HomeMy WebLinkAboutPA2019-164COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
September 25 2019
Reference No.PA2019-164
Robert Eres
Nexus Development Corporation
1 MacArthur Place, Suite 300
Santa Ana, CA 92707
RE: 850 & 856 San Clemente Drive, Newport Beach, CA 92660
APN 442-261-05 & 442-262-17
Dear Mr. Eres:
The above referenced properties are located within the San Joaquin Plaza
Planned Community (PC-19) and designated as MU-H3 (Mixed Use Horizontal)
within the Land Use Element of the General Plan . The properties are located on
the northwest portion of Newport Center and are presently occupied by the Orange
County Museum of Art and supporting administrative office building.
At the time the building permits were finaled, the building and parking requirements
were in substantial conformance with the development standards of the City of
Newport Beach Municipal Code. If the subject property does not comply with the
current regulations, it is considered to be nonconforming and is subject to Chapter
20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal
Code.
Research of the permit and entitlement history of the property verifies that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for development of the property. With the exception of the pending
ordinances (effective October 10, 2019), PA2007-151 (available upon request),
and discretionary approvals for signs, copies of those approvals are attached.
Please contact the Planning Division for further details on any discretionary
application:
PA2019-164
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Zoning Compliance – PA2019-164
Tmplt: 08-15-176
General Plan Amendment No. GP2018-003, Planned Community
Amendment No. PC2018-001, Major Site Development Review No.
SD2018-003, Development Agreement No. DA2018-005, Lot Merger No.
LM2018-004, Use Permit No. UP2018-019, and Addendum to
Environmental Impact Report No. ER2016-002 (PA2018-185) – The
project consists of the demolition of the former Orange County Museum of
Art buildings (approximately 39,000 square feet total) on a 2.9-acre site to
accommodate the development of an 183,983-square-foot, six-story senior
housing development (90 residential dwelling units) and memory care
facility (27 beds). The development would include resident dining areas,
fitness room, yoga room, indoor pool, lounge with bowling alley, salon, art
room, theater, library, golf simulator, and support uses such as offices,
mechanical and storage rooms, mail room, laundry, and housekeeping.
General Plan Amendment No. GP2015-001, Planned Community
Amendment No. PC2015-001, Code Amendment No. CA2015-008,
Development Agreement No. DA2016-001, Major Site Development
Review No. SD2016-001, Traffic Study No. TS2015-004, Tract Map No.
NT2016-001, and Environmental Impact Report No. ER2016-002
(PA2015-152) – for the proposed demolition of the existing 23,632 square
foot Orange County Museum of Art building and associated hardscape and
landscaping improvements to accommodate the development of a 25-story
100-unit residential condominium tower with two levels of subterranean
parking. These applications were approved by City Council and later
rescinded on February 28, 2017.
Planned Community Development Plan Amendment No. PD2007-003,
Development Agreement No. DA2007-002, Code Amendment No.
CA2007-007, Transfer of Development Rights No. TD2008-001,
Affordable Housing Implementation Plan No. AH2007-001, and Traffic
Study No. TS2007-001 (PA2007-151) – for the Fashion Island PC text to
be amended to incorporate San Joaquin Plaza, Block 600, and Block 500
to bring the zoning into conformance with the General Plan.
Use Permit No. UP2005-017 (PA2005-086) – to permit the sale of beer and
wine for on-site consumption at an existing café located within the Orange
County Museum of Art. UP2005-017 was revoked and replaced by the
approval of UP2018-019.
Modification Permit No. MD2004-059 (PA2004-184) – to allow the
construction of three flagpole-type structures that will accommodate
banners associated with museum events and exhibitions as well as
institution identity. MD2004-059 was revoked and replaced by the approval
of UP2018-019.
PA2019-164
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Zoning Compliance – PA2019-164
Tmplt: 08-15-176
The subject property does not have any active complaints on record. For
information regarding code violations, please contact the Code Enforcement
Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please
contact the Building Division to obtain copies of Certificates of Occupancy. For
information regarding plat maps or public rights-of way, please contact the Public
Works Department at (949) 644-3311. Should you have any further questions,
please contact me at 949-644-3312 or jperez@newportbeachca.gov.
Sincerely,
Enclosures:
Aerial Map
San Joaquin Plaza Planned Community (PC-19) Text
Discretionary Approvals
Notice of Decision (NOD)’s for SCH2016021023
PA2019-164
AERIAL MAP
850 & 856 San Clemente Drive
856 San Clemente
850 San Clemente
PA2019-164
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San Joaquin Plaza
Planned Community Development Plan
(PC 19 Amendment No. 8)
Land Uses, Development Standards &
Procedures
Ordinance No. 1649, Amendment No. 455, December 22, 1975
Ordinance No. 2007-20, PC Resolution No. 1739, Amendment No. PD2007-003 (PA2007-151)
Ordinance No. 2019-__, Amendment No. PC2018-001 (PA2018-185), September 10, 2019
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San Joaquin Plaza Planned Community Development Plan
(PC 19 Amendment No. 8)
Land Uses, Development Standards & Procedures
Table of Contents
I. Introduction
A. Introduction, Purpose, and Intent of Development Plan Page 3
B. Relationship to Municipal Code Page 3
C. San Joaquin Plaza Statistical Analysis Page 3
D. Figure 1 - San Joaquin Plaza Planned Community Area Location map Page 4
II. Land Uses and Development Regulation
a. Permitted Uses Page 5
b. Development Limits Page 6
c. Transfer of Development Rights Page 6
III. Site Development Standards
a. Site Setbacks Page 6
b. Senior Housing Open Space Requirements Page 7
c. Parking Page 7
d. Floor Area Ratio Page 8
e. Lot Coverage Page 8
f. Permitted Height of Structures Page 8
g. Rooftop Appurtenances Page 8
h. Architectural Features Page 8
i. Site Walls, Retaining Walls, Garage Walls and Mechanical Screens Page 8
j. Refuse Collection Page 9
k. Landscaping Page 9
l. Lighting Page 9
m. Signs Page 9
n. LEED Certification Page 11
o. Construction and Utility Requirements Page 11
IV. Definitions Page 13
V. Site Development Review Page 15
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San Joaquin Plaza PC Development Plan
Amendment No. 8
I. Introduction
A. Introduction, Purpose, and Intent of this Development Plan
The San Joaquin Plaza Planned Community District (PC-19) (the “San Joaquin Plaza PC District”)
for the City of Newport Beach is part of the Newport Center Development in conformance with
the Newport Beach General Plan (the “General Plan”). The General Plan identifies the goal of
creating a successful mixed-use district that integrates economic and commercial centers serving
the needs of Newport Beach residents and the sub -region, with expanded opportunities for a
variety of housing development within Newport Center.
As shown on Figure 1, the San Joaquin Plaza PC District is located in the north end of Newport
Center where the concentration of building height and mass is greatest. It is generally bounded
by Santa Cruz Drive on the east, San Clemente Drive to the south, and Santa Barbara Drive to the
west. Surrounding uses include a parking structure to the east, office buildings and a parking
structure to the west, residential apartments to the north, and office and residential apartments
to the south across San Clemente Drive. The Fashion Island regional mall is approximately ¼ mile
to the south. The purpose of the San Joaquin Plaza PC District is to ensure consistency with
General Plan policies related to development scale in Newport Center and expectations for high
quality development.
This San Joaquin Plaza PC Development Plan (as hereby amended, this “Development Plan”)
provides land use and development standards for the subject properties located at 850 San
Clemente Drive and 856 San Clemente Drive. This Development Plan supersedes the existing San
Joaquin Plaza PC Development Plan in its entirety, including the land use and development
standards therein. The specifications of this Development Plan are intended to provide flexibility
in both the land use and development standards for the planned buildings.
B. Relationship to the Municipal Code
Whenever the development regulations of this Development Plan conflict with the regulations
of the City of Newport Beach Municipal Code (the “Municipal Code”), the regulations contained
in this Development Plan shall prevail. The development regulations of the Municipal Code shall
apply with respect to those regulations not addressed by this Development Plan. All words and
phrases used in this Development Plan shall have the same meaning and definition as used in the
Municipal Code unless defined differently in Section IV (Definitions) of this Development Plan.
C. San Joaquin Plaza Statistical Analysis
The San Joaquin Plaza PC District area consists of the following two (2) existing buildings located
on the following two (2) adjoining parcels (however, this Development Plan allows for such
adjoining parcels to be combined into a single parcel for development purposes):
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Building 1 (850 San Clemente Drive) on Parcel 1
Existing Use: Orange County Museum of Art Exhibition Space (23,632
Square Feet)
Parcel Size: 1.996 acres
Building 2 (856 San Clemente Drive) on Parcel 2
Existing Use: Orange County Museum of Art Galleries Administrative
Offices and Storage (13,935 Square Feet)
Parcel Size: 0.910 acres
Total combined Land Parcels consisting of 2.91 acres
D. Figure 1 - San Joaquin Plaza Planned Community Area Location Map
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II. Land Uses and Development Regulations
A. Permitted Uses
1. General
The specific uses listed in Section II.A.2 below are permitted under this Development Plan . In
addition, uses determined to be either accessory or ancillary to such permitted uses, or Support
Uses to such permitted uses, are also permitted under this Development Plan. In addition, the
Community Development Director may determine other uses not specifically listed herein,
provided they are consistent with the Mixed- Use Horizontal (MU-H3) Land Use designation.
2. San Joaquin Plaza
a. Senior Housing (with or without congregate care), which may include a
development which is licensed by the State of California as a residential care
facility for the elderly (“RCFE”). Such Senior Housing may include independent,
assisted-living, and/or memory care units for persons 60 years of age or older.
b. Convalescent Facility (with or without congregate care), which may include a
development which is licensed by the State of California as a RCFE. Such
Convalescent Facility may include assisted-living care and/or memory care units.
c. Uses that are accessory or ancillary to the foregoing permitted uses, including
Support Uses for Senior Housing, are also permitted. These include, but are not
limited to, the following:
i. Lobby
ii. Club Rooms
iii. Bowling alley
iv. Fitness Center
v. Business Services
vi. Rooftop Lounge
vii. Salon/Spa
viii. Commercial Kitchen & Dining Hall with ancillary on-site sale alcohol
service (Type 47/57 or similar license)
ix. Laundry
x. Conference Rooms & Admin Offices
xi. Pool
xii. Putting Green
xiii. Bocce Ball Court
xiv. Dog Park
xv. Raised Herb Gardens
xvi. Similar resident serving uses
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d. Telecommunications facilities are permitted in accordance with Chapter 20.49
(Wireless Telecommunications Facilities) of the NBMC.
e. Land uses that are not listed above are not allowed, except as provided by Chapter
20.12(Interpretation of Zoning Code Provisions) of the NBMC or as required by State Law.
f. Temporary uses may be allowed only upon approval of a limited term permit pursuant
to Section 20.52.040 (Limited Term Permits) of the NBMC.
B. Development Limits
1. General
The following development limits in this Development Plan are consistent with those
established by the General Plan:
2. San Joaquin Plaza
Up to 90 Senior Housing units are permitted within the San Joaquin Plaza PC District.
Senior Housing units, associated common areas, and ancillary uses are measured on a per unit
basis and not by gross floor area. Senior Housing units are comprised of separate or independent
living areas for one or more persons, with area or equipment for sleeping, sanitation, and food
preparation.
Up to 16,000 square feet of Convalescent Facilities or other non-residential uses
(excluding Senior Housing units and associated common areas and ancillary uses) are permitted
within the San Joaquin Plaza PC District. Convalescent Facilities and other non-residential uses
(excluding Senior Housing units and associated common areas and ancillary uses) are measured
by gross floor area.
C. Transfer of Development Rights
Development limits may be modified through the approval of a Transfer of Development
Rights. The transfer of development rights among the San Joaquin Plaza PC District and to/from
other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed
in accordance with Policy LU 6.14.3 of the General Plan and this Development Plan. The transfer
of development rights shall be approved, as specified in the General Plan.
III. Site Development Standards
A. Site Setbacks
a. San Clemente Drive 15’0”
b. East Property Line (Adjacent to Parking Garage) 5’0”
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c. North Property Line (Adjacent to San Joaquin Apartments) 5’0”
d. West Property Line 5’0”
Note: Carports, site walls, trash or generator enclosures, and parking spaces shall not be
subject to any setback requirements.
B. Senior Housing Open Space Requirements
The following open space standards shall apply to Senior Housing:
1. Common Outdoor Open Space
The project shall provide a minimum of 5 percent common outdoor open space based
on the lot area (6,330 square feet minimum). The project shall provide common outdoor open
space either at grade, podium level, common level within the building or roof level. Qualifying
common outdoor open space areas shall have a minimum horizontal dimension of 30 feet and
may contain active and/or passive areas and a combination of hardscape and landscape features,
but a minimum of 10 percent of the common outdoor open space must be landscaped. All
common outdoor space must be accessible to all residents.
2. Common Indoor Open Space
The project shall provide at least one community room of at least 500 square feet for
use by residents of the project. The area should be located adjacent to, and accessible from,
common access point. This area may contain active or passive recreational facilities or meeting
space and must be accessible through a common corridor.
3. Private Open Space
At least 40 percent of all units shall provide private open space, on a balcony, patio,
or roof terrace. Private open space shall be a minimum of 30 square feet and an average
horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the
project in relationship to floor levels and sizes of units.
C. Parking
Off-street parking for Senior Housing units shall be provided at a ratio of not less than 1.2
parking spaces per unit. Ancillary uses, such as lobbies, club rooms, fitness center, business
services, amenities and building services shall not require additional parking as they support the
primary operations of the Senior Housing community and its residents.
Off-street parking for Convalescent Facilities (Memory Care) shall be provided at a ratio
of not less than one (1) parking space per three beds.
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D. Floor Area Ratio
a. Allowable Floor Area Ratio (FAR) 1.5:1 FAR
b. Lot Area 126,600 Square Feet
c. Allowable Floor Area 189,900 Square Feet
E. Lot Coverage
Lot Coverage is the percentage of the site area.
a. Minimum Lot Area 39,639 Square Feet
b. Allowable Lot Coverage is 25%
c. Minimum Lot Width 150 Feet
F. Permitted Height of Structures
The maximum Building Height of all buildings shall be 69 feet as measured from Finished
Grade to the top of primary structure (top of ceiling above highest occupiable living space). Finish
Grade is defined as the elevation point of the main building entry point at ground floor in relation
to mean sea level.
G. Rooftop Appurtenances
Rooftop Appurtenances are permitted above the primary structure and may exceed the
maximum Building Height by up to 10 feet (79 feet maximum). Rooftop Appurtenances must be
screened from public view; the height of Rooftop Appurtenances shall not exceed the height of
the screening. Supports for window washing equipment are permitted, and are not required to
be screened from view. Additional setbacks on the roof are not required.
H. Architectural Features
Architectural Features are permitted above the primary structure and may exceed the
maximum Building Height by up to 10 feet (79 feet maximum). Such features must be an
extension of the architectural style of the building in terms of materials, design and color.
