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HomeMy WebLinkAbout20191017_PC_Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 17, 2019 Agenda Item No. 2 SUBJECT: The Garden Office and Parking Structure (PA2019-023) ƒ Coastal Development Permit No. CD2019-003 ƒ Conditional Use Permit No. UP2019-003 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 41-space, two-level parking structure and a 2,744-square-foot office building. A conditional use permit is required to authorize the construction of the parking structure adjacent to the residentially zoned property. 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 or potentialy other nearby uses in the future. Approval of off-site parking use and any other uses which require parking in the proposed 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. PC2019-031 approving Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 2 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 3 INTENTIONALLY BLANK PAGE4 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 3 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. An 18-space surface parking lot 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 with a small wetland riparian area to the west along Avon Street. August 22, 2019 Planning Commission Meeting On August 22, 2019, the Planning Commission held a public hearing to consider this item. Several Planning Commissioners inquired about traffic and parking for this site related to a proposed conditional use permit and coastal development permit application for a new restaurant located within The Garden shopping center at 2902 West Coast Highway. The Commission inquired whether these two applications should be heard individually or separately. Staff noted that each application could be reviewed independently because the restaurant application is not dependent upon the subject application. Staff went on to suggest that the Planning Commission could direct the applications to be reviewed concurrently at the same hearing if they felt this was appropriate. At the request of staff, the public hearing was continued to September 19, 2019, to allow staff to analyze potential impacts to biological resources in the adjacent Avon Street right- of-way that were identified through a public comment received. The Planning Commission staff report and minutes are provided as Attachment Nos. PC 3 and PC 4. At the September 19, 2019, Planning Commission public hearing, staff requested a 2-week continuance to complete their analysis of the biological resources. Several members of the community spoke at this meeting and requested that the application be reviewed concurrently with the conditional use permit and coastal development permit application for The Garden Restaurant at 2902 West Coast Highway (PA2019-006). At the October 3, 2019, Planning Commission public hearing, staff requested the item be removed from calendar so the public hearing could be re-noticed. This was required because it was necessary to distribute a new public notice that included the CDP appeal process. 5 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 4 DISCUSSION Project Scope Changes On September 4, 2019, the applicant submitted updated project plans that eliminated the request for tandem parking and the accompanying request for a modification permit application. The proposed number of parking spaces has been revised from 47 spaces to 41 spaces including 19 spaces on the first level and 22 spaces on the second level. Further, the office building floor area has been slightly reduced from 2,830 square feet to 2,744 square feet. The basic architecture and site plan has not changed drastically. Revised project plans are provided as Attachment No. PC 7. Biological Resources Analysis At the August 22, 2019, Planning Commission meeting, public comments were submitted indicating the presence of a wetland riparian area on the north side of Avon Street near the site, and that it should be studied to determine if the project would impact it. A comment also noted that notification to the California Fish and Game and permitting from that agency may be required. With this additional information, staff requested a continuance of the item to allow time to analyze the location of this resource and if the proposed project complied with regulations relating to biological resources. The City contracted with biologists from Glenn Lukos, Inc., who conducted a site visit on September 3, 2019, to document the resource and review the relationship between the project site and the wetland resource area. The biological resources memorandum (Exhibit E to Attachment No. PC 5) explains that this wetland is a slope wetland or groundwater fed wetland that has been documented at this location since at least 1989. The biological analysis included mapping of the wetland and inventory of the species occupying the area. This indicates the wetland is three to six feet wide directly adjacent to Avon Street and includes a mix of native and non-native species. The source of water is a spring and/or urban runoff, which drains toward the west, discharging into a drainage culvert west of the subject property across from and behind the BMW dealership property. Even though the wetland is not on the project site and no diking dredging or filling is proposed, Coastal Land Use Policy 4.2.2.3 and Section 21.30B.040 (Wetlands, Deepwater Areas, and Other Water Areas) of the Local Coastal Program requires a 100 foot buffer between development and wetlands unless: a. One hundred (100) foot wide buffer is not possible due to site-specific constraints; and b. The proposed narrower buffer would be amply protective of the biological integrity of the wetland given the site-specific characteristics of the resource and of the type and intensity of disturbance. 6 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 5 Existing site wall and driveway encroachments over the property line would be removed and as a result, the distance between the wetland and the project will increase from 29 feet to 39 feet. Further, the proposed erosion control plan demonstrates that adequate measures such as a silt fence, straw wattle, and other necessary protections will be taken to protect surrounding properties from erosion and discharge of pollutants during construction. The removal of these encroachments on the abutting parkland will be revegetated with native plants to blend with the existing improvements as reflected on the conceptual landscape plan (Attachment No. PC 7). The biologist’s analysis concluded that there would be no significant impacts to wetland Environmentally Sensitive Habitat Areas (ESHA) associated with the re-development of the site and that 39 foot buffer is sufficient for the long term maintenance and health of the wetland resource. Additionally, since the proposed project would not affect the wetland directly through dredging, filling, or other alteration, notification and/or permitting under California Department of Fish and Wildlife Section 1602 is not required. This analysis has been updated within the findings for the draft resolution for approval (Attachment No. PC 1) and the Class 32 Exemption Determination (Attachment No. PC 5) Public Comments Since the August 22, 2019, Planning Commission meeting, 17 additional public comment letters in opposition and 140 letters of support have been received (Attachment No. PC 6). These comments, prior comments, and those made by the Planning Commission speak to a range of topics, which are discussed below: x Piecemeal under CEQA. Comments suggest that this application should be reviewed concurrently with the application on file for The Garden Restaurant (PA2019-006) located at 2902 West Coast Highway since that application requested to use this site to meet its parking requirement. Staff believes the two applications can be reviewed separately, as the applicant has requested. The office/parking structure land use is not dependent on the approval of the restaurant or any other use to operate and the excess parking could be used for other uses such as parking for charter boats. Further, staff has been informed by the applicant for The Garden Restaurant (PA2019-006) that they are seeking alternative parking supplies to meet the parking demand for their restaurant. Refer to public comments submitted by Susan Hori on October 2, 2019 provided as part of Attachment No. PC 6. A potential use of the proposed parking supply at the subject property to serve another use would be considered as part of a conditional use permit application for off-site parking. However, since there is an application on file proposing to use this site for restaurant off-site parking the Planning Commission can direct staff to bring both applications to them for concurrent review if deemed appropriate. 7 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 6 x Noise. Comments express concern about noise resulting from increased vehicle circulation and potential late night use of the parking structure. Parking lots and 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 (22 spaces) but the impacts from vehicle movements will be similar to that of existing conditions. An important clarification is that surface parking lots do not require discretionary approval when adjacent to residential, only parking structures. The code allows fences and walls to up to 8 feet tall (2 feet higher than the 6-foot standard) on residential properties adjacent to commercial uses to provide additional buffering. Further, the lower level of the parking structure is accessed from Avon Street so there are no openings facing the nearby residential properties. To determine if the use of the structure would comply with NBMC Section 10.26.025 (Exterior Noise Standards), a noise study was prepared by Urban Crossroads that considers 24-hour parking lot use. The study analyzed potential noise impacts associated with vehicle movements to the adjacent residents using sound modeling. The study provides a conservative analysis and considers worst-case operational mechanical equipment and vehicle movements over a 24-hour period and uses a site in Lake Forest as a noise level reference. Noise at this example location was primarily attributed to employees coming and going during the lunch peak hour period, with vehicles pulling in and out of parking spaces and employees talking. This location is a corporate office building surrounded by a large surface level parking area. The study concludes that the noise generated from vehicle movements within the first and second level of the structure will not exceed the NBMC daytime and nighttime base exterior noise level standards at the adjacent residential properties and commercial uses. While the noise generated from the use on-site is expected to comply with the NBMC requirements, use of the structure will generate noise from talking, car doors, alarms, horns, stereos, etc. which is difficult to quantify. The Planning Commission may require additional noise abatement measures if they believe it is necessary to alleviate potential noise nuisance effects to surrounding residents. These measures could include additional noise screening, buffering, an additional wall, and/or covering of the parking structure. Additionally, the Commission could consider limiting the hours of use of the upper level of the parking structure. 8 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 7 x Lighting. Comments express concern about excessive lighting resulting from increased vehicle circulation and late night use of the parking structure. 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. Pursuant to this condition and NBMC Section 21.30.070 (Outdoor Lighting), the Community Development Director has the authority to require the shielding or dimming of lighting should lighting result in negative impacts to nearby residents. Additional lighting impacts may be generated by vehicles using the structure, however, the lower elevation, existing retaining wall, and added landscaping are expected to adequately minimize these lighting impacts to abutting residential properties. x Parking Structure Cover. Several comments have expressed concern over the effects of noise, air pollution, lighting, potential valet operations, and traffic related to potential late night use of the parking structure. The commenters suggest that an enclosure over the parking area be added to buffer and protect the adjacent residentially zoned properties from these potentially negative effects. The proposed parking structure maintains the existing setbacks and bulk and scale similar to the existing surface parking lot. The design of the project includes landscaping and trellis elements to help screen the project from nearby residential properties. The applicant has considered the addition of a parking area enclosure and has rejected this concept as they believe the design and screening features provided will adequately address potential negative impacts. The Planning Commission could direct the applicant to return with additional screening/buffering features that may include a larger trellis element or a partial or complete cover of the top parking deck. x Driveway ingress/egress along Riverside Avenue. Comments suggest that the driveway ingress/egress along Riverside Avenue should be carefully considered due to the high level of pedestrian and bicycle traffic along this street. Planning and Public Works staff, including the City Traffic Engineer, have reviewed the design of the entire project including the ingress/egress driveway along Riverside Avenue. The access ramp has been lengthened, widened, and the slope reduced from its current condition. Sight distance visibility will be improved with the removal of structures within the sight distance triangle, providing wider views for motorists, bicyclists, and pedestrians traveling in and around this property. Further, Public Works staff have recommended against new street trees along Riverside Avenue to 9 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 8 ensure that adequate width and visibility are maintained for the many pedestrians, bicycles, and vehicles that use the right-of-way along Riverside Avenue. x Views from Cliff Drive Park. Comments correctly identify that Cliff Drive Park is considered a coastal view point and request the installation of temporary story poles and view simulations for the project. While story poles have not been prepared and are not typically required for new development projects that comply with the height limit, they may also not prove helpful because the proposed development is within the height, bulk and scale of existing development on the site. The applicant has prepared view simulations from Cliff Drive Park to consider any potential view impacts from this location, which are provided as part of the project plans (Attachment No. PC 7). Staff believes the view simulations show no impact to public coastal views. x Comments from Goodwin Procter LLP. Comments allege the invalidity of the Newport Heights and Cliff Haven Homeowner’s Associations. Staff has reviewed these comments and believes this issue is a civil matter. That being said, the written comments prepared by these associations still identify similar concerns as discussed in this report of City residents regarding the proposed applications and should be considered. 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; 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 10 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 9 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. The commercial building and related uses are consistent with the CG General Plan land use designation and CG zoning district. The surplus parking in the parking structure is considered an accessory use that supports commercial uses. Parking structures are generally compatible with 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 and potential affects must be carefully considered. The parking structure will be visually screened from Cliff Drive Park and adjacent residential properties located at a higher elevation by landscaping surrounding the rear and sides. Additionally, a portion of the second level structure adjacent to Avon Street will be covered by a trellis carport cover. The trellis adds architectural interest to the façade of the building and helps to screen and shade portions of the second level parking deck that may be visible to adjacent residences. 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 that will remain, 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. The increased parking supply for the area may potentially result in more activity and additional late night activities (noise, headlights, and potential 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. 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. 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. 11 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 10 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. 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. 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 geotechnical 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 include 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. As discussed earlier, consideration of the nearby wetland resource along the northerly portion of Avon Street has been incorporated into the analysis of the proposed project. A biological resource analysis has been prepared and concludes that the project with the provided buffer have no potential to adversely affect this wetland resource. 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 elevated and 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. 12 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 11 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 office building’s flat roof parapet is constructed to the maximum height of 32 feet and the parking structure’s trellis is constructed to a maximum height of 18 feet 3 inches. 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 easily visible from West 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. Access to the nearby wetland resource is also readily available from the Avon Street right-of-way. The proposed surplus parking in the parking structure will serve other nearby uses and may improve public access to users in the area. 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. 13 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 12 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 and Local Coastal Program designations and policies, and can be found consistent with all applicable Zoning regulations upon approval of the requested applications. A noise study, preliminary WQMP, traffic analysis, water/waste-water generation memorandum, and biological resources analysis have been prepared. An analysis of the property indicates that the adjacent wetland area will not be negatively impacted by the proposed project and that the proposed wetland buffer is appropriate. 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. A courtesy notice was mailed to nearby homeowner’s association contacts. 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. