
Infiltration trenches
Infiltration basins
Drywells
Subsurface infiltration galleries
French drains
Permeable asphalt
Permeable concrete
Permeable concrete pavers
Other:
It is believed that infiltration will not be feasible for this project due to the Type “D” site soils.
Further analysis will be done when the soils report becomes available.
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Table 2.7: Infiltration BMP Feasibility Worksheet
Infeasibility Criteria Yes No
1
Would Infiltration BMPs pose significant risk for
groundwater related concerns? Refer to Appendix VII
(Worksheet I) for guidance on groundwater-related
infiltration feasibility criteria.
X
Provide basis:
Infiltration BMPs will not pose a significant risk to local groundwater. Groundwater in the vicinity of
the project site is not used for drinking water. Pretreatment devices will mitigate entry of trash,
sediment, and oil & grease into proposed infiltration BMPs.
2
Would Infiltration BMPs pose significant risk of
increasing risk of geotechnical hazards that cannot be
mitigated to an acceptable level? (Yes if the answer to
any of the following questions is yes, as established by a
geotechnical expert):
x The BMP can only be located less than 50 feet away
from slopes steeper than 15 percent
x The BMP can only be located less than eight feet from
building foundations or an alternative setback.
x A study prepared by a geotechnical professional or an
available watershed study substantiates that
stormwater infiltration would potentially result in
significantly increased risks of geotechnical hazards
that cannot be mitigated to an acceptable level.
X
Provide basis:
3 Would infiltration of the DCV from drainage area violate
downstream water rights?X
Provide basis:
There are no downstream water right holders since site drainage is conveyed via the city storm drain
system directly to receiving waters (Lower Newport Bay).
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Table 2.7: Infiltration BMP Feasibility Worksheet (continued)
Partial Infeasibility Criteria Yes No
4
Is proposed infiltration facility located on HSG D soils or the
site geotechnical investigation identifies presence of soil
characteristics which support categorization as D soils?
X
Provide basis:
Proposed facility is located on HSG-A soils per OCHM Soil Maps.
5
Is measured infiltration rate below proposed facility
less than 0.3 inches per hour? This calculation shall be
based on the methods described in Appendix VII.
X
Provide basis:
Infiltration rate is presumed to be greater than 0.3 inches per hour based on site’s HSG.
6
Would reduction of over predeveloped conditions cause
impairments to downstream beneficial uses, such as
change of seasonality of ephemeral washes or
increased discharge of contaminated groundwater to
surface waters?
X
Provide citation to applicable study and summarize findings relative to the amount of infiltration
that is permissible:
No downstream beneficial uses such as ephemeral washes or groundwater sources of drinking
water are located downstream of the subject property.
7
Would an increase in infiltration over predeveloped
conditions cause impairments to downstream beneficial
uses, such as change of seasonality of ephemeral
washes or increased discharge of contaminated
groundwater to surface waters?
X
Provide citation to applicable study and summarize findings relative to the amount of infiltration
that is permissible:
No downstream beneficial uses such as ephemeral washes or groundwater sources of drinking
water are located downstream of the subject property.
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Table 2.7: Infiltration BMP Feasibility Worksheet (continued)
Infiltration Screening Results (check box corresponding to result):
8
Is there substantial evidence that infiltration from the
project would result in a significant increase in I&I to the
sanitary sewer that cannot be sufficiently mitigated? (See
Appendix XVII)
Provide narrative discussion and supporting evidence:
No evidence of I&I has been provided by the local sewer
agency (City of Newport Beach).
No
9
If any answer from row 1-3 is yes: infiltration of any volume
is not feasible within the DMA or equivalent.
Provide basis:
10
If any answer from row 4-8 is yes, infiltration is
permissible but is not presumed to be feasible for the
entire DCV. Criteria for designing biotreatment BMPs to
achieve the maximum feasible infiltration and ET shall
apply.
Provide basis:
11
If all answers to rows 1 through 10 are no, infiltration of the
full DCV is potentially feasible, BMPs must be designed to
infiltrate the full DCV to the maximum extent practicable.
X
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IV.3.3 Evapotranspiration, Rainwater Harvesting BMPs
Evapotranspiration and/or Rainwater Harvesting BMPs to be used for this project are indicated in
the table below. Implementation of said controls is discussed in the text that follows.
Name Included?
All HSCs; See Section IV.3.1
Surface-based infiltration BMPs
Other vegetated BMPs
Above-ground cisterns and basins
Underground detention
Other:
The project site does not have an irrigation demand large enough to justify partial capture for
irrigation demand. See Worksheet J from Section X of the TGD on the following page.
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Worksheet J: Summary of Harvested Water Demand and Feasibility
1 What demands for harvested water exist in the tributary area (check all that apply):
2 Toilet and urinal flushing Ƒ
3 Landscape irrigation Ƒ
4 Other:_______________________________________________________Ƒ
5 What is the design capture storm depth? (Figure III.1) d .70 inches
6 What is the project size?A 0.332 ac
7 What is the acreage of impervious area?IA 0.256 ac
For projects with multiple types of demand (toilet flushing, irrigation demand, and/or other demand)
8 What is the minimum use required for partial capture? (Table
X.6)gpd
9 What is the project estimated wet season total daily use
(Section X.2)?gpd
10 Is partial capture potentially feasible? (Line 9 > Line 8?)
For projects with only toilet flushing demand
11 What is the minimum TUTIA for partial capture? (Table X.7)
12 What is the project estimated TUTIA?
13 Is partial capture potentially feasible? (Line 12 > Line 11?)
For projects with only irrigation demand
14 What is the minimum irrigation area required based on
conservation landscape design? (Table X.8)0.84 x 0.256 = 0.215 ac
15 What is the proposed project irrigated area? (multiply
conservation landscaping by 1; multiply active turf by 2)0.076 ac
16 Is partial capture potentially feasible? (Line 15 > Line 14?)No
Provide supporting assumptions and citations for controlling demand calculation:
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IV.3.4 Biofiltration BMPs
Biofiltration BMPs to be used for this project are indicated in the table below. Implementation of said
controls is discussed in the text that follows.
Name Included?
Bioretention with underdrains
Stormwater planter boxes with underdrains
Proprietary vegetated biotreatment systems
Other:
DMA 1 utilizes a Biotreatment BMP as LID treatment for this project. DMA-1 includes the entire
project.
The proposed bioretention w/ underdrain systems features: a 3” mulch layer underlain by 24”
thick section of soil media (with an infiltration rate of 2.5”/hr. (min.)) and a 12” thick section of
gravel. Above the media surface is a ponding depth of 12 inches, with inlets provided at the design
ponding depth to provide collection for runoff volumes exceeding the capacity of the system. A 6”
diameter, perforated underdrain pipe is provided near the base of the gravel layer for collection of
storm water passing through the system. The required volume storage determined using
Worksheet C (see Attachment B), with the results summarized below:
DMA-1: 202 cu. ft. (205 sq. ft. surface area w/ 12” ponding depth)
The BMP Fact Sheet for BIO-1: Bioretention with Underdrain is also provided in Attachment B.
See the WQMP Site Plan in Section VI for DMA drainage areas, BMP locations, and BMP detail.
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DMA-1: Bioretention w/ Underdrain (BIO-1)
Worksheet C: Capture Efficiency Method for Volume-Based, Constant Drawdown BMPs
Step 1: Determine the design capture storm depth used for calculating volume
1 Enter design capture storm depth from Figure III.1, d (inches)d=0.70 inches
2 Enter calculated drawdown time of the proposed BMP based
on equation provided in applicable BMP Fact Sheet, T (hours)T=4.8 hours
3 Using Figure III.2, determine the "fraction of design capture
storm depth" at which the BMP drawdown time (T) line
achieves 80% capture efficiency, X1
X1=0.34
4 Enter the effect depth of provided HSCs upstream, dHSC
(inches) (Worksheet A)dHSC=0 inches
5 Enter capture efficiency corresponding to dHSC, Y2
(Worksheet A)Y2=0 %
6
Using Figure III.2, determine the fraction of "design capture
storm depth" at which the drawdown time (T) achieves the
equivalent of the upstream capture efficiency(Y2), X2
X2=0
7 Calculate the fraction of design volume that must be provided
by BMP, fraction = X1 -X2
fraction=0.34
8 Calculate the resultant design capture storm depth (inches),
dfraction= fraction × d dfraction=0.238 inches
9
SOC Only: When using this method for biofiltration sizing,
check that the resulting volume in ponding plus pore spaces is
at least 0.75× the remaining DCV (after accounting for
upstream HSC/retention BMPs).(See Worksheet SOC-1)
N/A
Step 2: Calculate the DCV
1 Enter Project area tributary to BMP (s), A (acres) A=0.332 acres
2 Enter Project Imperviousness, imp (unitless) imp=0.77
3 Calculate runoff coefficient, C= (0.75 x imp) + 0.15 C=0.73
4
Calculate runoff volume, Vdesign= (C x drfraction x A x 43560 x
(1/12))Vdesign=202 cu-ft
Supporting Calculations
Describe system:
Enclosed Planter Box w/ 12” ponding depth, 3” mulch layer, 24” of top soil/planting mix, over pea gravel w/
a 6” diameter underdrain pipe. Bioretention Area per WQMP Site Plan in Section VI = 205 sq. ft.
A = Vdesign / Ponding Depth (dp) Æ 202 cu. ft. / 1 ft. = 202 sq. ft. ……OK
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Worksheet C: Capture Efficiency Method for Volume-Based, Constant Drawdown BMPs
Provide drawdown time calculations per applicable BMP Fact Sheet:
DD = (dp / KMEDIA) * 12 in./ft. Æ DD = (1 / 2.5) * 12 Æ DD = 4.8 hours
where: KMEDIA = 2.5 in./hr (per TGD Appendix XIV-53, Capture Efficiency Method for Biotreatment)
Graphical Operations
Provide supporting graphical operations. See Example III.6.
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IV.3.5 Hydromodification Control BMPs
Hydromodification controls are not required for this project because Hydrologic Conditions of
Concern do not exist for this project. See Section II.3.
Hydromodification Control BMPs
BMP Name BMP Description
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IV.3.6 Non-structural Source Control BMPs
Non-structural source control BMPs used for this project are described below.
Non-Structural Source Control BMPs
Identifier Name
Check One
If not applicable, state brief
reasonIncludedNot
Applicable
N1 Education for Property Owners,
Tenants and Occupants
N2 Activity Restrictions
N3 Common Area Landscape
Management No common areas present.
N4 BMP Maintenance
N5 Title 22 CCR Compliance (How
development will comply) No hazardous waste.
N6 Local Industrial Permit Compliance Not an industrial project.
N7 Spill Contingency Plan No hazardous waste.
N8 Underground Storage Tank
Compliance No USTs on site.
N9 Hazardous Materials Disclosure
Compliance No hazardous waste.
N10 Uniform Fire Code Implementation No hazardous waste.
N11 Common Area Litter Control No common areas present.
N12 Employee Training No employees.
N13 Housekeeping of Loading Docks No loading docks exposed to
storm water proposed.
N14 Common Area Catch Basin Inspection No common areas present.
N15 Street Sweeping Private Streets and
Parking Lots No exterior parking areas.
N16 Retail Gasoline Outlets None exist.
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IV.3.7 Structural Source Control BMPs
Structural source control BMPs used for this project are described below.
Structural Source Control BMPs
Identifier Name
Check One
If not applicable, state brief
reasonIncludedNot
Applicable
S1 Provide storm drain system stenciling
and signage Drain inlets on private property.