I. Site Walls, Retaining Walls, Garage Walls and Mechanical Screens
a. Site Walls
i. Site walls shall not exceed 8’0” from Finish Grade.
b. Retaining Walls
i. Interior: The height of a retaining wall that faces interior to the project must
not exceed 12’0” from Finish Grade to top of wall. A 42-inch guardrail is
allowed above the wall where it is necessary for building and safety.
ii. Exterior: Retaining walls that face exterior to adjacent properties and San
Clemente Drive at property lines are limited in height to 12’0” from Finish
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Grade not including handrail conditions that may be required above these
walls. These handrail requirements may be formed by the retaining wall .
c. Garage walls that are exposed will be treated as architectural building façade.
d. Mechanical screens will be allowed to be of sufficient height to provide coverage of
equipment from public view. Required grills, louvers, vents and other functional
requirements of building equipment will, to the extent practical, be incorporated
into the building architecture. Ground-mounted mechanical screens shall not
exceed 12 feet in height. Mechanical equipment shall comply with the noise
standards of the City of Newport Beach Municipal Code.
J. Refuse Collection
The Senior Housing and Convalescent Facility shall provide a minimum of 384 square feet of trash
area. The trash area shall provide a dedicated area with three walls, a gate, and a solid roof cover
with a drain to the sewer system in accordance with the requirements of Section 20.30.120 (Solid
Waste and Recyclable Materials Storage) of the City of Newport Beach Municipal Code. All
storage of cartons, containers, and trash shall be shielded from view within a building or within
an area enclosed by a wall not less than 6 feet in height.
K. Landscaping
Refer to the landscape standards within the City of Newport Beach Municipal Code.
L. Lighting
Refer to the lighting standards within the City of Newport Beach Municipal Code.
M. Signs
1. General Sign Standards
A comprehensive sign program may be prepared if the applicant wishes to deviate
from the sign standards identified herein. Comprehensive sign programs shall be submitted for
review and consideration in accordance with the provisions of the City of Newport Beach
Municipal Code.
2. Prohibited Sign Types
Signs visible from public rights-of-way are prohibited as follows:
a. Rotating, flashing, blinking or signing with animation on a permanent basis
are prohibited.
b. Signs that imitate or resemble official traffic signs or signals are prohibited.
c. Wind signs or audible signs are prohibited.
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d. Any other sign types identified in the City of Newport Beach Municipal
Code as prohibited are also prohibited hereunder.
Animated signs visible from public streets are not allowed unless otherwise permitted by the
Municipal Code.
3. Sign Standards San Joaquin Plaza
Primary building address numbers shall be visible from the street (and/or pedestrian walkways
in the case of necessity) and be located on the building so that they are visible from adjacent
frontage roads and designated parking areas. Secondary address si gns may be located where
appropriate for on-site orientation and safety. All address signs shall have a consistent color,
design, and material for any given building. A single letter style sign is recommended.
Table 2 – Sign Standards for San Joaquin Plaza
Sign
Type Description Location Maximum
Number/Area
Maximum
Letter/
Logo Height
A
Entry columns or
ground mounted
signs in front of
landscaping.
Project entry at
San Clemente
(minimum 5-
foot setback
from front
property line)
4/100 square
feet each
36 inches
(6-foot
maximum
overall
height clear
of sight-
distance
areas)
B Building sign
On building
elevation or
awning
1 Primary/150
square feet
and 4
Secondary/100
square feet
each
Primary 48
inches
Secondary
36 inches
C Building address On building
elevation
4 (additional
address signs
may be located
where
appropriate for
in-site
orientation)/50
square feet
each or as
otherwise
4 inches
minimum
as required
by Fire
Department
and 24
inches
maximum
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required by
Fire
Department
D Advisory signs Entry to service
As appropriate
for safety and
orientation/25
square feet
As required
by Fire
Department
or Building
Code for
Safety
purposes
4. Temporary Signs
Temporary signs are permitted in accordance with the Newport Beach Municipal Code.
N. LEED Certification
The project shall be designed to meet the criteria of LEED Certification as based on L EED’s
prototype points and scorecard rating system.
O. Construction and Utility Requirements
1. Archaeological/Paleontological
Grading of the site is subject to the provisions of the City Council Policies K-4 & K-5 regarding
archaeological and paleontological resources and Mitigation Measures as adopted in the EIR
addendum Mitigation Monitoring and Reporting Program (MMRP).
2. Building Codes
Construction shall comply with applicable provisions of the California Building Code and the
various other mechanical, electrical and plumbing codes related thereto as adopted by the
Municipal Code.
3. Grading
Grading and excavation of the project shall be conducted and undertaken in a manner both
consistent with grading manual standards and ordinances of the City of Newport Beach , in
accordance with a grading and excavation plan approved by the City of Newport Beach Building
Division, and in accordance with Mitigation Measures as adopted in the EIR addendum Mitigation
Monitoring and Reporting Program (MMRP).
4. Telephone, Gas and Electrical Service
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All “on-site” gas lines, electrical lines and telephone lines shall be placed underground. Unless
prohibited by the utility company, transformer or terminal equipment shall be visually screened
from view from streets and adjacent properties.
5. Sewage Service
Any new and upgraded on and off-site sewer lines shall be designed in accordance with the
Utilities Department Director’s approval.
6. Storm Water Management
This project shall adhere to the Water Quality Management Plan (WQMP) approved in
conjunction with the issuance of building permits. Drainage and water quality assurance
measures will be implemented as per the City Public Works and Municipal Separate Storm Sewer
System (MS4) requirements. Development of the property will be undertaken in accordance with
the flood protection policies of the City.
7. Water Service
Water service to the site will be provided by the City of Newport Beach and is subject to
applicable regulations, permits and fees as prescribed by the City. The project shall provide the
infrastructure for Fire Protection Water Service and Domestic water.
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IV. Definitions
All words and phrases used in this Development Plan shall have the same meaning and definition
as used in the Municipal Code unless defined differently in this section.
Advisory Sign: Any sign that contains directional, directory, or safety information, and does not
contain advertisements.
Architectural Features: Architectural features include, but are not limited to, any extension of
the architectural style of the building in terms of materials, design and color that may exceed the
building height. Examples include: Roof overhangs, brackets, cornices, eaves, belt courses,
ornamental moldings, pilasters, and similar features.
Audible Signs: Any sign that uses equipment to communicate a message with sound or music.
Building Elevation: The exterior wall surface formed by one (1) side of the building.
Building Height: The height of a building as measured from the exterior finished grade to the
roof of the highest occupied space. If the building is on a sloping surface, the height
measurement is taken from the main building entrance.
Convalescent Facility: An age-restricted area or facility (with or without medical professional
staffing) designed and intended for persons ages 60 years and older with memory care needs. A
Convalescent Facility may be licensed by the State of California as a Residential Care Facility for
the Elderly, may include the provision of congregate care, and may offer services and assistance
with activities of daily living, such as bathing, dressing, eating, toileting, ambulatin g, assistance
with medications, housekeeping, scheduling of medical and dental appointments, accessing
community resources and transferring to outside facilities.
Finish Grade: The elevation point of the main building entry point at ground floor in relation to
mean sea level.
Floor Area, Gross: The gross floor area is the total enclosed area of all floors of a building
measured to the outside face of the structural members in exterior walls, including halls,
stairways, elevator shafts at each floor level, service and mechanical equipment rooms and
basement or attic areas having a height of more than seven feet. Excluded from gross floor area
are covered porches, space below building entry or basement, parking, walkways, loading docks,
service tunnels, mechanical shafts, and mechanical spaces which are inaccessible to tenants.
Monument Sign: Any sign that is supported by its own structure and is not part of or attached
to any building.
Parking Structure: Structures containing more than one story principally dedicated to parking.
Parking structures may contain accessory, ancillary, and resident Support Uses.
Podium Level: A superposed terrace conforming to a building’s plan, a continuous pedestal; a
line of vertical segregation linking separate areas.
Rooftop Appurtenance: A rooftop structure, equipment or element servicing or appurtenant to
a building, including, but not limited to, mechanical equipment, mechanical equipment screens,
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stairwell and elevator shaft housing, antennae, window washing equip ment, and wireless
communication facilities.
Senior Housing: An age-restricted residential development designed and intended for persons
ages 60 years and older. Such development may include the provision of congregate care
services for independent, assisted-living, or memory care residents. Senior housing units are
comprised of separate or independent living facilities for one or more persons, with area or
equipment for sleeping, sanitation, and food preparation. Additionally, a Senior Housing
development may be licensed by the State of California as a Residential Care Facility for the
Elderly.
Sign: Any media, including their structure and component parts which are used or intended to
be used out-of-doors to communicate the information to the public.
Support Uses: Uses within Senior Housing developments and parking structures designed,
oriented, and intended to primarily serve building occupants. This includes uses such as dry
cleaners, coffee vendors, and sundry shops.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth,
canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without
frames, intended to be displayed for a limited period of time.
Wind Sign: A series or similar banners or objects of plastic or other light material more than two
inches in diameter which are fastened together at intervals by wire, rope, cord, spring or any
other means, designed to move and attract attention upon being subjected to pressure by wind
or breeze.
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V. Site Development Review
The purpose of the Site Development Review (SD) process is to ensure that any new development
proposal within the Development Plan, Amendment No. 8) is consistent with the goals and
policies of the General Plan and the provisions of the PC-Text. Prior to the issuance of building
permits for development, a SD application shall be required in accordance with Section 20.52.080
(Site Development Reviews) of the Newport Beach Municipal Code. The submitted site plans and
elevations shall be part of this application.
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Resolution No. 2019-74
Page 2 of 8
Development Agreement — To provide public benefits should the Project be
approved pursuant to Section 15.45.020 (Development Agreement Required)
of the Newport Beach Municipal Code ("NBMC") because the requested
General Plan Amendment includes 50 or more dwelling units and adds dwelling
units within Statistical Area L1,
Conditional Use Permit — To allow the operation of the proposed senior
housing and memory care facility, alcohol service for dining hall and lounge
areas in the form of a Type 47 (On Sale General) and Type 57 (Special On
Sale General) Alcoholic Beverage Control ("ABC") licenses, and ensure land
use compatibility,
Major Site Development Review — To allow the construction of 90 senior
dwelling units and a 27 -bed memory care facility and to ensure the site is
developed in accordance with the applicable planned community and zoning
code development standards and regulations pursuant to Section 20.52.080
Site Development Reviews) of the NBMC,
Lot Merger — To merge the two (2) existing parcels into one development site,
Addendum to Environmental Impact Report (SCH#2016021023) — To
address reasonably foreseeable environmental impacts resulting from the
legislative and project specific discretionary approvals, the City has determined
that an addendum to a previously certified Environmental Impact Report ("EIR")
is warranted pursuant to the California Environmental Quality Act ("CEQA");
WHEREAS, the Property is designated PI (Private Institutions) by the General Plan
Land Use Element and is located within the PC -19 (San Joaquin Plaza Planned Community)
Zoning District;
WHEREAS, the Property is not located within the coastal zone; therefore, a coastal
development permit is not required.
WHEREAS, pursuant to California Environmental Quality Act ("CEQA") as set forth
in California Code of Regulations, Title 14, Division 6, Chapter 3, Public Resources Code
Sections 21000, et seq., and City Council Policy K-3, it was determined that the Original
Project ("Museum House") could have a significant adverse effect on the environment,
and thus warranted the preparation of an EIR;
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Resolution No. 2019-74
Page 3 of 8
WHEREAS, on February 5, 2016, the City, as lead agency under CEQA, prepared
a Notice of Preparation ("NOP") of the EIR and mailed that NOP to responsible and
trustee public agencies, organizations and persons likely to be interested in the potential
impacts of the Museum House Project, including any persons who had previously
requested notice in writing;
WHEREAS, on February 22, 2016, the City held a public scoping meeting to present
the Museum House Project and to solicit input from interested individuals, organizations,
and responsible and trustee public agencies regarding environmental issues that should be
addressed in the EIR;
WHEREAS, a Draft EIR (SCH No. 2016021023) ("DEIR") was prepared in
compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3;
WHEREAS, the DEIR was circulated for a 45 -day comment period beginning on
August 17, 2016, and ending on September 30, 2016. The DEIR, comments, and
responses to the comments were considered by the City Council in its review of the
proposed project;
WHEREAS, the Final EIR, consisting of the NOP, Initial Study, Draft EIR,
Responses to Comments, Revisions to the DEIR, and Mitigation Monitoring and
Reporting Program ("MMRP") attached as Exhibits A and B, and incorporated herein by
reference, were considered by the Planning Commission and City Council in its review of
the proposed project;
WHEREAS, the Final EIR identifies significant impacts to the environment which
are unavoidable in the areas of noise and vibration and more specifically short-term
construction related noise impacts;
WHEREAS, on November 29, 2016, the City Council adopted Resolution No.
2016-126 certifying Environmental Impact Report No. ER2016-002 for the Museum
House Project and approving a MMRP that was prepared in compliance with CEQA as
set forth in the California Public Resources Code Section 21000 et seq. and its
implementing State regulations set forth in the California Code of Regulations Title 14,
Division 6, Chapter 3 ("CEQA Guidelines") and City Council Policy K-3. The Museum
House Project reviewed under the EIR included an amendment to the City of Newport
beach General Plan ("General Plan"), Planned Community Development Plan
amendment, tentative vesting tract map, major site development review, traffic study, and
development agreement to allow demolition of the existing 23,632 -square -foot OCMA
building to accommodate the development of a 25 -story, 100 -unit residential
condominium building with two levels of subterranean parking on a two -acre site.
PA2019-164
Resolution No. 2019-74
Page 4 of 8
WHEREAS, the Applicant proposes the Project that includes additional land area
to the Project site (856 San Clemente Drive), resulting in the demolition of the 23,662 -
square -foot OCMA and supporting administration offices building totaling approximately
37,567 square feet. The Project includes the construction of a 183,983 -square -foot, six -
story senior housing development (90 residential dwelling units) and memory care facility
27 beds). Due to these proposed changes of the Project compared with the Museum
House Project considered in the EIR, an Addendum to the EIR was prepared pursuant to
Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to
an EIR or Negative Declaration) of the State CEQA Guidelines. The City retained
PlaceWorks to prepare the Addendum. A revised MMRP was also prepared, and all
applicable mitigation measures from the previous MMRP were included.
WHEREAS, a Planning Commission study session was held on April 18, 2019, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to
introduce the Project to the Planning Commission. No action was taken at the study session;
WHEREAS, on July 18, 2019, the Airport Land Use Commission ("ALUC") found
the City of Newport Beach Vivante Senior Housing project to be consistent with the Airport
Environs Land Use Plan for John Wayne Airport;
WHEREAS, the Planning Commission held a public hearing on July 18, 2019 in the
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. (the "Ralph M. Brown Act") and Chapters 15.45, 20.56 and
20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this hearing;
WHEREAS, on July 18, 2019, the Planning Commission adopted Resolution No.