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Submitted by: GR/mkn 14 The Garden Office and Parking Structure (PA2019-023) Planning Commission, October 17, 2019 Page 13 ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Planning Commission Staff Report August 22, 2019 PC 4 Planning Commission Minutes August 22, 2019 PC 5 Class 32 Exemption PC 6 Public Comments PC 7 Project Plans and View Simulations :\Users\PLN\Shared\PA's\PAs - 2019\PA2019-023\PC\PC2019-023 PC Rpt.docx01/12/18 15 INTENTIONALLY BLANK PAGE16 Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 17 INTENTIONALLY BLANK PAGE18 RESOLUTION NO. PC2019-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2019-003 AND CONDITIONAL USE PERMIT NO. UP2019-003 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 and conditional use 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-one (41) space, two (2) level parking structure and a two thousand, seven hundred and forty four (2,744)-square-foot office building (“Project”). x Conditional Use Permit - to authorize the construction of the parking structure adjacent to the residentially zoned property. 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 and 21.62 of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission continued the item to a date certain, September 19, 2019, at the conclusion of this public hearing. 19 Planning Commission Resolution No. PC2019-031 Page 2 of 15 7. At the September 19, 2019, Planning Commission meeting, the Planning Commission further continued the item at the request of staff so that they could complete their analysis of the project. 8. At the October 3, 2019, Planning Commission meeting, the Planning Commission further continued the item in order to re-notice the item. 9. A public hearing was held on October 17, 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 the Ralph M. Brown Act and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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 (“CEQA Guidelines”), 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 Project must occur on a site of no more than five (5) 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, water/waste-water generation memorandum, and biological resources assessment have been prepared. The initial biological resources survey of the Property indicates that the adjacent Avon Street right-of-way, west of the project site, is characterized by a wetland area 29 feet from the proposed development site and within the 100-foot wetland buffer standard. However, the analysis concludes that the proposed 29-foot wetland buffer is sufficient for protection of the wetland and that the project will not result in impact 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. 3. The Project is not dependent on the approval of a restaurant or other use to operate and the excess parking could be used for other uses such as parking for charter boats. At this time, there is no application on file making a request for future use of this parking structure for off-site parking. A potential use of the proposed parking supply at the subject 20 Planning Commission Resolution No. PC2019-031 Page 3 of 15 property to serve another use would be considered as part of a conditional use permit application for off-site parking. SECTION 3. REQUIRED FINDINGS. I. COASTAL DEVELOPMENT PERMIT A coastal development permit is required to authorize the demolition and redevelopment on the Property. In accordance with Section 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 2,744 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 41 vehicles, complying with the minimum 12 parking spaces required for the 2,744-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. 21 Planning Commission Resolution No. PC2019-031 Page 4 of 15 4. An initial biological resources analysis of the Property indicates that the adjacent Avon Street right-of-way, west of the Property, is characterized by wetland areas located within 100 feet of the Property. The report evaluates the proposed wetland buffer and concludes that a 100-foot buffer is not necessary and that the proposed 39-foot wetland buffer is sufficient for protection of the wetland and that the Project will not impact habitat for endangered, rare, or threatened species. 5. 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. 6. 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. 7. 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. 8. Proposed landscaping complies with 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; however, the Project is located on a property within 100 feet of a wetland area located 22 Planning Commission Resolution No. PC2019-031 Page 5 of 15 within the Avon Street right-of-way. 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 Property 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 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 City of Newport Beach Local Coastal Program 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 Project 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. 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: C. The use is consistent with the General Plan and any applicable specific plan. 23 Planning Commission Resolution No. PC2019-031 Page 6 of 15 Facts in Support of Finding: 1. The commercial building and related uses are consistent with CG (General Commercial) 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 are compatible with the other commercial uses located in Mariners’ Mile. 2. The Property is not located within a specific plan area. Finding: D. 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 office building and related uses are consistent with the CG (Commercial General) 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: E. 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. 24 Planning Commission Resolution No. PC2019-031 Page 7 of 15 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: F. 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. Facts in Support of Finding: 1. The Project results in a parking requirement of eleven (11) spaces, which are provided on-site within the forty one (41)-space parking structure. 2. 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. Finding: G. 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 Project 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 two (22) spaces) but the impacts from vehicle movements will be similar to that of existing conditions according to the noise analysis as discussed below. 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. 25 Planning Commission Resolution No. PC2019-031 Page 8 of 15 3. The Project has been conditioned to require a nighttime light inspection to confirm there are no light and glare impacts. 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 the Project consists of an in- fill development project in an urban area consistent with the General Plan and applicable development standards. In addition, the Project site is less than five (5) acres, has no value as habitat for endangered, rare or threatened species, is adequately served by all utilities and public services, and does 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. The Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 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. Final action taken by the City may be appealed to the California Coastal Commission in compliance with Section 21.64.035 of the NBMC and Title 14 California Code of Regulations, Division 5.5, Chapter 5 of the California Code of Regulations and Sections 13111 through 13120, and Section 30603 of the Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF OCTOBER, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 26 Planning Commission Resolution No. PC2019-031 Page 9 of 15 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. 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. 4. Exterior lighting standards shall be no more than twenty (20) feet in height. 5. 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. 6. 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. 7. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 8. 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. 9. This approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right-of-way. 27 Planning Commission Resolution No. PC2019-031 Page 10 of 15 10. 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. 11. 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. 12. 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. 13. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 14. Revisions to the approved plans may require an amendment to this Coastal Development Permit and Conditional Use Permit or the processing of a new coastal development permit, conditional use permit, and/or modification permit. 15. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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. 17. This Coastal Development Permit and Conditional Use 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. 18. 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. 19. 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. 28 Planning Commission Resolution No. PC2019-031 Page 11 of 15 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. This Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 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. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of The Garden Office and Parking Structure including, but not limited to, Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 (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 29 Planning Commission Resolution No. PC2019-031 Page 12 of 15 shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. FIRE DEPARTMENT 27. 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. 28. 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 29. Fire flow shall be determined as per City of Newport Beach Guideline B.01. CFC Section 507.3. 30. Fire hydrants shall be provided and located within 400 feet of all portions of the building. CFC Section 507.5.1. 31. Public Safety Radio Coverage will be required as per CFC Section 510.1 and City of Newport Beach Guideline D.05. 32. 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 33. Accessible parking stalls shall comply with Section 11B-502 of the California Building Code (CBC). 34. Accessible path of travel shall comply with Section 11B-402 of the CBC; steps/stairs not permitted as part of the accessible path. 35. The trellis element shall comply with 602 and 705 of the CBC for the exterior construction opening requirement. 36. 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. 37. 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. 30 Planning Commission Resolution No. PC2019-031 Page 13 of 15 38. 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. 39. 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 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. 40. 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. 31 Planning Commission Resolution No. PC2019-031 Page 14 of 15 41. 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 42. All improvements shall be constructed as required by Ordinance and the Public Works Department. 43. 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. 44. An encroachment permit is required for all work activities within the public right-of-way or park area. 45. 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. 46. 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. 47. 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. 48. Prior to final of building permits, the applicant shall be required to upgrade/reconstruct all non-compliant water services per City Standard. 49. Structural encroachment, including but not limited to, caissons, retaining walls, and tie- backs are prohibited within the public-right-of-way. 50. 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. 32 Planning Commission Resolution No. PC2019-031 Page 15 of 15 51. 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. 52. 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. 53. 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. 54. County Sanitation District fees shall be paid prior to the issuance of any building permits. 55. 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 ro utes 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. 56. 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. 33 INTENTIONALLY BLANK PAGE34 Attachment No. PC 2 Draft Resolution for Denial 35 INTENTIONALLY BLANK PAGE36 RESOLUTION NO. PC2019-031 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. 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 and conditional use 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-one (41) space, two (2) level parking structure and a two thousand, seven hundred and forty four (2,744)-square-foot office building (“Project”). x Conditional Use Permit - to authorize the construction of the parking structure adjacent to the residentially zoned property. 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 and 21.62 of the Newport Beach Municipal 37 Planning Commission Resolution No. PC2019-031 Page 2 of 4 01-25-19 Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. The Planning Commission continued the item to a date certain, September 19, 2019, at the conclusion of this public hearing. 7. At the September 19, 2019, Planning Commission meeting, the Planning Commission further continued the item at the request of staff so that they could complete their analysis of the project. 8. At the October 3, 2019, Planning Commission meeting, the Planning Commission further continued the item in order to re-notice the item. 9. A public hearing was held on October 17, 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 the Ralph M. Brown Act and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. 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. 38 Planning Commission Resolution No. PC2019-031 Page 3 of 4 01-25-19 3. The site is not physically suitable in terms of design, location, shape, size, operating characteristics. 4. 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. 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 and Conditional Use Permit No. UP2019-003. 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. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF OCTOBER, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Koetting, Chairman BY:_________________________ Lee Lowrey, Secretary 39 Planning Commission Resolution No. PC2019-031 Page 4 of 4 01-25-19 40 Attachment No. PC 3 Planning Commission Staff Report August 22, 2019 41 INTENTIONALLY BLANK PAGE42 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 22, 2019 Agenda Item No. 3 SUBJECT:The Garden Office and Parking Structure (PA2019-023) ƒCoastal Development Permit No. CD2019-003 ƒConditional Use Permit No. UP2019-003 ƒModification 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  Conduct a public hearing;  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  Adopt Draft Planning Commission Resolution No.3& approving Coastal DevelopmentPermit No. CD2019-003, Conditional Use Permit No. UP2019-003, and ModificationPermit No. MD2019-003 (Attachment No. PC 1). 43 ,17(17,21$//<%/$1.3$*(44 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 2 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 45 ,17(17,21$//<%/$1.3$*(46 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 3 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 47 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 4 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 48 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 5 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; 49 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 6 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 elevation, 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. 50 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 7 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 51 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 8 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 52 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 9 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. 53 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 10 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); 54 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 11 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. 55 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 12 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 56 The Garden Office and Parking Structure (PA2019-023) Planning Commission, August 22, 2019 Page 13 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 57 INTENTIONALLY BLANK PAGE58 Attachment No. PC 4 Planning Commission Minutes August 22, 2019 59 INTENTIONALLY BLANK PAGE60 61 62 63 64 65 66 Attachment No. PC 5 Class 32 Exemption 67 INTENTIONALLY BLANK PAGE68 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. 69 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 70 (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 71 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. 72 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. A biological resources analysis (Exhibit E) has confirmed the presence of a wetland resource area on the northerly edge of Avon Street to the west of the subject property. The memorandum explains that this wetland is a slope wetland or groundwater fed wetland that has been documented at this location since at least 1989. The biological analysis included mapping of the wetland and inventory of the species occupying the area. 73 This indicates the wetland is three to six feet wide directly adjacent to Avon Street and includes a mix of native and non-native species. The source of water is fed by a spring and/or runoff, which drains toward the west, discharging into a drainage culvert west of the subject property across from the BMW dealership property. Even though the wetland is not on the project site and no diking dredging or filling is proposed, Coastal Land Use Policy 4.2.2.3 and Section 21.30B.040 (Wetlands, Deepwater Areas, and Other Water Areas) of the Local Coastal Program requires a 100 foot buffer between development and wetlands unless: a. one hundred (100) foot wide buffer is not possible due to site-specific constraints; and b. The proposed narrower buffer would be amply protective of the biological integrity of the wetland given the site-specific characteristics of the resource and of the type and intensity of disturbance. Existing site wall and driveway encroachments over the property line would be removed and increase the buffer distance from 29 feet to 39 feet from the wetland. Further, the proposed erosion control plan demonstrates that adequate measures such as a silt fence, straw wattle, and other necessary protections will be taken to protect surrounding properties from erosion and discharge of pollutants during construction. The biologist’s analysis concluded that there would be no significant impacts to wetland ESHA associated with the re-development of the site and that 39 foot buffer is sufficient for the long term maintenance and health of the wetland resource. Additionally, since the proposed project would not affect the wetland directly through dredging, filling, or other alteration, notification and/or permitting under California Department of Fish and Wildlife Section 1602 is not required. Thus, there would be no significant 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. (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. 74 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 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 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 75 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. 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. 