S2
Design and construct outdoor material
storage areas to reduce pollution
introduction
No outdoor MSAs.
S3
Design and construct trash and waste
storage areas to reduce pollution
introduction
S4
Use efficient irrigation systems &
landscape design, water conservation,
smart controllers, and source control
S5 Protect slopes and channels and
provide energy dissipation No proposed slopes or channels.
Incorporate requirements applicable to
individual priority project categories
(from SDRWQCB NPDES Permit)
S6 Dock areas None exist.
S7 Maintenance bays None exist.
S8 Vehicle wash areas None exist.
S9 Outdoor processing areas None exist.
S10 Equipment wash areas None exist.
S11 Fueling areas None exist.
S12 Hillside landscaping None exist.
S13 Wash water control for food
preparation areas None exist.
S14 Community car wash racks None exist.
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MR. GARY JABARA Section IV
Page 27
IV.4 ALTERNATIVE COMPLIANCE PLAN (IF APPLICABLE)
IV.4.1 Request of Waiver of LID BMPs
IV.4.2 Water Quality Credits
Description of Proposed Project
Project Types that Qualify for Water Quality Credits (Select all that apply):
Redevelopment
projects that reduce the
overall impervious
footprint of the project
site.
Brownfield redevelopment, meaning
redevelopment, expansion, or reuse of real
property which may be complicated by the
presence or potential presence of hazardous
substances, pollutants or contaminants, and
which have the potential to contribute to
adverse ground or surface WQ if not
redeveloped.
Higher density development projects which
include two distinct categories (credits can only
be taken for one category): those with more than
seven units per acre of development (lower credit
allowance); vertical density developments, for
example, those with a Floor to Area Ratio (FAR)
of 2 or those having more than 18 units per acre
(greater credit allowance).
Mixed use development, such as a
combination of residential, commercial,
industrial, office, institutional, or other land
uses which incorporate design principles
that can demonstrate environmental benefits
that would not be realized through single
use projects (e.g. reduced vehicle trip traffic
with the potential to reduce sources of water
or air pollution).
Transit-oriented developments, such as a mixed
use residential or commercial area designed to
maximize access to public transportation; similar to
above criterion, but where the development center is
within one half mile of a mass transit center (e.g. bus,
rail, light rail or commuter train station). Such
projects would not be able to take credit for both
categories, but may have greater credit assigned
Redevelopment
projects in an established
historic district, historic
preservation area, or
similar significant city
area including core City
Center areas (to be
defined through
mapping).
Developments with
dedication of undeveloped
portions to parks,
preservation areas and
other pervious uses.
Developments
in a city center
area.
Developments
in historic
districts or
historic
preservation
areas.
Live-work developments, a
variety of developments designed
to support residential and
vocational needs together –
similar to criteria to mixed use
development; would not be able
to take credit for both categories.
In-fill projects, the
conversion of empty lots
and other underused
spaces into more
beneficially used spaces,
such as residential or
commercial areas.
Calculation of
Water Quality
Credits (if
applicable)
This project does not qualify for the water quality credits listed above.
IV.4.3 Treatment Control BMPs
Since the project is fully treated using Infiltration BMPs, utilization of Treatment Control BMPs is not
required.
Treatment Control BMPs
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MR. GARY JABARA Section IV
Page 28
BMP Name BMP Description
TRT-2 Media Filter
Kristar Flogard Catch Basin Filter Insert (Model FGP-
24F)
The Filter removes Hydrocarbons, oil, grease, trash
and sediment and debris. See Spec Sheet on
Attachment F
Use and Location
The indoor parking garage will not be directed to the Bioretention planter box for treatment. Because
it is indoor, there is no runoff tributary to this area, however, drain inlets in the garage can collect
contaminated water from cars that enter the garage. Therefore, the drains in the garage will be fitted
with treatment filters. Locations of proposed treatment control BMPs are shown on the BMP Exhibit
in Section VI.
Performance
The provided Filter insert performance (See Filter Insert Spec page on Attachment D) provides
treatment for the pollutants of concern. Specifically:
Trash and Debris removal
Hydrocarbons (Oil, Grease, Pesticide) 80% Removal
Sediment (TSS) 86% Removal
Grease, Pesticide) 80% Removal
Sediment Removal
Pathogen/microorganism removal (Coliforms, Enterococcus)
Sizing
See Worksheet D (Capture Efficiency Method for Flow-Based BMPs) calculations on the following
page. The design flow rate of 0.015 cfs is fully treated by the proposed Kristar FloGard Catch Basin
Filter insert FGP-12F which has a treatment capacity of 0.25 cfs (See Spec sheet in Attachment C).
173
Water Quality Management Plan (WQMP)
215 Riverside Avenue, Newport Beach, California
MR. GARY JABARA Section IV
Page 29
Worksheet D: Capture Efficiency Method for Flow-Based BMPs
Step 1: Determine the design capture storm depth used for calculating volume
1 Enter the time of concentration, Tc (min) (See Appendix IV.2)Tc=5
2
Using Figure III.4, determine the design intensity at which the
estimated time of concentration (Tc) achieves 80% capture
efficiency, I1
I1= 0.26 in/hr
3 Enter the effect depth of provided HSCs upstream, dHSC (inches)
(Worksheet A)dHSC=-inches
4 Enter capture efficiency corresponding to dHSC, Y2
(Worksheet A)Y2=-%
5
Using Figure III.4, determine the design intensity at which the
time of concentration (Tc) achieves the upstream capture
efficiency(Y2), I2
I2=-
6 Determine the design intensity that must be provided by BMP,
Idesign= I1-I2
Idesign=0.26
Step 2: Calculate the design flowrate
1 Enter Project area tributary to BMP (s), A (acres) A=0.128 acres
2 Enter Project Imperviousness, imp (unitless) imp=0.64
3 Calculate runoff coefficient, C= (0.75 x imp) + 0.15 C=0.63
4
Calculate design flowrate, Qdesign= (C x idesign x A)Qdesign=0.021 cfs
Supporting Calculations
The design flowrate for the lot that is using the filter insert is 0.021
The provided Kristar FloGard filter Insert (FGP-12F) provides 0.25 cfs of filtered flow……OK
Provide time of concentration assumptions:
Tc of 5-minutes is the minimum allowed and provides the most conservative design.
174
Water Quality Management Plan (WQMP)
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MR. GARY JABARA Section IV
Page 30
175
Water Quality Management Plan (WQMP)
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MR. GARY JABARA Section IV
Page 31
IV.4.4 Regional/Sub-Regional LID BMPs
This project will not participate in Regional/Sub-Regional LID BMPs since the full DCV can be
treated using LID BMPs.
Regional/Sub-Regional LID BMPs
IV.4.5 Other Alternative Compliance Measures
This project will not make use of other alternative compliance measures since the full DCV can be
treated using LID BMPs.
176
Water Quality Management Plan (WQMP)
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MR. GARY JABARA Section VI
Page 32
Section V Inspection/Maintenance
Responsibility for BMPs
An Operation and Maintenance Plan is included in Attachment C.
177
Water Quality Management Plan (WQMP)
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MR. GARY JABARA Section VI
Page 33
Section VI Site Plan and Drainage Plan
VI.1 SITE PLAN AND DRAINAGE PLAN
VI.2 ELECTRONIC DATA SUBMITTAL
178
Water Quality Management Plan (WQMP)
215 Riverside Avenue, Newport Beach, California
MR. GARY JABARA Section VI
Page 34
Figure VI.1. Vicinity Map.
Source: maps.google.com
SITE
179
Water Quality Management Plan (WQMP)
215 Riverside Avenue, Newport Beach, California
MR. GARY JABARA Section VI
Page 35
Figure VI.2. Aerial Image.
Source: maps.google.com
SITE
180
181
Water Quality Management Plan (WQMP)
215 Riverside Avenue, Newport Beach, California
MR. GARY JABARA Section VII
Page 36
Section VII Educational Materials
Refer to the Orange County Stormwater Program (ocwatersheds.com) for a library of materials
available. For the copy submitted to the Permittee, only attach the educational materials specifically
applicable to the project. Other materials specific to the project may be included as well and must
be attached.
Education Materials
Residential Material
(http://www.ocwatersheds.com)
Check If
Applicable
Business Material
(http://www.ocwatersheds.com)
Check If
Applicable
The Ocean Begins at Your Front Door Tips for the Automotive Industry
Tips for Car Wash Fund-raisers Tips for Using Concrete and Mortar
Tips for the Home Mechanic Tips for the Food Service Industry
Homeowners Guide for Sustainable
Water Use Proper Maintenance Practices for Your
Business
Household Tips Compliance BMPs for Mobile
Businesses
Proper Disposal of Household
Hazardous Waste
Other Material
Check If
Attached Recycle at Your Local Used Oil
Collection Center (North County)
Recycle at Your Local Used Oil
Collection Center (Central County)
Recycle at Your Local Used Oil
Collection Center (South County)
Tips for Maintaining a Septic Tank
System
Responsible Pest Control
Sewer Spill
Tips for the Home Improvement Projects
Tips for Horse Care
Tips for Landscaping and Gardening
Tips for Pet Care
Tips for Projects Using Paint
182
ATTACHMENT A
183
TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-50 December 20, 2013
XIV.5. Biotreatment BMP Fact Sheets (BIO)
Conceptual criteria for biotreatment BMP selection, design, and maintenance are contained in
Appendix XII. These criteria are generally applicable to the design of biotreatment BMPs in
Orange County and BMP-specific guidance is provided in the following fact sheets. 24
Note: Biotreatment BMPs shall be designed to provide the maximum feasible infiltration and ET based on
criteria contained in Appendix XI.2.
BIO-1: Bioretention with Underdrains
Bioretention stormwater treatment facilities are landscaped
shallow depressions that capture and filter stormwater
runoff. These facilities function as a soil and plant-based
filtration device that removes pollutants through a variety of
physical, biological, and chemical treatment processes. The
facilities normally consist of a ponding area, mulch layer,
planting soils, and plants. As stormwater passes down
through the planting soil, pollutants are filtered, adsorbed,
biodegraded, and sequestered by the soil and plants.
Bioretention with an underdrain are utilized for areas with
low permeability native soils or steep slopes where the
underdrain system that routes the treated runoff to the storm
drain system rather than depending entirely on infiltration.
Bioretention must be designed without an underdrain in areas of
high soil permeability.
Feasibility Screening Considerations
x If there are no hazards associated with infiltration (such as groundwater concerns, contaminant
plumes or geotechnical concerns), bioinfiltration facilities, which achieve partial infiltration,
should be used to maximize infiltration.
24 Not all BMPs presented in this section are considered “biofiltration BMPs” under the South Orange County
Permit Area. Biofiltration BMPs are vegetated treat-and-release BMPs that filter stormwater through amended soil
media that is biologically active, support plant growth, and also promote infiltration and/or evapotranspiration. For
projects in South Orange County, the total volume of storage in surface ponding and pores spaces is required to be at
least 75% of the remaining DCV that the biofiltration BMP is designed to address. This prevents significant down-
sizing of BMPs which otherwise may be possible via routing calculations. Biotreatment BMPs that do not meet this
definition are not considered to be LID BMPs, but may be used as treatment control or pre-treatment BMPs. See
Section III.7 and Worksheet SOC-1 for guidance.