PC2019-021 by a unanimous vote of 5 ayes and 0 nays, recommending approval of the
Project, including the Addendum to Final EIR No. ER2016-002 (SCH No. 2016021023),
and the land use entitlements referenced above, to the City Council;
WHEREAS, the City Council held a public hearing on August 13, 2019, in the
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and Chapters 15.45, 20.56 and 20.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing;
PA2019-164
Resolution No. 2019-74
Page 5 of 8
WHEREAS, pursuant to California Public Resources Code Section 21080.3.1
AB52), the City is required to consult with California Native American tribes that have
requested in writing to be informed of proposed projects in the geographic area that is
traditionally and culturally affiliated with the tribe. Two (2) tribes have requested
notification in writing. The tribal contacts were provided notice on February 12, 2016.
California Public Resources Code Section 21080.3.1 requires 30 days prior to City
Council action to allow tribe contacts to respond to the request to consult. A response
letter was received from the Gabrieleno Band of Mission Indians-Kizh Nation on April 9,
2019, requesting that a monitor from their tribe oversee ground -disturbing construction
work. Staff consulted with their representative, Mr. Andrew Salas by phone and in writing
regarding the matter. Mr. Salas expressed concern of the Project's location being an area
with potential tribal cultural resources. In response, and out of abundance of caution, the
Applicant has agreed to retain a tribal monitor in the unlikely event any resources are
found and the EIR mitigation measures have been updated accordingly. As a result, Mr.
Salas, the representative for the Gabrieleno Band of Mission Indians-Kizh Nation, agreed
that the implementation of these mitigation measures would be sufficient and the
consultation was closed;
WHEREAS, the following environmental topics were identified as potentially
affected by the implementation of the proposed Project: Aesthetics, Air Quality, Cultural
Resources, Geology/Soils, Greenhouse Gas Emissions, Hazards/Hazardous Materials,
Hydrology and Water Quality, Land Use/Planning, Noise, Population and Housing, Public
Services recreation, Transportation/Traffic, and Utilities and Sewer Services. These
topics were the subject of the Draft EIR analysis, and potential impacts were identified.
The document includes mitigation measures to reduce the potentially significant adverse
effects to a less than significant level related to Air Quality, Cultural Resources, Geology
and Soils and Transportation/Traffic;
WHEREAS, the noise analysis concluded that even with nine (9) mitigation
measures, the construction -related noise impact would be significant and unavoidable. In
particular the impact is due to the proximity of the apartments to the north of the site which
will be occupied prior to the start of construction. The nine (9) mitigation measures
address vehicle and equipment maintenance and the erection of a temporary sound
barrier/curtain between the construction site and apartments. All mitigation measures are
identified in the MMRP, which is included as "Exhibit B." Although the Project requires
less excavation and grading and has a shorter construction period, all previously identified
noise mitigation will be applied;
PA2019-164
Resolution No. 2019-74
Page 6 of 8
WHEREAS, on the basis of the entire environmental review record, the Project will
not result in any new significant impacts that were not analyzed in the EIR for the Museum
House Project, nor will the Project cause a substantial increase in the severity of any
previously identified environmental impacts. There are no known substantial adverse
effects on the environment that would be caused by the project with the exception of
short-term construction related noise impacts. Additionally, there are no long-term
environmental goals that would be compromised by the Project, nor cumulative impacts
anticipated in connection with the Project. The potential impacts associated with this
Project would either be the same or less than those described in the EIR. In addition,
there are no substantial changes to the circumstances under which the Project would be
undertaken that would result in new or more severe environmental impacts than
previously addressed in the EIR, nor has any new information regarding the potential for
new or more severe significant environmental impacts been identified. Therefore, in
accordance with Section 15164 of the CEQA Guidelines, an Addendum to the previously
adopted EIR is the appropriate environmental documentation for the Project. In taking
action on any of the approvals for the proposed Project, the data presented in the EIR,
as augmented by the Addendum, and the MMRP are considered as part of the record;
and
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications proposed by the City Council are not
major changes that require referral back to the Planning Commission for its
recommendation.
Section 2: The Museum House Project Final EIR (SCH No. 2016021023) was
prepared in compliance with CEQA, the State CEQA Guidelines, and City Council Policy
K-3. By Resolution No. 2016-126, the City Council, having final approval authority over
the project, adopted and certified as complete and adequate the Museum House Project
Final Environmental Impact Report (SCH No. 2016021023) and adopted "Mitigation
Monitoring and Reporting Program." Resolution No. 2016-126 is hereby incorporated by
reference.
PA2019-164
Resolution No. 2019-74
Page 7of8
Section 3: The City Council of the City of Newport Beach hereby certifies EIR
Addendum No. ER2016-002 (SCH No. 2016021023), which is attached here to as Exhibit
A" and incorporated herein by reference. EIR No. ER2016-002 consists of the EIR
Addendum, Appendices, and Certified EIR.
Section 4: The City Council of the City of Newport Beach hereby approves the
Mitigation Monitoring Report Program attached hereto as Exhibit "B" and incorporated
herein by reference.
Section 5: Pursuant to CEQA Guidelines Section 15091, the City Council has
reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as
shown in Exhibit "C," entitled "CEQA Findings of Fact Regarding the Environmental
Effects of the Approval of the Vivante Senior Housing Project," which is hereby
incorporated by reference.
Section 6: Pursuant to CEQA Guidelines Section 15093, the City Council has
reviewed and hereby makes the Statement of Overriding Considerations to adverse
environmental impacts, attached also as Exhibit "D" entitled "CEQA Statement of
Overriding Considerations", which is hereby incorporated by reference. The City Council
finds and declares that through its efforts to achieve the goals of the General Plan related
to Newport Center, the project promotes the mixed-use environment envisioned by the
General Plan.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 9: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
PA2019-164
Resolution No. 2019-74
Page 8 of 8
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 13th day of August, 2019.
ATTEST:
r
It \-"NJ v I i y . r
Leilani r. Brown
City Clerk U
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron. Harp
City At rney
lane B. Dixon
Mayor
I`'FORN\-;
Attachment(s):
Exhibit "A" Environmental Impact Report Addendum No. 2016-002
Exhibit "B" Mitigation Monitoring Report Program
Exhibit "C" CEQA Findings of Fact Regarding the Environmental Effects of the
Approval of the Vivante Senior Housing Project
Exhibit "D" CEQA Statement of Overriding Considerations
PA2019-164
Exhibit "A"
Environmental Impact Report Addendum
EIR Addendum (SCH No. 2016021023)
Addendum
Appendices
Certified EIR
Available separate due to bulk)
www.newportbeachca.gov/cega
PA2019-164
Exhibit "B"
Mitigation Monitoring Report Program
PA2019-164
June 2019 1 Mitigation Monitoring and Reporting Program
State Clearinghouse No. 2016021023
VIVANTE SENIOR LIVING PROJECT
City of Newport Beach
Prepared for:
City of Newport Beach
Contact: Makana Nova, Associate Planner
Community Development Department
100 Civic Center Drive
Newport Beach, California 92660
949.644.3249
Prepared by:
PlaceWorks
Contact: JoAnn Hadfield, Principal,
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
info@placeworks.com
www.placeworks.com
@D PLACEWORKS
PA2019-164
PA2019-164
VIVANTE SENIOR LIVING PROJECT EIR ADDENDUM MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Table of Contents
Section Page
1. MITIGATION MONITORING AND REPORTING PROGRAM......................................................... 1
1. 1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................ 1
1.2 PROJECT LOCATION....................................................................................................................................... 2
1.3 PROJECT SUMivi 1RY......................................................................................................................................... 3
List of Tables
Table 1 Mitigation Monitoring Requirements................................................................................................ 5
April 2019 Pae i
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VIVANTE SENIOR LIVING PROJECT EIR ADDENDUM MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Table of Contents
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1. Mitigation Monitoring and Reporting Program
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING
PROGRAM
This i,/litigation Monitoring and Reporting Program has been developed to provide a vehicle by which to
monitor mitigation measures and conditions of approval outlined in the Vivante Senior Living Project EIR
Addendum, State Clearinghouse No. 2016021023. The Mitigation Monitoring and Reporting Program
MMRP) has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of
Newport Beach Monitoring Requirements. Section 21081.6 states:
a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or
when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision
c) of Section 21080, the following requirements shall apply:
1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to mitigate
or avoid significant effects on the environment. The reporting or monitoring
program shall be designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the project at the
request of a responsible agency or a public agency having jurisdiction by law over
natural resources affected by the project, that agency shall, if so requested by the
lead or responsible agency, prepare and submit a proposed reporting or monitoring
program.
2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is
based.
The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring
program must be designed to ensure compliance during project implementation. The City of Newport Beach
is the lead agency for the Vivante Senior Living Project and is therefore responsible for implementing the
MMRP The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as
a fully enforceable monitoring program.
The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation
program. The MMRP defines the following for the mitigation measure outlined in Table 1, Mitigation
Monitoring Requirements:
Apri12019 Page 1
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VIVANTE SENIOR LIVING PROJECT EIR ADDENDUM MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Mitigation Monitoring and Reporting Program
Definition of Mitigation. The mitigation measure contains the criteria for mitigation, either in the form
of adherence to certain adopted regulations or identification of the steps to be taken in mitigation.
Responsible Party or Designated Representative. Unless otherwise indicated, the project applicant is
the responsible party for implementing the mitigation, and the City of Newport Beach or a designated
representative is responsible for monitoring the performance and implementation of the mitigation
measures. To guarantee that the mitigation measure will not be inadvertently overlooked, a supervising
public official acting as the Designated Representative is the official who grants the permit or
authorization called for in the performance. Where more than one official is identified, permits or
authorization from all officials shall be required.
Time Frame. In each case, a time frame is provided for performance of the mitigation measure or
review of evidence that mitigation has taken place. The performance points selected are designed to
ensure that impact -related components of project implementation do not proceed without establishing
that the mitigation is implemented or ensured. All activities are subject to the approval of all required
permits from local, state, and federal agencies with permitting authority over the specific activity.
The numbering system in Table 1 corresponds with the numbering system used in the EIR Addendum. The
last column of the MMRP table will be used by the parties responsible for documenting when
implementation of the mitigation measure has been completed. The ongoing documentation and monitoring
of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and
supplemental documents will be kept on file at the City of Newport Beach Community Development
Department Planning Division.
1.2 PROJECT LOCATION
The project site is in the south-central portion of the City of Newport Beach (City), which is in the western
part of Orange County in southern California. The City is bordered by Huntington Beach to the northwest,
Costa Mesa to the north, Irvine to the northeast, unincorporated areas (Crystal Cove State Park) of Orange
County to the southeast, and the Pacific Ocean to the south. Regional access to the project site is provided via
Interstate 405 (1-405), State Route 55 (SR -55), SR -73 (San ,Joaquin Hills Transportation Corridor), and
Highway 1 (Pacific Coast Highway).
The project site is in Newport Center, an area of the City that includes a mix of high- and low-rise office,
residential, and hospitability buildings surrounding the Fashion Island regional mall. The site is approximately
2.9 acres and is at 850 and 856 San Clemente Drive (Assessor's Parcel Numbers 442-261- 05 and 442-261-17,
respectively). The project site is generally bounded by Santa Cruz Drive to the east, Santa Barbara Drive to
the west, San Joaquin Hills Road to the north, and San Clemente Drive to the south.
Page 2 Place6Y/arks
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VIVANTE SENIOR LIVING PROJECT EIR ADDENDUM MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Mitigation Monitoring and Reporting Program
1.3 PROJECT SUMMARY
The proposed project consists of redeveloping the project site with the Vivante Senior Living Project, which
is a multistory luxury senior living project that would provide assisted living units, a memory care unit, and
various resident amenities and services.
The project site sits on two parcels that are approximately 2.9 acres. The proposed project would demolish
the 23,632 -square -foot, single -story OCMA building and the 14,556 -square -foot single -story office building,
remove the surface parking lots, grub onsite vegetation, and remove all ornamental trees onsite. The project
site would be developed with the proposed luxury senior living project which includes a six -story plus
basement, 183,500 -square -foot, L-shaped, building which would be centrally located within the project site.
The proposed building would be constructed up to 69 feet in height and would house assisted living units and
a memory care unit, and congregate care services, via a state -licensed residential care facility for the elderly,
would be provided to residents in both the assisted living and memory care units. The proposed project
would include 54 one -bed units (studios) and 36 two -bed units in the assisted living portion, and 27 beds are
proposed in the nine memory care units. There would be a total of 153 beds within the 99 units proposed.
Unit sizes would range from 530 square feet for one -bed units and up to 2,500 square feet for two -bed units.
All units would be provided on the second to sixth floors of the building, with the exception of a couple of
units on the ground level.
Apra12019 Page 3
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VIVANTE SENIOR LIVING PROJECT EIR ADDENDUM MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Mitigation Monitoring and Reporting Program
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PA2019-164
Exhibit "C"
CEQA Findings of Fact
Regarding the Environmental Effects of the Approval of the
Vivante Senior Housing Project
PA2019-164
Exhibit C
CEQA FINDINGS OF FACT
FOR THE VIVANTE SENIOR HOUSING PROJECT
FINAL ENVIRONMENTAL IMPACT REPORT ADDENDUM
City of Newport Beach
STATE CLEARINGHOUSE NO. 2016021023
INTRODUCTION
The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the
lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the
project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public
Resources Code. The State CEQA Guidelines Section 15091 provides:
a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the rationale for each
finding. The possible findings are:
Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes have
been adopted by such other agency or can or should be adopted by such other
agency.
3. Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final
EIR.
b) The findings required by subdivision (a) shall be supported by substantial evidence in
the record.
c) The finding in subdivision (a)(2) shall not be made if the agency making the finding
has concurrent jurisdiction with another agency to deal with identified feasible
mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the
specific reasons for rejecting identified mitigation measures and project alternatives.
d) When making the findings required in subdivision (a)(1), the agency shall also adopt
a program for reporting on or monitoring the changes which it has either required in
the project or made a condition of approval to avoid or substantially lessen significant
environmental effects. These measures must be fully enforceable through permit
conditions, agreements, or other measures.
Vivante Senior Housing Project EIR Addendum
CEQA Findings of Fact -1-
PA2019-164
e) The public agency shall specify the location and custodian of the documents or other
materials which constitute the record of the proceedings upon which its decision is
based.
f) A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic, environmental, social, and
technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See
Citi' -ens of Goleta Malley v. Board of Supervisors (19 90) 52 Cal. 3d 553, 565 (Goleta II).)
The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation
measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa
Cru'- (2009) 177 CalApp.4th 957, 1001 ["an alternative `may be found infeasible on the ground it is inconsistent
with the project objectives as long as the finding is supported by substantial evidence in the record"'].) An
alternative may also be rejected because it "would not `entirely fulfill' [a] project objective." Citi' -ens for Open
Government v. City of Lodi (2012) 205 Cal.App.4th 296, 314-315.) "[F]easibihty" under CEQA encompasses
desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic,
environmental, social, and technological factors." (City of Del Mar P. City of San Diego (1982) 133 Ca1.App.3d 410,
417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Ca1.App.4th 704, 715.)
With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency,
after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of
overriding considerations setting forth the specific reasons why the agency found that the project's "benefits"
rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043,
subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he
wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is
necessarily left to the sound discretion of the local officials and their constituents who are responsible for such
decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore
balanced." (Goleta 11, supra, 52 Cal.3d at p. 576.)