76 Exhibit A Traffic Trip Generation Calculations 77 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 07/11/201978 Exhibit B Acoustical Study 79 215 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 12356-04 Noise Study 80 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study ii 81 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study iii 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 82 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study iv 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 83 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 1 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. 84 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 2 This page intentionally left blank 85 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 3 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. 86 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 4 EXHIBIT 1-A: LOCATION MAP 87 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 5 EXHIBIT 1-B: PROJECT SITE PLAN 88 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 6 This page intentionally left blank 89 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 7 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 90 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 8 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 91 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 9 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) 92 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 10 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) 93 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 11 EXHIBIT 2-C: NOISE LEVEL INCREASE PERCEPTION 012345678910 Just Perceptible Barely Perceptible Readily Perceptible Twice as Loud Noise Level Increase (dBA) 94 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 12 This page intentionally left blank 95 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 13 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. 96 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 14 This page intentionally left blank 97 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 15 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 98 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 16 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. 99 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 17 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. 100 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 18 EXHIBIT 4-A: NOISE MEASUREMENT LOCATIONS 101 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 19 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. 102 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 20 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. 103 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 21 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. 104 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 22 This page intentionally left blank 105 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 23 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. 106 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 24 EXHIBIT 6-A: OPERATIONAL NOISE SOURCE LOCATIONS 107 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 25 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. 108 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 26 This page intentionally left blank 109 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 27 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 ĂůŝĨŽƌŶŝĂWŽůLJƚĞĐŚŶŝĐ^ƚĂƚĞhŶŝǀĞƌƐŝƚLJ͕^ĂŶ>ƵŝƐKďŝƐƉŽͻĞĐĞŵďĞƌ͕ϭϵϵϯ 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 – /ŶƐƚŝƚƵƚĞŽĨEŽŝƐĞŽŶƚƌŽůŶŐŝŶĞĞƌŝŶŐͻDĂƌĐŚ͕ϮϬϬϰ 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 110 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study 28 This page intentionally left blank 111 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study APPENDIX 3.1: CITY OF NEWPORT BEACH MUNICIPAL CODE 29 112 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 30 113 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/1/9 (119 hits) 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. 31 114 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/2/9 “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 no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.32 115 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/3/9 “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. 33 116 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/4/9 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 34 117 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/5/9 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 35 118 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/6/9 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. 36 119 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/7/9 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. 37 120 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/8/9 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. 38 121 2/14/2019 Chapter 10.26 COMMUNITY NOISE CONTROL https://www.codepublishing.com/CA/NewportBeach/9/9 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. 39 122 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 40 123 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study APPENDIX 4.1: STUDY AREA PHOTOS 41 124 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 42 125 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" 43 126 JN:12356 Study Area Photos 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" 44 127 JN:12356 Study Area Photos 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" 45 128 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 46 129 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study APPENDIX 4.2: AMBIENT NOISE LEVEL MEASUREMENT WORKSHEETS 47 130 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 48 131 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_Summary49132 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_Summary50133 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_Summary51134 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_Summary52135 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study APPENDIX 6.1: CADNAA NOISE MODEL DATA INPUTS & RESULTS 53 136 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 54 137 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.55 138 215 Riverside Avenue Noise Impact Analysis 12356-04 Noise Study This page intentionally left blank 56 139 Exhibit C Preliminary Water Quality Management Plan 140 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 141 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 142 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California 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 143 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section I Page 3 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. 144 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section I Page 4 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) 145 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section II Page 5 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. 146 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section II Page 6 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 147 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section II Page 7 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 148 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section III Page 8 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. 149 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section III Page 9 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. 150 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section III Page 10 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. 151 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 11 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 ݂ܿ 152 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 12 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 153 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 13 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. 154 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 14 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. 155 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 15 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. 156 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 16 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). 157 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 17 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. 158 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 18 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 159 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 19 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. 160 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 20 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: 161 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 21 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. 162 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 22 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 163 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 23 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. 164 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 24 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 165 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 25 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. 166 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 26 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. 167 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California 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 168 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California 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). 169 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. 170 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section IV Page 30 171 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California 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. 172 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California MR. GARY JABARA Section VI Page 32 Section V Inspection/Maintenance Responsibility for BMPs An Operation and Maintenance Plan is included in Attachment C. 173 Water Quality Management Plan (WQMP) 215 Riverside Avenue, Newport Beach, California 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 174 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 175 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 176 177 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 178 ATTACHMENT A 179 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 180 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. 181 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. 182 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 183 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 184 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™) 185 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 186 ATTACHMENT B 187 188 189 190 191 192 193 194 195 ATTACHMENT C 196 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 197 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 Implementation198 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 Introduction199 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 Racks200 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 contractors201 Exhibit B, Operations and Maintenance Plan Attachments 202 203 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. 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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. 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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 1 234 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 2 235 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 3 236 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 4 237 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. 238 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 239 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. 240 6HZHU&DSDFLW\0HPR²5LYHUVLGH$YHQXH1HZSRUW%HDFK&$ $77$&+0(17  3UHOLPLQDU\8WLOLW\3ODQ  241 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 BOX242 Exhibit E Biological Resources Memorandum 243 TECHNICAL MEMORANDUM 29 Orchard Lake Forest California 92630-8300 Telephone: (949) 837-0404 Facsimile: (949) 837-5834 PROJECT NUMBER:05600002RIVE TO:Gregg Ramirez, Principal Planner, City of Newport Beach Makana Nova, Associate Planner, City of Newport Beach FROM:Tony Bomkamp DATE:September 23, 2019 SUBJECT:215 Riverside Avenue, Newport Beach: Delineation and Evaluation of Wetland within Avon Street Right-of-Way West of Subject Property On September 3, 2019, I conducted a site visit to examine a potential wetland in the Avon Street right-of-way, west of the 215 Riverside Avenue project site (Exhibits 1 – Vicinity Map). During the site visit, I conducted a delineation of wetlands as defined in the City of Newport Beach Local Coastal Program (LCP) as well as in the California Coastal Act. I also evaluated the area to determine whether the area that is vegetated with predominately southern cattail (Typha domingensis) meets the definition of a stream pursuant to Section 1602 of the Fish and Game Code. Finally, I evaluated the functions of the potential wetland area to determine the need for set backs or buffers in accordance with Section 21.30B.040.C of the City’s Local Coastal Program regarding Wetlands, Deepwater Areas, and Other Water Areas. Based on the presence of a predominance of wetland indicator plant species and wetland hydrology indicated by the presence of surface water I determined that a wetland is present along Avon Street. Wetland data sheets are provided as Appendix A. It is also important to note that during review of the City’s files, additional information was found that documents the presence of wetlands at this location. Specifically, a letter from Dr. Jan Vandersloot dated April 19, 1989 detailing the results of a hydrological study of the area which indicates that the wetland is supported by a “spring” which drains toward the west, discharging to a culvert near the western terminus of the wetland, consistent with my observations. Dr. Vandersloot’s letter is attached as Exhibit 5. A hand-drawing of the wetland area is also included as Exhibit 6. WETLANDS The right-of-way for Avon Street supports a narrow strip of wetland dominated by southern cattail (Typha domingensis, OBL) with a few scattered arroyo willows (Salix lasiolepis, FACW) in the canopy layer with an understory of saltgrass (Distichlis spicata, FAC), that is intertwined with the southern cattail. The extent of wetland area in the Avon Street right-of-way is depicted on Exhibit 244 MEMORANDUM September 23, 2019 Page 2 2. The narrow strip of wetland area is bisected by two pedestrian bridges connected to sidewalks north of Avon Street. During the September 3, 2019 site visit, waterfrom the wetland was detected discharging to a pipe at the west end of the wetland area beneath a dense thicket of giant reed (Arundo donax, FACW), which appears to allowexcess water in thewetland to drain. The wetland area is restricted on the south by the Avon Street curb and on the north by a steep slope, such that wetland area typically ranges from two to six feet in width. In order to evaluate the need for buffers, measurements were taken beginning approximately 100 feet from the 215 Riverside Avenue property. For the entire 100-foot wetland segment nearest the 215 Riverside Avenue Property, the wetland is dominated by southern cattail with saltgrass understory and there are no arroyo willows within 100 feet of the 215 Riverside Avenue property. At the eastern pedestrian bridge, as depicted on Exhibit 3, the wetland vegetation transitions from mostly southern cattail to alkali bulrush (Schoenoplectus maritimus, OBL), which is the dominant wetland plant east of the pedestrian bridge. The area immediately east of the bridge exhibited surface water ofone to two inches in depth, with surface water no longer present toward the eastern extent of the alkali bulrush. As depicted on Exhibit 3, the wetland ends abruptly where the vegetation changes to a monoculture of alkali heliotrope (Heliotropium currasavicum, FACU) (Exhibit 4, Photographs 1). The area dominated by alkali heliotrope, immediately east of the wetland was evaluated for hydric soils and subsurface water. Neither were detected confirming that the extent of alkali bulrush is the limit of the wetland on the east. SECTION 1602 NOTIFCIATION REQUIREMENTS In an email to the City dated August 23, 2019, Mr. Charles Klobe made the following assertion: 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. In my professional opinion, I do not believe that the wetland within the Avon Street right-of-way meeting the California Fish and Game Code for a “Stream”; rather, the feature is best characterized as a “Slope wetland”. Nevertheless, this is a moot point because, as discussed below, the wetland area is 29 feet from the closest area of impact and thus, there would be no Notification Requirements under Section 1602 as there is no potential alteration of a streambed or lake. 245 MEMORANDUM September 23, 2019 Page 3 WETLAND BUFFERS As noted, during the September 3, 2019 site visit, I evaluated the functions of the potential wetland area to determine the need for setbacks or buffers in accordance with Section 21.30B.040.C of the Local Coastal Program, which states C. Wetland Buffers. A protective open space buffer shall be required to horizontally separate wetlands from development areas. Wetland buffers shall be of a sufficient size to ensure the biological integrity and preservation of the wetland. Wetlands shall have a minimum buffer width of one hundred (100) feet wherever possible. 1. Exception: Smaller wetland buffers may be allowed only where it can be demonstrated that: a. A one hundred (100) foot wide buffer is not possible due to site- specific constraints; and b. The proposed narrower buffer would be amply protective of the biological integrity of the wetland given the site-specific characteristics of the resource and of the type and intensity of disturbance. Existing Condition As described above, the wetland consists of a narrow strip (typically three- to six-foot-wide) immediately adjacent to the concrete curb along Avon Street, such that along the entire length of wetland, Avon Street is located approximately one to two feet from the wetland edge (see Exhibit 4, Photographs 2). The northern slope vegetated with mostly non-native species including overhanging Brazilian pepper trees (Schinus terebinthifolius), an invasive species,1 giant reed, also an invasive species 2 and non-native ornamentals such as plumbago (Plumbago capensis) and blue gum eucalyptus (Eucalyptus globulus), which line the majority of the slope. As depicted on Exhibit 3, the 215 Riverside Avenue site currently contains a vacant building with associated asphalt parking area. Immediately west of the parking area is a concrete wall that was constructed in a manner that encroaches on to City property and will be removed as a component of the project. As depicted on Exhibit 3, the existing retaining wall is located approximately 29 feet from the eastern-most extent of the wetland, which is approximately 39 feet west of the property line and the limit of development upon completion of the project. 