Also known as:
¾Rain gardens with
underdrains
¾Vegetated media filter
¾Downspout planter boxes
Bioretention
Source: Geosyntec Consultants
184
TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-51 December 20, 2013
x Bioretention with underdrain facilities should be lined if contaminant plumes or geotechnical
concerns exist. If high groundwater is the reason for infiltration infeasibility, bioretention facilities
with underdrains do not need to be lined.
Opportunity Criteria
x Land use may include commercial, residential, mixed use, institutional, and subdivisions.
Bioretention may also be applied in parking lot islands, cul-de-sacs, traffic circles, road shoulders,
road medians, and next to buildings in planter boxes.
x Drainage area is ≤ 5 acres.
x Area is available for infiltration.
x Site must have adequate relief between land surface and the stormwater conveyance system to
permit vertical percolation through the soil media and collection and conveyance in underdrain to
stormwater conveyance system.
OC-Specific Design Criteria and Considerations
Ƒ Ponding depth should not exceed 18 inches; fencing may be required if ponding depth is
greater than 6 inches to mitigate drowning.
Ƒ The minimum soil depth is 2 feet (3 feet is preferred).
Ƒ The maximum drawdown time of the bioretention ponding area is 48 hours. The maximum
drawdown time of the planting media and gravel drainage layer is 96 hours, if applicable.
Ƒ
Infiltration pathways may need to be restricted due to the close proximity of roads, foundations,
or other infrastructure. A geomembrane liner, or other equivalent water proofing, may be placed
along the vertical walls to reduce lateral flows. This liner should have a minimum thickness of
30 mils.
Ƒ If infiltration in bioretention location is hazardous due to groundwater or geotechnical concerns,
a geomembrane liner must be installed at the base of the bioretention facility. This liner should
have a minimum thickness of 30 mils.
Ƒ The planting media placed in the cell shall be designed per the recommendations contained in
MISC-1: Planting/Storage Media
Ƒ Plant materials should be tolerant of summer drought, ponding fluctuations, and saturated soil
conditions for 48 hours; native place species and/or hardy cultivars that are not invasive and do
not require chemical inputs should be used to the maximum extent feasible
Ƒ The bioretention area should be covered with 2-4 inches (average 3 inches) or mulch at the
start and an additional placement of 1-2 inches of mulch should be added annually.
Ƒ Underdrain should be sized with a 6 inch minimum diameter and have a 0.5% minimum slope.
Underdrain should be slotted polyvinyl chloride (PVC) pipe; underdrain pipe should be more
than 5 feet from tree locations (if space allows).
Ƒ A gravel blanket or bedding is required for the underdrain pipe(s). At least 0.5 feet of washed
aggregate must be placed below, to the top, and to the sides of the underdrain pipe(s).
Ƒ An overflow device is required at the top of the bioretention area ponding depth.
Ƒ Dispersed flow or energy dissipation (i.e. splash rocks) for piped inlets should be provided at
basin inlet to prevent erosion.
Ƒ Ponding area side slopes shall be no steeper than 3:1 (H:V) unless designed as a planter box
BMP with appropriate consideration for trip and fall hazards.
185
TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-52 December 20, 2013
Simple Sizing Method for Bioretention with Underdrain
If the Simple Design Capture Volume Sizing Method described in Appendix III.3.1 is used to size a
bioretention with underdrain facility, the user selects the basin depth and then determines the appropriate
surface area to capture the DCV. The sizing steps are as follows:
Step 1: Determine DCV
Calculate the DCV using the Simple Design Capture Volume Sizing Method described in Appendix
III.3.1.
Step 2: Verify that the Ponding Depth will Draw Down within 48 Hours
The ponding area drawdown time can be calculated using the following equation:
DDP = (dP / KMEDIA) × 12 in/ft
Where:
DDP = time to drain ponded water, hours
dP = depth of ponding above bioretention area, ft (not to exceed 1.5 ft)
KMEDIA = media design infiltration rate, in/hr (equivalent to the media hydraulic conductivity with a
factor of safety of 2; KMEDIA of 2.5 in/hr should be used unless other information is available)
If the drawdown time exceeds 48 hours, adjust ponding depth and/or media infiltration rate until 48
hour drawdown time is achieved.
Step 3: Determine the Depth of Water Filtered During Design Capture Storm
The depth of water filtered during the design capture storm can be estimated as the amount routed
through the media during the storm, or the ponding depth, whichever is smaller.
dFILTERED = Minimum [ ((KMEDIA × TROUTING)/12), dP]
Where:
dFILTERED = depth of water that may be considered to be filtered during the design storm event, ft
KMEDIA = media design infiltration rate, in/hr (equivalent to the media hydraulic conductivity with a
factor of safety of 2; KMEDIA of 2.5 in/hr should be used unless other information is available)
TROUTING = storm duration that may be assumed for routing calculations; this should be assumed to be
no greater than 3 hours. If the designer desires to account for further routing effects, the Capture
Efficiency Method for Volume-Based, Constant Drawdown BMPs (See Appendix III.3.2) should be
used.
dP = depth of ponding above bioretention area, ft (not to exceed 1.5 ft)
Step 4: Determine the Facility Surface Area
A = DCV/ (dP + dFILTERED)
Where:
A = required area of bioretention facility, sq-ft
DCV = design capture volume, cu-ft
dFILTERED = depth of water that may be considered to be filtered during the design storm event, ft
dP = depth of ponding above bioretention area, ft (not to exceed 1.5 ft)
In South Orange County, the provided ponding plus pore volume must be checked to demonstrate that it
is greater than 0.75 of the remaining DCV that this BMP is designed to address. See Section III.7 and
Worksheet SOC-1.
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TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-53 December 20, 2013
Capture Efficiency Method for Bioretention with Underdrains
If the bioretention geometry has already been defined and the user wishes to account more explicitly for
routing, the user can determine the required footprint area using the Capture Efficiency Method for
Volume-Based, Constant Drawdown BMPs (See Appendix III.3.2) to determine the fraction of the DCV
that must be provided to manage 80 percent of average annual runoff volume. This method accounts for
drawdown time different than 48 hours.
Step 1: Determine the drawdown time associated with the selected basin geometry
DD = (dp / KDESIGN) × 12 in/ft
Where:
DD = time to completely drain infiltration basin ponding depth, hours
dP = bioretention ponding depth, ft (should be less than or equal to 1.5 ft)
KDESIGN = design media infiltration rate, in/hr (assume 2.5 inches per hour unless otherwise proposed)
If drawdown is less than 3 hours, the drawdown time should be rounded to 3 hours or the Capture
Efficiency Method for Flow-based BMPs (See Appendix III.3.3)shall be used.
Step 2: Determine the Required Adjusted DCV for this Drawdown Time
Use the Capture Efficiency Method for Volume-Based, Constant Drawdown BMPs (See Appendix III.3.2)
to calculate the fraction of the DCV the basin must hold to achieve 80 percent capture of average annual
stormwater runoff volume based on the basin drawdown time calculated above.
Step 3: Determine the Basin Infiltrating Area Needed
The required infiltrating area (i.e. the surface area of the top of the media layer) can be calculated using
the following equation:
A = Design Volume / dp
Where:
A = required infiltrating area, sq-ft (measured at the media surface)
Design Volume = fraction of DCV, adjusted for drawdown, cu-ft (see Step 2)
dp = ponding depth of water stored in bioretention area, ft (from Step 1)
This does not include the side slopes, access roads, etc. which would increase bioretention footprint. If
the area required is greater than the selected basin area, adjust surface area or adjust ponding depth and
recalculate required area until the required area is achieved.
In South Orange County, the provided ponding plus pore volume must be checked to demonstrate that it
is greater than 0.75 of the remaining DCV that this BMP is designed to address. See Section III.7 and
Worksheet SOC-1.
Configuration for Use in a Treatment Train
x Bioretention areas may be preceeded in a treatment train by HSCs in the drainage area, which
would reduce the required design volume of the bioretention cell. For example, bioretention could
be used to manage overflow from a cistern.
x Bioretention areas can be used to provide pretreatment for underground infiltration systems.
Additional References for Design Guidance
x CASQA BMP Handbook for New and Redevelopment:
http://www.cabmphandbooks.com/Documents/Development/TC-32.pdf
187
TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-54 December 20, 2013
x SMC LID Manual (pp 68):
http://www.lowimpactdevelopment.org/guest75/pub/All_Projects/SoCal_LID_Manual/SoCalL
ID_Manual_FINAL_040910.pdf
x Los Angeles County Stormwater BMP Design and Maintenance Manual, Chapter 5:
http://dpw.lacounty.gov/DES/design_manuals/StormwaterBMPDesignandMaintenance.pdf
x San Diego County LID Handbook Appendix 4 (Factsheet 7):
http://www.sdcounty.ca.gov/dplu/docs/LID-Appendices.pdf
Los Angeles Unified School District (LAUSD) Stormwater Technical Manual, Chapter 4:
http://www.laschools.org/employee/design/fs-studies-and-
reports/download/white_paper_report_material/Storm_Water_Technical_Manual_2009-opt-
red.pdf?version_id=76975850
x County of Los Angeles Low Impact Development Standards Manual, Chapter 5:
http://dpw.lacounty.gov/wmd/LA_County_LID_Manual.pdf
188
TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-78 December 20, 2013
PRE-2: Catch Basin Insert Fact Sheet
Catch basin inserts are manufactured filters or fabric placed in
a drop inlet to remove sediment and debris and may include
sorbent media (oil absorbent pouches) to remove floating oils
and grease. Catch basin inserts are selected specifically based
upon the orientation of the inlet and the expected sediment
and debris loading.
Opportunity Criteria
x Catch basin inserts come in such a wide range of
configurations that it is practically impossible to generalize
the expected performance. Inserts should mainly be used for
catching coarse sediments and floatable trash and are
effective as pretreatment in combination with other types of
structures that are recognized as water quality treatment
BMPs. Trash and large objects can greatly reduce the effectiveness of catch basin inserts with
respect to sediment and hydrocarbon capture.
x Catch basin inserts are applicable for drainage area that include parking lots, vehicle
maintenance areas, and roadways with catch basins that discharge directly to a receiving water.
OC-Specific Design Criteria and Considerations
Ƒ Frequent maintenance and the use of screens and grates to keep trash out may decrease the
likelihood of clogging and prevent obstruction and bypass of incoming flows.
Ƒ Consult proprietors for specific criteria concerning the design of catch basin inserts.
Ƒ Catch basin inserts can be installed with specific media for pollutants of concern.
Proprietary Manufacturer / Supplier Websites
x Table XIV.2 is a list of manufacturers that provide catch basin inserts. The inclusion of these
manufacturers does not represent an endorse of their products. Other devices and manufacturers
may be acceptable for pretreatment.