When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further
provides:
a) CEQA requires the decision-making agency to balance, as applicable, the economic,
legal, social, technological, or other benefits of a proposed project against its
unavoidable environmental risks when determining whether to approve the project.
If the specific economic, legal, social, technological, or other benefits of a proposal
project outweigh the unavoidable adverse environmental effects, the adverse
environmental effects may be considered "acceptable."
b) Where the lead agency approves a project which will result in the occurrence of
significant effects which are identified in the final FIR but are not avoided or
substantially lessened, the agency shall state in writing the specific reasons to support
its action based on the final FIR and/or other information in the record. This
statement of overriding considerations shall be supported by substantial evidence in
the record.
c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice
of determination. This statement does not substitute for, and shall be in addition to,
findings required pursuant to Section 15091.
Vivante Senior Housing Project FIR Addendum
CEQA Findings of Fact -2-
PA2019-164
Having received, independently reviewed, and considered the Draft Environmental Impact Report (DEIR) and
the Final Environmental Impact Report (FEIR) for the Museum House Project, SCH No. 2016021023
collectively, the EIR), the Vivante Senior Housing Project FIR Addendum ('Modified Project), as well as all
other information in the record of proceedings on this matter, the following Findings of Facts (Findings) are
hereby adopted by the City of Newport Beach (City) in its capacity as the CEQA Lead Agency.
These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for
adoption and implementation of the Vivante Senior Housing Project. This action includes the certification of
the following:
Addendum to the Museum House Project Environmental Impact Report, SCH No. 2016021023, Vivante
Senior Housing Project.
A. DOCUMENT FORMAT
These Findings have been organized into the following sections:
Section I provides an introduction.
Section II provides a summary of the project, overview of the discretionary actions required for
approval of the project, and a statement of the project's objectives.
Section III sets forth findings regarding the environmental impacts that were determined to be less
than significant and not requiring consideration given the nature and location of the proposed project.
Section IV sets forth findings regarding significant or potentially significant environmental impacts
identified in the Addendum that the City has determined are either not significant or can feasibly be
mitigated to a less than significant level through the imposition of project design features and/or
mitigation measures. In order to ensure compliance and implementation, all of these measures are
included in the Mitigation Monitoring and Reporting Program (M MRP) for the proposed project and
adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be
reduced to less than significant levels through adherence to project design features and/or mitigation
measures, these findings specify how those impacts were reduced to an acceptable level. Section IV
also includes findings regarding those significant or potentially significant environmental impacts
identified in the DEIR and Addendum that will or may result from the project and which the City has
determined cannot feasibly be mitigated to a less than significant level.
Section V sets forth findings regarding alternatives to the Museum House project.
B. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of
the following documents and other evidence, at a minimum:
Vivante Senior Housing Project (Modified Project)
The Vivante Senior Housing Project EIR Addendum
All technical studies for the modified project
The Mitigation Monitoring and Reporting Program for the modified project
Museum House project (Original Project):
Vivante Senior Housing Project EIR Addendum
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The NOP and all other public notices issued by the City in conjunction with the Museum House project
The DEIR for the Museum House Project
The FEIR for the Museum House Project
All written comments submitted by agencies or members of the public during the public review comment
period on the Museum House Project DEIR
All responses to written comments submitted by agencies or members of the public during the public
review comment period on the Museum House Project DEIR
All written and verbal public testimony presented during a noticed public hearing for the Museum House
Project
The reports and technical memoranda included or referenced in the Response to Comments of the
Museum House Project FEIR
All documents, studies, EIRs, or other materials incorporated by reference in the Museum House Project
DEIR and Museum House Project FEIR
The EIR Resolution adopted by the City of Newport Beach in connection with the Museum House
Project, and all documents incorporated by reference therein, including comments received after the close
of the comment period and responses thereto
Matters of common knowledge to the City of Newport Beach, including but not limited to federal, state,
and local laws and regulations
Any documents expressly cited in these Findings
Any other relevant materials required to be in the record of proceedings by Public Resources Code Section
21167.6(e)
The documents and other material that constitute the record of proceedings on which these findings are based
are located at the City of Newport Beach Community Development Department. The custodian for these
documents is the City of Newport Beach. This information is provided in compliance with Public Resources
Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).
C. CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City's actions related to
the project are at the City of Newport Beach Community Development Department, 100 Civic Center Drive,
Newport Beach, California 92660. The City's Community Development Department is the custodian of the
administrative record for the project. Copies of these documents, which constitute the record of proceedings,
are and at all relevant times have been and will be available upon request at the offices of the Community
Development Department. This information is provided in compliance with Public Resources Code Section
21081.6(a)(2) and 14 California Code Regulations Section 15091(e).
PROJECT SUMMARY
The following project information is for the Vivante Senior Housing Project (Modified Project). Under
CEQA, this project is eligible to be processed with an Addendum to the Environmental Impact Report (EIR)
for the Museum House project previously proposed on the project site. As detailed below, the Vivante
Senior Housing Project proposes 90 residential units and 27 memory care beds within a 6 -story,
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approximately 77 -foot 10 -inch high building. In comparison, the Museum House project would have
provided 100 residential condominium units within a 25 -story, approximate 295 -foot tall building.
A. PROJECT LOCATION
The City of Newport Beach is in the western part of Orange County in Southern California. The City is
bordered by Huntington Beach to the northwest, Costa Mesa to the north, Irvine to the northeast, and
unincorporated areas (Crystal Cove State Park) of Orange County to the southeast.
Regional access to the City is provided by various freeways, including Interstate 405 which runs north to south
across the southern California region and intersects State Route 73 (San Joaquin Hills Transportation Corridor)
and State Route 55. State Route 55 also runs north to south and terminates in the City of Costa Mesa. State
Route 73 runs along the northwestern boundary of the City limits and connects with Interstate 5 further south
in Laguna Niguel. Highway 1, also known as East/West Coast Highway, runs near the southeastern boundary
of Newport Beach.
The project site is located in Newport Center, which includes residential, hospitality, and high- and low-rise
office buildings surrounding the Fashion Island regional mall. The site itself is approximately 2.9 acres and is
located at 850 and 856 San Clemente Drive in Newport Center (Assessor's Parcel Number 442-261-05 and
442-261-17, respectively). The project site is generally bounded by Santa Cruz Drive to the east, Santa Barbara
Drive to the west, San Joaquin Hills Road to the north, and San Clemente Drive to the south.
B. PROJECT DESCRIPTION
A senior housing project is proposed within a six -story plus basement, 183,983 -square -foot, L-shaped,
building. The building would be constructed up to 68 feet 8 inches to the top of the ceiling with roof and
appurtenances up to 77 feet 10 inches and would house independent/ assisted living, apartment style dwelling
units and a memory care facility for senior citizens. Congregate care services via a Residential Care Facility for
the Elderly (RCFE) state -licensed residential care facility for the elderly would be provided to residents in both
the independent/assisted living dwelling units and memory care facility. Specifically, 54 one -bed dwelling units
studios) and 36 two -bed dwelling units are proposed in the independent/ assisted living portion, and 27 beds
are proposed in the memory care facility. Together, there would be a total of 126 beds within 90 apartment
style units plus 27 memory care beds for a total of 153 beds. Unit sizes in the independent/ assisted living
portion would range from 530 square feet for one -bed units and up to 2,500 square feet for two -bed units. All
of the units, with the exception of a couple of units on the ground level, would be provided on the second to
sixth floors of the building.
Architectural Features
The proposed architectural style would be Contemporary, and design elements (e.g., roof style, window
fenestration and details, building materials) would be consistent with this architectural style. For example, design
elements would include light -finish smooth -coat plaster walls; natural Travertine stone; vinyl windows; and
metal railings, window trims, and porte-cochere. Building pop -outs and offsets; variations in building rooflines,
materials, colors, and landscaping; and balconies would be added and modulated to offset the building's
massing, provide human scale, promote visual interest and articulation, and provide relief to and variation in
the building form and style.
Common Area Amenities
Future project residents would have access to a number of amenities, recreation and entertainment areas, and
services, including: indoor pool, dining hall (serving three meals per day), bar/lounge, small retail shop, fitness
center, dance/ yoga studio, salon, laundry room, movie theatre, bowling alley, card and game rooms, library, art
studio, and activity lounge. All of these amenities would be provided on the basement and ground level of the
building. flowever, the second floor would also feature a lounge, activity area, dining area, and wellness office
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and medical room to serve the memory care facility. Staff would prepare food in two kitchens—one on the
ground level and the other on the second floor.
Moreover, project residents would also have access to a large outdoor courtyard, which would feature a lounge
with firepit, outdoor dining area, barbecue with bar seating, gardens and farm grove, Erre pits with seating, event
and game space, self -serve snack and drink stand with seating, five -hole putting course, and dog run with
artificial pet turf.
Congregate care services would be provided for a portion of future project residents. Additionally,
transportation services would be provided to residents for daily activities such as shows, shopping, dining,
doctor appointments, etc. via numerous community sedans and shuttle vans.
Site Circulation and Parking
Pam.
Onsite parking areas would be provided in the western, southern, and eastern portions of the project site. A
total of 118 parking spaces would be provided for future resident, guest, and staff use. All parking needs would
be provided onsite in accordance with the City's parking requirements.
Vehicular Circulation
Primary vehicular access to the project site would be via a new, full -access driveway (all turning movements
permitted) off San Clemente Drive opposite Santa Maria Road. The driveway would feature a small landscaped
median finger to direct vehicles entering and exiting the project site. The driveway connects to internal private
drive aisles, which would direct vehicles to the onsite surface parking areas in the western, southern, and eastern
portions of the project site.
Secondary vehicular access to the project site would be provided via the existing asphalt -paved private street
Access Drive) located at the rear of the property that connects to the adjacent apartment development, the
Villas at Fashion Island. Use of this secondary access would be provided via an access easement entered into
by and between The Irvine Company and the project applicant. This private street connects to the northeastern
end of the project site. It also serves as access for emergency response vehicles.
Pedestrian Circulation
Pedestrian access to the project site would be via the existing public sidewalk along San Clemente Drive. A
portion of the sidewalk would be removed to construct the new driveway proposed off San Clemente Drive.
A short walkway would be provided along the western portion of the driveway, which would connect to the
public sidewalk on San Clemente Drive. The walkway would lead to a striped, accessible path of travel that
would provide pedestrian access to the main building entry.
Internally, sidewalks would be provided along the western, southern, and eastern edges of the building. These
sidewalks would provide access to the main and other building entries, outdoor courtyard, and surface parking
areas. Once in the building, project residents, guests, and staff would be able to access the upper floors via
stairs or an elevator.
C. DISCRETIONARY ACTIONS
Implementation of the project within the City of Newport Beach will require several actions by the City, including:
General Plan Amendment (GP2018-003)
Planned Community Development Plan Amendment (PC2018-001)
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Development Agreement (DA2018-007)
Conditional Use Permit (UP2018-019)
Major Site Development Review (SD2018-003)
Lot Merger (LM2018-004)
Addendum No. I to Environmental Impact Report No. ER2015-002 (SCH#2016021023)
III. FINDINGS REGARDING LESS THAN SIGNIFICANT IMPACTS
A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE ADDENDUM
The following impacts were evaluated in the Addendum and compared to the impacts as analyzed in the original
Museum House project EIR. Given that the original project authorized a more intense development than the
proposed Vivante project, a general reduction in the level of environmental impacts would occur for the senior
housing project (Modified Project). The Addendum substantiated that these impacts would be less than
significant without mitigation.
a) Aesthetics: The project site is located in a highly urbanized portion of the City and does not exhibit any
significant visual resources or scenic vistas, nor would the proposed project impact scenic resources within
a state scenic highway. The proposed building and site improvements fit into the overall layout of the
project site, and the architectural elements and design would ensure compatibility with the surrounding
uses. Additionally, except for the windows, the proposed building materials and architectural treatments
are not reflective and would not create substantial daytime glare; light sources of the proposed project
would be similar to that of the surrounding uses and would be designed to prevent spillover.
b) Agriculture and Forestry Resources: The project site does not contain Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance. There are no active Williamson Act contracts applicable
to the project site. No portion of the project area includes forest resources, and the site is not zoned for
forest land, timberland, or timberland production.
c) Air Quality: Development of the proposed project would not conflict or obstruct implementation of
applicable air quality plans, and construction and operational activities of the proposed project would not
create objectionable odors that could affect a substantial number of people.
d) Biological Resources: The proposed project site is in an urban environment and would not adversely
impact candidate, sensitive, or special status species; riparian habitat or other sensitive natural communities;
federally protected wetlands; native resident or migratory fish or wildlife species; or wildlife corridors or
nursery sites. The project also would not conflict with any local ordinances protecting biological resources,
adopted Habitat Conservation Plan or Natural Community Conservation Plan.
e) Cultural Resources: The proposed project would not impact historical resources and would not disturb
any human remains.
f) Energy: Construction and operational activities of the proposed project would not result in wasteful or
unnecessary energy demands, and the proposed project would not conflict with a state or local plan for
renewable energy or energy efficiency.
g) Geology and Soils: The proposed project would not expose people or structure to potential substantial
adverse effects involving rupture of a known earthquake fault as delineated on the most recent Alquist-
Priolo Earthquake Zoning Map or based on other substantial evidence of a known fault. Impacts related
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CEQA Findings of Fact -
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to strong seismic ground shaking, liquefaction, and landslides would be less than significant and the
proposed project would not use septic systems or alternative waste water disposal systems.
h) Greenhouse Gas Emissions: The proposed project would not generate greenhouse gas emissions that
would have a significant impact on the environment, and the proposed project would not conflict with the
CARB Scoping Plan or SCAG's RTP/SCS.
i) Hazards and Hazardous Materials: The proposed project would not create a significant hazard to the
public or environment through routine transport, use, or disposal of hazardous materials, or through
reasonably foreseeable upset and accident conditions. The project also would not handle or operate
hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The
site is not located on a list of hazardous materials per Government Code Section 65962.5. Impacts to
airport safety hazards for the proposed project would be less than significant. The proposed project would
not impair implementation of or physically interfere with an adopted emergency response/evacuation plan
or expose people or structures to potential wildland fire hazards.
j) Hydrology and Water Quality: The proposed project would have less than significant impacts to water
quality during construction and operational activities, groundwater recharge, on- or offsite erosion or
siltation, on -or offsite flooding, and stormwater drainage system capacities. The proposed project would
not redirect or impede flood flows, and the project site would not risk release of pollutants to project
inundation due to flood hazard, tsunami, or seiche zones. The proposed project would not conflict or
obstruct a water quality control plan or groundwater management plan.
k) Land Use and Planning: The proposed project would not physically divide an established community or
conflict with a land use plan, policy, or regulation
1) Mineral Resources: The proposed project would not result in the loss of availability of a known mineral
resource or locally important mineral resource recovery site.
m) Noise: The proposed project would have less than significant impacts to generating excessive groundborne
vibration or groundborne noise levels. The project would not expose people residing or working in the
project area to excessive noise levels from a public airport or private airstrip.
n) Population and Housing: The proposed project would not displace any housing or residents. The
proposed project would have a less than significant impact to population and housing growth.
o) Public Services: Impacts to fire and police services, and park facilities would be less than significant, and
no impacts to schools would occur as a result of project implementation. Other public service facilities,
such as libraries, would not be adversely impacted by development of the proposed project.
p) Recreation: The proposed project would have a less than significant impact on existing neighborhood and
regional parks. The proposed project would not require the construction or expansion of recreational
facilities that could adversely affect the environment.
q) Transportation: The proposed project would have less than significant impacts to the circulation system
and would not conflict with CEQA Guidelines § 15064.3, subdivision (b). additionally, the proposed
project would not significant increase hazardous conditions due to design features or incompatible uses,
and the proposed project would not result in inadequate emergency access.
r) Tribal Cultural Resources: The proposed project would not impact listed or eligible historical resources.
s) Utilities and Service Systems: The proposed project would not result in a substantial increase in demand
for water, wastewater, and stormwater facilities, and energy use would be less than significant. Impacts to
water supplies, wastewater treatment, and solid waste generation would be less than significant. The
proposed project would comply with laws and regulations governing solid waste disposal.