1 https://www.cal-ipc.org/plants/profile/schinus-terebinthifolius-profile/ 2 https://www.cal-ipc.org/plants/profile/arundo-donax-profile/ 246 MEMORANDUM September 23, 2019 Page 4 Purposes for Wetland Buffers Wetland buffers are often necessary to protect or ensure the integrity/functions of wetlands with high resource value. Wetland functions typically are separated into three areas for purpose of evaluating functions and associated impacts: Hydrologic, Biogeochemical (Water Quality), and Biological. Wetland buffers often are necessary to protect one or more of these functions from degradation. The purpose of this analysis is to evaluate the potential effects of the proposed project at 215 Riverside Avenue. Hydrological/Hydrology As noted above, the source of water detected in the wetland is from groundwater that ultimately drains to the western-most end of the wetland, discharging to a culvert approximately 430 feet from the eastern end of the wetland. Thus, the proposed project would have no potential to affect the hydrology of the wetland area, which is totally dependent on a groundwater source unconnected to the proposed project. Wetlands also provide certain functions such as surface water storage, groundwater discharge and support of aquatic plants and animals. The proposed project exhibits no potential for changing the ability of the narrow wetland area to store limited amounts of surface water or groundwater originating from the adjacent slope that discharges to the wetland area. The project would also have no effect on the hydrology such that changes to wetland species would be caused by the project. Other potential biological impacts are discussed below. Biogeochemical/Water Quality Buffers often protect wetlands from degradation of biogeochemical functions such as sediment inputs, discharge of pollutants originating from landscaped areas, discharge of pollutants as street runoff, or pollutants from other sources. Any potential impacts to water quality during construction would be fully addressed through project BMPs such as silt fence, straw wattle, and other necessary protections determined in coordination with the City. In the post-project condition, the proposed project would have no potential to impact water quality. Biological/Habitat Functions As noted above, the cattail-dominated wetland is immediately adjacent to Avon Street, typically within a few feet of the street for its entire length as can be seen on Exhibit 4, Photographs 1 and 2. Thus, based on the existing conditions, as summarized above, the wetland exhibits very limited functions for wildlife, given the immediate surroundings, larger urban environment, very high “edge to habitat area” ratio, and the general low-value of cattails as habitat for special-status plants and animals. This is also the case for the area dominated by alkali bulrush east of the eastern 247 MEMORANDUM September 23, 2019 Page 5 pedestrian bridge, which has a much lower stature than the cattails (three feet for the bulrush and over ten feet for the cattails). Given the low-habitat value associated with the narrow strip of cattail and alkali bulrush, the proposed project at 215 Riverside Avenue would have no potential for indirect impacts on biological resources (as noted above, temporary grading would be approximately 29 feet from the eastern edge of the wetland) and in the final project, any potential development would be 39 feet from the wetland which is identical to the existing condition. Thus, in the final project configuration, there would be no development within 39 feet of the wetland, identical to the current conditions. The 39-foot set back in the final configuration would provide more than adequate protection of the wetland, given that it is of low value and within one or two feet from Avon Street for the entire length. CONCLUSIONS The Avon Street Wetland is a slope wetland or groundwater fed wetland that has been documented at this location since at least 1989. The proposed development at 215 Riverside Avenue would have no potential to affect the wetland directly through dredging, filling, or other alteration. The proposed development would not affect the functions of the wetland which is located as close as two feet from Avon Street along its entire length, limiting the wetland functions. The proposed development has no potential to affect the wetland hydrology, which consists of discharging groundwater. The proposed project also exhibits no potential to affect biogeochemical (water quality) functions and would not affect potential habitat functions. Thus, the proposed development has not potential to adversely affect the Avon Street Wetland. 248 Copyright:© 2013 National Geographic Society, i-cubedAdapted from USGS Newport Beach OE S, CA quadrangle Vicinity MapPROJECT LOCATION0 1,000 2,000 4,000 Feetm215 RIVERSIDE AVENUEExhibit 1249 X:\0363-THE REST\0560-22PLOV\215RiversideAve\560-22_GIS\WetlandGIS\560-22_215RiversideAve_Wetland_Ex2.mxd07014035Feetm215 RIVERSIDE AVENUEWetland MapExhibit 2Coordinate System: State Plane 6 NAD 83Projection: Lambert Conformal ConicDatum: NAD83Map Prepared by: B. Gale, GLADate Prepared: September 5, 2019Riverside Avenue1 inch = 70 feetWallPedestrianBridgeWetlandPacific Coast HighwaySanta Ana Avenue250 X:\0363-THE REST\0560-22PLOV\215RiversideAve\560-22_GIS\WetlandGIS\560-22_215RiversideAve_Wetland_Ex3.mxd0204010Feetm215 RIVERSIDE AVENUEWetland MapExhibit 3Coordinate System: State Plane 6 NAD 83Projection: Lambert Conformal ConicDatum: NAD83Map Prepared by: B. Gale, GLADate Prepared: September 5, 20191 inch = 20 feetWallPedestrianBridgeWetlandSanta Ana Avenue251 Photograph 1: Wetland ends at Bulrush transition to alkali heliotrope in center of photo. Photograph 2: Photograph cattail dominated wetland and proximity to Avon Street curb west of eastern pedestrian bridge.Exhibit 4Site Photographs215 RIVERSIDE AVENUE PROJECT252 253 254 255 256 257 258 259 260 261 262 Attachment No. PC 6 Public Comments 263 INTENTIONALLY BLANK PAGE264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 October 8, 2019 VIA E-MAIL ONLY Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Email: planningcommissioners@newportbeachca.gov Re: The Garden Office and Parking Structure Proposed Project Dear Chair Koetting and Fellow Commissioners: This letter concerns the City of Newport Beach’s (“City”) Planning Commission’s (“Planning Commission”) continued public hearing on October 17, 2019 with regard to the Garden Office and Parking Structure matter. Specifically, the project applicant, 215 Riverside LLC (“Applicant”), requests that the Planning Commission approve Coastal Development Permit No. CD2019-023, Conditional Use Permit No. UP2019-003 1, and Modification Permit No. MD2019-003 (collectively the “Requested Entitlements”) to demolish the existing office and restaurant building and associated 17 surface parking spaces and construct a new 2,830 square foot office building and multi-level parking structure containing 47 spaces (“Proposed Project”2) at 215 Riverside Avenue (“215 Riverside”). Our office is legal counsel for Ernest Castro (2915 Cliff Drive), Jack Staub (2911 Cliff Drive), Stefanie and Troy Pilalas (2907 Cliff Drive), Hal Woods (2919 Cliff Drive), three of which own homes contiguous with 215 Riverside and the fourth owns a house overlooking 215 1 The Conditional Use Permit is required because the Applicant desires to construct a parking structure adjacent to a residential zone. The City’s Zoning Code at section 20.40.070(B)(3) provides: “When adjacent to a residential zoning district, the development of structured parking, including rooftop parking, shall require the approval of a conditional use permit to address potential impacts to adjacent residential uses.” The City’s Zoning Code thus mandates that the Planning Commission consider the impact of the Proposed Project on the Adjacent Homeowners and either deny a requested conditional use permit if the Proposed Project’s “potential impacts” will be too significant on the Adjacent Homeowners, or, at minimum, condition approval of the requested conditional use permit for the Proposed Project with sufficient requirements to resolve the “potential impacts” on the Adjacent Homeowners. Critical here, section 20.40.070(B)(3) uses the term “potential impacts,” which requires that the Planning Commission consider all potential uses of the Proposed Project and resolve the potential impacts due to those potential uses. 2 As discussed below, while the Applicant has separated the proposed project at 215 Riverside from its proposed restaurant project across the street at 2902 West Coast Highway, the two are integrally related and must be considered as one project. 415 Planning Commission City of Newport Beach October 8, 2019 Page 2 Riverside (collectively the “Adjacent Homeowners”). The Adjacent Homeowners will each be materially and substantially negatively impacted by the Proposed Project, which is next door to their homes. The Adjacent Homeowners’ homes relative to the Proposed Project is depicted on Attachment “A” to this letter. The Adjacent Homeowners respectfully request that the Planning Commission deny the Requested Entitlements because the Applicant has purposefully submitted an incomplete application for the Proposed Project to facilitate unlawful project-splitting, and the approval of the Requested Entitlements would violate applicable laws, including, in part, the California Environmental Quality Act (“CEQA”), Public Resources Code (“Pub. Res. Code”) sections 21000 et seq., and the Guidelines for Implementation of the California Environmental Quality Act (“Guidelines”), California Code of Regulations, Title 14, Division 6, Chapter 3. The Application for the Proposed Project is Incomplete Since it is Inextricably Linked to the Proposed Garden Restaurant Project Gary Jarbara, the principal of the Applicant, is also the owner of the Garden Shopping Center (“Garden Shopping Center”) located across Avon Street from 215 Riverside. On January 14, 2019, Mr. Jarbara filed application number PA2019-006 with the City for entitlements relating to the proposed Garden Restaurant in the Garden Shopping Center at 2902 West Coast Highway (“Proposed Restaurant Project”). The City determined that a coastal development permit, operator license, site development review, traffic study, and use permit would be required for the Proposed Restaurant Project. The City’s website indicates that it transmitted a letter to the applicant on August 15, 2019 that the application for the Proposed Restaurant Project was incomplete, which is the last status entry. The Staff Report for the Planning Commission’s August 22, 2019 public hearing concerning the Proposed Project (“Staff Report”) indicated that: “The project is intended to support off-site parking for future restaurants with The Garden shopping center located south of the project site across Avon Street” and that “[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.” (Page 5.) The Parking Management Plan submitted by the Applicant from RK Engineering Group, Inc. dated May 16, 2019 in support of the Proposed Project (“Parking Management Plan”), included as Attachment No. PC 3 to the Staff Report, states that “[t]he remaining 35 non-tandem parking spaces onsite [at the Proposed Project’s parking structure] will be utilized for overflow parking from restaurant use located at 2902 West Coast Highway.” (Page 2.) The Parking Management Plan adds that the 35 non-office related parking spaces “will satisfy the off-site parking requirements for the CUP application for 2902 West Coast Highway.”) (Page 2.) Despite the above, the Applicant has contended that the Proposed Project and the Proposed Restaurant Project are separate. Even more confounding, City’s Staff has supported the Applicant’s demonstrably false argument that the two projects are separate. They are not. As set forth in the Staff Report and the materials submitted by the Applicant in support of the 416 Planning Commission City of Newport Beach October 8, 2019 Page 3 Proposed Project, the unequivocal intent of the Applicant is to include the proposed parking structure’s 35 new non-office related parking spaces to the potential Garden Restaurant’s tenant for valet and other parking purposes. The conditional use permit for offsite parking requested for the Proposed Restaurant Project is to be satisfied through the Proposed Project’s parking structure. Simply put, the two projects have been expressly and explicitly tied together by the Applicant, as acknowledged by the City, and thus, at minimum, the City is required to consider the proposed parking structure as part of the Proposed Restaurant Project’s application. As a result, the Adjacent Homeowners request that the City deem the Proposed Project’s application to be incomplete and require that it be joined with the application for the Proposed Restaurant Project so both projects can properly be considered together. The Adjacent Homeowners thank Chairperson Koetting and Commissioner Ellmore for their support in this regard during the August 22, 2019 and October 3, 2019 public hearings and respectfully urge the remaining Commissioners to support the same. The Proposed Project Would Violate CEQA’s Project-Splitting Prohibition Given the foregoing nexus, CEQA requires that the City consider the environmental impacts of the Proposed Project’s parking structure together with the Proposed Restaurant Project. “A public agency may not divide a single project into smaller individual projects in order to avoid its responsibility to consider the environmental impacts of the project as a whole.” (Sierra Club v. West Side Irrigation District (2005) 128 Cal.App.4th 690, 698.) This is because CEQA’s requirements “cannot be avoided by chopping up proposed projects into bite-size pieces which, individually considered, might be found to have no significant effect on the environment or to be only ministerial.” (Topanga Beach Renters Assn. v. Department of General Services (1976) 58 Cal.App.3d 188, 195-196; See also, Bozung v. Local Agency Formation Commission (1975) 13 Cal.3d 263, 283-284.) As a result, not only is the environmental analysis incomplete when split into sub-projects, but appropriate mitigation measures may be erroneously omitted. For CEQA purposes, a “project” means “the whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment ….” (Guidelines § 15378.) As explained in Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1976) 59 Cal.App.3d 959 at page 969, “in elaborating on the definition of the term ‘project,’ the Guidelines emphatically underline that it means the Whole of an action which has the potential for physical impact on the environment, and that ‘The term ‘project’ refers to the underlying activity and not the governmental approval process.’” As a result, separate activities constitute one “project” when “both activities are integral parts of the same project” (Id.) or “the future expansion or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effects” (Laurel Heights Improvement Assn. v. Regents of the University of California (1988) 47 Cal.3d 376, 396). Here, as set forth in the Staff Report and the materials submitted by the Applicant in support of the Proposed Project, the Proposed Project’s parking structure is an integral part of the Proposed Restaurant Project since it is intended to be used in connection with the Garden 417 Planning Commission City of Newport Beach October 8, 2019 Page 4 Restaurant and it is intended to satisfy the requirements of the conditional use permit sought for the Garden Restaurant for offsite parking. The Proposed Restaurant Project, based upon the current application, would not be possible but for the creation of 35 extra parking spaces through the Proposed Project. Moreover, since the use of the Proposed Project’s parking structure has been tied to the Garden Restaurant’s operation, the subsequent approval of the Garden Restaurant’s operation would constitute a significant future expansion or action as it would likely change the scope and nature of the Proposed Project and the Proposed Project’s environmental effects since the Proposed Project’s parking structure would not merely be for surplus parking from the Garden Shopping Center, but rather would be a dedicated, ongoing use for parking to facilitate the Garden Restaurant’s operation. The Applicant’s unlawful attempt to piecemeal is critically important because the City has wrongfully considered the environmental impacts of the Proposed Project in a vacuum without considering the integrated role it will play with the Proposed Restaurant Project and the cumulative environmental impacts of the two proposed projects together. The Applicant has purposefully separated the two inextricably linked projects in order to avoid CEQA’s required substantive environmental review of the projects. Separating the projects has made it easier for the Applicant to wrongly contend that the Proposed Project is subject to a categorical exemption from CEQA’s requirements. The Applicant has already made the same specious claim with respect to the Proposed Restaurant Project, which the City’s Staff indicated during the Planning Commission’s August 22, 2019 public hearing is presently being analyzed. The environmental studies purportedly supporting the Proposed Project’s eligibility for a Class 32 categorical exemption narrowly examine the anticipated use of the Proposed Project without any influence from the Proposed Restaurant Project. This both wrongly minimizes the foreseeable environmental impacts of the Proposed Project to a less-than-significant basis by excluding environmental ramifications of the interconnected use of the two projects and avoids cumulatively analyzing the foreseeable environmental impacts of the two projects together such that they may individually be less-than-significant. As a practical example, the Proposed Restaurant Project seeks approval for the Garden Restaurant to operate until 1:00 a.m. from Friday through Sunday. Given the intended use of the Proposed Project’s parking structure for benefit of the Garden Restaurant, there will be foot traffic between the Garden Restaurant and the Proposed Project site, which is separated by Avon Street and most of the Garden Shopping Center and vehicular traffic entering and existing the Proposed Project site until after 1:00 a.m. on those days. None of the environmental studies purportedly to support the Applicant’s Class 32 exemption account for or include the foreseeable significant impacts from this interconnected use. The Adjacent Homeowners have grave concerns about the noise, light and glare, traffic and circulation, and aesthetic environmental impacts of the Proposed Project, particularly when applied to the sought use of the Proposed Project’s parking structure for purposes of the Garden Restaurant’s operation, which, contrary to CEQA’s requirements, simply have not been analyzed in the technical reports purportedly supporting the Applicant’s requested exemption. Given the foregoing, CEQA requires that the Proposed Project and the Proposed 418 Planning Commission City of Newport Beach October 8, 2019 Page 5 Restaurant Project be considered together as one “project” and that appropriate environmental review of that “project” be completed. The Proposed Project does not Quality for a Class 32 Categorical Exemption The Applicant seeks to avoid required environmental review of the Proposed Project by speciously asserting it is subject to a Class 32 categorical exemption from CEQA’s requirements. Guidelines section 15332 provides that a Class 32 exemption applies for “projects characterized as in-fill development meeting conditions described in this section.” Those conditions are: “(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. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. (e) The site can be adequately served by all required utilities and public services.” Even if a proposed project might qualify for a Class 32 exemption, that exemption will not apply if any of the exceptions listed in Guidelines section 15300.2 applies to the proposed project. (See, Bloom v. McGurk (1994) 26 Cal.App.4th 1307, 1312.) Relevant to the Proposed Project, exceptions listed in section 15300.2 include: “(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” The Proposed Project does not qualify for a Class 32 exemption because it is not consistent with all applicable general plan policies, the potential significant effects of the Proposed Project relating to traffic, noise, air quality or water quality have not been appropriately analyzed, and the City has failed to analyze the exceptions to the potential exemption. 419 Planning Commission City of Newport Beach October 8, 2019 Page 6 The Proposed Project is not Consistent with Applicable General Plan Policies The Proposed Project does not qualify for a Class 32 categorical exemption because is not consistent with all applicable general plan policies. For example, the policy set forth in LU 5.2.2 Buffering Residential Areas of the General Plan provides that the City is to “[r]equire that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: Incorporation of landscaping, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; Attractive architectural treatment of elevators facing the residential neighborhood; Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy.” The Proposed Project’s creation of a two-story parking structure is incompatible with the adjoining residential houses and fails to adequately minimize impacts by facilitating the parking of nearly three times the number of vehicles than 215 Riverside’s current configuration, many of which will be substantially closer to the residential houses than the current configuration, and which will be used far more frequently and in a substantially more intrusive manner than the current configuration, including the previously non-existent nighttime use. As another example, the policy set forth in LU 6.19 states that Mariners’ Mile to be “[a] corridor that reflects and the takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway.” As set forth in the preceding paragraph, the Proposed Project’s parking structure facilitates an intensity of use that fails to respect the adjoining residential houses. As a further example, the policy set forth in CE 7.1.8 Parking Configuration calls for “[s]ite and design new development to avoid use of parking figuration or management programs that are difficult to maintain and enforce.” The Proposed Project’s parking structure being offsite from the Garden Restaurant and intended to be used for valet parking creates a difficult parking figuration and management program as identified by the requirement that the City issue a conditional use permit to allow the same. Moreover, the use of tandem parking spaces intended to serve both those working in and visiting the Proposed Project’s office building also creates a difficult parking figuration and a parking management program that is difficult to maintain and enforce; Chairperson Koetting acknowledged the same in his questioning to the City’s Staff during the August 22, 2019 public hearing. The Applicant has proposed to satisfy the 12 required office-dedicated parking spaces through unconventional and tedious tandem parking spaces—with employees parking in the tandem’s back space and customers parking in the tandem’s front space—so that the Applicant can maximize the number of non-office dedicated parking spaces in the Proposed Project’s parking structure for purposes of the Garden Restaurant’s operation. The City has not Sufficiently Analyzed the Proposed Project’s Potential Significant Effects Relating to Traffic, Noise, Air Quality, and Water Quality The Proposed Project does not qualify for a Class 32 categorical exemption because the City has not analyzed whether the Proposed Project would potentially have significant 420 Planning Commission City of Newport Beach October 8, 2019 Page 7 effects relating to traffic, noise, air quality, and water quality. Most notably, the City’s environmental analysis of the Proposed Project is incomplete and deficient since it has narrowly examined the environmental impacts of the Proposed Project without considering the Proposed Restaurant Project. As set forth above, the Proposed Project and the Proposed Restaurant Project are one “project” for CEQA purposes and the environmental impacts of the same must be considered together. Since the City has not done so there is not substantial evidence in the record to potentially support a finding that the Proposed Project will not have potentially significant effects relating to traffic, noise, air quality, and water quality. Exemplifying this failure, no traffic study supports the requested Class 32 categorical exemption and thus the potential significant environmental impacts of the Proposed Project in terms of traffic and circulation have not been studied or considered by the City. This is because the City did not require the Applicant to prepare a traffic study as the City calculated the average daily trips attributable to the Proposed Project based only on the Proposed Project’s office use. (Staff Report at p. 5 & “Trip Generation Calculations” at p. 82 of Staff Report.) The problem is the Proposed Project’s parking structure expressly is not limited to the Proposed Project’s office use. Calculating the average daily trips attributable to the Proposed Project based solely on its office use fails to reflect the intended use of the Proposed Project as a whole by incompletely and misleadingly limiting the trip generation calculation to only one of multiple intended uses—thereby ignoring any trips attributable to the intended use of 35 non-office related parking spaces for purposes of the Garden Restaurant’s operation. The administrative record therefore fails to support a potential finding that the Proposed Project will not generate an increase of 300 average daily trips, thereby triggering the requirement for the preparation of a traffic study. Given this failure, there is not substantial evidence in the administrative record to support a potential finding that the Proposed Project will not have a significant effect on the environment in terms of traffic and circulation. Also demonstrating the failure of the City to properly analyze the environmental impacts of the Proposed Project, the Staff Report notes the noise and light/glare disturbances that parking facilities may have on adjacent residences yet concludes that “[t]he proposed parking structure provides more parking spaces … but the impacts from vehicle movements will be similar to that of existing conditions.” (Page 6.) Contradicting that conclusion, the Staff Report notes on the next page that “[t]he 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” and that “[t]he operation and use of the 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.” (Page 7.) Given the Applicant’s express intention to use the 35 non-office related parking spaces of the Proposed Project’s parking structure for the Garden Restaurant, the City must analyze the environmental impacts of the Proposed Project’s parking structure use for both office and the Garden Restaurant’s purposes. That analysis has not been completed and thus again, the administrative record does not contain substantive evidence to support a potential finding that the Proposed Project will not have a significant effect on the environment in terms of noise and light/glare. 421 Planning Commission City of Newport Beach October 8, 2019 Page 8 The City has not Analyzed the Exceptions to a Potential Class 32 Categorical Exemption The City’s analysis of the Proposed Project’s eligibility for a Class 32 categorical exemption is necessarily incomplete and unsupportable since it does not consider or analyze whether any of the Guidelines section 15300.2 exceptions apply to the Proposed Project. For example, Guidelines section 15300.2, subdivision (b)’s exception based on cumulative impacts has not been addressed in any fashion. In the unforeseeable situation that the Planning Commission disagrees with the above project-splitting problems, at minimum, the Proposed Project and the Proposed Restaurant Project would contribute to cumulative impacts given the discussed nexus between the projects and those cumulative impacts have not been addressed in any manner through the City’s analysis to date thus making the City’s Class 32 categorical exemption analysis fatally deficient. As another example, Guidelines section 15300.2, subdivision (c)’s exception based upon significant effect on the environment due to unusual circumstances has not be discussed. The Proposed Project presents “unusual circumstances” because its parking structure is intended to be used for offsite valet parking for the Garden Restaurant. The City’s requirement that a conditional use permit be granted for such offsite parking demonstrates that the City considers such a configuration to be unusual, otherwise a discretionary entitlement would not be required for the same. The “unusual circumstance” has a direct nexus to a reasonable possibility of the Proposed Project having significant environmental impacts in terms of noise, light/glare, aesthetics, and traffic/circulation due to the incredible increase in the intensity of use versus existing conditions, which has not been considered and analyzed by the City as set forth above. Given the myriad deficiencies with the Proposed Project as set forth in this letter, the Adjacent Homeowners respectfully request that the Planning Commission either deny the Proposed Project or, at a minimum, require that the Proposed Project be considered as part of the same “project” as the Proposed Restaurant Project. Very truly yours, BERDING & WEIL LLP Aaron J. Ehrlich Partner aehrlich@berdingweil.com Enclosure cc: Makana Nova Associate Planner City of Newport Beach Email: mnova@newportbeachca.gov 422 Planning Commission City of Newport Beach October 8, 2019 Page 9 James Campbell Deputy Community Development Director City of Newport Beach Email: jcampbell@newportbeachca.gov Seimone Jurjis Community Development Director City of Newport Beach Email: sjurjis@newportbeachca.gov Grace K. Leung City Manager City of Newport Beach Email: gleung@newportbeachca.gov Leilani I. Brown City Clerk City of Newport Beach Email: lbrown@newportbeachca.gov Aaron C. Harp City Attorney City of Newport Beach Email: aharp@newportbeachca.gov 423 Attachment “A” 424 Project Site2919 Cliff DriveWoods Residence2915 Cliff DriveCastro Residence2907 Riverside Pilalas Residence 2911 Cliff DriveStaub Residence 425 From: Lee, Amanda Sent: Wednesday, October 09, 2019 7:43 AM To: Nova, Makana Subject: FW: Riverside Ave Project - I AM FOR IT! From: Constance Esposito <constance@dfgnewport.com> Sent: Monday, October 07, 2019 1:01 PM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Subject: Riverside Ave Project - I AM FOR IT! Hello, I received a propaganda flyer from a neighbor to fight this. (Portia Weis who should be banned from anything the City tries to do). I am on your side – I want the further development of these parcels as it add to the Newport Heights area. 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My wife Kathe and I raised both of our sons in Newport Beach, and they now reside here with their families. After living in Corona del Mar and on Lido, my wife and I chose to build our dream retirement home in Newport Heights, largely because of its views and charm as a quiet, “old school” Newport Beach community. Our home value and quality of life is now being jeopardized by the proposed roof top restaurant in the Garden Plaza on PCH. It is our understanding that the restaurant operator has applied for late night hours on Friday, Saturday, and Sunday until 1:00am. So this means we would be forced to keep our windows closed on beautiful summer nights because of the noise, and our drapes drawn because of the lights. And we expect our street to resemble a parking lot due to all of the traffic. In essence, we are being asked to subsidize this new restaurant by giving up our right to quiet enjoyment and experiencing a significant diminution in the value of our home. And in return for what? We are struggling to see the fairness and equity in this. It is our understanding that the developer of Garden Plaza and the 215 Riverside building is attempting to obtain approval for both projects independently. This is both deceitful and disingenuous. Clearly the parking structure at 215 Riverside is being developed to accommodate the parking shortage at Garden Plaza and the proposed restaurant. We strongly believe they should be treated as one project and are respectfully asking the planning commission to do so in the approval process. Otherwise the City will give up any leverage in negotiations with the developer concerning mitigation requirements for noise, view corridor intrusion and light pollution caused by the restaurant. Those of us who are fortunate enough to live in Newport Beach do not want it to become another Marina Del Rey or Huntington Beach, and we trust the planning commission to share and protect this vision. I believe it was Oliver Wendell Holmes who once stated: “your right to swing your arm ends where my nose begins”. We believe the developer’s right to develop his project ends where it impacts the quality of lives in our wonderful neighborhood. Thank you for your service and consideration. 435 Sincerely, BBruce A. Choate Office: (949) 673-0559 Cell: (310) 344-2016 bruceachoate@gmail.com 2924 Cliff Drive Newport Beach, CA 92663 436 437 From: Lee, Amanda Sent: Monday, September 30, 2019 7:45 AM To: Nova, Makana Subject: FW: Garden's Roof top dining/parking structure Follow Up Flag: Follow up Flag Status: Flagged -----Original Message----- From: Carrie Slayback <carrieslayback@gmail.com> Sent: Thursday, September 26, 2019 8:12 PM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Subject: Garden's Roof top dining/parking structure Dear Planning Commissioners, Please conduct an on site evaluation of The Garden’s parking striation and rooftop dining. Please require flags put up so residents know how much park and home views might be affected. Views from Cliff Drive Park, a designated view site, have been altered forever by buildings on PCH. None of them have ever been fully occupied. Please consider carefully the height of this proposal. Please look at traffic, especially ingress and egress as Riverside is the chosen route for bikes to/from school and for bikes and strollers/Junior Lifeguards to/from the beach. Please forward to me and to our Newport Heights Association the original designation of Cliff Drive as a view corridor. I do not know the formal designation. I know this was identified in past council and homeowner discussions. 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5HVSHFWIXOO\ +DUROG:RRGV$,$ 3UHVLGHQW&HQWHUVWRQH&RPPXQLW\:HVW &OLII'ULYH 1HZSRUW%HDFK&$    444 September 18, 2019 City of Newport Beach Planning Commission Civic Center 100 Civic Center Drive Newport Beach, CA 92660 Dear Chairman Koetting and Members of the Planning Commission, My name is Hal Woods. I reside at 2919 Cliff Drive. For the past 30 years, I have raised my children, built my business, and made my home in Newport Beach. I am proud to live here, and the Newport Beach community will always be a rewarding and integral part of my life. I am writing to address the proposed office building, parking structure, and roof top parking at 215 Riverside Drive, as well as the roof top restaurant/bar proposed at the Garden Restaurant. Although I recognize that progress and development are invaluable and inevitable, the foregoing proposed projects will create a severe hardship for those of us who live directly adjacent. These hardships-- including excessive noise, air pollution, light pollution, and extended hours of operation-- will adversely affect my quality of life. As you ought to agree, roof top parking is simply not compatible with residential homes directly above. Ultimately, the proposals for development of 215 Riverside Drive and the Garden Restaurant will interfere with the quiet use and enjoyment of nearby properties, including my own, in a way that is unconscionable and unacceptable. Recently, I had the opportunity to meet the architect, Councilman Avery, and former Councilwoman Daigle regarding the proposed projects. At that time, I was informed that the 215 Riverside Drive property was going to be developed into a 2,800 square foot office building with standard operating hours between 8:00 a.m. and 5:00 p.m. Neither the Council members nor the architect made any mention of a roof top parking structure. Although the architect mentioned that the roof top would look different from others in the vicinity, there was no mention whatsoever of using that parking structure as a roof top parking lot and/or valet service for the new restaurant going in facing Pacific Coast Highway. I feel that the details of this proposed project were blatantly misrepresented to me. Moving forward, I would greatly appreciate a heightened degree of transparency regarding this entire project. I am a real estate developer by trade. Of course, I understand that change and progress are vital and necessary. Nevertheless, I cannot fathom why development projects such as those proposed for the 215 Riverside Drive property and the Garden Restaurant would even be considered by the esteemed members of the Planning Commission. The proposed projects will negatively impact countless neighboring residents in countless ways. Adjacent property owners will be 445 Page 2 saddled with the adverse effects of the projects every day, from the very early hours of the morning and into the evening. In addition, I anticipate that the projects will diminish the value of my property and those around me-- a factor that must be considered if in fact this project is approved. As a longtime Newport Beach resident, I sincerely appreciate that you represent my interests. You provide residents like me with a voice to be heard on issues like this, which I consider of the highest importance. I support your staff's proposal for a continuance on these hearing items to the October 3, 2019, hearing. I will be in attendance. Thank you for your time and consideration. Respectfully, Harold G. Woods, Jr. A.I.A. President Home Address: 2919 Cliff Drive, Newport Beach, CA 92663 Cell Number: 714-200-4915 446 447 448  1RYD0DNDQD )URP/HH$PDQGD 6HQW6HSWHPEHU$0 7R1RYD0DNDQD 6XEMHFW):5LYHUVLGH'ULYH'HYHORSPHQW*$5'(1352-(&7  ͲͲͲͲͲKƌŝŐŝŶĂůDĞƐƐĂŐĞͲͲͲͲͲ &ƌŽŵ͗ĂŶŽLJĚфĚďŽLJĚϯΛŵĞ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂLJ͕^ĞƉƚĞŵďĞƌϭϵ͕ϮϬϭϵϵ͗ϰϲD dŽ͗,ĂůtŽŽĚƐфŚĂůΛĐĞŶƚĞƌƐƚŽŶĞ͘ĐŽŵх Đ͗WůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶĞƌƐфWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶĞƌƐΛŶĞǁƉŽƌƚďĞĂĐŚĐĂ͘ŐŽǀх͖WĞŐŐLJWĂůŵĞƌфƉǀƉĂůŵĞƌΛŝĐůŽƵĚ͘ĐŽŵх͖ ^ƚĞĨĂŶŝĞD͘^ŝƚnjĞƌфƐƐŝƚnjĞƌΛƐŝƚnjĞƌůĂǁŐƌŽƵƉ͘ĐŽŵх͖:ĂĐŬ^ƚĂƵďфũƐƚĂƵďΛĐƌŝƚŝĐĂůŝŽ͘ĐŽŵх͖ŽƌĂůĞĞEĞǁŵĂŶ фĐŽƌĂΛŐŽǀƐŽů͘ĐŽŵх͖ƌŶĞƐƚsĂƐƚƌŽͲ/фĞǀĐŵĂŶĂŐĞŵĞŶƚΛĐĞŶƚĞƌƐƚŽŶĞ͘ĐŽŵх͖^ĂŶĚƌĂLJƌĞƐфƐƐĂLJƌĞƐΛŵĞ͘ĐŽŵх͖:ŝůů