Table XIV.2: Proprietary Catch Basin Insert Manufacturer Websites
Device Manufacturer Website
AbTech Industries Ultra-
Urban Filter™AbTech Industries www.abtechindustries.com
Aquashield Aqua-
Guardian™ Catch Basin
Insert
Aquashield™ Inc.www.aquashieldinc.com
Bowhead StreamGuard™Bowhead Environmental & Safety,
Inc.http://www.shopbowhead.com/
Contech® Triton Catch
Basin Filter™
Contech® Construction Products
Inc.www.contech-cpi.com
Contech® Triton Curb Inlet
Filter™
Contech® Construction Products
Inc.www.contech-cpi.com
Also known as:
¾Drop Inlet Filters
¾Catch Basin Filters
Catch Basin Insert (DrainPac™)
189
TECHNICAL GUIDANCE DOCUMENT APPENDICES
XIV-79 December 20, 2013
Table XIV.2: Proprietary Catch Basin Insert Manufacturer Websites
Device Manufacturer Website
Contech®Triton Basin
StormFilter™
Contech® Construction Products
Inc.www.contech-cpi.com
Contech® Curb Inlet
StormFilter™
Contech® Construction Products
Inc.www.contech-cpi.com
Curb Inlet Basket SunTree Technologies Inc.www.suntreetech.com
Curb Inlet Grates EcoSense International™http://www.ecosenseint.com/
DrainPacTM United Storm Water, Inc.http://www.unitedstormwater.com
Grate Inlet Skimmer Box SunTree Technologies Inc.www.suntreetech.com
KriStar FloGard+PLUS®KriStar Enterprises Inc.www.kristar.com
KriStar FloGard®KriStar Enterprises Inc. www.kristar.com
KriStar FloGard LoPro
Matrix Filter®KriStar Enterprises Inc.www.kristar.com
Nyloplast Storm-PURE
Catch Basin Insert
Nyloplast Engineered Surface
Drainage Products www.nyloplast-us.com
StormBasin®FabCo® Industries Inc. www.fabco-industries.com
Stormdrain Solutions
Interceptor FabCo® Industries Inc. www.fabco-industries.com
Stormdrain Solutions
Inceptor®Stormdrain Solutions www.stormdrains.com
StormPod®FabCo® Industries Inc. www.fabco-industries.com
Stormwater Filtration
Systems EcoSense International™http://www.ecosenseint.com/
Ultra-CurbGuard®UltraTech International Inc.www.spillcontainment.com
Ultra-DrainGuard®UltraTech International Inc.www.spillcontainment.com
Ultra-GrateGuard®UltraTech International Inc.www.spillcontainment.com
Ultra-GutterGuard®UltraTech International Inc.www.spillcontainment.com
Ultra-InletGuard®UltraTech International Inc.www.spillcontainment.com
190
ATTACHMENT B
191
192
193
194
195
196
197
198
199
ATTACHMENT C
200
Operations and Maintenance (O&M) Plan
for
215 RIVERSIDE AVENUE
Por. Lot D, Tract No. 919
APN 049-103-17
Newport Beach, California
Overall Responsible Party/Owner:
CANNERY PARTNERS LLC
660 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Contact: Gary Jabara (949) 999-4545
201
Exhibit B, Operations and Maintenance PlanBMP Applicable?Yes/NoBMP Name and BMP Implementation, Maintenance and Inspection ProceduresImplementation, Maintenance, and Inspection Frequency and SchedulePerson or Entity with Operation & Maintenance ResponsibilityNon-Structural Source Control BMPsYesN1. Education for Property Owners, Tenants and OccupantsPractical information materials will be provided to the first residents/occupants/tenants on general housekeeping practices that contribute to the protection of stormwater quality. These materials will be initially developed and provided to first residents/occupants/tenants by the developer.Owner shall keep up to date with BMP requirements, and be responsible for educating maintenance personnel; As required.OwnerNoN2. Activity RestrictionsYesN3. Common Area Landscape ManagementIdentify on-going landscape maintenance requirements that are consistent with those in the County Water Conservation Resolution (or city equivalent) that include fertilizer and/or pesticide usage consistent with Management Guidelines for Use of Fertilizers (DAMP Section 5.5). Statements regarding the specific applicable guidelines must be included in the project WQMP.Keep garden areas clean, planted, and weed free. Weekly.Owner or contracted maintenance personnelYesN4. BMP MaintenanceThe project WQMP shall identify responsibility for implementation of each non-structural BMP and scheduled cleaning and/or maintenance of all structural BMP facilities.Visual Inspection, perform more thorough inspection if ponding water sits for more than 48 hours. Twice yearly and immediately following each storm event.Owner or contracted maintenance personnelNoN5. Title 22 CCR Compliance NoN6. Local Water Quality Permit Compliance NoN7. Spill Contingency PlanNoN8. Underground Storage Tank ComplianceNoN9. Hazardous Materials Disclosure ComplianceNoN10. Uniform Fire Code Implementation202
Exhibit B, Operations and Maintenance PlanPage 2 of 7BMP Applicable?Yes/NoBMP Name and BMP Implementation, Maintenance and Inspection ProceduresImplementation, Maintenance, and Inspection Frequency and SchedulePerson or Entity with Operation & Maintenance ResponsibilityYesN11. Common Area Litter ControlThe owner may contract with their landscape maintenance firms to provide this service during regularly scheduled maintenance, which should consist of litter patrol, emptying of trash receptacles in common areas, and noting trash disposal violations by tenants/homeowners or businesses and reporting the violations to the owner/POA for investigation.Keep site clean of litter. Weekly.Owner or contracted maintenance personnelNoN12. Employee TrainingNoN13. Housekeeping of Loading DocksYesN14. Common Area Catch Basin InspectionThe owner is required to have at least 80 percent of drainage facilities inspected, cleaned and maintained on an annual basis with 100 percent of the facilities included in a two year period. Cleaning should take place in the late summer/early fall prior to the start of the rainy season. Drainage facilities include catch basins (storm drain inlets), detention basins, retention basins, sediment basins, open drainage channels and lift stations. Records should be kept to document the annual maintenance.Inspect drain inlets and catch basins. Keep inlet covers clean. Weekly.Owner or contracted maintenance personnelNoN15. Street Sweeping Private Streets and Parking LotsStructural Source Control BMPsYesS1. Provide Storm Drain System Stenciling and SignageProvide stenciling or labeling of all storm drain inlets and catch basins, constructed or modified, within the project area with prohibitive language and/or graphical icons, which discourage illegal dumping.Ensure that all catch basins are stencilled “No Dumping – Drains To Ocean.”Owner or contracted maintenance personnelNoS2. Design Outdoor Hazardous Material Storage Areas to Reduce Pollutant Introduction203
Exhibit B, Operations and Maintenance PlanPage 3 of 7BMP Applicable?Yes/NoBMP Name and BMP Implementation, Maintenance and Inspection ProceduresImplementation, Maintenance, and Inspection Frequency and SchedulePerson or Entity with Operation & Maintenance ResponsibilityYesS3. Design Trash Enclosures to Reduce Pollutant IntroductionDesign trash storage areas to reduce pollutant introduction. All trash container areas shall be paved with an impervious surface, designed not to allow run-on, screened or walled to prevent off-site transport of trash, and be provided with a roof or awning to prevent direct precipitation.Keep trash storage areas clean and orderly. Weekly.Owner or contracted maintenance personnelYesS4. Use Efficient Irrigation Systems and Landscape DesignProjects shall design the timing and application methods of irrigation water to minimize the runoff of excessive irrigation water into the municipal storm drain system. Additionally, permittee shall: Employ rain shutoff devices, design irrigation systems to each landscape areas specific requirements, use flow reducers, group plants with similar water requirements together.Ensure that sprinklers are working properly and minimize unnecessary irrigation. Weekly.Owner or contracted maintenance personnelNoS5. Protect Slopes and Channels NoS6. Loading Dock AreasNoS7. Maintenance Bays and DocksNoS8. Vehicle Wash AreasNoS9. Outdoor Processing AreasNoS10. Equipment Wash AreasNoS11. Fueling AreasNoS12. Site Design and Landscape PlanningNoS13. Wash Water Controls for Food Preparation AreasNoS14. Community Car Wash Racks204
Exhibit B, Operations and Maintenance PlanPage 4 of 7BMP Name and BMP Implementation, Maintenance and Inspection ProceduresImplementation, Maintenance, and Inspection Frequency and SchedulePerson or Entity with Operation & Maintenance ResponsibilityLow Impact Development BMPsFilter Insert (Treatment). TRT-2xFilter Insert Replacement/Rotation xRemove Sediment and debris. xOnce a year. Refer to Manufacturer’s O&M plan on pages 36-39 for details. xThree times per year and after storm events. Refer to Manufacturer’s O&M plan on pages 36-39 for details. Owner via maintenance contractorsBio-retention Planter (Biotreatment). BIO-1xVisual inspection for debris, standing water.xGravel/media replacement.xFilter fabric ReplacementxTwice yearly and after each storm event.xEvery 10 years as required.xOnce a year as required.Owner via maintenance contractors205
Exhibit B, Operations and Maintenance Plan Attachments
206
207
Required Permits
This section must list any permits required for the implementation, operation, and maintenance
of the BMPs. Possible examples are:
x Permits for connection to sanitary sewer
x Permits from California Department of Fish and Game
x Encroachment permits
If no permits are required, a statement to that effect should be made.
Forms to Record BMP Implementation, Maintenance, and Inspection
The form that will be used to record implementation, maintenance, and inspection of BMPs is
attached.
Recordkeeping
All records must be maintained for at least five (5) years and must be made available for review
upon request.