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t) Wildfire: The proposed project is not in or near an SRA or LRA, or lands classified as high fire hazard
severity zones, and therefore, the proposed project would not impair an adopted emergency response plan
or evacuation plan, exacerbate fire risks, or expose people or structures to significant risks.
IV. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS
The following potentially significant environmental impacts were analyzed in the Museum House project DEIR
and subsequently in the Vivante Senior Housing Addendum Modified Project). Because of environmental
analysis of the project and the identification of relevant General Plan policies, compliance with existing laws,
codes, and statutes, and the identification of feasible mitigation measures, some potentially significant impacts
have been determined by the City to be reduced to a level of less than significant, and the City has found—in
accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes
or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant
effects on the environment." This is referred to herein as "Finding 1."
Where the City has determined—pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section
15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public
agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to
herein as "Finding 2."
Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with
the identification of project design features, compliance with existing laws, codes and statutes, and/or the
identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less
than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially
significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA
Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred
to herein as "Finding 3."
A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT
The following summary describes impacts of the original Museum House project that, without mitigation,
would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the
Museum House project certified EIR, the impacts would be considered less than significant.
The impact summary for the Museum House project is followed by the impact summary for the Modified
Project (Vivante). Mitigation measures as included in the 2016 certified EIR for the Museum House project
were reproduced in the Addendum, and in these Findings of Fact as they apply to the Modified Project. As
needed, mitigation measures have been renumbered, modified, refined, and/or supplemented to ensure
mitigation is implemented as intended for the Modified Project. Modifications to the mitigation measures are
identified in sLnkeetrt text to indicate deletions and underline bold text to signify additions.
Note that the updated CEQA Guidelines have moved Paleontological impacts to the Geology and Soils section.
Additionally, impacts related to tribal resources have been moved to the Tribal Cultural Resources section.
1. Air Quality
Original Project
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Impact 5.2-2: Construction activities associated with implementation of the Museum House project would
generate short-term emissions that exceed the South Coast Air Quality Management District's
regional construction threshold for volatile organic compounds.
Construction activities for the Museum House project would temporarily increase particulate matter ( PM,()),
fine particulate matter (PM,.;), volatile organic compounds (VOC), nitrogen oxides (NOx), sulfur oxides (SOx),
and carbon monoxide (CO) regional emissions within the South Coast Air Basin (SoCAB). Activities would
include demolition of the existing Orange County Museum of Art (C)CMA) building, site preparation, grading,
utility trenching, construction of the 25 -story condominium tower, and offsite sewer improvement. Maximum daily
construction emissions would not exceed SCAQMD's regional construction significance thresholds for NO,,
CO, SO2, PMio, and PM2,5. However, the maximum daily emissions of VOC generated from the combined
building construction, asphalt paving, and architectural coating activities would exceed SCAQMD's regional
construction significance threshold for VOC. Consequently, impacts to regional air quality from project -related
construction activities would be significant unless mitigated.
Implementation of Mitigation Measure 2-1 would reduce short-term VOC emissions associated with
construction activities to less than significant levels.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measure AQ -1 in
order to reduce maximum daily construction emissions for the proposed project.
Mitigation Measures
2 -+AQ -1 During construction, the construction contractor(s) shall require the use of interior paint with 0
grams per liter (g/L) of volatile organic compounds (VOC) (i.e., zero VOC paint). Paints that emit
less than the low-VOC limits of South Coast Air Quality Management District (SCAQMD) Rule
1113 are known as "super -compliant paints." A list of super -compliant VOC coating
manufacturers is available at SCAQMD's website
http://www.agmd.gov/prdas/brochures/paintguide.htrnl). Use of super -compliant interior
paints shall be noted on building plans.
Finding
Finding I - The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified EIR and Addendum. These changes are identified in the form of the mitigation measure above. The
City of Newport Beach hereby finds that implementation of the mitigation measure is feasible, and the measure
is therefore adopted.
Original Project
Impact 5.2-4: Construction of the Museum House project would expose sensitive receptors to substantial
pollutant concentrations.
The maximum daily NO, CO, and PNI2.5 construction emissions generated from onsite construction related
activities would be less than their respective SCAQMD localized significant thresholds (LSTs). However, PM,„
emissions generated during the overlapping building demolition, asphalt demolition, building demo debris haul,
and asphalt demo debris haul phase would exceed the SCAQMD LSTs. Therefore, project -related construction
activities would expose sensitive receptors to substantial pollutant concentrations unless mitigated.
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Implementation of Mitigation Measure 2-2 would limit the total overall daily haul truck miles traveled to 680
miles to reduce PMIo emissions generated by haul trucks. Therefore, with incorporation of mitigation, localized
construction impacts would be less than significant.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measure AQ -2 in
order to ensure that criteria pollutant significance thresholds are not exceeded.
Mitigation Measures
2---2AQ-2 The construction contractor(s) shall limit the daily amount of debris haul trips associated with the
project's Orange County Museum of Art (OCMA) building demolition phases to a maximum
of 324-7 truckloads per day (6434 truck trips per day) Additionally, except for the building
demolition activity, no other construction activities (onsite building debris reprocessing
administrative office building demolition, grading, building construction, etc.) shall
commence until completion of the OCMA building debris hauling These requirements shall
be noted on all construction management plans and truck trips and mileage shall be documented.
Finding
Finding 1– The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified EIR and Addendum. These changes are identified in the form of the mitigation measures above. The
City of Newport Beach hereby finds that implementation of the mitigation measure is feasible, and the measure
is therefore adopted.
2. Cultural Resources
Original Project
Impact 5.3-1: Development of the project could impact archaeological resources.
No archaeological resources have been recorded within the project site. The nearest archaeological site (P-30-
000136) was 300 feet southwest of the site and was excavated in 1964, and there are a number of archaeological
sites within a half mile of the project site.
Construction activities associated with the Museum House project would require excavation of at least 20 to
25 feet for the underground garage, which would be below previously graded depths for construction of the
existing OCMA building. Newport Beach is associated with various early Native American peoples who
inhabited the larger region. Therefore, it is possible that previously undiscovered archaeological resources may
be found. The Newport Beach City Council has adopted formal guidelines—Archaeological Guidelines (K-
5)—that would ensure any impacts to archaeological resources would be minimized.
Mitigation Measure 3-1 (CUL -1) implements General Plan Policy HR 2. 2 requiring a qualified archaeologist to
monitor all grading and/or excavation where there is a potential to affect such resources, and would reduce
impacts to less than significant levels.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measures CLL -1
and CLI, -2 in order to reduce impacts to archaeological resources to less than significant.
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Mitigation Measures
3-4CUL-1 Prior to the issuance of grading permits, the project applicant shall demonstrate to the Community
Development Department that an Orange County—certified professional archaeologist has been
retained to monitor any potential impacts to archaeological resources throughout the duration of
any ground -disturbing activities at the project site. The qualified archeologist shall be present at
the pregrade meeting to discuss the monitoring, collection, and safety procedures of cultural
resources, if any are found.
If subsurface cultural resources are discovered during ground -disturbing activities, the
construction contractor shall ensure that all work stops within 25 feet of the find until the qualified
archeologist can assess the significance of the find and, if necessary, develop appropriate treatment
or disposition of the resources in consultation with the City of Newport Beach and a representative
of the affected Native American tribe (Gabrieleno or Juanefio). The archeological monitor shall
have the authority to halt any project -related activities that may adversely impact potentially
significant archaeological resources. Suspension of ground disturbances in the vicinity of the
discoveries shall not be lifted until an archeological monitor has evaluated the discoveries to assess
whether they are classified as significant cultural resources, pursuant to the California
Environmental Quality Act and, if determined to be significant, to develop an appropriate
treatment or disposition plan. As required by General Plan Policy HR 2.4, any scientifically valuable
materials will be donated to a responsible public or private institution with a suitable repository,
located within Newport Beach or Orange County, whenever possible.
3-3CUL-2 Prior to issuance of any QradinLy nerm_it, the AwDhcant shall vrovide satisfactory evidence
that a Native American monitor (i.e., Gabrieleno Band of Mission Indians-Kizh Nation)„
has been retained to observe ground disturbance activities during grading and excavation
In the event that tribal cultural resources are discovered, the Native American monitor
shall be included in the consultation on the recommended next steps.
Finding
Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified EIR an Addendum. These changes are identified in the form of the mitigation measures above. The
City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the
measures are therefore adopted.
3. Geology and Soils
Original Project
Impact 5.4-3: Project development would not exacerbate existing hazards related to landslide, liquefaction,
lateral spreading, subsidence, or collapse.
The project site is predominantly flat and is not identified as being in an area of the City that is subject to
landslides. The project site's marine terrace deposits are not subject to liquefaction or lateral spreading because
they are considered medium dense to dense, and the site is not in a state -designated Liquefaction Hazard Zone
or identified by the City as being subject to liquefaction. The project site is also not over a groundwater basin,
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and significant groundwater pumping would not occur; thus, ground subsidence is not considered a significant
hazard. Additionally, the site is not susceptible to collapsible or compressible soils. Additionally, as stated above,
the soils at the site are marine terrace deposits (dense to medium dense) that overlie bedrock of the Monterey
Formation (stiff to hard claystone). Thus, the site is not susceptible to collapse because of low density soils
and/or organic materials.
However, excavation activities related to the subterranean parking garage and utility trenches may cause
instability in the site's geologic units. Thus, recommendations in the geotechnical study for excavation and
backfill are reproduced as Mitigation Measures 4-1 (GEO-1) through 4-3 (GEO-3) to ensure impacts remain
less than significant.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measures GEO-1
through GEO-3 in order to reduce impacts as a result of geological hazards to less than significant.
Mitigation Measures
4-4GEO-1 Based on the provided plans sufficient space should be available for deep excavations to
be accomplished using open cuts If site access is limited, temporary shoring may be
required for supporting the vertical sides of the required excavations If shoring is
required, it will conform to the Geotechnical Report and following requirements:
Prior to issuance of grading permits, the City of Newport
Beach Building Division shall confirm that the grading plans include the shoring requirements
detailed in the project's geotechnical study. Cantilever, tied -back, or internally braced shoring
systems can be used for the subterranean excavation. Cantilever shoring systems are typically
limited to a maximum retained height of 15 feet. Tied -back shoring walls will require a temporary
or permanent easement from the adjacent property owners and the City of Newport Beach. The
shoring system shall be designed to resist a
lateral earth pressure equivalent to a fluid weighing 35 pounds per cubic foot. An
allowable passive earth pressure of 209 275 pounds per square foot (psf) per foot of depth below
the bottom of the excavation shall be used for design of the shoring system. An allowable passive
earth pressure of 550 psf per foot can be used for isolated soldier iles
Thefesidential would p t ly 26 feet frem the property line There€ere,
sufficient distance from the property line is available, it may be possible to excavate to the
subgrade elevation without the use of shoring. Temporary slope in the marine terrace deposit may
be excavated at slopes where the proportion of the height of the rise is less than or equal to the
length of the slope ( 1H:1V) in conformance with all provisions of the Geotechnical Report.
Alternatively, sloped excavations may be used to reduce the height of the shored excavation. In
that case, the earth pressures above may be increased and will be handled on a case by case basis
when the height of the sloped excavation is known.
All shoring and excavation shall comply with current Occupational Safety and Health
Administration regulations and be observed by the designated competent person on site.
4-2GEO-2 The bedding zone is defined as the area containing the material specified that is supporting,
surrounding, and extending to one foot above the top of any proposed utility pipes. During grading
and construction plan reviews, the City of Newport Beach Building Divisions shall confirm that
the project's proposed bedding satisfies the requirements of the Standard Specifications for Public
Works Construction Section 306-1.2.1. There shall be a 4 -inch minimum of bedding below the
pipe and 1 -inch minimum clearance below a projecting bell. There shall be a minimum side
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clearance of 6 inches on each side of the pipe. Bedding material shall be sand, gravel, crushed
aggregate, or native free -draining material having a sand equivalent of not less than 30, or other
material approved by the engineer. Materials used for the bedding zone shall be placed and
compacted with light mechanical means to reduce the potential of damaging the pipe; jetting shall
not be allowed.
441GEO-3 Backfill shall be considered as starting 12 inches above the pipe. Onsite excavated materials are
suitable as backfill. During construction activities, any boulders or cobbles larger than three inches
in any dimension shall be removed before backfilling. All backfill shall be placed in loose lifts not
exceeding 6 to the thickness specified in the Geotechnical Report and be compacted
to at least 90 percent relative compaction. The upper 12 inches below pavement shall be
compacted to at least 95 percent relative compaction. Mechanical compaction will be required to
accomplish compaction above the bedding along the entire pipeline alignments.
In backfill areas, where mechanical compaction of soil backfill is impractical due to space
constraints, sand -cement slurry may be substituted for compacted backfill. The slurry shall contain
one and one-half sacks of cement per cubic yard and have a maximum slump of 5 inches. When
set, such a mix typically has the consistency of hard compacted soil and allows for future
excavation.
A lean non -shrink concrete plug with a minimum width length of 3 feet shall be placed in the
utility trenches at the location where offsite utilities enter the project boundaries to minimize the
potential for offsite water flow onsite.
Finding
Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified EIR and Addendum. These changes are identified in the form of the mitigation measures above.
The City of Newport Beach hereby finds that implementation of the mitigation measures is feasible, and the
measures are therefore adopted.
Original Project
Impact 5.4-4: Development of the project would not increase existing hazards arising from expansive soils.
Although the Monterey Formation claystone under the site is expansive, the tower would be supported on mat
foundations and a core extending several feet into bedrock. A mat foundation is an above -ground foundation
typically two to three feet thick (but can be as thick as 10 feet) to provide load-bearing capacity in expansive or
collapsible soils. The weight of mat foundation and high-rise structure would provide sufficient pressure on the
expansive soil to prevent soil expansion.