LJƌĞƐфũƐĂLJƌĞƐΛĂŽů͘ĐŽŵх͖:ĞĚZŽďŝŶƐŽŶфŶĞǁƉŽƌƚŚĞŝŐŚƚƐĂƐƐŽĐΛŐŵĂŝů͘ĐŽŵх ^ƵďũĞĐƚ͗ZĞ͗ZŝǀĞƌƐŝĚĞƌŝǀĞĞǀĞůŽƉŵĞŶƚͲ'ZEWZK:d  'ƌĞĂƚůĞƚƚĞƌ͘ŝƐƚƵƌďŝŶŐƚŽŶŽƚĞƚŚĂƚŝŶLJŽƵƌŵĞĞƚŝŶŐǁŝƚŚͬDǀĞƌLJĂŶĚƚŚĞĂƌĐŚŝƚĞĐƚƚŚĞLJĨĂŝůĞĚƚŽĚŝƐĐůŽƐĞƚŚĞƌŽŽĨ ƚŽƉĐŽŵƉŽŶĞŶƚ͊  /ǁŝůůĂůƐŽĚƌĂĨƚĂůĞƚƚĞƌĐŽŶĚĞŵŶŝŶŐĐŽŶƐŝĚĞƌĂƚŝŽŶŽĨũƵƐƚƉĂƌƚŽĨĂƉƌŽƉŽƐĂůƌĂƚŚĞƌƚŚĂŶƚŚĞĞŶƚŝƌĞƐĐŚĞŵĞ͊  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GHOLYHUHGZLWKLQWHQ  GD\VWRWKLVRIILFH x $UWLFOHVRI,QFRUSRUDWLRQ x ,GHQWLWLHVRIDOO'LUHFWRUVDQG2IILFHUV x%\ODZV x &RQIOLFWRI,QWHUHVW&RGH x &RSLHVRIWD[UHWXUQVIRUWKHSDVW\HDUV x 0HHWLQJPLQXWHVIRUODVW\HDUV 7KDQN\RXIRU\RXUDQWLFLSDWHGDQGLPPHGLDWHFRRSHUDWLRQ3OHDVHFRQWDFWPHZLWKDQ\TXHVWLRQVRUWR IXUWKHUGLVFXVVWKLVPDWWHU3OHDVHQRWHWKDWZHH[SUHVVO\UHVHUYHDQGGRQRWZDLYHDQ\DQGDOOULJKWV DQGUHPHGLHV 6LQFHUHO\ 7RGG$%RRFN  7$% FF 1HZSRUW%HDFK3ODQQLQJ&RPPLVVLRQ 1HZSRUW%HDFK&LW\$WWRUQH\ 0DNDQD1RYD$,&3$VVRFLDWH3ODQQHU \ 7RGG $ %RRFN 457 From: Peggy Palmer <pvpalmer@icloud.com> Sent: September 04, 2019 2:41 PM To: Nova, Makana; Ramirez, Gregg Cc: James Carlson; Stefanie M. Sitzer; Jed Robinson; Siobhan Robinson; Carol Dru; Charles Klobe; Luke Dru Subject: Garden Project Meeting Makana and Greg, Thank you for taking time out of your busy schedule to discuss the Garden Project that includes the office / parking area, as well as, the restaurant portion of the development with the members of the Newport Heights Improvement Association and the Cliff Haven Community Association. The applicant, Mr. Gary Jabara has created such a beautiful plaza and his contribution to our community should be commended; however, moving forward, we have an issue with the applicant only presenting one portion of the project, (office / open roof-top parking structure), and not presenting the entire project, (restaurant with an open roof- top deck), as a whole and its cumulative impacts. The community should have an opportunity to fully comprehend both of these projects, as they are obviously an intregal part of one another and presenting them together would provide full transparency of the potential impacts to the residents. Once again, we thank you and if you should have any additional questions, please do not hesitate to contact any one of our board members. Peggy V. Palmer 458 Cliff Haven Board Member (949) 887-2471 459 460 461 462  'ŽŽĚĚĂLJDƌ͘ŚĂŝƌŵĂŶĂŶĚŵĞŵďĞƌƐŽĨƚŚĞWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶ͘ DLJŶĂŵĞŝƐŚĂƌůĞƐ<ůŽďĞ͘/ĂŵĂƌĞƐŝĚĞŶƚŽĨEĞǁƉŽƌƚ,ĞŝŐŚƚƐĂŶĚĂďŽĂƌĚŵĞŵďĞƌŽĨ ƚŚĞEĞǁƉŽƌƚ,ĞŝŐŚƚƐ/ŵƉƌŽǀĞŵĞŶƚƐƐŽĐŝĂƚŝŽŶ͘dŽĚĂLJ/ĂŵƐƉĞĂŬŝŶŐĨŽƌƚŚĞďŽĂƌĚ͘ KƚŚĞƌƐŚĞƌĞƚŽŶŝŐŚƚǁŝůůĂƐŬLJŽƵƚŽĚĞůĂLJƚŚŝƐƉƌŽũĞĐƚĨŽƌŵŽƌĞƌĞǀŝĞǁ͘/ĂŵĂƐŬŝŶŐLJŽƵƚŽ ĚĞŶLJŝƚŝŶŝƚƐĞŶƚŝƌĞƚLJ͘,ĞƌĞ͛ƐǁŚLJ͘ ƌĂǁŝŶŐLJŽƵƌĂƚƚĞŶƚŝŽŶƚŽƚŚĞƚŽƉŽĨŚĂŶĚǁƌŝƚƚĞŶƉĂŐĞϳ͕ĞůĞĐƚƌŽŶŝĐϱŽĨƚŚĞƐƚĂĨĨƌĞƉŽƌƚ ǁŚŝĐŚƐĂLJƐ͗͞dŚĞƉƌŽũĞĐƚŝƐŝŶƚĞŶĚĞĚƚŽƐƵƉƉŽƌƚŽĨĨͲƐŝƚĞƉĂƌŬŝŶŐĨŽƌĨƵƚƵƌĞƌĞƐƚĂƵƌĂŶƚƐ ǁŝƚŚŝŶdŚĞ'ĂƌĚĞŶƐŚŽƉƉŝŶŐĐĞŶƚĞƌůŽĐĂƚĞĚƐŽƵƚŚŽĨƚŚĞƉƌŽũĞĐƚƐŝƚĞĂĐƌŽƐƐǀŽŶ^ƚƌĞĞƚ͘ ƐĞƉĂƌĂƚĞĐŽŶĚŝƚŝŽŶĂůƵƐĞƉĞƌŵŝƚ;hWͿŝƐƌĞƋƵĞƐƚĞĚĂƐƉĂƌƚŽĨĂƉƌŽƉŽƐĞĚƌĞƐƚĂƵƌĂŶƚĂƚ ϮϵϬϮtĞƐƚŽĂƐƚ,ŝŐŚǁĂLJĨŽƌŽĨĨͲƐŝƚĞƉĂƌŬŝŶŐĂŶĚƚŽĞƐƚĂďůŝƐŚĂƉĂƌŬŝŶŐŵĂŶĂŐĞŵĞŶƚ ƉůĂŶĨŽƌƚŚĞƐŚŽƉƉŝŶŐĐĞŶƚĞƌŝŶĐůƵĚŝŶŐǀĂůĞƚƉĂƌŬŝŶŐĨŽƌƚŚĞƉƌŽƉŽƐĞĚƐƚƌƵĐƚƵƌĞ͘͟  dŚŝƐǁŝůůďĞƚŚĞďĂƐŝƐĨŽƌĂYĐŚĂůůĞŶŐĞĂƐƚŚŝƐŝƐĂĐůĞĂƌǀŝŽůĂƚŝŽŶ͘/ĨƚŚĞƌĞŝƐĂŶĞdžƵƐŽƌ ĞǀĞŶĂƉƌŽďĂďůĞĐŽŶŶĞĐƚŝŽŶďĞƚǁĞĞŶƚŚŝƐƉƌŽƉŽƐĂůĂŶĚŽŶĞŝŶƚŚĞĨƵƚƵƌĞƚŚĂƚŝƐ ĐŽŶƚĞŵƉůĂƚĞĚ͕ƚŚĞŶ^ƚĂĨĨŶĞĞĚƐƚŽƌĞǀŝĞǁKd,ŝŶƚŽƚĂůŝƚLJ͘dŚŝƐŵĞĂŶƐŝŵƉĂĐƚƐƚŚĂƚƚŚĞ ŝƚLJƐĂLJƐĂƌĞ͞ŶŽŶͲĞdžŝƐƚĞŶƚ͟ƵŶĚĞƌƚŚĞĐƵƌƌĞŶƚƉƌŽƉŽƐĂůŵĂLJǀĞƌLJǁĞůůƐƵƌĨĂĐĞƵŶĚĞƌƚŚĞ ĨƵƚƵƌĞhW͘/ƚŝƐŵLJŽƉŝŶŝŽŶƚŚĂƚŝƚŝƐĂǀĞƌLJǁĞĂŬĐŽŶĐůƵƐŝŽŶƚŚĂƚŶŽŝŵƉĂĐƚƐŽĐĐƵƌƵŶĚĞƌ ĞŝƚŚĞƌƚƌĂĨĨŝĐ͕ŶŽŝƐĞŽƌůŝŐŚƚ͘/ĐĂŶ͛ƚŝŵĂŐŝŶĞǁŚLJƚŚĞŝƚLJǁŽƵůĚŶŽƚďĞĐŽŶĐĞƌŶĞĚǁŝƚŚ ĂĚĚŝƚŝŽŶĂůƚƌĂĨĨŝĐĐƌŽƐƐŝŶŐŽǀĞƌƚŚĞĞdžŝƐƚŝŶŐƐŝĚĞǁĂůŬĂƚZŝǀĞƌƐŝĚĞ͘,ŽǁŵĂŶLJƚŝŵĞƐĚŽ ŬŝĚƐ͕ĂĚƵůƚƐ͕ĞůĞĐƚƌŝĐďŝŬĞƐĂŶĚƐŬĂƚĞďŽĂƌĚƐƐĐƌĞĂŵĚŽǁŶƚŚĂƚƐŝĚĞǁĂůŬŽƌďŝŬĞůĂŶĞ͕ĂŶĚ ƚŚĞƌĞƚĂŝŶŝŶŐǁĂůůƐĞƌǀĞƐĂƚŽƚĂůďůŝŶĚƐŝĚĞ͘dŚĞĐĂƌƐĞdžŝƚŝŶŐŽŶƚŽZŝǀĞƌƐŝĚĞůĂƚĞĂƚŶŝŐŚƚ ǁŚĞŶƚŚŝƐŐĂƌĂŐĞƐĞƌǀĞƐĂƌĞƐƚĂƵƌĂŶƚĂĐƌŽƐƐƚŚĞƐƚƌĞĞƚŵƵƐƚďĞĂĚĚƌĞƐƐĞĚ͘zŽƵĂƌĞŐŽŝŶŐ ƚŽĂĚĚŵŽƌĞĐĂƌƐƚŽĂƉĂƌĐĞůƚŚĂƚŽŶůLJƌĞƋƵŝƌĞƐϭϮƐƉĂĐĞƐ͕LJĞƚĂůƐŽĂĚĚϯϱŵŽƌĞƐƉĂĐĞƐƚŽ ĂŶĂƌĞĂƚŚĂƚŝƐĂůƌĞĂĚLJĂƚƌŝƐŬ͍  hŶĚĞƌdƌĂĨĨŝĐ͗EŽƚƌĂĨĨŝĐƐƚƵĚLJŝƐƌĞƋƵŝƌĞĚ͘zĞƐ͕ƚŚĞƚƌĂĨĨŝĐĐŽƵŶƚŵĂLJŶŽƚďĞƐƵƉƉŽƌƚĞĚ ǁŝƚŚƚŚĞϮ͕ϴϬϬƐƋƵĂƌĞĨŽŽƚďƵŝůĚŝŶŐďƵƚǁŚĂƚŚĂƉƉĞŶƐǁŚĞŶƚŚŝƐƉĂƌŬŝŶŐŝƐƵƐĞĚĨŽƌ͞ŽĨĨͲ ƐŝƚĞ͟ƉĂƌŬŝŶŐĨƌŽŵŽƚŚĞƌƵƐĞƐƐƵĐŚĂƐƚŚĞƐƚĂƚĞĚĨƵƚƵƌĞƌĞƐƚĂƵƌĂŶƚ͍ŶĂŶĂůLJƐŝƐƐŚŽƵůĚĂƚ ůĞĂƐƚĐŽŶƚĞŵƉůĂƚĞŝŶͬŽƵƚŵŽǀĞŵĞŶƚƐŐŝǀĞŶŽƚŚĞƌƵƐĞƐĨƌŽŵƚŚĞƌĞƚĂŝůĂŶĚƌĞƐƚĂƵƌĂŶƚƐ ƚŚĂƚĐůĞĂƌůLJŐĞŶĞƌĂƚĞŵŽƌĞŝŶŐƌĞƐƐͬĞŐƌĞƐƐƚŚĂƚũƵƐƚϮ͕ϴϬϬƐƋƵĂƌĞĨĞĞƚĚƵƌŝŶŐǁŽƌŬŝŶŐ ŚŽƵƌƐDŽŶĚĂLJƚŚƌŽƵŐŚ&ƌŝĚĂLJ͘ŶĚĂůƐŽ͕ŶŽŝƐĞĂŶĚůŝŐŚƚ͘ŐĂŝŶ͕ƚŚĞƐĞŝŵƉĂĐƚƐŚĂǀĞŶŽƚ ďĞĞŶĐŽŶƐŝĚĞƌĞĚďLJƉŝĞĐĞŵĞĂůŝŶŐƚŚŝƐƉƌŽƉŽƐĂů͘  ŶLJŽŶĞǁŚŽŚĂƐďĞĞŶŚĞƌĞĂǁŚŝůĞƌĞŵĞŵďĞƌƐŚŽǁƚŚŝƐŽǁŶĞƌƚƌĞĂƚĞĚĞdžŝƐƚŝŶŐƚĞŶĂŶƚƐ ǁŚĞŶŚĞďŽƵŐŚƚƚŚĞƉƌŽƉĞƌƚLJ͘^ƵĐĐĞƐƐĨƵůůŽĐĂůďƵƐŝŶĞƐƐĞƐǁĞƌĞĨŽƌĐĞĚŽƵƚ͘dŚĞƌĞĂƌĞ ƚĞŶĂŶƚƐŝŶƚŚĞƐƵďũĞĐƚďƵŝůĚŝŶŐǁŝƚŚĞdžŝƐƚŝŶŐůĞĂƐĞƐƚŚĂƚƚŚĞŽǁŶĞƌŝƐŶŽƚĂĚĚƌĞƐƐŝŶŐ͘ 463 dŚĞŽǁŶĞƌĐůĞĂƌůLJŬŶŽǁƐƚŚĂƚŚĞEEKdƉƵƚŝŶĂƌĞƐƚĂƵƌĂŶƚĂĐƌŽƐƐƚŚĞƐƚƌĞĞƚƵŶůĞƐƐŚĞ ĐĂŶƉƌŽǀŝĚĞŵŽƌĞƉĂƌŬŝŶŐ͘^Ž͕ŚĞŝƐƉŝĞĐĞŵĞĂůŝŶŐƚŚŝƐƉƌŽƉŽƐĂůĂŶĚŚĞĐŽƵůĚĐĂƌĞůĞƐƐ ĂďŽƵƚƚŚĞϮ͕ϴϬϬƐƋƵĂƌĞĨĞĞƚŽĨŽĨĨŝĐĞĂƐŝƚ͛ƐƚŚĞƉĂƌŬŝŶŐƚŚĂƚŝƐŶĞĞĚĞĚ͊ůƐŽ͕ƚŚĞ ƉƌŽƉŽƐĞĚƚĞŶĂŶƚĨŽƌƚŚĞŽĨĨŝĐĞƐƉĂĐĞŝƐĂŶŽƚŚĞƌŽĨƚŚĞƐĂŵĞŽǁŶĞƌƐ͛ďƵƐŝŶĞƐƐĞƐ͘  KŶĂŶŽƚŚĞƌŶŽƚĞƚŚĞĂĚũĂĐĞŶƚƌŝƉĂƌŝĂŶĂƌĞĂƐĂŶĚƐƚƌĞĂŵŽĨǁĂƚĞƌĂƌĞĂďƐŽůƵƚĞůLJ ũƵƌŝƐĚŝĐƚŝŽŶĂůĂŶĚƚŚĞĚĞǀĞůŽƉŵĞŶƚŽĨƚŚŝƐƐŝƚĞƐŚŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽĨŝůĞĂĨŽƌŵĂů ŶŽƚŝĨŝĐĂƚŝŽŶǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝƐŚĂŶĚtŝůĚůŝĨĞƚŽĞŶƐƵƌĞƚŚĂƚ&tĂůƐŽ ĐŽŶĐƵƌƐƚŚĂƚƚŚĞƌĞĂƌĞŶŽŝŵƉĂĐƚƐĨƌŽŵƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚ͘dŚĞƐŝƚĞĚŽĞƐŶŽƚ ĚƌĂŝŶŝŶƚŽƚŚŝƐĂƌĞĂŚŽǁĞǀĞƌŝƚŝƐĚŝƌĞĐƚůLJĂĚũĂĐĞŶƚƚŽƚŚĞĚĞǀĞůŽƉŵĞŶƚĂŶĚƚŚĞ&t^ ĐŽƵůĚĂƚŵŝŶŝŵƵŵƌĞƋƵŝƌĞƐƉĞĐŝĨŝĐŽŶͲƐŝƚĞƉƌŽƚĞĐƚŝŽŶƚŽƉƌŽƚĞĐƚƚŚĞŝƌƐƚƌĞĂŵ͘  WůĞĂƐĞĚĞŶLJƚŚŝƐƉƌŽũĞĐƚĂŶĚƌĞƋƵŝƌĞŝƚƚŽďĞƐƵďŵŝƚƚĞĚĐŽƌƌĞĐƚůLJǁŝƚŚƚŚĞĞŶƚŝƌĞŝŶƚĞŶĚĞĚ ƉƌŽũĞĐƚ͘  dŚĂŶŬLJŽƵĨŽƌLJŽƵƌƐĞƌǀŝĐĞ͘  464 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 465 From: Jed Robinson <newportheightsassoc@gmail.com> Sent: August 21, 2019 11:29 AM To: Planning Commissioners Cc: Jurjis, Seimone; Nova, Makana; Campbell, Jim Subject: August 22, 2019 Agenda Item no. 3 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, 466 Jed Robinson President Newport Heights Improvement Association newportheightsassoc@gmail.com cc: sjurjis@newportbeachca.gov mnova@newportbeachca.gov jcampbell@newportbeachca.gov 467 From: dgriffith@law1975.com Sent: August 16, 2019 11:42 AM To: Nova, Makana Subject: FW: Project Fine No. PA2019-023 215 Riverside Ave Follow Up Flag: Follow up Flag Status: Flagged 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 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 468 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 protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received 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. 469 470 471 472 473 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 474 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 - 475 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. -- 476 Matthew Agren Attorney at Law Agren Law Firm, PC 2600 Michelson Dr. STE 770 Irvine, CA 92612 (949) 752-8999 (949) 752-8175 fax 477 478 479 480  'ŽŽĚĚĂLJDƌ͘ŚĂŝƌŵĂŶĂŶĚŵĞŵďĞƌƐŽĨƚŚĞWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶ͘ DLJŶĂŵĞŝƐŚĂƌůĞƐ<ůŽďĞ͘/ĂŵĂƌĞƐŝĚĞŶƚŽĨEĞǁƉŽƌƚ,ĞŝŐŚƚƐĂŶĚĂďŽĂƌĚŵĞŵďĞƌŽĨ ƚŚĞEĞǁƉŽƌƚ,ĞŝŐŚƚƐ/ŵƉƌŽǀĞŵĞŶƚƐƐŽĐŝĂƚŝŽŶ͘dŽĚĂLJ/ĂŵƐƉĞĂŬŝŶŐĨŽƌƚŚĞďŽĂƌĚ͘ KƚŚĞƌƐŚĞƌĞƚŽŶŝŐŚƚǁŝůůĂƐŬLJŽƵƚŽĚĞůĂLJƚŚŝƐƉƌŽũĞĐƚĨŽƌŵŽƌĞƌĞǀŝĞǁ͘/ĂŵĂƐŬŝŶŐLJŽƵƚŽ ĚĞŶLJŝƚŝŶŝƚƐĞŶƚŝƌĞƚLJ͘,ĞƌĞ͛ƐǁŚLJ͘ ƌĂǁŝŶŐLJŽƵƌĂƚƚĞŶƚŝŽŶƚŽƚŚĞƚŽƉŽĨŚĂŶĚǁƌŝƚƚĞŶƉĂŐĞϳ͕ĞůĞĐƚƌŽŶŝĐϱŽĨƚŚĞƐƚĂĨĨƌĞƉŽƌƚ ǁŚŝĐŚƐĂLJƐ͗͞dŚĞƉƌŽũĞĐƚŝƐŝŶƚĞŶĚĞĚƚŽƐƵƉƉŽƌƚŽĨĨͲƐŝƚĞƉĂƌŬŝŶŐĨŽƌĨƵƚƵƌĞƌĞƐƚĂƵƌĂŶƚƐ ǁŝƚŚŝŶdŚĞ'ĂƌĚĞŶƐŚŽƉƉŝŶŐĐĞŶƚĞƌůŽĐĂƚĞĚƐŽƵƚŚŽĨƚŚĞƉƌŽũĞĐƚƐŝƚĞĂĐƌŽƐƐǀŽŶ^ƚƌĞĞƚ͘ ƐĞƉĂƌĂƚĞĐŽŶĚŝƚŝŽŶĂůƵƐĞƉĞƌŵŝƚ;hWͿŝƐƌĞƋƵĞƐƚĞĚĂƐƉĂƌƚŽĨĂƉƌŽƉŽƐĞĚƌĞƐƚĂƵƌĂŶƚĂƚ ϮϵϬϮtĞƐƚŽĂƐƚ,ŝŐŚǁĂLJĨŽƌŽĨĨͲƐŝƚĞƉĂƌŬŝŶŐĂŶĚƚŽĞƐƚĂďůŝƐŚĂƉĂƌŬŝŶŐŵĂŶĂŐĞŵĞŶƚ ƉůĂŶĨŽƌƚŚĞƐŚŽƉƉŝŶŐĐĞŶƚĞƌŝŶĐůƵĚŝŶŐǀĂůĞƚƉĂƌŬŝŶŐĨŽƌƚŚĞƉƌŽƉŽƐĞĚƐƚƌƵĐƚƵƌĞ͘͟  dŚŝƐǁŝůůďĞƚŚĞďĂƐŝƐĨŽƌĂYĐŚĂůůĞŶŐĞĂƐƚŚŝƐŝƐĂĐůĞĂƌǀŝŽůĂƚŝŽŶ͘/ĨƚŚĞƌĞŝƐĂŶĞdžƵƐŽƌ ĞǀĞŶĂƉƌŽďĂďůĞĐŽŶŶĞĐƚŝŽŶďĞƚǁĞĞŶƚŚŝƐƉƌŽƉŽƐĂůĂŶĚŽŶĞŝŶƚŚĞĨƵƚƵƌĞƚŚĂƚŝƐ ĐŽŶƚĞŵƉůĂƚĞĚ͕ƚŚĞŶ^ƚĂĨĨŶĞĞĚƐƚŽƌĞǀŝĞǁKd,ŝŶƚŽƚĂůŝƚLJ͘dŚŝƐŵĞĂŶƐŝŵƉĂĐƚƐƚŚĂƚƚŚĞ ŝƚLJƐĂLJƐĂƌĞ͞ŶŽŶͲĞdžŝƐƚĞŶƚ͟ƵŶĚĞƌƚŚĞĐƵƌƌĞŶƚƉƌŽƉŽƐĂůŵĂLJǀĞƌLJǁĞůůƐƵƌĨĂĐĞƵŶĚĞƌƚŚĞ ĨƵƚƵƌĞhW͘/ƚŝƐŵLJŽƉŝŶŝŽŶƚŚĂƚŝƚŝƐĂǀĞƌLJǁĞĂŬĐŽŶĐůƵƐŝŽŶƚŚĂƚŶŽŝŵƉĂĐƚƐŽĐĐƵƌƵŶĚĞƌ ĞŝƚŚĞƌƚƌĂĨĨŝĐ͕ŶŽŝƐĞŽƌůŝŐŚƚ͘/ĐĂŶ͛ƚŝŵĂŐŝŶĞǁŚLJƚŚĞŝƚLJǁŽƵůĚŶŽƚďĞĐŽŶĐĞƌŶĞĚǁŝƚŚ ĂĚĚŝƚŝŽŶĂůƚƌĂĨĨŝĐĐƌŽƐƐŝŶŐŽǀĞƌƚŚĞĞdžŝƐƚŝŶŐƐŝĚĞǁĂůŬĂƚZŝǀĞƌƐŝĚĞ͘,ŽǁŵĂŶLJƚŝŵĞƐĚŽ ŬŝĚƐ͕ĂĚƵůƚƐ͕ĞůĞĐƚƌŝĐďŝŬĞƐĂŶĚƐŬĂƚĞďŽĂƌĚƐƐĐƌĞĂŵĚŽǁŶƚŚĂƚƐŝĚĞǁĂůŬŽƌďŝŬĞůĂŶĞ͕ĂŶĚ ƚŚĞƌĞƚĂŝŶŝŶŐǁĂůůƐĞƌǀĞƐĂƚŽƚĂůďůŝŶĚƐŝĚĞ͘dŚĞĐĂƌƐĞdžŝƚŝŶŐŽŶƚŽZŝǀĞƌƐŝĚĞůĂƚĞĂƚŶŝŐŚƚ ǁŚĞŶƚŚŝƐŐĂƌĂŐĞƐĞƌǀĞƐĂƌĞƐƚĂƵƌĂŶƚĂĐƌŽƐƐƚŚĞƐƚƌĞĞƚŵƵƐƚďĞĂĚĚƌĞƐƐĞĚ͘zŽƵĂƌĞŐŽŝŶŐ ƚŽĂĚĚŵŽƌĞĐĂƌƐƚŽĂƉĂƌĐĞůƚŚĂƚŽŶůLJƌĞƋƵŝƌĞƐϭϮƐƉĂĐĞƐ͕LJĞƚĂůƐŽĂĚĚϯϱŵŽƌĞƐƉĂĐĞƐƚŽ ĂŶĂƌĞĂƚŚĂƚŝƐĂůƌĞĂĚLJĂƚƌŝƐŬ͍  hŶĚĞƌdƌĂĨĨŝĐ͗EŽƚƌĂĨĨŝĐƐƚƵĚLJŝƐƌĞƋƵŝƌĞĚ͘zĞƐ͕ƚŚĞƚƌĂĨĨŝĐĐŽƵŶƚŵĂLJŶŽƚďĞƐƵƉƉŽƌƚĞĚ ǁŝƚŚƚŚĞϮ͕ϴϬϬƐƋƵĂƌĞĨŽŽƚďƵŝůĚŝŶŐďƵƚǁŚĂƚŚĂƉƉĞŶƐǁŚĞŶƚŚŝƐƉĂƌŬŝŶŐŝƐƵƐĞĚĨŽƌ͞ŽĨĨͲ ƐŝƚĞ͟ƉĂƌŬŝŶŐĨƌŽŵŽƚŚĞƌƵƐĞƐƐƵĐŚĂƐƚŚĞƐƚĂƚĞĚĨƵƚƵƌĞƌĞƐƚĂƵƌĂŶƚ͍ŶĂŶĂůLJƐŝƐƐŚŽƵůĚĂƚ ůĞĂƐƚĐŽŶƚĞŵƉůĂƚĞŝŶͬŽƵƚŵŽǀĞŵĞŶƚƐŐŝǀĞŶŽƚŚĞƌƵƐĞƐĨƌŽŵƚŚĞƌĞƚĂŝůĂŶĚƌĞƐƚĂƵƌĂŶƚƐ ƚŚĂƚĐůĞĂƌůLJŐĞŶĞƌĂƚĞŵŽƌĞŝŶŐƌĞƐƐͬĞŐƌĞƐƐƚŚĂƚũƵƐƚϮ͕ϴϬϬƐƋƵĂƌĞĨĞĞƚĚƵƌŝŶŐǁŽƌŬŝŶŐ ŚŽƵƌƐDŽŶĚĂLJƚŚƌŽƵŐŚ&ƌŝĚĂLJ͘ŶĚĂůƐŽ͕ŶŽŝƐĞĂŶĚůŝŐŚƚ͘ŐĂŝŶ͕ƚŚĞƐĞŝŵƉĂĐƚƐŚĂǀĞŶŽƚ ďĞĞŶĐŽŶƐŝĚĞƌĞĚďLJƉŝĞĐĞŵĞĂůŝŶŐƚŚŝƐƉƌŽƉŽƐĂů͘  ŶLJŽŶĞǁŚŽŚĂƐďĞĞŶŚĞƌĞĂǁŚŝůĞƌĞŵĞŵďĞƌƐŚŽǁƚŚŝƐŽǁŶĞƌƚƌĞĂƚĞĚĞdžŝƐƚŝŶŐƚĞŶĂŶƚƐ ǁŚĞŶŚĞďŽƵŐŚƚƚŚĞƉƌŽƉĞƌƚLJ͘^ƵĐĐĞƐƐĨƵůůŽĐĂůďƵƐŝŶĞƐƐĞƐǁĞƌĞĨŽƌĐĞĚŽƵƚ͘dŚĞƌĞĂƌĞ ƚĞŶĂŶƚƐŝŶƚŚĞƐƵďũĞĐƚďƵŝůĚŝŶŐǁŝƚŚĞdžŝƐƚŝŶŐůĞĂƐĞƐƚŚĂƚƚŚĞŽǁŶĞƌŝƐŶŽƚĂĚĚƌĞƐƐŝŶŐ͘ 481 dŚĞŽǁŶĞƌĐůĞĂƌůLJŬŶŽǁƐƚŚĂƚŚĞEEKdƉƵƚŝŶĂƌĞƐƚĂƵƌĂŶƚĂĐƌŽƐƐƚŚĞƐƚƌĞĞƚƵŶůĞƐƐŚĞ ĐĂŶƉƌŽǀŝĚĞŵŽƌĞƉĂƌŬŝŶŐ͘^Ž͕ŚĞŝƐƉŝĞĐĞŵĞĂůŝŶŐƚŚŝƐƉƌŽƉŽƐĂůĂŶĚŚĞĐŽƵůĚĐĂƌĞůĞƐƐ ĂďŽƵƚƚŚĞϮ͕ϴϬϬƐƋƵĂƌĞĨĞĞƚŽĨŽĨĨŝĐĞĂƐŝƚ͛ƐƚŚĞƉĂƌŬŝŶŐƚŚĂƚŝƐŶĞĞĚĞĚ͊ůƐŽ͕ƚŚĞ ƉƌŽƉŽƐĞĚƚĞŶĂŶƚĨŽƌƚŚĞŽĨĨŝĐĞƐƉĂĐĞŝƐĂŶŽƚŚĞƌŽĨƚŚĞƐĂŵĞŽǁŶĞƌƐ͛ďƵƐŝŶĞƐƐĞƐ͘  KŶĂŶŽƚŚĞƌŶŽƚĞƚŚĞĂĚũĂĐĞŶƚƌŝƉĂƌŝĂŶĂƌĞĂƐĂŶĚƐƚƌĞĂŵŽĨǁĂƚĞƌĂƌĞĂďƐŽůƵƚĞůLJ ũƵƌŝƐĚŝĐƚŝŽŶĂůĂŶĚƚŚĞĚĞǀĞůŽƉŵĞŶƚŽĨƚŚŝƐƐŝƚĞƐŚŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽĨŝůĞĂĨŽƌŵĂů ŶŽƚŝĨŝĐĂƚŝŽŶǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂĞƉĂƌƚŵĞŶƚŽĨ&ŝƐŚĂŶĚtŝůĚůŝĨĞƚŽĞŶƐƵƌĞƚŚĂƚ&tĂůƐŽ ĐŽŶĐƵƌƐƚŚĂƚƚŚĞƌĞĂƌĞŶŽŝŵƉĂĐƚƐĨƌŽŵƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚ͘dŚĞƐŝƚĞĚŽĞƐŶŽƚ ĚƌĂŝŶŝŶƚŽƚŚŝƐĂƌĞĂŚŽǁĞǀĞƌŝƚŝƐĚŝƌĞĐƚůLJĂĚũĂĐĞŶƚƚŽƚŚĞĚĞǀĞůŽƉŵĞŶƚĂŶĚƚŚĞ&t^ ĐŽƵůĚĂƚŵŝŶŝŵƵŵƌĞƋƵŝƌĞƐƉĞĐŝĨŝĐŽŶͲƐŝƚĞƉƌŽƚĞĐƚŝŽŶƚŽƉƌŽƚĞĐƚƚŚĞŝƌƐƚƌĞĂŵ͘  WůĞĂƐĞĚĞŶLJƚŚŝƐƉƌŽũĞĐƚĂŶĚƌĞƋƵŝƌĞŝƚƚŽďĞƐƵďŵŝƚƚĞĚĐŽƌƌĞĐƚůLJǁŝƚŚƚŚĞĞŶƚŝƌĞŝŶƚĞŶĚĞĚ ƉƌŽũĞĐƚ͘  dŚĂŶŬLJŽƵĨŽƌLJŽƵƌƐĞƌǀŝĐĞ͘  482 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 483 From: Jed Robinson <newportheightsassoc@gmail.com> Sent: August 21, 2019 11:29 AM To: Planning Commissioners Cc: Jurjis, Seimone; Nova, Makana; Campbell, Jim Subject: August 22, 2019 Agenda Item no. 3 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, 484 Jed Robinson President Newport Heights Improvement Association newportheightsassoc@gmail.com cc: sjurjis@newportbeachca.gov mnova@newportbeachca.gov jcampbell@newportbeachca.gov 485 From: dgriffith@law1975.com Sent: August 16, 2019 11:42 AM To: Nova, Makana Subject: FW: Project Fine No. PA2019-023 215 Riverside Ave Follow Up Flag: Follow up Flag Status: Flagged 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 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 486 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. 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Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. 487 488 489 490 491 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 492 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 - 493 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. -- 494 Matthew Agren Attorney at Law Agren Law Firm, PC 2600 Michelson Dr. STE 770 Irvine, CA 92612 (949) 752-8999 (949) 752-8175 fax 495 INTENTIONALLY BLANK PAGE496 Attachment No. PC 7 Project Plans 497 INTENTIONALLY BLANK PAGE498 499PA2019-023Attachment No. PC 7 - Project Plans 500PA2019-023Attachment No. PC 7 - Project Plans 501PA2019-023Attachment No. PC 7 - Project Plans 502PA2019-023Attachment No. PC 7 - Project Plans 503PA2019-023Attachment No. PC 7 - Project Plans 504PA2019-023Attachment No. PC 7 - Project Plans 505PA2019-023Attachment No. PC 7 - Project Plans 506PA2019-023Attachment No. PC 7 - Project Plans 507PA2019-023Attachment No. PC 7 - Project Plans 508PA2019-023Attachment No. PC 7 - Project Plans 509PA2019-023Attachment No. PC 7 - Project Plans 510PA2019-023Attachment No. PC 7 - Project Plans 511PA2019-023Attachment No. PC 7 - Project Plans 512PA2019-023Attachment No. PC 7 - Project Plans 513PA2019-023Attachment No. PC 7 - Project Plans 514PA2019-023Attachment No. PC 7 - Project Plans 515PA2019-023Attachment No. PC 7 - Project Plans 516PA2019-023Attachment No. PC 7 - Project Plans 517PA2019-023Attachment No. PC 7 - Project Plans 518PA2019-023Attachment No. PC 7 - Project Plans From:David Fults To:Planning Commissioners Subject:Riverside rooftop restaurants Date:Thursday, October 10, 2019 6:09:30 PM I fully support the two new restaurant projects on Riverside with rooftop decks. I think it will be great addition to the neighborhood. David Fults 519 Fullerton Avenue Planning Commission - October 17, 2019 Item No. 2a Additional Materials Received The Garden Office and Parking Structure (PA2019-023) October 14, 2019 Dear Planning Commission Members and City Council: First of all I agree with all of the findings and requests in the letter of Berding & Weil Attorneys at Law which was sent to the Newport Beach Planning Commission on October 8 regarding The Garden Office and Parking Structure Proposed Project on Riverside Drive. Of most importance is that the Applicant has separated the proposed project at 215 Riverside from its proposed restaurant project across the street at 2902 West Coast Highway, the two are integrally related and must be considered as one project. Second, there is a lot of false information being propagated by the person of (Kaitlin Crowley) working for a company by the name of Mobilitie. She and possibly others have been canvassing the neighborhood with false propaganda about the project at 215 Riverside and getting unknowledgeable neighbors to sign letters of approval. My daughter-in-law as well as my neighbors were some of those posted online. My daughter-in-law wishes to rescind her signature. She was misinformed. Our neighbors were not informed that the restaurant had the capacity of at least 200 and only 40 parking spots being provided in the separate structure at 215 Riverside which will not have a roof on it and all of those tires screeching, car alarms, blasting stereos and drunks hollering will come right up to us, along with those parking in our neighborhood because they do not want to pay or wait for valet parking. I can only imagine all of the regurgitating and urinating in our parks with the steps leading up into our neighborhood, along with vandalism that occurs when bars are open until 1 AM. Then the parking structure clean up starts with loud garage sweepers coming in the middle of the night. Skate boarders and homeless as well graffiti artists! We were very disturbed when the parking structure at the John Dominis Building all the way across PCH next to Billy’s was built and kept us awake all night. Now the proposed parking structure will be under our homes, next to our parks and wetlands, in our neighborhood and under our noses. It is not a healthy choice and we respectfully request that you deny this parking structure and all future plans for parking structures along Mariners Mile, as well as roof top bars! We are raising our families up here and would like to keep some peace in our neighborhood. Thank you for your wisdom in this matter, With gratitude-Val & Tom Carson & Family Planning Commission - October 17, 2019 Item No. 2b Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - 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October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) From:Jed Robinson To:Planning Commissioners; Jurjis, Seimone; Nova, Makana; Campbell, Jim Subject:The Garden Office and Parking Structure (PA2019-023) @ 215 Riverside Avenue Date:Wednesday, October 16, 2019 10:53:46 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 October 16, 2019 Re: The Garden Office and Parking Structure (PA2019-023) @ 215 Riverside Avenue Dear Newport Beach Planning Commission, The Newport Heights Improvement Association [NHIA] met on October 15, 2019 for our Bi- Annual General Meeting with over half of our membership in attendance. The above referenced project was discussed as was the proposed restaurant by the same applicant located across the street at 2902 West Coast Highway. There was a unanimous vote by the membership to support that both the Parking Structure and Office project at 215 Riverside and the Future Restaurant project at 2902 West Coast Highway be heard as one project since the two are integrally related and referenced together multiple times in the application from Laidlaw Schultz Architects, representing the owner, to the City of Newport Beach Planning Department.  We sincerely appreciate your consideration in this matter. Respectfully, Newport Heights Improvement Association newportheightsassoc@gmail.com cc: sjurjis@newportbeachca.gov  mnova@newportbeachca.gov  jcampbell@newportbeachca.gov Planning Commission - October 17, 2019 Item No. 2c Additional Materials Received The Garden Office and Parking Structure (PA2019-023) From:Hori, Susan To:Planning Commissioners Cc:Nova, Makana; Summerhill, Yolanda; Campbell, Jim; slaidlaw@lsarchitects.com Subject:Applicant"s Letter to the Planning Commission re 215 Riverside Date:Wednesday, October 16, 2019 4:24:27 PM Attachments:Planning Commision Letter dated Oct. 16, 2019.pdf Dear Chair Koetting and members of the Planning Commission, There have been a number of comments (both written and oral) questioning whether the 215 Riverside project should be considered together with another pending application. More recently, we were also provided a copy of a letter sent to the City by legal counsel for several of the adjacent homeowners raising issues regarding the City’s compliance with CEQA. On behalf of the applicant for 215 Riverside, we have prepared the attached response to those comments which we hereby submit to you for your consideration in advance of tomorrow night’s hearing on the project. We thank you for your consideration of these comments. Susan Hori Partner _______________________ Manatt, Phelps & Phillips, LLP    Park Tower 695 Town Center Drive, 14th Floor Costa Mesa, CA 92626 D (714) 371-2528 F (714) 371-2571 SHori@manatt.com manatt.com CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply email and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you. Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) — ^1—^J-L Susan K. Hon Iclf IClLL Manatt, Phelps & Phillips, LLP ' ' Direct Dial: (714) 371-2528 E-mail: shori@manatt.com October 16, 2019 Client-Matter: 63060-030 Via E-Mail: planningcommissioners@newportbeachca.gov Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: 215 Riverside Avenue (Coastal Development Permit No. CD2019-003, Conditional Use Permit No. UP2019-003, and Modification Permit No. MD2019-003) Dear Chair Koetting and Commissioners: This letter is sent on behalf of Laidlaw Schultz, the applicant for the 215 Riverside Avenue project. We wish to respond to the letter sent to you by Berding Weil, dated October 8, 2019 on behalf of several adjacent homeowners ("Berding Letter"). I. The 215 Riverside Project is an Independent, Standalone Project that is Not "Inextricably Linked" to a Pending Annlication for 2902 West Coast Highwav. The Berding Letter begins by revisiting an issue that has been addressed by your Planning staff, and discussed by the Commission as to whether the commercial building proposed at 215 Riverside is part of a larger project that consists of a proposed restaurant located across the street at 2902 West Coast Highway. It is not. The 215 Riverside project is located in an area that is immediately adjacent to an existing retail center. The Garden, that is being renovated and redeveloped. The center includes the U.S. Post Office and the prior post office facility at 191 Riverside that is being redeveloped for retail/commercial uses. The August 22, 2019 Planning Commission staff reports notes that one of the functions that the 215 Riverside project could serve - but is not required to do so ~ is to provide off-site parking for the adjacent, existing retail center. Included within that center is an existing building located at 2902 West Coast Highway that is proposed for future restaurant uses. Because of the proximity of 215 Riverside to proposed restaurant at 2902 West Coast Highway, questions have arisen as to whether the two projects should be considered together because they are part of one project, and to consider them separately as the City is doing, constitutes "piecemealing." It does not. 695 Town Center Drive, 14th Floor, Costa Mesa, California 92626-1924 Telephone: 714.371.2500 Fax: 714.371.2550 Albany | Boston | Chicago | Los Angeles | New York | Orange County | Palo Alto | Sacramento | San Francisco | Washington, D.C Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 2 "Piecemealing" is a term that arises out of case law involving interpretation of the California Environmental Quality Act ("CEQA"). To ensure that the totality of all potential environmental impacts of a project are considered, CEQA discourages "piecemealing" or cutting up a project into smaller pieces with the goal of minimizing the significance of potential environmental impacts of a project. Examples cited by the courts include requiring that the future expansion of a proposed university facility be considered because it was a reasonably foreseeable consequence of the initial development {Laurel Heights Improvement Association v. Regents of University of California (1988) 47 Cal.3d 376); or requiring that a county's rezoning of land be considered together with the subsequent specific development project because the rezoning was a necessary first step of the future development project which it intended to consider {City of Carmel-by-the-Sea v. Board of Supervisors (1986) 183 CalApp.3d 229). On the other hand, if two projects serve different purposes or can be implemented independently, the city can review them separately. In Banning Ranch Conservancy v. City of Newport Beach, the court held that the City did not piecemeal its environmental analysis when it prepared one environmental impact report for the Sunset Ridge Park and a separate environmental impact report for the Banning Ranch development project even though the projects were adjacent and would share an access road. The Banning Ranch development was not a reasonably foreseeable consequence of the park and access road. {Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal.App.4th 1209.) Although the 215 Riverside project is across the street from 2902 West Coast Highway, the proposed restaurant is not a reasonably foreseeable consequence of the office building and parking lot. Both can operate independently of the other, and one is not a reasonably foreseeable consequence of the other. A proposal that is related to another project, but has independent utility and is not necessary for the project to proceed need not be included as part of the project and may be reviewed as a separate project. {Communities for a Better Environment v. City of Richmond (2010) 184 Cal.App.^' 70.) Here, the office building and the restaurant proposal each have independent utility. If the office building and parking lot were never approved or constructed, the 2902 West Coast Highway proposal could still proceed to obtain permits and open for operation. The only link that is being drawn is the possible future use of the parking spaces at the 215 Riverside building by restaurant patrons. As the City is well aware, there are many instances where local businesses - in most situations, restaurants - are required to obtain off-site parking to meet its parking demands. Many of the restaurants that operate on Mariner's Mile, just a block away from 215 Riverside, require off-site parking. Those restaurants often enter into agreements with nearby property owners to utilize their parking lots. The proposed restaurant at 2902 West Coast Highway is no different and has entered into a memorandum of understanding to lease 35 parking spaces from the owner of the parking lot located at the southeast comer of Avon Street and Riverside Avenue, a copy of which was previously transmitted to this Commission. As the City staff report states, although the parking spaces at 215 Riverside can be used for future tenants and Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 3 patrons of The Garden shopping center, it can also be made available to other businesses and off- site uses in the area (such as boat charters or other visitor-service businesses) to address their parking needs. This is consistent with the current practice for some landowners with surplus parking, and reflected in the City's own General Plan and Coastal Land Use policies, such as: LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses. Explore additional options for the development and location ofparking and other supporting facilities for charters, yacht sales, and other waterfront uses. (Imp 16.10) Imp 16.10 Improve Parking Supply and Management. Parking Management Programs shall be considered for commercial and residential areas of the City with inadequate parking, such as Corona del Mar and the Balboa Peninsula. This may consider the development of public parking lots or structures, street parking permitting, valet programs, and similar techniques as feasible. Existing public parking lots should be evaluated for their accessibility, utilization, and proximity to the uses they support. Possible relocation should be considered where they do not effectively support surrounding land uses. . . . Although the Mariner's Mile area of the City was not identified as an area with inadequate parking like the Balboa Peninsula, as many residents who have submitted comments have stated, the availability of street parking in the residential areas is severely compromised and it goes without saying that additional parking spaces in a structured lot could help relieve the lack of street parking experienced by the adjacent residential community. In conclusion, the commercial office building and its parking lot is not inextricably linked to the application for a future restaurant at 2902 West Coast Highway. The proposed restaurant is not solely dependent on the construction of the parking lot at 215 Riverside to satisfy its parking needs. One is not a necessary first step for the other. There are a number of options to address its parking needs, including other off-site parking lots, which the restaurant applicant has already pursued in the event the commercial uses at 215 Riverside are not approved by the City or built in the future. 2. The City's CEOA Determination is Supported by Substantial Evidence in the Record. The Berding Letter next takes issue with the City's determination that the 215 Riverside project is an infill development project, and therefore exempt from CEQA. The CEQA Guidelines establish 33 classes of projects which are exempt from the requirement to prepare a negative declaration or environmental impact report, because the State has determined that they will not have a significant effect on the environment. (14 Cal. Code of Regs. § 15300.) The City has determined that the 215 Riverside project is exempt from CEQA because it is an infill development project that satisfies the following 5 criteria set forth in the CEQA Guidelines: Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 4 (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. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. (14 Cal. Code of Regs. § 15332.) The August 22, 2019 Staff Report included an Exemption Determination setting out the facts in support of the City's conclusion that the 215 Riverside project qualifies for the Class 32 infill development exemption. For the reasons discussed below, the Herding Letter's attacks on the City's CEQA determination are unfounded, unsupported, and inaccurate. As an initial comment, the letter states that the applicant made the CEQA determination that the project is exempt. The determination as to whether a project is subject to CEQA or exempt from CEQA, and what type of environmental documentation is appropriate is a decision that is made by the city, not the applicant. The applicant is not the lead agency to whom authority is vested under CEQA to make this determination. Second, the Berding Letter reiterates its claim that the 215 Riverside project is part of a larger project that includes the proposed restaurant at 2902 West Coast Highway, and the two separate applications must be considered and processed together as one project. As discussed above, the restaurant is not a reasonably foreseeable consequence of the commercial building and parking lot and vice versa. Both can be developed and operated independent of the other. For these reasons, the City's decision to process each application separately does not constitute improper "piecemealing." Third, the City's analysis of the 215 Riverside project and why it satisfies each of the five criteria for a Class 32 exemption from CEQA is supported by substantial evidence in the record before you. That evidence also demonstrates that there is no reasonable possibility the project will have a significant effect on the environment due to unusual circumstances, or that there are significant cumulative impacts from successive projects of the same type in the same place over time. Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 5 a. The 215 Riverside Project is Consistent With AnnHcable General Plan Policies. The Exemption Determination that accompanied the City's August 22, 2019 Staff Report reviewed the applicable General Plan policies and identified how the project is consistent with those policies. The Berding Letter cites three General Plan policies in an attempt to fault the City's General Plan consistency determination. • LU 5.2.2 Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; Attractive architectural treatment of elevations facing the residential neighborhood; Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. (Imp 2.1) Because the 215 Riverside project includes a parking structure adjacent to residential development, it is required to obtain a Conditional Use Permit. That entitlement process provides a mechanism to ensure that the design and siting of the parking is compatible and does not adversely impact the adjacent residential community. The 215 Riverside project provides a number of buffering elements, including enhanced landscaping on the slopes adjacent to the existing residences, partial coverage of the upper level to minimize the amount of surface area exposure, downward facing lights, and a retaining wall. The project will pull back the proposed parking area from the footprint of the existing parking lot by removing portions of the existing retaining wall, and landscaping those areas with vegetation that will screen much of the upper level of parking. More significantly, the elevation of the proposed upper level is actually lower than the current elevation of the surface lot, thus further distancing and separating the cars on the upper level of the parking structure than currently exists. There is no evidence to support the Berding Letter's claim that the 215 Riverside parking areas will be used "far more frequently and in a substantially more intrusive manner" than the current configuration. Currently, there are 17 uncovered, parking spaces provided at the parking lot which is at a higher elevation and closer to the existing residences than what would be provided by the proposed 215 Riverside project. With project implementation, the upper level will have 22 spaces, 5 of which will be located under a lattice covering, and 17 spaces - the same number of spaces as the current surface parking lot ~ will be uncovered. These spaces, however, will be located further away from the property line and will be surrounded by enhanced landscaping as compared to the existing condition. If used for off-site parking for an existing Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 6 commercial enterprise - which the building owner would be entitled to do ~ the 17 existing spaces could be used by any number of restaurant or boat charter patrons and there is no evidence to support the claim that the 215 Riverside project's use of that lot would be any less or more intrusive than what could be done under current conditions. • LU 6.19 Mariner's Mile. A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. The Herding Letter reiterates its allegation that the proposed 215 Riverside project's parking lot fails to respect the adjoining residences without any consideration of facts that the proposed upper level of parking with its lattice covering, reduced elevation and enhanced landscaping will actually provide a much more attractive and compatible parking area than if the existing lot were re-used to its full capacity. • CE 7.1.8 Parking Configuration. Site and design new development to avoid use of parking configurations or management programs that are difficult to maintain and enforce. The Berding Letter's primary concern appears to be the issue of tandem parking which was originally proposed as being potentially difficult to manage. In response to the concerns expressed by Chair Koetting, the applicant modified the application to remove the request for tandem parking. The number of parking spaces has been reduced from 41 to 35 spaces. b. The Berding Letter's Selective Reading of the City's General Plan Ignores the Policies that Support the Project. The Berding Letter selectively excerpts various General Plan policies while ignoring policies that both support and encourage the type of use proposed in the 215 Riverside project. The following policies demonstrate the Project's consistency with the City's General Plan and the appropriateness of the categorical exemption. • LU 5.3.6 Parking Adequacy and Location. Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. (Imp 2.1) As discussed above, the parking structure meets all of these design parameters as it is set back from Avon Street and Riverside Drive, conveniently located to serve the tenants as well as customers of The Garden, the architectural features are a vast aesthetic improvement over the Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 7 existing building and providing improvement to the property values in the area, and additional landscaping both in front of and behind the structure help buffer and soften the appearance of the building. • LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other Supporting facilities for charters, yacht sales, and other waterfront uses. (Imp 16.10) • CE 7.1.7 Shared Parking Facilities. Consider allowing shared parking in mixed use and pedestrian oriented areas throughout the City. The provision of additional parking in the Mariner's Mile area is consistent with these two policies that encourage the provision of parking to support the visitor serving uses in this area. c. The Project Satisfies Criteria fd) and (e) for ii Class 32 Infill Develonment Excmntion. The final two criteria for use of the Class 32 Infill Development exemption are as follows: (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. As part of its application, the applicant submitted traffic and noise studies, a view analysis, as well as sewer and water demand studies as requested by the City. The traffic study concluded that the project would not generate any significant traffic impacts on the existing street network. Given the limited number of vehicle trips generated by the project which is the major source of air pollutant emissions, and the requirement that the project comply with all applicable South Coast Air Quality Management District rules and regulations, such as watering the site to minimize dust during construction, the City concluded that the project would not result in any significant effects related to air quality. For the reasons discussed previously, the 215 Riverside project is not part of a larger project and the traffic study scope which limited its analysis to trips from the proposed 215 Riverside project was appropriate. It should also be remembered that the operation of The Garden retail site is considered part of the existing background in terms of traffic and that the Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 8 assumptions used for The Garden assumed full occupation of the retail space, including the building at 2902 West Coast Highway. A noise study was also prepared that examined the potential noise that would be generated by the proposed project including use of the parking areas during the evening. The study applied the City's day time and night time noise standards to the noise that was estimated to be emitted from project operations, including use of the parking lot during the evening, and concluded that there were no significant noise impacts. Although many of the comments received on the project from nearby residents expressed concerns regarding noise, it is important to take into consideration the fact that the 215 Riverside project site is within an area that is already exposed to high levels of ambient noise due to the volume of traffic on both Riverside Avenue and West Coast Highway. Moreover, the design of the project helps reduce the potential noise impacts from cars in the parking lot. For example, the proposed upper level of parking is approximately 7-8 feet below the elevation of the existing parking lot. The lower elevation of the parking area helps reduce the noise from cars using that upper level of parking. With respect to water quality, the project will comply with the required Best Management Practices ("BMPs") set forth in the required Water Quality Management Plan ("WQMP") which has been reviewed by the City. Compliance with the required regulations and requirements of the WQMP avoids any significant water quality impacts. Lastly, while not a water quality issue, the City also examined the presence of a wetland area to the west of the project site that is present at the base of the slope that ends at Avon Street. The wetland area has been substantially disturbed by the construction of staircases on the slope, and street improvements along Avon. The project does not drain into and will not have any adverse impact on the wetlands. To the contrary, the project will actually provide a beneficial impact by increasing the open space area between the wetland area and new retaining wall for the proposed project; a conclusion supported by the study prepared by the City's wetland consultant, Glenn Lukos Associates. Although not one of the impacts areas identified in subsection (d) of the Class 32 exemption, the applicant also provided a view analysis of the project from the park on Cliff Drive. As the commercial building is reduced in size as compared to the existing structure, and the parking area will actually be 7-8 feet lower in elevation as compared to the existing surface parking lot, there will be no impact on existing views. With respect to concerns expressed about impacts from car headlights on the upper level, the applicant also prepared a headlamp beam spread analysis using the criteria established by the Federal Highway Administration which shows that light from cars using the upper level of parking will not impact the adjacent residences but would be shielded in large part by the retaining wall, slope, and landscaping on the adjacent slope. Lastly, the project site is an already-developed site that is served by existing utilities and surrounded by urban development, and thus satisfies the final criteria to use a Class 32 exemption. To ensure that the new building and its demands could be adequately served by the Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 9 City, a sewer and water demand study was prepared and adequate capacity and water supply was identified. In conclusion, the redevelopment of 215 Riverside is the textbook example of infill development and the City's determination that it is exempt under the Class 32 exemption of CEQA is supported by substantial evidence in the record. It is an already-developed site, surrounded by urban uses, and served by existing improvements and utilities. The project is consistent with the City's General Plan and zoning, and all relevant policies, and will not have any significant impacts on the environment. 