208
RECORD OF BMP IMPLEMENTATION, MAINTENANCE, AND INSPECTION
Today’s Date:
Name of Person Performing Activity
(Printed):
Signature:
BMP Name
(As Shown in O&M Plan)
Brief Description of Implementation, Maintenance, and
Inspection Activity Performed
209
Exhibit D
Water and Wastewater Generation
Memorandum
210
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FeetEvery reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use.Disclaimer:2/8/20190200100215RiversideAvenue236
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Line FACILITY DESCRIPTION PROPOSED SGF IN GPD BOD SS
No.(mg/l) (mg/l)
1 Acupuncture Office/Clinic 120/1,000 Gr SF 265 275
2 Arcade - Video Games 50/1,000 Gr SF 265 275
3 Auditorium (a) 3/Seat 265 275
4 Auto Parking (a) 20/1,000 Gr SF 265 275
5 Auto Mfg., Service Maintenance (b) Actual 1,260 1,165
6 Bakery 280/1,000 Gr SF 3,020 2,540
7 Bank: Headquarters 120/1,000 Gr SF 265 275
8 Bank: Branch 50/1,000 Gr SF 265 275
9 Ballroom 350/1,000 Gr SF 265 275
10 Banquet Room 350/1,000 Gr SF 265 275
11 Bar: Cocktail, Fixed Set (a) (c)15/Seat 265 275
12 Bar: Juice, No Baking Facilities (d)720/1,000 Gr SF 265 275
13 Bar: Juice, with Baking Facilities (d)720/1,000 Gr SF 265 275
14 Bar: Cocktail, Public Table Area (c)720/1,000 Gr SF 265 275
15 Barber Shop 120/1,000 Gr SF 265 275
16 Barber Shop (s)15/Stall 265 275
17 Beauty Parlor 425/1,000 Gr SF 265 275
18 Beauty Parlor (s)50/Stall 265 275
19 Bldg. Const/Field Office (e)120/Office 265 275
20 Bowling Alley: Alley, Lanes & Lobby Area 50/1,000 Gr SF 265 275
21 Bowling Facility: Arcade/Bar/Restaurant/Dancing Total Average Average
22 Cafeteria: Fixed Seat 30/Seat 1,000 600
23 Car Wash: Automatic (b)Actual 265 285
24 Car Wash: Coin Operated Bays (b)Actual 265 285
25 Car Wash: Hand Wash (b)Actual 265 285
26 Car Wash: Counter & Sales Area 50/1,000 Gr SF 265 275
27 Chapel: Fixed Seat 3/Seat 265 275
28 Chiropractic Office 120/1,000 Gr SF 265 275
29 Church: Fixed Seat 3/Seat 265 275
30 Church School: Day Care/Elem 9/Occupant 265 275
31 Church School: One Day Use (s)9/Occupant 265 275
32 Cocktail Lounge: Fixed Seat (f)15/Seat 265 275
33 Coffee House: No Food Preparation (d)720/1,000 Gr SF 265 275
34 Coffee House: Pastry Baking Only (d)720/1,000 Gr SF 265 275
35 Coffee House: Serves Prepared Food (d)25/Seat 1,000 600
36 Cold Storage: No Sales (g)30/1,000 Gr SF 265 275
37 Cold Storage: Retail Sales (g)50/1,000 Gr SF 265 275
38 Comfort Station: Public 80/Fixture 265 275
39 Commercial Use (a)50/1,000 Gr SF 265 275
40 Community Center 3/Occupant 265 275
41 Conference Room of Office Bldg.120/1,000 Gr SF 265 275
42 Counseling Center (h)120/1,000 Gr SF 265 275
43 Credit Union 120/1,000 Gr SF 265 275
44 Dairy Average Flow 1,510 325
45 Dairy: Barn Average Flow 1,510 325
46 Dairy: Retail Area 50/1,000 Gr SF 265 275
47 Dancing Area (of Bars or Nightclub) (c)350/1,000 Gr SF 265 275
48 Dance Studio (i)50/1,000 Gr SF 265 275
49 Dental Office/Clinic 250/1,000 Gr SF 265 275
SEWARAGE FACILITIES CHARGE
SEWAGE GENERATION FACTOR FOR
RESIDENTIAL AND COMMERCIAL CATEGORIES
EFFECTIVE DATE: April 6, 2012
Page 1
238
Line FACILITY DESCRIPTION PROPOSED SGF IN GPD BOD SS
No.(mg/l) (mg/l)
SEWARAGE FACILITIES CHARGE
SEWAGE GENERATION FACTOR FOR
RESIDENTIAL AND COMMERCIAL CATEGORIES
EFFECTIVE DATE: April 6, 2012
50 Doughnut Shop 280/1,000 Gr SF 1,000 600
51 Drug Rehabilitation Center (h)120/1,000 Gr SF 265 275
52 Equipment Booth 30/1,000 Gr SF 265 275
53 Film Processing (Retail)50/1,000 Gr SF 265 275
54 Film Processing (Industrial)Actual 265 275
55 Food Processing Plant (b)Actual 2,210 1,450
56 Gas Station: Self Service 100/W.C.265 275
57 Gas Station: Four Bays Max 430/Station 1,950 1,175
58 Golf Course Facility: Lobby/Office/Restaurant/Bar Total 700 450
59 Gymnasium: Basketball, Volleyball (k)200/1,000 Gr SF 265 275
60 Hanger (Aircraft)50/1,000 Gr SF 265 275
61 Health Club/Spa (k)650/1,000 Gr SF 265 275
62 Homeless Shelter 70/Bed 265 275
63 Hospital 70/Bed 820 1,230
64 Hospital: Convalescent (a)70/Bed 265 275
65 Hospital: Animal 300/1,000 Gr SF 820 1,230
66 Hospital: Psychiatric 70/Bed 265 275
67 Hospital: Surgical (a)360/Bed 265 275
68 Hotel: Use Guest Rooms Only (a)120/Room 265 275
69 Jail 85/Inmate 265 275
70 Kennel: Dog Kennel/Open 100/1,000 Gr SF 265 275
71 Laboratory: Commercial 250/1,000 Gr SF 265 275
72 Laboratory: Industrial Actual 265 275
73 Laundromat 185/Machine 550 370
74 Library: Public Area 50/1,000 Gr SF 265 275
75 Library: Stacks, Storage 30/1,000 Gr SF 265 275
76 Lobby of Retail Area (l)50/1,000 Gr SF 265 275
77 Lodge Hall 3/Seat 265 275
78 Lounge (l)50/1,000 Gr SF 265 275
79 Machine Shop (No Industrial Waste Permit Required) (b) 50/1,000 Gr SF 265 275
80 Machine Shop (Industrial)Actual 265 275
81 Mfg or Industrial Facility (No IW Permit Required) (b) 50/1,000 Gr SF 265 275
82 Mfg or Industrial Facility (Industrial)Actual 265 275
83 Massage Parlor 250/1,000 Gr SF 265 275
84 Medical Building (a)225/1,000 Gr SF 265 275
85 Medical: Lab in Hospital 250/1,000 Gr SF 340 275
86 Medical Office/Clinic 250/1,000 Gr SF 265 275
87 Mini-Mall (No Food)50/1,000 Gr SF 265 275
88 Mortuary: Chapel 3/Seat 265 275
89 Mortuary: Embalming 300/1,000 Gr SF 800 800
90 Mortuary: Living Area 50/1,000 Gr SF 265 275
91 Motel: Use Guest Room Only (a)120/Room 265 275
92 Museum: All Area 30/1,000 Gr SF 265 275
93 Museum: Office Over 15%120/1,000 Gr SF 265 275
94 Museum: Sales Area 50/1,000 Gr SF 265 275
95 Office Building (a)120/1,000 Gr SF 265 275
96 Office Bldg w/Cooling Tower 170/1,000 Gr SF 265 275
97 Plating Plant (No IW Permit Required) (b)50/1,000 Gr SF 265 275
98 Plating Plant (Industrial) (b)Actual 265 275
Page 2
239
Line FACILITY DESCRIPTION PROPOSED SGF IN GPD BOD SS
No.(mg/l) (mg/l)
SEWARAGE FACILITIES CHARGE
SEWAGE GENERATION FACTOR FOR
RESIDENTIAL AND COMMERCIAL CATEGORIES
EFFECTIVE DATE: April 6, 2012
99 Pool Hall (No Alcohol)50/1,000 Gr SF 265 275
100 Post Office: Full Service (m)120/1,000 Gr SF 265 275
101 Post Office: Private Mail Box Rental 50/1,000 Gr SF 265 275
102 Prisons 175/Inmate 265 275
103 Residential Dorm: College or Residential (n)70/Student 265 275
104 Residential: Boarding House 70/Bed 265 275
105 Residential: Apt - Bachelor (a)75/DU 265 275
106 Residential: Apt - 1 BDR (a) (o)110/DU 265 275
107 Residential: Apt - 2 BDR (a) (o)150/DU 265 275
108 Residential: Apt - 3 BDR (a) (o)190/DU 265 275
109 Residential: Apt - >3 BDR (o)40/BDR 265 275
110 Residential: Condo - 1 BDR (o)110/DU 265 275
111 Residential: Condo - 2 BDR (o)150/DU 265 275
112 Residential: Condo - 3 BDR (o)190/DU 265 275
113 Residential: Condo - >3 BDR (o)40/BDR 265 275
114 Residential: Duplex/Towhhouse - 1 BR (o)110/DU 265 275
115 Residential: Duplex/Towhhouse - 2 BR (o)150/DU 265 275
116 Residential: Duplex/Towhhouse - 3 BR (o)190/DU 265 275
117 Residential: Duplex/Towhhouse - >3 BR (o)40/BDR 265 275
118 Residential: SFD - 1 BR (o)140/DU 265 275
119 Residential: SFD - 2 BR (o)185/DU 265 275
120 Residential: SFD - 3 BR (o)230/DU 265 275
121 Residential: SFD - >3 BR (o)45/BDR 265 275
122 Residential Room Addition: Bedroom (o)45/BDR 265 275
123 Residential Room Conversion: Into a Bedroom (o)45/BDR 265 275
124 Residential: Mobile Home Same as Apt 265 275
125 Residential: Artist (2/3 Area)75/DU 265 275
126 Residential: Artist Residence 75/DU 265 275
127 Residential: Guest Home w/ Kitchen Same as Apt 265 275
128 Residential: Guest Home w/o Kitchen 45/BDR 265 275
129 Rest Home 70/Bed 555 490
130 Restaurant: Drive-In 50/Stall 1000 600
131 Restaurant: Drive-In Seating Area 25/Seat 1000 600
132 Restaurant: Fast Food Indoor Seat 25/Seat 1000 600
133 Restaurant: Fast Food Outdoor Seat 25/Seat 1000 600
134 Restaurant: Full Service Indoor Seat (a)30/Seat 1000 600
135 Restaurant: Full Service Outdoor Seat 30/Seat 1000 600
136 Restaurant: Take Out 300/1,000 Gr SF 1000 600
137 Retail Area (greater than 100,000 SF)50/1,000 Gr SF 265 275
138 Retail Area (less than 100,000 SF)25/1,000 Gr SF 265 275
139 Rifle Range: Shooting Stalls/Lanes, Lobby 50/1,000 Gr SF 265 275
140 Rifle Range Facility: Bar/Restaurant Total Average Average
141 School: Arts/Dancing/Music (i)11/Student 265 275
142 School: Elementary/Jr. High (a) (p)9/Student 265 275
143 School: High School (a) (p)11/Student 265 275
144 School: Kindergarten (s)9/Student 265 275
145 School: Martial Arts (i)9/Student 265 275
146 School: Nursery-Day Care (p)9/Child 265 275
147 School: Special Class (p)9/Student 265 275
Page 3
240
Line FACILITY DESCRIPTION PROPOSED SGF IN GPD BOD SS
No.(mg/l) (mg/l)
SEWARAGE FACILITIES CHARGE
SEWAGE GENERATION FACTOR FOR
RESIDENTIAL AND COMMERCIAL CATEGORIES
EFFECTIVE DATE: April 6, 2012
148 School: Trade or Vocational (p)11/Student 265 275
149 School: Training (p)11/Student 265 275
150 School: University/College (a) (p)16/Student 265 275
151 School: Dormitory (a) (n)70/Student 265 275
152 School: Stadium, Pavilion 3/Seat 265 275
153 Spa/Jacuzzi (Commercial with backwash filters)Total 265 275
154 Storage: Building/Warehouse 30/1,000 Gr SF 265 275
155 Storage: Self-Storage Bldg 30/1,000 Gr SF 265 275
156 Store: Ice Cream/Yogurt 25/1,000 Gr SF 1000 600
157 Store: Retail (l)50/1,000 Gr SF 265 275
158 Studio: Film/TV - Audience Viewing Room (q)3/Seat 265 275
159 Studio: Film/TV - Regular Use Indoor Filming Area (q) 50/1,000 Gr SF 265 275
160 Studio: Film/TV - Ind. Use Film Process/Machine Shop (q) 50/1,000 Gr SF 265 275
161 Studio: Film/TV - Ind. Use Film Process/Machine Shop Total 265 275
162 Studio: Recording 50/1,000 Gr SF 265 275
163 Swimming Pool (Commercial with backwash filters) Total 265 275
164 Tanning Salon: Independent, No Shower (r)50/1,000 Gr SF 265 275
165 Tanning Salon: Within a Health Spa/Club 640/1,000 Gr SF 265 275
166 Theater: Drive-In 6/Vehicle 265 275
167 Theater: Live/Music/Opera 3/Seat 265 275
168 Theater: Cinema 3/Seat 265 275
169 Tract: Commercial/Residential 1/Acre 265 275
170 Trailer: Const/Field Office (e)120/Office 265 275
171 Veterinary Clinic/Office 250/1,000 Gr SF 265 275
172 Warehouse 30/1,000 Gr SF 265 275
173 Warehouse w/ Office Total 265 275
174 Waste Dump: Recreational 400/Station 2650 2750
175 Wine Tasting Room: Kitchen 200/1,000 Gr SF 265 275
176 Wine Tasting Room: All Area 50/1,000 Gr SF 265 275
Page 4
241
1
FOOTNOTES TO SGFs TABLE
(a) SFC rates for these facilities have historically been published in SFC ordinances.