To ensure the mat foundations are properly installed, recommendations from the geotechnical report are
reproduced as Mitigation Measure 4-4 (GEO-4) below. Upon compliance with the CBC and applicable
Mitigation measures, project development would not exacerbate existing hazards from expansive soils, and
impacts would be less than significant.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measure GEO-4 in
order to reduce impacts as a result of expansive soils to less than significant.
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Mitigation Measures
4-4GEO-4 All foundation excavations shall be observed and/or tested by the project applicant's
geotechnical consultant before placement of concrete to verify that the foundations will be
supported in competent soils. If soft or loose soils are encountered at the subgrade level, the
soils shall be removed or brought to a near -optimum moisture content (±2 percent),
recompacted, and tested to a minimum of 95 percent relative compaction prior to placement
of fill or footing or floor slab construction. Only granular soils shall be used for compacted
fill.
Mat foundations, if used in the project, may also derive lateral load resistance from passive
resistance along the vertical sides of the foundations. Therefore, an ultimate passive fluid
pressure of -348 275 pounds per cubic foot shall be used. It is recommended that an ultimate
sliding friction coefficient of 845 0.35 be used for design. Passive and sliding resistance may
be used in combination without reduction. The required factor of safety is 1.5 for static loads
and 1.1 for wind or seismic loads.
Finding
Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified EIR and Addendum. These changes are identified in the form of the mitigation measures above.
The City of Newport Beach hereby finds that implementation of the mitigation measure is feasible, and the
measure is therefore adopted.
Original Project
Impact 5.3-2: The Museum House project could destroy paleontological resources or a unique geologic
feature.
The project site is entirely built out with the OCMA building and hardscape improvements; therefore, there are
no unique geologic features onsite. However, given the location of other paleontological resources discovered
within the vicinity of the project site, all subsurface excavation anticipated for tower supports and underground
parking has a sensitivity to encounter paleontological resources. The City has adopted formal guidelines—
Paleontological Guidelines (K-4)—that contain specific procedures and standards for examining and reporting
on possible paleontological sites. Nevertheless, the applicant shall retain a qualified paleontologist to prepare
and implement a paleontological mitigation plan prior to issuance of grading permits. The plan shall require a
qualified paleontological monitor for all grading activities eight feet or more below the current surface and
require temporary halt of work within 25 feet of any found fossils.
Implementation of Mitigation Measure 3-2 (GEO-5) would ensure impacts to potential paleontological
resources are reduced to less than significant levels, and would implement General Plan Policy HR 2.2, which
requires a qualified paleontologist to monitor all grading and/or excavation where there is a potential to affect
such resources.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measure 3- 2 (now
moved to the Geology and Soils section and renamed to GEO-5) in order to reduce impacts to
paleontological resources and geologic features.
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Mitigation Measures
3--2GEO-5 Prior to the issuance of grading permits, the project applicant shall demonstrate to the Community
Development Department that an Orange County–certified professional paleontologist has been
retained to monitor any potential impacts to paleontological resources throughout the duration of
any ground -disturbing activities at the project site. The paleontologist shall develop and implement
a Paleontological Mitigation Plan, which shall include the following minimum elements:
All earthmoving activities eight feet or more below the current surface shall be monitored full-
time by a qualified paleontological monitor.
If fossils are discovered, the paleontological monitor has the authority to temporarily divert
work within 25 feet of the find to allow recovery of the fossils and evaluation of the fossil
locality.
Fossil localities shall require documentation, including stratigraphic columns and samples for
micropaleontological analyses and for dating.
Fossils shall be prepared to the point of identification and evaluated for significance.
Significant fossils shall be cataloged and identified prior to being donated to an appropriate
repository.
The final report shall interpret any paleontological resources discovered in the regional context
and provide the catalog and all specialists' reports as appendices.
An executed curation agreement shall be part of the plan, and the project proponent shall bear all
expenses of the mitigation program, including curation of materials meeting significance criteria.
Finding
Finding 1– The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified EIR and Addendum. These changes are identified in the form of the mitigation measures above. The
City of Newport Beach hereby finds that implementation of the mitigation measure is feasible, and the measure
is therefore adopted.
4. Tribal Cultural Resources
Original Project
Impact 5.3-3: The Museum House project could impact tribal cultural resources.
There are no known tribal cultural resources, as defined in Public Resources Code Section 21074, in the project
area. The City sent letters to 15 Native American contacts provided by the Native American Heritage
Commission (NAHC) notifying them of the project and opportunity for tribal consultation. Only 2 of the 15
tribes responded—the Gabrieleno Band of Mission Indians, Kizh Nation, and United Coalition to Protect
Panhe.
The City consulted with Andrew Salas, Chairman of the Gabrieleno Band of Mission Indians, who requested
Native American tribal monitoring onsite during all construction activities. Consultation between the City and
the Gabrieleno Band of Mission Indians ended with the conclusion that mitigation measures would be provided
to ensure appropriate tribes would be notified if any resources are discovered during ground disturbing activities
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and that tribal cultural monitoring by the Gabrieleno Band of Mission Indians would be allowed onsite during
construction activities on a voluntary basis, consistent with the City's General Plan Policy HR 2.3.
The United Coalition to Protect Panhe noted receipt of City's letter and did not request further consultation.
Although no tribal cultural resources were identified to be within the project site, Mitigation Measures 3-1
CUL -1) and 3- 3 (CUL -2) are provided to ensure appropriate tribes would be notified if any were to be found
and allow Native American tribal monitoring on a voluntary basis consistent with General Plan Policy HR 2.3.
Modified Project
Similar to the Museum House project, the Modified Project would incorporate mitigation measures CUL -1
and CUL -2 in order to reduce impacts to tribal cultural resources.
Mitigation Measures
CUL -1 Prior to the issuance of grading permits, the project applicant shall demonstrate to the Community
Development Department that an Orange County --certified professional archaeologist has been
retained to monitor any potential impacts to archaeological resources throughout the duration of
any ground -disturbing activities at the project site. The qualified archeologist shall be present at
the pregrade meeting to discuss the monitoring, collection, and safety procedures of cultural
resources, if any are found.
If subsurface cultural resources are discovered during ground -disturbing activities, the
construction contractor shall ensure that all work stops within 25 feet of the find until the qualified
archeologist can assess the significance of the find and, if necessary, develop appropriate treatment
or disposition of the resources in consultation with the City of Newport Beach and a representative
of the affected Native American tribe (Gabrieleno or Juanenio). The archeological monitor shall
have the authority to halt any project -related activities that may adversely impact potentially
significant archaeological resources. Suspension of ground disturbances in the vicinity of the
discoveries shall not be lifted until an archeological monitor has evaluated the discoveries to assess
whether they are classified as significant cultural resources, pursuant to the California
Environmental Quality Act and, if determined to be significant, to develop an appropriate
treatment or disposition plan. As required by General Plan Policy HR 2.4, any scientifically valuable
materials will be donated to a responsible public or private institution with a suitable repository,
located within Newport Beach or Orange County, whenever possible.
3 3CUL-2 Prior to issuance of any grading permit the Applicant shall provide satisfactory evidence
that a Native American monitor (i.e., Gabrieleno Band of Mission Indians-Kizh Nation),
has been retained to observe ground disturbance activities during grading and excavation
In the event that tribal cultural resources are discovered the Native American monitor
shall be included in the consultation on the recommended next steps.
l -. _ and5
Finding
Finding 1— The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified in the
certified FIR and addendum. These changes are identified in the form of the mitigation measures above. The
City of Newport Beach hereby- finds that implementation of the mitigation measures is feasible, and the
measures are therefore adopted.
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B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
The following summary describes the significant, unavoidable adverse impacts of the Museum House (Original
Project) and Vivante Senior Housing (Modified Project).
1. Noise
Original Project
Impact 5.9-1: Construction activities would result in potentially significant temporary noise increases in
the vicinity of the project site.
Construction activities would occur for approximately 28 months. Activities would include demolition of the
existing OCMA building, site preparation, grading, utility trenching, construction of the 25 -story condominium
tower, and offsite sewer improvements. Two types of short-term noise impacts could occur during
construction: (1) mobile -source noise from transport of workers, material deliveries, and debris and soil haul
and (2) stationary -source noise from use of construction equipment. Existing uses surrounding the project site
would be exposed to construction noise.
Construction Vehicles
On -Road Transport of Workers and Vendor/Haul Trucks
The transport of workers and equipment to the construction site would incrementally increase noise levels
along site access roadways. Approximately 200 construction workers are expected to work throughout the 28 -
month construction period. The worst-case flow of construction -related trips would occur during the soil haul
period, which includes site preparation, rough grading, and fine grading. There would be a total of 4,600 truck
load trips during this period, which equates to 153 truckload trips per day over a 30 -day soil haul period. This
number of construction -related vehicle trips would be an increase of much less than 10 percent in total daily
vehicle flows along Santa Barbara Drive and Santa Cruz Drive (which have average daily trip [ADT] flow rates
of approximately 10,000 and 8,000, respectively). This would result in a noise level increase of much less than
0.5 dB (in the traffic -focused CNEL noise level metric) and would, therefore, have a less than significant impact
on noise receptors along the truck routes.
Construction Equipment
Noise generated during construction is based on the type of equipment used, the location of the equipment
relative to sensitive receptors, and the timing and duration of the noise -generating activities. Noise levels from
project -related construction activities were calculated from the simultaneous use of all applicable construction
equipment at spatially averaged distances (i.e., from the center of the general construction area) to the property
line of the closest residences.
Average Construction Noise Levels
Short-term noise during the approximately 28 -month construction period can be associated with site preparation,
grading, and building construction of the proposed land uses. Using information provided by the City of
Newport Beach and methodologies and inputs employed in the air quality assessment, the expected
construction equipment mix was estimated and categorized by construction activity. The associated, aggregate
sound levels—grouped by construction activity—are summarized in Table 1.
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Table 1 Museum House Construction Noise Levels, Energy -Average Le Sound Levels
Construction Activity Phase (duration)
Sound Level at Various Distances from Construction Activities, dBA Lq
Villas at Fashion Colony Apartments Big Canyon homes Island Hotel
Island Apts. 230 ft. 260 ft. 950 ft. 1,100 ft.
Demolition 2 months 72 71 60 59
Site Pre 1 month 67 66 54 53
Excavation 4 months 67 66 54 53
Utility Trenching + Fine Gradin 1 month 68 67 55 54
Building Construction 22 months 67 66 54 53
Building Const + Paving (overlaps with above 70 69 58 57
Finishing I Landscaping 3 months 67 66 54 53
Note: Calculations performed with the FHWA's RCNM software are included in Appendix J of the DEIR.
As shown, combined, spatially averaged noise levels for each construction phase would range between 66 and
72 dBA Leq at the Villas at Fashion Island and Colony Apartments, and 60 dBA Leq or lower at receptors at
least 950 feet away. Assuming a typical interior noise reduction of 25 dB from exterior noise levels, the average
noise levels due to project -related construction activities at the interior areas at the affected uses (i.e., closest
units at the Villas of Fashion Island) would generally range from 28 to 47 dBA Leq.
Maximum Construction Noise Levels
Maximum noise levels for each stage were calculated as if the loudest piece of construction equipment was
operating by the site's property line next to the nearest sensitive receptors in the vicinity of the site. Table 2
shows that the maximum unmitigated noise levels from each construction stage at the nearest affected receptors
would range from 55 to 79 dBA Lmax.
Table 2 Museum House Construction Noise Levels, Maximum Lmax Sound Levels
Sound Level at Various Distances from Construction Activities, dBA L..
Construction Villas at Fashion Colony Apartments Big Canyon homes Island Hotel
Activity Phase duration Island 100 ft. 150 ft. 770 ft. 910 ft.
Demolition 2 months 79 76 62 61
Site Pre 1 month 74 71 56 55
Excavation 4 months 74 71 56 55
Utility Trenching + Fine Gradin 1 month 75 72 57 56
Building Construction 22 months 74 71 56 55
Building Const + Paving (overlaps with above 77 74 60 59
Finishing I Landscaping 3 months 74 71 56 55
Note: Calculations performed with the FHWA's RCNM software are included in Appendix J of the DEIR.
The maximum exterior noise levels during the loudest activity (demolition) would range from 79 dBA Lmax at
the Villas at Fashion Island apartments to 61 dBA Lmax at the Island Hotel. Assuming a typical interior noise
reduction of 25 dBA due to closed windows, the maximum noise levels during demolition would range from
55 dBA Lmax at the Villas at Fashion Island to 36 dBA Lmax at the Island Hotel.
Construction Equipment Noise Summary
Adjacent sensitive receptors to the project site would be exposed to elevated noise levels during the
construction period. The calculations presented in Tables 1 and 2 show that noise from demolition activities
would be highest. Noise from the main construction of the residential building would have the longest duration
and would last for the remaining 22 months.
The noise levels related to project construction at the Colony Apartments facing San Clemente Drive and the
future Villas at Fashion Island residences facing the project site would be perceptible and/or potentially
annoying at times, especially when equipment is operating at maximum power and nearest to the boundary of
the site. The highest noise levels within the affected interior areas would be in the range of 42 to 47 dBA Leq
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and in the range of 50 to 55 dBA Lmax, which would be audible and comparable to noise levels at a business
office or for normal speech, potentially causing sporadic disturbances for these residences. And the highest
noise levels within the affected exterior areas would be approximately 72 dBA Leq and 79 dBA Lmax.
The City of Newport Beach Municipal Code limits noise sources associated with construction, repair,
remodeling, or grading of any real property to the hours of 7:00 ANI and 6:30 PM on weekdays, and 8:00 AM
and 6:00 PM on Saturdays. This same portion of the code exempts noise levels caused by construction
equipment in having to meet the basic noise level limits of C 10.26.025 (Exterior Noise Standards). However,
because of the magnitude of the noise levels within the then -completed nearest units at the Villas of Fashion
Island complex and because of the extended length of the overall construction period, these impacts would be
potentially significant.
Implementation of Mitigation Measures 9-1 (NOI-1) through 9- 9 (NOI-9) would reduce construction noise
impacts to the maximum extent feasible. However, given the expected noise levels during the two-month
demolition phase (predicted to be as high as 47 dBA Leq and 55 dBA Lmax within living spaces at the closest,
then -completed units at the Villas of Fashion Island property), coupled with the length of the site
preparation/grading (4 months) and building construction phase (22 months) and its expected noise levels as
high as 42 dBA Leq and 50 dBA Lmax within living spaces at the closest, then -completed units at the Villas of
Fashion Island complex, significant construction noise impacts would remain.
Modified Project
Construction Noise
Construction Vehicles
The Original Project identified that a worst-case scenario during the soil haul period would be an average of
153 truckload trips per day over a 30 -day period. This was estimated to yield a less than 0.5 dB increase, resulting
in a less than significant impact. The Modified Project would result in an average of 1 soil haul trip per day over
a 60 -day period and a worst-case scenario of 112 demolition haul trips per day. The number of haul trips would
be significantly less under the Modified Project than the Original Project's anticipated 153 truckload haul trips
per day. Therefore, impacts under the Modified Project would be less than significant and reduced significantly
from the Original Project.