3. There are no "Unusual Circumstances" that would Preclude Use of the Infill Dcvclonmcnt CEQA Exemption. The project does not present "unusual circumstances" that create significant environmental impacts. A commercial building and parking lot currently exist on site. The existing building and parking lot will be replaced by a new project that consists of the same combination of uses. The traffic and noise from a 35 space parking lot was fully analyzed and no impacts were identified. The replacement of an existing structure for the same use does not represent "unusual circumstances" and certainly not a circumstance that presents significant impacts. The Berding Letter identifies the requirement to obtain a Conditional Use Permit as evidence of "unusual circumstances." The fact that the City has in its ordinance a mechanism by which parking can be permitted adjacent to residential areas demonstrates that the juxtaposition of these two uses occurs with sufficient frequency in the City as to warrant a provision in the City's Municipal Code setting forth the manner in which these projects are to be examined. Moreover, even if this structure were not adjacent to the residences, it would still require discretionary approvals because of its location within the coastal zone. The Berding Letter implies that only the proximity to residential uses trigger a discretionary approval and therefore, it should be considered "unusual." To the contrary, the City's Code contemplates the need for the City to examine the appropriateness of these two uses being developed adjacent to each other, and regardless of the CUP requirement, the project would require discretionary approvals from the City. 4. Conclusion. In conclusion, there is no basis for the City to require that consideration of the 215 Riverside project be held until the application for 2902 West Coast Highway is deemed complete and staff has completed its analysis. The projects are independent of each other and the City has not improperly piecemealed the applications. The City's CEQA determination is supported by substantial evidence in the record demonstrating that the project is an infill development that is Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Planning Commission October 16, 2019 Page 10 exempt from CEQA. We appreciate your consideration of the information and analysis provided in this letter and request your approval of the 215 Riverside project. Very truly yours, Susan K. Hori Cc via email: James Campbell, Deputy Director Makana Nova, Associate Planner Yolanda Summerhill, Assistant City Attorney Scott Laidlaw 325338771,1 Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2d Additional Materials Received The Garden Office and Parking Structure (PA2019-023) October 16, 2019 Newport Beach Planning Commissioners Makana Nova, Associate Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Coastal Development Permit No. CD2019-3 (PA2019-23), 215 Riverside Avenue; Community Outreach to Adjacent Homeowners As the applicant for the 215 Riverside Avenue project, we recognize and appreciate the importance of outreach to the surrounding community to ensure that accurate information regarding the proposed project is provided and that all members of the public are provided with an opportunity to ask questions and have their concerns addressed. The following summarizes the community outreach activities that w4ere undertaken by the applicant for this project. Our first community outreach event was an open house that was held on July 19, 2019 from 8:30 a.m. and 10:30 a.m. Property owners of the properties adjacent to the project site were invited to meet the applicant and project team and review renderings of the proposed project at an open house held at 191 Riverside, across the street from the project site. Invitations were mailed to the names and addresses of all property owners and occupants located within 300’ of the exterior boundaries of 215 Riverside. The mailing list was identical to the list prepared by Susan W. Case, who was contracted to prepare the mailing list, and submitted to the City for its noticing requirements. Details regarding the number of attendees, and the comments in support of the project received at the open house have been previously submitted to the City for the record. Because of their proximity to the project site, we also conducted specific outreach to adjacent homeowners. Hal Woods, the owner of 2919 Cliff Drive, attended the open house. On September 19, 2019, Kaitlin Crowley on behalf of the applicant, called upon Stephanie Sitzer, the new owner of 2907 Cliff Drive, as they had been informed that the sale of that house had just recently occurred. Ms. Sitzer, or Stefanie Pilalas as she is identified in the correspondence from Berding Weil, dated October 8, 2019, had just recently Planning Commission - October 17, 2019 Item No. 2e Additional Materials Received The Garden Office and Parking Structure (PA2019-023) closed on the house as she informed the Planning Commission at the September hearing. Subsequent to the open house, the following adjacent homeowners were invited for a site tour with me: Hal Woods (2919 Cliff Drive), Ernest Castro (2910 Cliff Drive), Bruce Choate (2924 Cliff Drive), Stefanie Pilalas (2907 Cliff Drive), Jack Staub (2911 Cliff Drive) and Jean Watt, co-founder of SPON. Jean Watt attended a site tour. Ernest Castro scheduled and then cancelled a site tour. None of the other property owners accepted our invitation to attend a site tour. In addition to the open house and direct outreach to the adjacent residents, we have conducted extensive community outreach and received very positive feedback for a project that adds parking, is less intense and more visually attractive than the existing use, and adds to the property tax base of the city. Furthermore, the property owner has invested significant resources in quality architecture and construction materials that enhances the values for all in the area. Sincerely, Scott Laidlaw Laidlaw Schultz Architects Applicant for 215 Riverside Cc: James Campbell Seimone Jurjis Yolanda Summerhill, Esq. Planning Commission - October 17, 2019 Item No. 2e Additional Materials Received The Garden Office and Parking Structure (PA2019-023) manatt Susan K. Hori Manatt, Phelps & Phillips, LLP Direct Dial: (714) 371-2528 E-mail: shori@manatt.com October 17, 2019 Client-Matter: 63060-030 Via E-Mail: ysummerhill@newportbeachca.gov Yolanda Summerhill Assistant City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Correspondence from Harold Woods, Jr. re 215 Riverside Avenue (Coastal Development Permit No, CD2019-003, Conditional Use Permit No. UP2019-003, and Modification Permit No. MD2019-003) Dear Ms. Summerhill; This letter is sent on behalf of Laidlaw Schultz, the applicant for the 215 Riverside Avenue project. We received a copy of the letter from Harold Woods, Jr. and copies of a Grant of Easement Agreements pertaining to the 215 Riverside Avenue property ("the Property") that you provided to us. We have a number of issues regarding the interpretation and enforceability of the referenced easements; however, it is not the role of the City to enforce private covenants. Enforcement is up to the private parties and is not subject to the City entitlement process. Our project is consistent with the General Plan, applicable General Plan policies, zoning and development standards. Accordingly we request that the City continue to process our application in accordance with applicable City standards. We assume the risk that the enforcement of the easements may impact on our ability to develop the Property in accordance with the City development approvals. Cc via email: Planning Commission James Campbell, Deputy Director Makana Nova, Associate Planner Scott Laidlaw 695 Town Center Drive, 14th Floor, Costa Mesa, California 92625-1924 Telephone: 714,371,2500 Fax: 714.371.2550 Albany j Boston | Chicago | Los Angeles | New York | Orange County | Palo Alto | Sacramento | San Francisco | Washington, D.C Very truly yours, Susan K. Hori Planning Commission - October 17, 2019 Item No. 2f Additional Materials Received After Deadline The Garden Office and Parking Structure (PA2019-023) From:TOMLU BAKER To:Planning Commissioners Cc:TOMLU BAKER Subject:Continuance of Garden Parking Structure and Roof Top Restaurant Date:Thursday, October 17, 2019 2:25:52 PM Planning Commission Chairman, I request that the Planning Commission hold a joint hearing of THE GARDEN OFFICE AND STRUCTURE (PA2019-023) at 215 Riverside and the nearby proposed open roof top restaurant. The cumulative impacts of the two projects should be studied jointly, instead of piecemealing the projects individually. Consequently, a continuance is requested so that the projects and associated impacts can be determined in entirety by the community and specifically by the impacted neighborhood residents. Impacts associated with the total project include but are not limited to : -Valet/Employee parking -Roof level parking -Ingress/Egress from Avon and Riverside Ave near Parks and bike paths heavily used by school children -City's Parking Management Plan -Hours and Capacity of Roof Top Restaurant -Projected increase in alcohol related crimes including drunk driving -Noise/Lighting of parking structure and restaurant -CUP required for parking adjacent to quiet Residential Properties -Detrimental effects to vulnerable Wetlands (California Coastal Commission) -No smoking area (enforceable) buffering the Wetlands and Cliff Drive Park (designated a fire hazard area) and protection of the public and environment from risks associated to chemical in tobacco smoke -Notarized parking lease agreements with time duration in yearly decades and consequences if not renewed - Restrictions on future development due to any parking agreements -Increased traffic at project and in the adjacent residential neighborhoods Tom Baker Newport Heights Planning Commission - October 17, 2019 Item No. 2f Additional Materials Received After Deadline The Garden Office and Parking Structure (PA2019-023) From:Jeanne Fobes To:Planning Commissioners Subject:Parking structure with roof-top parking; Restaurant with roof-top deck Date:Thursday, October 17, 2019 5:46:38 PM Dear Commissioners: In the interest of integrity and justice, we "ask" that these two projects be presented as "One Whole Project" to our community. That is the true and honest way to address this and consider this BEFORE even thinking about actually approving it!!! The cumulative impacts of these projects need to be studied further. What are the planned hours off operation? What capacity is planned for? Will there be valet services? Employee parking? What will the noise and view impacts be on Cliff Drive Park? What will the impact be on traffic coming up and down Riverside to Cliff Drive? Sincerely, Jeanne Fobes, Concerned Newport Heights Home-owner Planning Commission - October 17, 2019 Item No. 2g Additional Materials Received After Deadline The Garden Office and Parking Structure (PA2019-023) From: Kevin Meyers <kevinlmeyers@yahoo.com> Sent: Friday, October 18, 2019 9:16 AM To: Planning Commissioners Cc: Diana Meyers Subject: Project File No PA2019-023 Planning Commissioners, I am writing you to raise my concern about this project. I was not able to attend the meeting last night due to business but wanted to communicate with you. My concern is the proposed parking and possible roof top deck on the building. I live on Cliff Drive (2932) and the noise level from current business activities is there but something this close to residential neighborhoods would be dramatic. We are in favor of upgrading the area and new business but adding a building so close with possible noise impact is not something we can support. Thank you for your time and hearing our concerns Kevin & Diana Meyers Planning Commission - October 17, 2019 Item No. 2g Additional Materials Received After Deadline The Garden Office and Parking Structure (PA2019-023) 215 Riverside Avenue (PA2019-023) Planning Commission Public Hearing October 17, 2019 Office and Parking Structure Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Project Overview Community Development Department -Planning Division 2 Continued from August 22, 2019 Project scope changes: Office floor area reduced to 2,744 square feet Tandem parking configuration removed from plans Biological Resources Analysis: Considers wetland buffer to proposed project site Restaurant applicant has identified alternative parking supply. Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Required Entitlements Community Development Department -Planning Division 3 Coastal Development Permit •For demolition and project development in the Coastal Zone Conditional Use Permit •Parking structure adjacent to residential zone Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Community Development Department -Planning Division Site Plan 4 41 parking spaces 2 stories and 2,744 sq.ft. Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) First Floor Plan Community Development Department -Planning Division 5 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Second Floor Plan Community Development Department -Planning Division 6 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Existing Conditions (Riverside Avenue) Community Development Department -Planning Division 7 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Project Rendering (Riverside Avenue) Community Development Department -Planning Division 8 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Exterior Elevation (Riverside Avenue) Community Development Department -Planning Division 9 32 feet Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Existing Conditions (Avon Street) Community Development Department -Planning Division 10 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Project Rendering (Avon Street) Community Development Department -Planning Division 11 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Exterior Elevation (Avon Street) Community Development Department -Planning Division 12 32 feet Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Community Development Department -Planning Division Site Plan 13 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Site Section Community Development Department -Planning Division 14 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Vicinity Map Community Development Department -Planning Division 15 Residences Cliff Drive Park Project site The Garden shopping center Proposed Restaurant Alternative Parking Location Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) CEQA Review Community Development Department -Planning Division 16 Class 32 Exemption- (Infill Development Projects) Supporting Studies: •Biological Resources Analysis •Traffic trip analysis •Noise Study •Water Quality Management Plan (WQMP) •Water/sewer generation study Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Community Development Department -Planning Division 17 Park Views Key (Cliff Drive Park) Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Cliff Drive Park View #1 Community Development Department -Planning Division 18 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Cliff Drive Park View #2 Community Development Department -Planning Division 19 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Cliff Drive Park View #3 Community Development Department -Planning Division 20 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Visual Simulations (Cliff Drive Park) Community Development Department -Planning Division 21 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Cliff Drive Park View #4 Community Development Department -Planning Division 22 Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) GP Policies Community Development Department -Planning Division 23 General Plan Policies-Mariners’ Mile Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) MM Policies Community Development Department -Planning Division 24 General Plan Policies-Mariners’ Mile Mariners’ Mile Vision and Design Framework-Mariners’ Village Study Area Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Recommenda- tion Community Development Department -Planning Division 25 1. Conduct a public hearing Consider public comments received 2. Consider conditions to alleviate potential land use conflicts 3. Adopt the draft resolution approving the proposed development Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Makana Nova, Associate Planner, AICP 949-644-3249 mnova@newportbeachca.gov Community Development Department -Planning Division 26 Thank you! Questions? Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Staff The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) •Use of enhanced architectural finishes and articulation •Integration of landscape into the overall design •“Five” sided approach to design and finishes •Pedestrian oriented design for both the building and the parking •Preserves existing on street parking and contributes to an overall parking strategy •Consistent with the principles outlined in the Mariner’s Mile Strategic Vision and Design Framework Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) 215 Riverside Material Palette Brick Detail Metal Awning Landscape Glazing Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) View from Avon View from edge of Park View from Riverside Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Superimposed Existing and Proposed Site Plans Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Proposed Site Plan Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Encroachment Removal Diagram Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Encroachment Removal Diagram Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Existing Site Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Roof/Site Plan Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Height Limit Overlay Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Headlamp Beam Spread Diagram Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Improved Site-line Diagram Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Cross Section through Existing Site with Proposed Parking Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023) Planning Commission - October 17, 2019 Item No. 2h Additional Materials Presented At Meeting by Applicant The Garden Office and Parking Structure (PA2019-023)