(b) Bureau of Sanitation will determine the flow based on the information given by
applicants for facilities with industrial discharge. The flow will be redetermined by
Sanitation inspectors annually based on water bills. If the actual flow exceeds the
previous year’s determined flow, the applicants will be charged for the difference.
If this type of facility is exempt from an industrial discharge permit, only the domestic
SFC will be assessed.
(c) The SFC for a bar shall be the sum of SFC's for all areas based on the SGF for each area
(ex. fixed seat area, public table area, dancing area).
(d) The determination of SGF for juice bars and coffee houses previously depended on the
extent of the actual food preparation in house, not by the types of food provided. Food is
assumed to be prepared offsite and as such, the three prior subcategories have been
consolidated.
1) SGF for no pastry baking and no food preparation is 720 gpd/1000 gr.sq.ft.
2) SGF for pastry baking only and no food preparation is 720 gpd/1000 gr.sq.ft.
3) SGF for complete food preparation is 25 gpd/seat, the same as a fast food
restaurant.
Juice bars and coffee houses do not serve any alcoholic drinks.
(e) Building construction includes trailers, field offices, etc.
(f) Cocktail lounge usually does not serve prepared food.
(g) Cold storage facilities are categorized as follow:
1) No Sales - the cold storage facility is used only for temporary storage, no selling
is involved. For example, cold storage facilities at the harbor temporarily store
seafood until it is distributed.
2) Cold storage w/ retail sales - the primary function of this facility is to support the
wholesale/retail operation of a store, such as supermarket freezers, refrigerators,
etc.
(h) Counseling centers include marriage counseling centers, alcohol/drug rehabilitation
/dependency centers, nutrition centers, diet centers, etc.
242
2
(i) Part-time basis schools or dance studios should be charged as retail area - 50 gpd /1000
gr.sq.ft. Full-time basis schools should be charged by the number of students.
(j) Domestic waste is estimated at 50 gpd/1,000 square feet in addition to total process flow.
(k) Bureau of Sanitation will determine if an industrial permit is needed for health spas. The
first year flow is based on 650 gpd/1000 gr.sq.ft., and the Sanitation inspectors will
redetermine the flow annually based on water bill from the previous year. The applicants
are responsible for paying the difference of SFC.
Health club/spa includes lobby area, workout floors, aerobic rooms, swimming pools,
Jacuzzi, sauna, locker rooms, showers, and restrooms. If a health club/spa has a
gymnasium type of facility, this portion should be charged separately at the gymnasium
SFC rate.
Gymnasiums include basketball court, volleyball court, and any other large open space
with low occupancy density.
(l) Lobby of retail includes lounges, holding rooms, or waiting area, etc.
(m) Full service post offices include U.S. Postal Service, UPS, Federal Express, DHL, and
etc.
(n) The SGF for a college dormitory based on student capacity also includes the SGF for the
dormitory cafeterias.
(o) A bedroom is defined as an enclosed subdivision with 50 sq.ft. or more floor area in a
residential building commonly used for sleeping purpose, and is partitioned off to form a
habitable room.
(p) The SGF for schools based on the student capacity, covers the following facilities:
1) classrooms and lecture halls
2) professors' offices
3) administration offices
4) laboratories for classes or research
5) libraries
6) bookstores
7) student/professor lounges
8) school cafeterias
9) warehouses and storage areas
10) auditoriums
11) gymnasiums
12) restrooms
243
3
It does not include water used by schools for swimming pools. When a school files an
application for addition of any of the foregoing facilities, the student population will be
reassessed and the total gpd for the new facility will be based on the number of students
increased since the last SFC was paid or when the City implemented the SFC for the first
time. The SFC for any school facility (ex. stadium, dormitory, etc.) not listed above, will
be based on the designated SGF for that category.
(q) The SFC for a TV or motion picture studio shall be the sum of SFC's for different
facilities in the studio, based on the SGF for each facility. A studio may include one or
more of the following facilities: audience viewing room, filming room, film processing,
storage area, etc.
(r) No independent tanning salons with shower were encountered during 1996 survey.
(s) Alternative basis of charge for City’s consideration. The prior square footage basis is
also presented should the City decide to continue charging on that basis.
244
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245
T/SLAB=16.50B=BB==B000=SAAAAA=BB0000NOTE TO CONTRACTOR:CIVIL ENGINEER OF RECORD APPROVAL REQUIRED PRIOR TOBACKFILL OF ALL DRAIN PIPES, CONTACT CIVIL ENGINEER TOFIELD VERIFY LOCATION, SIZE, AND DEPTH OF DRAIN SYSTEM.SCOPE OF WORKCITY OF NEWPORT BEACH NOTESEASEMENT NOTES:DEVELOPMENT STATISTICSJOB NO.SHEET139 Avenida NavarroSan Clemente, CA 92672949.492.8586www.toalengineering.comCIVIL ENGINEERINGLAND SURVEYINGSTORMWATER QUALITYOFPLANS PREPARED BY:PREPARED FOR:ADAM L. TOALR.C.E. 59275DATE:APVD.DATER E V I S I O N SBYDATEAPPD.:DATE:DWG. NO.H. SCALE:V. SCALE:SURVEY DATE:CHD.:DRN.:1"=8'N/A7/20/186/13/19A.M.S.A.M.SA.L.T.1813113C-1LAIDLAW SCHULTZ ACHITECTSPOR. LOT D, TRACT 919215 RIVERSIDE AVENUE, NEWPORT BEACH, CAPRELIMINARY GRADING PLANPLANTER WALL STRUCTURAL DESIGN BY OTHERSUNDER SEPARATE PLAN & PERMITDETAILBIORETENTION PLANTER BOX246
Attachment No. PC 6
Project Plans and View Simulations
247
INTENTIONALLY BLANK PAGE248
Project Address: Assessor's Parcel Number: Owner:
Project Description:
Project Contact:
Lot Area: Buitdob!e Area: Allowable Gross Floor Area: HOO of Structure: Group B: Office Space Main Level Second Leve! Third Leve! lolol Group S-2: Perking Garage Fi"stlevel Secoodlevel
5 Project Data
215R!verslde Ave. Newport Beach, CA 92663 049 10317 215Rlvers!de Drlve,LLC 660 Newport Center Drive, Suite 200 Newport Beach, CA 92660 Phone: 949.999..4545 New 2-S tary Commercial Building with attached 2-Level Parking Structure: m i:r:�;�7���o�����d' Scott Laidlaw -Lcidlaw Schultz Arctitects 3111 Second Ave. Corona De! Ma", CA 92625 Phone: 949.645.9982 FAX; 949.645.9554 16,290 s.l. 15,126 s.l. Commerdol: 0.5 )( Bulldob!e Area= 7,563 s.t.
N= 1A86 s,1. 1.344s.f. Os.I. 2,830s.l. 8,556s.f. 8221 s.f.
Exisrng to be Demot"shed 2.910 s.l. 2.573 s.f. ��!:I:
(EJSiteRetoiningWol -----------------,
2 A.301
3 A.400
2 A.400
to Remain
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Main Level Floor Plan
TC:16.25' FS :15.7S'
Zonlnglnforrnation: Occupancy Type:
Construction: Numb ero!Storl� Trash Area; Existing Parking: Proposed Por1c1ng: Frst Level (22) Second Leve! (25) Total (47)
Pervious Area: lmpervious Areo: Landscaping: Fire Sprinklers:
CG (Commerdol General) Group B w/ separated GroupS-2 Type V-B
45 net s.f. l4StandardStolls 1 Handicap Standard 14 Tandem -,-19 33
4,440 s.l. 11,650 s.l. 4,440 s.l. 2.833s.f. 13.-457 s,I. 2,833s.f.
' 12
Whole Bulldlng Sprlnlder System
tobo instaDedperNFPA 13
A.100 A.1000 A.101 A.102. A.103 A.104 A.'Jro
A.300-301 A.400 A.I A.2-3
C-03 Sheet 1 of 1
Site Plan Roofing Spedficotion BuHding Height Urrit Diagam Demo Plan Sight Line Diagram Fire Access Diagram Main Level Porldng and Commercial Floor Plan Upper Level Parking and Commercial Floor Plan Bevalians Sect!ons AreaColculafions Vi= Preiminary Gtoding Pion ConstrucfionPollution Prevention Plan Topographic So.xvey Sheet 1 of 1 Prenmlnay Landscape aoa
4 Sheet Index
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�=it=���Jffi�t�;t��Wn�\t�fc��i;"ei�iw.1 Fre flow shal be determined as per City of Newport Beach Guideline B.01. CFC Soclion507.3 Fre hydronds shall be provided and located within 400 feet of all portions of the bu�ding. CFC Section 507.5. 1
�y=:��t�Yd!ii�'b� be roquffld as per CFC Section 510.1 and the City
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2 Conditions of Approval
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LS0rchitects
LAIDLAW SCHULTZ
215 Riverside Ave
Newport Beach, CA 92663
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2.7.2019
3.29.2019
6.14.2019
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T/SLAB=16.50NOTE TO CONTRACTOR:CIVIL ENGINEER OF RECORD APPROVAL REQUIRED PRIOR TOBACKFILL OF ALL DRAIN PIPES, CONTACT CIVIL ENGINEER TOFIELD VERIFY LOCATION, SIZE, AND DEPTH OF DRAIN SYSTEM.SCOPE OF WORKCITY OF NEWPORT BEACH NOTESEASEMENT NOTES:DEVELOPMENT STATISTICSJOB NO. SHEET13 9 A v e n i d a N a v a r r oS a n C l e m e n t e , C A 9 2 6 7 29 4 9 . 4 9 2 . 8 5 8 6w w w . t o a l e n g i n e e r i n g . c o mC I V I L E N G I N E E R I N GL A N D S U R V E Y I N GSTORMWATER QUALITYOFPLANS PREPARED BY:PREPARED FOR:ADAM L. TOALR.C.E. 59275DATE:APVD. DATER E V I S I O N S BY DATEAPPD.:DATE:DWG. NO.H. SCALE:V. SCALE:SURVEY DATE:CHD.:DRN.:STATE OF CALI
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ED LAND SURVEYORVIKTOR P.MEUMNo. 86821"=8'N/A7/20/186/13/19A.M.S.A.M.SA.L.T.18131 1 3C-1LAIDLAW SCHULTZ ACHITECTS
POR. LOT D, TRACT 919
215 RIVERSIDE AVENUE, NEWPORT BEACH, CA
PRELIMINARY GRADING PLANPLANTER WALL STRUCTURAL DESIGN BY OTHERSUNDER SEPARATE PLAN & PERMITDETAILBIORETENTION PLANTER BOXPA2019-023Attachment No. PC 6 - Project Plans and View Simulations264
T/SLAB=16.50NOTE TO CONTRACTOR:CIVIL ENGINEER OF RECORD APPROVAL REQUIRED PRIOR TOBACKFILL OF ALL DRAIN PIPES, CONTACT CIVIL ENGINEER TOFIELD VERIFY LOCATION, SIZE, AND DEPTH OF DRAIN SYSTEM.SCOPE OF WORKCITY OF NEWPORT BEACH NOTESEASEMENT NOTES:DEVELOPMENT STATISTICSJOB NO. SHEET1 3 9 A v e n i d a N a v a r r oS a n C l e m e n t e , C A 9 2 6 7 29 4 9 . 4 9 2 . 8 5 8 6w w w . t o a l e n g i n e e r i n g . c o mC I V I L E N G I N E E R I N GL A N D S U R V E Y I N GSTORMWATER QUALITYOFPLANS PREPARED BY:PREPARED FOR:ADAM L. TOALR.C.E. 59275DATE:APVD. DATER E V I S I O N S BY DATEAPPD.:DATE:DWG. NO.H. SCALE:V. SCALE:SURVEY DATE:CHD.:DRN.:STATE OF CALI
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ED LAND SURVEYORVIKTOR P.MEUMNo. 86821"=8'N/A7/20/186/13/19A.M.S.A.M.SA.L.T.18131 2 3C-2LAIDLAW SCHULTZ ACHITECTS
POR. LOT D, TRACT 919
215 RIVERSIDE AVENUE, NEWPORT BEACH, CA
PRELIMINARY GRADING PLAN -
UPPER LEVEL PA2019-023Attachment No. PC 6 - Project Plans and View Simulations265
T/SLAB=16.5012LEGENDNOTEYEAR-ROUND BMP REQUIREMENTSJOB NO. SHEET1 3 9 A v e n i d a N a v a r r oS a n C l e m e n t e , C A 9 2 6 7 29 4 9 . 4 9 2 . 8 5 8 6w w w . t o a l e n g i n e e r i n g . c o mC I V I L E N G I N E E R I N GL A N D S U R V E Y I N GSTORMWATER QUALITYOFPLANS PREPARED BY:PREPARED FOR:ADAM L. TOALR.C.E. 59275DATE:APVD. DATER E V I S I O N S BY DATEAPPD.:DATE:DWG. NO.H. SCALE:V. SCALE:SURVEY DATE:CHD.:DRN.:STATE OF CALI
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ED LAND SURVEYORVIKTOR P.MEUMNo. 86821"=8'N/A7/20/186/13/19A.M.S.A.M.SA.L.T.18131 3 3C-3LAIDLAW SCHULTZ ACHITECTS
POR. LOT D, TRACT 919
215 RIVERSIDE AVENUE, NEWPORT BEACH, CA
CONSTRUCTION POLLUTION
PREVENTION PLAN 1DETAILDETAILDETAILDETAILPA2019-023Attachment No. PC 6 - Project Plans and View Simulations266
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XXXXXRESERVEDPARKING FORSUITE 200RESERVEDPARKING FORSUITE 200RESERVEDPARKING FORSUITE 200RESERVEDPARKING FORSUITE 200RESERVEDPARKING FORSUITE 200RESERVEDPARKING FORSUITE 200PROPOSED
COMMERCIAL
BUILDING
EXISTING RETAINING
WALL TO REMAIN
EXISTING RETAINING
WALL TO BE REMOVED
PROPOSED NATIVE
SLOPE AREA
TO BLEND W/ EXISTING
PROPOSED 6' H.