Construction Equipment
The Original Project identified construction noise to be potentially significant due to the magnitude, duration
of construction (28 months), and proximity (230 feet) to the Villas at Fashion Island complex (sensitive
receptor). The nearest sensitive receptors under the Original Project varied from 230 feet to 1,100 feet, as
measured form the center of the construction site. The Modified Project construction activities would take
place over an approximate 18 -month period and the nearest sensitive receptors would be 230 feet (The Colony)
and 260 feet (Villas at Fashion Island), as measured from the center of the new Modified Project's project site.
As with the Original Project, development of the Modified Project would be required to adhere to the
requirements of the mitigation measures of the 2016 certified FIR, which are reproduced below.
Average construction noise levels under the Modified Project were computed using the FHWA Roadway
Construction Noise Model and the anticipated construction equipment mix and phasing information provided
by the project applicant. As with the Original Project, it is estimated that construction noise levels would be
loudest during demolition (specifically asphalt demolition). The computed average noise levels for the Modified
Project construction activities were up to 71 dBA L, at both The Colony and the Villas at Fashion Island. This
is 1 dBA less than predicted for average construction noise levels (72 dBA L, under the Original Project
Though the footprint of the building for the Modified Project is closer to the sensitive receptors, construction
equipment is mobile throughout the project site and therefore construction noise levels are a result of analyzing
from the acoustical center. Assuming a typical interior noise reduction of 25 dB with windows closed, average
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noise levels due to project -related construction activities at the interior of the closest receptors ( The Colony
and Villas at Fashion Island) would be up to 46 dBA Leg.
Maximum (L.,,,) construction noise levels under the Original Project were estimated to reach up to 79 dBA
L,,,;,, at a distance of 100 feet from the Villas at Fashion Island and up to 76 dBA L.,, at a distance of 130 feet
from The Colony Apartments. These worst case L,,,a, noise levels of 76 and 79 dBA L,, would occur during
demolition throughout at 2 -month period. Under the Modified Project, the demolition activities would also
result in the use of similar equipment and therefore similar noise L,,,a, levels. Though the Modified Project
would include the demolition of a second building, the nearest demolition activities to sensitive receptors would
remain 100 feet to the north and 130 to the south.
Building construction distances would change, however. Under the Original Project the Villas at Fashion Island
were 130 feet from the edge of building construction (which is where the footprint of the buildings would be
constructed) and under the Modified Project the Villas at Fashion Island would be approximately 100 feet from
the edge of the building construction footprint. Though the distance to sensitive receptors to the north would
be reduced by approximately 23 feet, the duration of building construction, which is the time it would take to
construct only the buildings and does not include other construction activities (demolition, site preparation,
excavation, etc.), would go from 22 months under the Original Project (25 -story building) to 14 months for the
six -story building under the Modified Project. The duration of building construction, therefore, would be
reduced by approximately 8 months under the Modified Project, resulting in a significant decrease in building
construction noise relative to the Original Project. With implementation of Mitigation Measures NOI-1 through
NOI-9 of the 2016 Certified EIR, which are reproduced below in Section 5. 7. 3, impacts due to construction
equipment would be reduced but could still potentially be disruptive to occupants at the Villas at Fashion Island
and The Colony. As shown in this section, the mitigation measures were renumbered (originally numbered as
Mitigation Measures 9-1(NOI-1) and 9-9 (NOI-9) in the 2016 Certified EIR) to ensure the mitigation is
implemented as intended for the Modified Project. Though the duration of the entire construction period of
the Modified Project, which would include all construction activities such as demolition, site preparation,
excavation, constructing the proposed building, etc., is anticipated to take 18 months to construct compared
with 28 months for the Original Project, construction noise levels would be similar to those identified under
the Original Project and would remain significant and unavoidable.
Accordingly, no new significant impacts or impacts of greater severity than those previously identified in the
2016 Certified EIR would occur, and the level of impact remains unchanged from the 2016 Certified EIR.
There are no changes or new significant information that would require preparation of an EIR.
Mitigation Measures
9-4NOI-I At least 30 days prior to commencement of demolition or any other construction activities,
notification shall be given to all residents or businesses within 500 feet of the project site regarding
the planned construction activities. The notification shall include a brief description of the project,
the activities that would occur, the duration and hours when construction would occur. The
notification shall also include the telephone number of the construction contractor's authorized
representative to respond in the event of a vibration or noise complaint.
9-2NOI-2 Prior to the beginning of construction activities, a sign shall be posted at the entrance to the job
site, clearly visible to the public, that contains a contact name and telephone number of the
construction contractor's authorized representative to respond in the event of a vibration or noise
complaint. If the authorized representative receives a complaint, he/she shall investigate, take
appropriate corrective action, and report the action to the City of Newport Beach's Community
Development Director.
9-3,NOI-3 Route all construction -related trips (including worker commuting, material deliveries, and
debris/soil hauling) so as to minimize pass-bys or residential areas around the project site.
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9-4NOI-4 All heavy construction equipment used on the proposed project shall be maintained in good
operating condition, with all internal combustion, engine -driven equipment fitted with intake and
exhaust muffles, air intake silencers, and engine shrouds no less effective than as originally
equipped by the manufacturer.
9-iiN0I-5 Electrically powered equipment instead of pneumatic or internal combustion powered equipment
shall be used to the extent possible.
9-4N0I-6 All stationary noise -generating equipment shall be located as far away as possible from neighboring
property lines; with particular attention paid to the residential complex (currently under
construction) to the north of the project site.
9-7NOI-7 Limit all internal combustion engine idling both on the site and at nearby queuing areas to no more
than five (5) minutes for any given vehicle or machine. Signs shall be posted at the job site and
along queueing lanes to reinforce the prohibition of unnecessary engine idling.
94NOI-8 The use of noise producing signals, including horns, whistles, alarms, and bells will be for safety
warning purposes only. Use smart back-up alarms, which automatically adjust the alarm level based
on the background noise level, or switch off back-up alarms and replace with human spotters.
9-9NOI-9 A temporary noise barrier/ curtain shall be erected between the construction zone and adjacent
residential receptors to the north of the project site boundary. The temporary sound barrier shall
have a minimum height of 16 feet and be free of gaps and holes and must achieve a Sound
Transmission Class (STC) of 35 or greater. The barrier can be (a) a3/4 -inch -thick plywood wall OR
b) a hanging blanket/ curtain with a surface density of at least 2 pounds per square foot. For either
configuration, the construction side of the barrier shall have an exterior lining of sound absorption
material with a Noise Reduction Coefficient (NRC) rating of at least 0.7.
All the above conditions shall be included on the permit applicant drawings with verification by the Building
Division Plan Check staff. Additionally, all the above conditions shall be verified in the field by the Building
Division field inspection staff at the project site.
Finding
Finding 3 — The City hereby makes Finding 3 having found that there are no other mitigation measures that
are feasible, taking into consideration specific economic, legal, social, technological or other factors, that
would mitigate this impact to a less -than -significant level, and, further, that specific economic, legal, social,
technological, or other considerations, including considerations for the provision of employment opportunities
for highly trained workers, make infeasible the mitigation measures or alternatives identified in the FIR (CEQA
Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)( 3)).
As described in the Statement of Overriding Considerations, the City has determined that this impact is
acceptable because specific overriding economic, legal, social, technological, or other benefits, including
regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects
on the environment.
V. FINDINGS REGARDING ALTERNATIVES (ORIGINAL PROJECT)
The Vivante Senior Housing Project is proposed to be processed with an Addendum under the California
Environmental Quality Act. An Addendum does not require evaluation of project alternatives. The findings
regarding alternatives, therefore, are reproduced for the Museum House project (Original Project).
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A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE MUSEUM HOUSE
PROJECT SCOPING/PROJECT PLANNING PROCESS
The following is a discussion of the alternative considered during the scoping and planning process and the
reasons why it was not selected for detailed analysis in the certified FIR.
Alternative Project Location
CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are
capable of avoiding or substantially lessening any significant effects of the project. The key question and first
step in the analysis is whether any of the significant effects of the project would be avoided or substantially
lessened by putting the project in another location. Only locations that would avoid or substantially lessen any
of the significant effects of the project need be considered for inclusion in the FIR (Guidelines
15126[5][B][1]). Key factors in evaluating the feasibility of potential offsite locations for EIR project
alternatives include:
if it is in the same jurisdiction
whether development as proposed would require a General Plan Amendment, and;
whether the project applicant could reasonably acquire, control, or otherwise have access to the alternative
site (or the site is already owned by the proponent)
Since the project applicant does not own or control other property within the City, the evaluation of potential
alternate sites focused on sites that could accommodate a development similar to the proposed project on
properties that have been identified by the City as suitable for residential development.
It was assumed that the project would be developed based on the same plans detailed in Chapter 3, Project
Description, of the DEIR. Table H32 of the Newport Beach 2014-2021 Housing Element includes an inventory
of land suitable for residential development within Newport Beach. Based on the development limit and
allowable density in the available areas, the proposed 100 -unit condominium tower could be sited in Banning
Ranch, John Wayne Airport area, or Newport Center.
However, the Banning Ranch area is proposed as a planned community by Newport Banning Ranch, LLC and
would accommodate 1,375 dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of
commercial uses, approximately 51.4 acres of parklands, and approximately 252.3 acres of permanent open
space. Table H32 of the Housing Element states that there is a maximum development limit of 1,375 units;
therefore, if the Banning Ranch project is approved as proposed, the Museum House project would not be able
to relocate to this location.
Per the City's Housing Element, the John Wayne Airport Area can accommodate a realistic capacity of 2,061
units. There are several existing residential project applications in the Airport Area—Koll Newport Residential
260 units) and Uptown Newport Mixed Use Development (1,244 units, approved) t. In total, these cumulative
projects would buildout 1,504 units of the 2,061 realistically allowed units, leaving 557 allowed units for future
projects. Therefore, the proposed 100 -unit condominium tower could potentially be built in the Airport Area.
As with the current project location, without mitigation, the development of the proposed residential tower
within the Airport area could be expected to result in significant construction -related noise, air quality and
vibration impacts. Similarly, proposed excavation could result in significant cultural, paleontological, and
geotechnical impacts. Development at this alternative location, therefore, would not be anticipated to eliminate
or reduce anv significant impacts. Moreover, additional constraints and impacts would be presented by the
proximity to the John Wayne Airport (]WA). Most of the southwest portion of the Airport Area is located in
The Newport Place Residential project (384 units) was also a cumulative project proposed in the Airport Area but was denied by the Newport Beach City
Council on July 26, 2016.
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the JWA Airport Environs Land Use Plan (AELUP) 65 dBA CNEL contour, which is unsuitable for residential
and other noise -sensitive uses. The project would also require notice to the Federal Aviation Administration
FAA) and Airport Land Use Commission (ALUC) because the proposed tower would be over 200 feet and
within the obstruction imaginary surfaces area. An aeronautical analysis of the structure would be required to
determine whether the tower causes a hazard to navigable airspace per Federal Aviation Regulations (FAR) Part
77. The project would also require approval by the ALUC. Therefore, there are restrictions to development of
the proposed tower depending on where it is sited within the Airport Area.
Table H32 of the City's housing element identifies 608 additional units as the future development capacity for
Newport Center, based on the existing General Plan. The following residential cumulative projects are currently
built in Newport Center—Villas at Fashion Island (524 units under construction) and the Meridian (Santa
Barbara) Condominiums (79 units completed); only 5 units remain that are unbuilt. In total, these cumulative
projects would exceed the residential development capacity stated in the housing element. This supports the
conclusion that there is a lack of alternative site locations in Newport Center that have the appropriate land use
entitlements to support the proposed project.
Based on this review, there are no feasible alternative project sites within the City that would accommodate the
proposed project and reduce or eliminate significant environmental impacts. Therefore, this alternative was
considered but rejected for further consideration.
Reduced HeiLrht Alternative
The Reduced Height Alternative was designed and considered in response to scoping process comments and
for its potential to reduce or eliminate significant impacts associated with the project as proposed. As with the
proposed project, this alternative is assumed to include 100 units, so it is anticipated operational impacts
including traffic, public services, operational air quality and noise impacts, and utility needs) would be similar
to the project as proposed.
The Reduced Height Alternative would decrease the proposed tower height from 295 feet to 65 feet (from
podium to roof of last occupied space) to be consistent with the underlying zoning of the project site—San
Joaquin Plaza Planned Community Development Plan (PCDP; PC -19). The building would be six stories of
residential floors over two levels of parking (one level of ground parking and one underground level of parking).
This height would be in keeping with the adjacent Villas at Fashion Place project and essentially extend the
character of that development. Buildout of 100 units would generate an estimated 224 residents aswith the
proposed project. Grading for this alternative would require approximately 28,400 cubic yards of soil export
compared to 45,000 cubic yards of soil export for the proposed project.
Given the substantial decrease in height, the building footprint would be much larger and encompass 78,426
square feet, covering approximately 90 percent of the project site compared to 30 percent under the proposed
project. The larger building footprint would also decrease the amount of open space amenities and circulation
area on the ground level compared to the proposed project. Site access would be provided at a single entryway
along San Clemente Drive for residents/visitors and delivery; thus, the fire access lane proposed along the
eastern project boundary- under the proposed project would not be developed under this alternative.
Conclusion
The Reduced Height Alternative would result in impacts marginally lesser or greater, or similar, to the less than
significant impacts of the proposed project, depending on the resource area. For example, impacts to recreation
and hydrology would be marginally greater than the proposed project, but still less than significant. The larger
building footprint would also not allow the beneficial development of a modular wetland system within the
ground level buffered landscaping area that the proposed project would provide. Further, the common indoor
and outdoor amenities provided under the proposed project would be greatly reduced since the expanded
building footprint would cover approximately 90 percent of the lot. Also, the proposed project's less than
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CEQA Findings of Fact -24-
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significant greenhouse gas and air quality impacts would be slightly less due to the likely reduction in
construction schedule.
Importantly, however, this alternative would not avoid or lessen the proposed project's significant and
unavoidable construction noise impact. The Reduced Height Alternative would require construction of a 65 -
foot residential building in closer proximity to nearby sensitive receptors than the proposed project. Moreover,
although the overall height of the building would be reduced, the construction equipment necessary for
development of the Reduced Height Alternative, including with respect to demolition, grading, and building
construction, would be consistent with the proposed project. Thus, construction noise impacts would be similar
and remain significant and unavoidable. Also, the Reduced Height Alternative would result in a new significant
and unavoidable aesthetic (shade/shadow) impact that was not generated by the proposed project. Compared
to the proposed 295 -foot tower, a 65 -foot residential building would cast shadows on more dwelling units for
longer hours and would exceed the North Newport Center Planned Community (PC -56) shade standard,
causing a new significant and unavoidable shading impact.
A majority of the project objectives of the Museum House project would also either not be achieved or achieved
to a lesser degree. For example, compared to the 295 -foot tower, development of a 65 -foot residential building
onsite would not provide a fully amenitized residential community with state-of-the-art facilities to the same
condegree (
No. 1); maximize the project's view opportunities of the Pacific Ocean and Newport Harbor (No. 3)1-
contributetribute significant property tax revenue to the same degree (No. 6); generate temporary construction
employment to the same degree (No. 7); or maximize onsite open space and provide a variety of onsite outdoor
open space amenities (No. 9).