SCREEN SHRUB
EXISTING PALM TREE
TO REMAIN
TRELLIS OVER PARKING STALLS
PER ARCHITECT'S PLANS
ENHANCED SHRUB
LANDSCAPE AREA
DRIVE ENTRY RAMP TO
LOWER PARKING LEVEL
DRIVE ENTRY RAMP TO
UPPER PARKING LEVEL
UPPER LEVEL BALCONY
EXISTING CITY SIDEWALK
TO REMAIN
EXISTING CITY OWNED
NATIVE SLOPE AREA
TO REMAIN
4'-5' H. NATIVE SHRUBS
TO MATCH EXISTING
CITY MAINTAINED
NATIVE SLOPE AREA
SHRUBS/ GROUNDCOVERS
ALL LANDSCAPE INSTALLATION SHALL BE PERMANENTLY MAINTAINED.
ALL LANDSCAPE AREAS SHALL RECEIVE AUTOMATIC IRRIGATION SYSTEM.
ALL LANDSCAPE PLANS AND INSTALLATIONS SHALL ADHERE TO CITY DESIGN
GUIDELINES, CODES AND REGULATIONS.
NOTES:
PLANT MATERIAL NOT LISTED MAY BE USED, SUBJECT TO APPROVAL BY THE CITY.
NATIVE SHRUB SLOPE AREA
ENHANCED SHRUB LANDSCAPE AREA
Artemesia californica California Sagebush
Prunus ilicifolia Holly Leafed Cherry
Eriogonum fasciculatom California Buchwheat
Rhamnus crocea Redberry
Salvia apiana White Sage
Rhus californica Coffeeberry
Lotus scoparius California Broom
Callistemon 'Bottle Pop Neon' Bottle Pop Neon Bottlebrush
Muhlenbergia capillaris Pink Muhly
Lavandula 'Meerlo'Meerlo Lavander
Sunshine ConebushLeucadendron 'Jester'
Salvia 'Hot Lips'Hot Lips Sage
Pennisetum a. 'Hameln'Dwarf Fountain Grass
Prunus c. 'Bright n Tight'Carolina Cherry Laurel
Azalea 'Red Bird'Red Bird Azalea
TREES
Symbol Botanical Name Common Name
Lagerstroemia 'Natchez'Crape Myrtle
TOTAL LANDSCAPE AREA: 4,411 SF
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215 RIVERSIDE AVE
NEWPORT BEACH, CA L-1
JUNE 13, 2019
CDPC PROJECT NO. 19002
1 OF 1
conceptual design & planning company
COSTA MESA ATASCADERO SAN JOSE
Corporate Office:
3195-C Airport Loop Drive
Studio One
Costa Mesa, CA 92626
T: 949.399.0870www.cdpcinc.comNOR
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HVICINITY MAP
0'8'16'4'24'
SCALE:1/8"=1'
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SITE
1(:3257%/9'2/'1(:3257%/9'5,9(56,'($9($92167
PA2019-023 Attachment No. PC 6 - Project Plans and View Simulations
268
From:Nova, Makana
To:Lee, Amanda
Cc:Ramirez, Gregg
Subject:FW: Project Fine No. PA2019-023 215 Riverside Ave
Date:Monday, August 19, 2019 8:56:56 AM
Attachments:image001.png
Hi Amanda,
Please refer to the following public comments received for Item No. 3 on this week’s Planning
Commission agenda.
MAKANA NOVA, AICP
Community Development Department
Associate Planner
mnova@newportbeachca.gov
949-644-3249
From: dgriffith@law1975.com [mailto:dgriffith@law1975.com]
Sent: August 16, 2019 11:42 AM
To: Nova, Makana <MNova@newportbeachca.gov>
Subject: FW: Project Fine No. PA2019-023 215 Riverside Ave
Dear Ms. Nova,
As we will be unable to attend next week’s public hearing, I am submitting this email to you on my
behalf and that of my wife, Diane, as our being the owners and nearby residents of 223 Ocean View
Ave., Newport Beach, CA, and ask that it be accepted for consideration by the Planning Commission.
Having previously met with the project architect and reviewed renderings of the proposed
redevelopment we fully support this project. It is our hope that the vision, capital and
entrepreneurial zeal that has led to the redevelopment of the adjoining “Garden” property, and
which is evident in the pending project, will spark a broader redevelopment of the remainder of the
Mariner’s Mile locale. The project proposed for 215 Riverside will greatly enhance this area and
should be approved.
The only concern, a very practical one, which we would wish to note that applies to all nearby
redevelopment is assuring that reasonable steps will be taken by code enforcement to assure that
limits on the hours of construction are strictly adhered to. Similarly, and ignorant of what may be
existing code and regulatory limitations, the hours for commercial trash pick-up must be limited so
that the rumbling of the trucks and the loud booming from the dumping of the metallic trash
containers does not begin before 7:00 am. Currently the same routinely occurs as early as 6:00 am
and during the redevelopment of the Garden property, construction debris was routinely and loudly
hauled away as early as 6:00 am.
Finally, while not related to the instant project, but which is an unavoidable consequence of the
commercial success of the Mariner’s Mile corridor, the streets of Ocean View Avenue and Tustin
Avenue (between Cliff and Avon Street) are currently choked with parked vehicles, primarily owned
by employees of the nearby businesses and to a lesser extent by patrons of charter services not
Planning Commission - August 22, 2019
Item No. 3a Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
wishing to make use of the nearby municipal pay lot. I am certain that no member of the
Commission or Council who resided upon either of those streets would long tolerate this abuse of
what is intended and should be only a residential parking area. While it is posted for 2 hour parking
during the day, most every evening as the restaurant workers arrive, these two streets become an
employee parking lot, with the associated noise when all of those employees return late in the
evening after work. Further, it makes it nearly impossible for homeowners to have parking space for
guests, particularly on weekends. Other communities have solved this problem by having embraced
and consistently enforced regulatory schemes limiting such areas for the parking of residents and
their guests. Please note that the current enforcement is less than consistent, all but non-existent
on weekends, and typically results in ticketing only of the cars of the occasional tradesman called to
make repairs during weekday daylight hours within the homes situated upon these two streets.
Again, we fully support the pending project and look forward to a broader and ongoing
enhancement of the Mariner’s Mile area, but note that the same will only result in more employees
looking for nearby parking. Another parking issue we would wish for you to be aware of arises from
the current use of the parking lot situated behind the 2700 W. Coast Highway property by chartered
commercial buses, which sit idling for hours waiting for the return of patrons enjoying the boat
charter services situated across the Coast Highway typically for sunset cruises. Depending upon the
event, the exhaust and noise from these busses continues late into the evening, particularly on
weekends. As such, wholly independent of the processing of the 215 Riverside Ave. project (which
we note will provide its own parking facilities), we urge the Commission to address and resolve the
foregoing parking problems in a sensible manner that will preserve and promote the value and
enjoyment of the adjoining residences.
We thank you for considering these comments and again urge you to approve the project as
conceived for the development of 215 Riverside.
Very truly yours,
Dwight and Diane Griffith
Law Offices of Dwight J. Griffith
180 Newport Center Drive, Ste. 220
Newport Beach, CA 92660
949-662-6556
dgriffith@law1975.com
Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used,
and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal
Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.This electronic transmission, and any documents attached hereto, (a) are
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this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is strictly prohibited.
Planning Commission - August 22, 2019
Item No. 3a Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
From:Jed Robinson
To:Planning Commissioners
Cc:Jurjis, Seimone; Nova, Makana; Campbell, Jim
Subject:August 22, 2019 Agenda Item no. 3
Date:Wednesday, August 21, 2019 11:28:19 AM
Newport Heights Improvement Association
P.O. Box 2823 Newport Beach, CA 92659
newportheightsassoc@gmail.com
City of Newport Beach
Newport Beach Planning Commission
100 Civic Center Drive
Newport Beach, CA 92660
planningcommissioners@newportbeachca.gov
August 21, 2019
Re: The Garden Office and Parking Structure (PA2019-023) @ 215 Riverside
Avenue
Dear Newport Beach Planning Commission,
The Newport Heights Improvement Association [NHIA] just learned about
agenda item no. 3 for this Thursday’s Planning Commission meeting regarding
the proposed development located at 215 Riverside Avenue, which is located
within the area NHIA represents. NHIA was never given notice of this proposed
development despite many attempts with the City of Newport Beach to change
and update the association’s contact information. Further, it is the understanding
of NHIA that multiple homeowners within 300 feet of the proposed development
did not receive notice of the hearing, despite assertions in the Planning
Commission Staff Report to the contrary. NHIA therefore requests that the
Planning Commission continue this matter until the next regularly scheduled
Planning Commission meeting on Thursday, September 5, 2019, so that NHIA,
owners, and residential occupants have time to review the applicant’s request for
this coastal development permit, conditional use permit, and modification permit.
We appreciate your consideration in this matter.
Sincerely,
Jed Robinson
President
Newport Heights Improvement Association
newportheightsassoc@gmail.com
cc: sjurjis@newportbeachca.gov
mnova@newportbeachca.gov
jcampbell@newportbeachca.gov
Planning Commission - August 22, 2019
Item No. 3b Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
Cliff Haven Community Association
PO Box 1332
Newport Beach, CA 92659
“ Protecting Our Community & Quality of Life Since 1954 “
August 22, 2019
Dear Planning Commissioners,
On behalf of the Cliff Haven Community Association, I am addressing the following
concerns with regards to the proposed Garden office and parking structure project
to be located at 215 Riverside Drive in the City of Newport Beach. We are
concerned about the impact of increased traffic on Cliff drive, and its impact on the
residents in Cliff Haven.
At this time, we are requesting a continuance to review both the office and parking
structure and the proposed roof-top restaurant and their cumulative impacts. The
parking structure is a catalyst to the restaurant. This is defined by CEQA as
“piecemealing” or “segmenting” a project. The project must be reviewed together
as both proposed activities are an integral part of the same project.
In order to maintain public integrity, we are asking for a continuance to allow the
community and those concerned residents to view the project in its entirety. Only
showing a portion of the project is referred to as “chopping-up” a project and could
be perceived as turning a “blind-eye” to a reasonable foreseeable impact of a
“whole” action.
The conditions of approval for the office and parking structure appear to be vague
and we do not support the project moving forward without more transparency with
regard to the proposed restaurant, valet parking, hours of operation, employee
parking, lighting and the impacts to the surrounding community.
In addition, there was an issue with the City’s notification process, as they did not
follow the appropriate protocol for noticing the Newport Heights Improvement
Association and they did not take into consideration the blank radius of both parks
along Cliff Drive. The resident at 2919 Cliff Drive has had their attorney send a
letter to the City that they were not noticed. The new owner of 2907 Cliff Drive was
not noted and according to realtor John Cain, Principal Broker of Pacific Sotheby’s
International Realty, this project was not disclosed in escrow to the new buyer. The
escrow closed on July 29, 2019. The owners have not moved into the property.
In closing, we are asking for a continuance and for the opportunity to review all
components of the project (the office Building, parking structure and the roof-top
restaurant) as a whole.
Sincerely,
Luke Dru –President
Cliff Haven Community Association
Planning Commission - August 22, 2019
Item No. 3c Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
Good day Mr. Chairman and members of the Planning Commission.
My name is Charles Klobe. I am a resident of Newport Heights and a board member of
the Newport Heights Improvement Association. Today I am speaking for the board.
Others here tonight will ask you to delay this project for more review. I am asking you to
deny it in its entirety. Here’s why.
Drawing your attention to the top of handwritten page 7, electronic 5 of the staff report
which says: “The project is intended to support off‐site parking for future restaurants
within The Garden shopping center located south of the project site across Avon Street.
A separate conditional use permit (CUP) is requested as part of a proposed restaurant at
2902 West Coast Highway for off‐site parking and to establish a parking management
plan for the shopping center including valet parking for the proposed structure”.
This will be the basis for a CEQA challenge as this is a clear violation. If there is a nexus or
even a probable connection between this proposal and one in the future that is
contemplated, then Staff needs to review BOTH in totality. This means impacts that the
City says are “non‐existent” under the current proposal may very well surface under the
future CUP. It is my opinion that it is a very weak conclusion that no impacts occur under
either traffic, noise or light. I can’t imagine why the City would not be concerned with
additional traffic crossing over the existing sidewalk at Riverside. How many times do
kids, adults, electric bikes and skateboards scream down that sidewalk or bike lane, and
the retaining wall serves a total blindside. The cars exiting onto Riverside late at night
when this garage serves a restaurant across the street must be addressed. You are going
to add more cars to a parcel that only requires 12 spaces, yet also add 35 more spaces to
an area that is already at risk?
Under Traffic: No traffic study is required. Yes, the traffic count may not be supported
with the 2,800 square foot building but what happens when this parking is used for “off‐
site” parking from other uses such as the stated future restaurant? An analysis should at
least contemplate in/out movements given other uses from the retail and restaurants
that clearly generate more ingress/egress that just 2,800 square feet during working
hours Monday through Friday. And also, noise and light. Again, these impacts have not
been considered by piecemealing this proposal.
Anyone who has been here awhile remembers how this owner treated existing tenants
when he bought the property. Successful local businesses were forced out. There are
tenants in the subject building with existing leases that the owner is not addressing.
Planning Commission - August 22, 2019
Item No. 3d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
The owner clearly knows that he CANNOT put in a restaurant across the street unless he
can provide more parking. So, he is piecemealing this proposal and he could care less
about the 2,800 square feet of office as it’s the parking that is needed! Also, the
proposed tenant for the office space is another of the same owners’ businesses.
On another note the adjacent riparian areas and stream of water are absolutely
jurisdictional and the development of this site should be required to file a formal
notification with the California Department of Fish and Wildlife to ensure that CDFW also
concurs that there are no impacts from the proposed development. The site does not
drain into this area however it is directly adjacent to the development and the CDFWS
could at minimum require specific on‐site protection to protect their stream.
Please deny this project and require it to be submitted correctly with the entire intended
project.
Thank you for your service.
Planning Commission - August 22, 2019
Item No. 3d Additional Materials Received
The Garden Office and Parking Structure (PA2019-023)
215 Riverside Avenue
(PA2019-023)
Planning
Commission
Public Hearing
August 22, 2019
Office and Parking Structure
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Required
Entitlements
Community Development Department -Planning Division 2
Coastal Development Permit
•For demolition and project development in the
Coastal Zone
Conditional Use Permit
•Parking structure adjacent to residential zone
Modification Permit
•Tandem parking to serve office tenants
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Vicinity Map
Community Development Department -Planning Division 3
Residences
Cliff Drive Park
Project site
The Garden
shopping
center
Proposed
Restaurant
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Community Development Department -Planning Division
Site Plan
4
47 parking spaces
2 stories and 2,830 sq.ft.
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Development
Standards
Community Development Department -Planning Division 5
Development
Standard
Existing
Development
Requested
Development
Project •Vacant Restaurant
(2,910 sq. ft.)
•Office (5,146 sq.
ft.)
•Surface parking lot
•Office (2,830
sq. ft.)
•Parking
Structure
Zone
/Square
Footage
CG (Commercial
General) 0.5 FAR
8,056 sq. ft. (0.49
FAR)
2,830 sq. ft. (0.17
FAR)
Height 32 feet (flat)
37 feet (pitched)
28 feet flat 32 feet (flat)
Parking •1 space per 250
sq. ft.
(retail/office)
•1 space per 40
sq. ft. Net Public
Area (restaurant
18 spaces 47 spaces (12
spaces required
for office use)
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
First Floor Plan
Community Development Department -Planning Division 6
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Second Floor
Plan
Community Development Department -Planning Division 7
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Exterior
Elevation
(Avon Street)
Community Development Department -Planning Division 8
32 feet
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Exterior
Elevation
(Riverside
Avenue)
Community Development Department -Planning Division 9
32 feet
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Community Development Department -Planning Division
Site Plan
10
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Site Section
Community Development Department -Planning Division 11
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Visual
Simulations
(Cliff Drive
Park)
Community Development Department -Planning Division 12
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Visual
Simulations
(Riverside
Avenue)
Community Development Department -Planning Division 13
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Visual
Simulations
(Avon Street)
Community Development Department -Planning Division 14
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Visual
Simulations
Community Development Department -Planning Division 15
Proposed office
building The Garden
shopping center
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
CEQA
Review
Community Development Department -Planning Division 16
Class 32 Exemption-
(Infill Development Projects)
Supporting Studies:
•Traffic trip analysis
•Noise Study
•Water Quality Management Plan
(WQMP)
•Water/sewer generation study
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
CEQA
Review
Community Development Department -Planning Division 17
1.Adjacent private development
projects.
2.The office and parking structure could
operate independently of each the
other application and can be
implemented separately.
3.The parking structure is intended to
serve The Garden shopping center as a
whole.
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Traffic Analysis
Community Development Department -Planning Division 18
Existing uses 294 ADT
Proposed office use 46 ADT
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Public Notice
Community Development Department -Planning Division 19
1.Notices were mailed to property owners and residential
occupants within a 300-foot radius of the property.
2.The site was posted with the public notice.
3.Notices were published in the newspaper at least 10 days
prior to the public hearing.
A courtesy notice was sent to the HOA contact on file
when the application was submitted.
Electronic copy of the notice was emailed to the current
association contact when staff discovered the mailed
courtesy notice contact was out of date.
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Summary
Community Development Department -Planning Division 20
Project provides parking supply to
serve uses in the surrounding area
Office land use, and bulk/scale of
parking structure is compatible with
the area and surrounding development
in Mariners’ Mile
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Recommenda-
tion
Community Development Department -Planning Division 21
1. Conduct a public hearing
Consider public comments
received and requests for
continuance
2. Continue the item to allow staff to
further analyze the CEQA
determination and LCP standards in
light of public comments received.
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Makana Nova,
Associate Planner,
AICP
949-644-3249
mnova@newportbeachca.gov
Community Development Department -Planning Division 22
Thank you!
Questions?
Planning Commission - August 22, 2019
Item No. 3e Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
•Use of similar enhanced architectural finishes andarticulation
•Integration of landscape into the overall design
•“Five” sided approach to design and finishes
•Pedestrian oriented design for both the buildingand the parking
•Preserves existing on street parking andcontributes to an overall parking strategy
•Consistent with the principles outlined in theMariner’s Mile Strategic Vision and DesignFramework
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
215 Riverside Material Palette
Brick Detail
Metal Awning
Landscape
Glazing
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
View from Avon
View from edge
of Park
View from
Riverside
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Existing Site
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Proposed Site Plan
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Superimposed Existing and Proposed Site Plans
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Improved Site-line Diagram
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Building Cross Sections through Parking
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Lower Level Plan
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Proposed Site Plan
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Community Outreach
•Open House held on Sunday, July 21
•Invitations sent to all individuals on the City’s notification list for this
project
•Residents within a 300 ft radius of the project
•Newport Heights HOA
•Invitees identified by Councilmember Avery: Sandra Ayres and Peggy Palmer
•Individual outreach to 2907 Cliff Drive
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Community Outreach
•Responded to questions at the open house
•View impacts
•Demolition and construction timing
•Need for more parking in the area
•Access from Riverside
•Letters of support received
•Addressing comments received by City from residents and tenant
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)
Project Benefits
•Development consistent with the General Plan and zoning and
Mariners Mile Strategic Vision and Design Framework
•Continues the redevelopment and revitalization of existing
commercial
•Provides unified vision and appearance
•Enhanced landscaping
•Reduced footprint and intensity
•Professional office development limitation
•Unified management of properties
•No significant impacts to: noise, light, traffic
Planning Commission - August 22, 2019
Item No. 3f Additional Materials Presented At Meeting
The Garden Office and Parking Structure (PA2019-023)