Given the aforementioned reasons, particularly the creation of a significant and unavoidable shading impact
and the failure of the Reduced Height Alternative to avoid the significant and unavoidable construction noise
impact of the proposed project, this alternative was considered but rejected for further consideration.
B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
The following alternatives were determined to represent a reasonable range of alternatives with the potential to
feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant
effects of the project.
No Project/No Development Alternative
Existing General Plan Alternative
Reduced Density Alternative
An EIR must identify an "environmentally superior" alternative, and where the No Project Alternative is
identified as environmentally superior, the EIR is required to identify as environmentally superior an alternative
from among the others evaluated. Each alternative's environmental impacts are compared to the proposed
project and determined to be environmentally superior, neutral, or inferior. Section 7.4 of the DEIR identifies
the environmentally superior alternative.
No Project/ No Development Alternative
Under the No Project/No Development Alternative; no development would occur onsite and the existing
OCMA building would remain in its existing condition. Buildout of the No Project/No Development
Alternative would not introduce any new residential or nonresidential development nor any associated residents
or employees. The OCNLA building would remain in operation at its current location.
Finding: The City Council rejects the No Project/No Development Alternative on the basis of policy and
economic factors as explained herein. (See Pub. Resources Code, S 21061.1; CEQA Guidelines, '§ 15364; see
also City ol' Del Mar P. City of San Die,go (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa
Cru -(2009) 177 Cal. AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth
Vivante Senior Housing Project EIR Addendum
CEQA Findings of Fact -25-
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704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible this project alternative identified in the
FEIR.
The No Project/No Development Alternative would reduce the proposed project's significant and unavoidable
construction noise impact. Also, because the alternative would not include any construction or new
development, it would also reduce the project's less than significant impacts to the majority of environmental
topical areas, including aesthetics, air quality, cultural resources, geology and soils, greenhouse gas emissions,
hazards and hazardous materials, land use and planning, public services, recreation, transportation and traffic,
and utilities and service systems. Population and housing and hydrology and water quality impacts would be
greater for this alternative.
Most of the project objectives are related to providing a high quality residential development within the City.
Objective No. 4 also provides a goal of implementing General Plan Policy LL 6.14.4 by developing a residential
project that would reinforce the original design concept of Newport Center. The No Project/No Development
Alternative, because it does not include any residential development, would not achieve any of the objectives—
develop a fully amenitized residential community with state-of-the-art facilities near major activity centers (No.
1); provide housing to meet the City's needs (No. 2); maximize view opportunities of the City, Pacific Ocean,
and Newport Harbor (No. 3); develop a residential project in Newport Center per General Plan Policy LC
6.14.4 (No. 4); create a landmark structure (No. 5); contribute significant property tax revenue (No. 6); generate
temporary construction employment (No. 7); improve jobs -housing balance in the City (No. 8); or maximize
onsite open space amenities (No. 9).
Existing General Plan Alternative
The Existing General Plan Alternative would either 1) develop the site with an alternate, allowable use under
the current Private Institutions (PI) land use designation, or 2) expand/rebuild the existing OCT4A building
within the development limits outlined in the City's General Plan.
According to the City's General Plan, the PI designation is intended to provide for privately owned facilities
that serve the public, including places for religious assembly, private schools, healthcare, cultural institutions,
museums, yacht clubs, congregate homes, and comparable facilities. The City's land use plan labels the site as
Anomaly 49 with a development limit of 45,208 square feet. An adjacent PI -designated parcel is part of
Anomaly 49 but not part of the project site. This adjacent parcel is built out with another OCMA-owned
building of approximately 13,670 square feet. It is not within the project boundary and will not be demolished
as part of the proposed project. Therefore, buildout of the project site under the existing General Plan would
allow 31,538 square feet of Private Institutions use, and approximately 32 jobs would be generated.
The second option under the Existing General Plan Alternative is to expand or rebuild the existing OCMA
building to the maximum buildout potential. As stated above, the site's development limit is 31,538 square feet.
Thus, the existing museum building (23,632 square feet) could be expanded by 7,906 square feet to the
maximum allowed square footage, or the site can be redeveloped with a new museum building at a maximum
size of 31,538 square feet. Buildout of this option would similarly generate approximately 32 jobs.
Given the existence of the current OCLA building onsite, the logical project design feature under this
alternative is an expansion of the building to its full buildout potential—approximately 7,906 additional square
feet. Therefore, the analysis assumes buildout of this alternative to be an expanded museum.
Finding: The City Council rejects the No Project/ Existing General Plan Alternative on the basis of policy and
economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, T 15364; see
also Cty of Del Marv. City of .San Diego (1982) 133 Cal.App.3d 410, 417; Calforma tiative Plant Sac. P. City of Santa
Crud (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Ca1.AppAth
704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of
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CEQA Findings of Fact -26-
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employment opportunities for highly trained workers, make infeasible this project alternative identified in the
FEIR.
The Existing General Plan Alternative would reduce impacts to the following environmental areas: aesthetics,
air quality, cultural resources, greenhouse gas emissions, land use and planning, noise, public services,
recreation, transportation and traffic, and utilities and service systems. Impacts to geology and soils, and hazards
and hazardous materials would be similar and impacts to population and housing and hydrology and water
quality would be greater. Overall, impacts would be reduced in comparison to the proposed project.
Most of the project objectives are related to providing a high-quality residential community in Newport Beach;
therefore, development of the Existing General Plan Alternative would not achieve most of the project
objectives. This alternative would not develop a fully amenitized residential community in the Newport Center
area (No. 1); provide additional housing to meet the City's growing population and housing needs (No. 2);
develop a residential project per Newport Beach General Plan Policy LU 6.14.4 (No. 4); contribute significant
property tax revenue to the City (No. 6); or improve the jobs -housing balance in Newport Beach (No. 8).
This alternative also would not maximize the project's view opportunities of the Pacific Ocean and Newport
Harbor (No. 3) or generate temporary employment in the construction industry (No. 7) to the same degree as
the proposed project. However, an expanded museum would still be able to create a landmark structure with
architectural features and materials that complement the project's location (No. 5) and maximize onsite open
space by providing outdoor open space amenities (No. 9).
Reduced Density Alternative
The Reduced Density Alternative would allow development of a 90 -unit residential tower (10 fewer units) at a
reduced height of 23 stories (271 feet, 6 inches). Table 3 provides a development summary comparison of the
proposed project to this alternative. The building footprint and provided setbacks would remain the same.
Buildout of this alternative would introduce approximately 201 residents and 20 jobs.
Table 3 Proposed Project vs. Reduced Density Alternative Development Summary
Proposed Project Reduced Density Alternative
Dwelling Units 100 units 90 units
Height 295 feet 25 stories 271 feet and 6 inches 23 stories
Building Area
Tower 391,158 SF 359,167 SF
Parking Garage 115,828 SF 115,828 SF
Parking 250 spaces 200 residential/50guest) 225 spaces 180 residential/45guest)
Open Space
Common Open Space 52,523 SF 52,523 SF
Common Indoor Space 20,855 SF 20,855 SF
Private Open Space 21,444 SF 19,302 SF
Finding: The City Council rejects the Reduced Density Alternative on the basis of policy and economic factors
as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, C 15364; see also City of Del Mar
P. City of San Diego (1982) 133 Cal.App.3d 410, 417; Calfornia Native Plant Soc. v. City of Santa Cru- (2009) 117
Cal.App.4th 957, 1001; Sequoyah Hills Homeoavners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.)
Specific economic, legal, social, technological, or other considerations, including provision of employment
opportunities for highly trained workers, make infeasible this project alternative identified in the FEIR.
The Reduced Density Alternative would reduce impacts to the following environmental areas: aesthetics,
population and housing, public services, transportation and traffic, and utilities and service systems. Impacts to
air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials,
hydrology and water quality, land use and planning, noise, and recreation would be similar.
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CEQA Findings of Fact -27-
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This alternative is able to achieve all the objectives of the proposed project. Although slightly reduced in density
and height, the 90 -unit condominium tower and associated amenities would provide a fully amenitized
residential community with state-of-the-art facilities within walking distance of employment opportunities,
public facilities, and recreational and commercial amenities (No. 1); provide additional housing to meet the
City's growing needs (No. 2); maximize the project's view opportunities (No. 3); develop a residential project
that reinforces the design concept for Newport Center per General Plan Policy LC 6.14.4 (No. 4); create a
landmark structure with compatible and complementary architectural features and materials (No. 5); contribute
significant property tax revenue (No. 6); generate temporary construction related employment (No. 7); improve
the job -housing balance in the City by providing housing within a major employment center (No. 8); and
maximize onsite open space by providing outdoor open space amenities (No. 9).
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CEQA Findings of Fact -28-
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Exhibit "D"
CEQA Statement of Overriding Considerations
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Vivante Senior Housing Project
Statement of Overriding Considerations
Exhibit D
STATEMENT OF OVERRIDING CONSIDERATIONS
Introduction
The City of Newport Beach is the Lead Agency under CEQA responsible for preparation, review, and approval
of the addendum to the Final Environmental Impact Report ( Final FIR) for the Museum House Project,
Original Project" (Vivante Senior Housing Project, "Modified Project"). As the Lead Agency, the City is also
responsible for determining the potential environmental impacts of the proposed action and which of those
impacts are significant and can be mitigated through imposition of mitigation measures to avoid or minimize
those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits
of a proposed action against its significant unavoidable adverse environmental impacts in determining whether
or not to approve the proposed project. In making this determination, the City is guided by State CEQA
Guidelines Section 15093 which provides as follows:
CEQA requires the decision-making agency to balance, as applicable, the economic, legal,
social, technological, or other benefits, including region -wide or statewide environmental
benefits, of a proposed project against its unavoidable environmental risks when determining
whether to approve the project. If the specific economic, legal, social, technological, or other
benefits, including region -wide or statewide environmental benefits, of a proposed project
outweigh the unavoidable adverse environmental effects, the adverse environmental effects
may be considered "acceptable."
When the lead agency approves a project which will result in the occurrence of significant
effects which are identified in the Final FIR but are not avoided or substantially lessened, the
agency shall state in writing the specific reasons to support its action based on the Final FIR
and/or other information in the record. The statement of overriding considerations shall be
supported by substantial evidence in the record.
If an agency makes a statement of overriding considerations, the statement should be included
in the record of the project approval and should be mentioned in the notice of determination.
This statement does not substitute for, and shall be in addition to, findings required pursuant
to Section 15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific
economic, legal, social, technological, or other considerations, including considerations for the provision of
employment opportunities for highlv trained workers, make infeasible the mitigation measures or alternatives
identified in an FIR and thereby leave significant unavoidable effects, the public agency must also find that
overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects
of the project.
Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City
has balanced the benefits of the project against the following unavoidable adverse impacts associated with the
project and has adopted all feasible mitigation measures with respect to these impacts. The City also has
examined alternatives to the project, none of which both meet the project objectives and is environmentally
preferable to the Modified Project for the reasons discussed in the Findings of Facts (Findings).
The City of Newport Beach City Council, the Lead Agency for this project, having reviewed the Addendum to
the Museum House Project Certified FIR for the Vivante Senior Housing Project, and reviewed all written
materials including the Museum House Project certified FIR within the City's public record and heard all oral
testimony presented at public hearings for the Museum House Project (Original Project) and Vivante Senior
Housing (Modified Project), adopts this Statement of Overriding Considerations, which has balanced the
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Vivante Senior Housing Project
Statement of Overriding Considerations
benefits of the Modified Project against its significant unavoidable adverse environmental impacts in reaching
its decision to approve the project.
Sienificant Unavoidable Adverse Environmental Impacts
Although most potential project impacts have been substantially avoided or mitigated, as described in the
Findings of Fact, there remains one project impact for which complete mitigation is not feasible. The Museum
House Project EIR (Original Project) identified the following significant unavoidable adverse impact of the
project, which would continue to be applicable upon implementation of the Vivante Senior Housing Project
Modified Project):
Noise
Impact 5. 9-1: Construction activities for the Vivante Senior Housing Project would result in significant
temporary noise increases in the vicinity of the project site. Implementation of Mitigation Measures
N0I-1 through NOI-9 would reduce construction noise impacts to the maximum extent feasible.
However, given the expected noise levels during the demolition phase (predicted to be as high as 71
dBA Leq at both The Colony and the Villas at Fashion Island), coupled with the other phases of
construction, all of which would take place between September 2019 through February 2021 (18
months), and expected noise levels (average noise levels due to project -related construction activities
at the interior of the closest receptors (The Colony and Villas at Fashion Island) would be up to 46
dBA Leq), construction noise impacts would remain significant and unavoidable.
Statement Overridine Considerations
The City, after balancing the specific economic, legal, social, technological, and other benefits including region -
wide or statewide environmental benefits, of the Modified Project, has determined that the unavoidable adverse
environmental impact identified above may be considered acceptable due to the following specific
considerations which outweigh the unavoidable, adverse environmental impacts of the Modified Project, in
accordance with CEQA Section 21081(b) and State CEQA Guideline Section 15093.
1. Improve the jobs -housing balance in the City of Newport Beach
Jobs -housing goals and ratios are advisory only, and no ideal jobs -housing ratio is adopted in state, regional, or
city policies. While the American Planning Association recognizes that an ideal jobs -housing ratio will vary
from jurisdiction to jurisdiction, its recommended target for an appropriate jobs -housing ratio is 1.5, with a
recommended range of 1.3 to 1.7.
The Modified Project would bring 90 housing units and a 27 -bed memory care facility into Newport Beach,
which is a jobs -rich city. Based on the Southern California Association of Governments (SCAG), the Citv's
jobs -housing ratio is projected to be 1.90 by 2040. Incorporating the 90 units into SCAG's projections would
slightly decrease the City's jobs -housing ratio to 1.89, moving the City closer to the recommended jobs -housing
range. Additionally, the Modified Project would create the equivalent of 35 to 40 full-time jobs through the
residential and non-residential components of the Project. The assisted living and memory care facilities would
require employees, and the amenities onsite, such as the bar/lounge, small retail shop, fitness center, and so
forth, would also require employees to be hired. Therefore, the Modified Project would not significantly impact
the jobs -housing goals and ratios, as both jobs and housing would be proposed under the Modified Project.
2. Introduce an energy efficient building with distinct architectural features that complement the
visual quality of Newport Center and Fashion Island
The proposed building would be designed as a LEED-certified building. LEED is a system created and
administered by the United States Green Building Council (USGBC) to evaluate the sustainability of a building.
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Vivante Senior Housing Project
Statement of Overridine Considerations
LEED buildings are often fitted with the most efficient plumbing fixtures, irrigation designs, and electrical
systems. Some building materials are often created using recycled materials and refuse from demolished
buildings are often recycled for other uses. LEED certification often exceeds the standard Title 24 and other
energy and water conservation requirements applied to construction.
Additionally, the building would include design elements such as light -finish smooth -coat plaster walls; natural
Travertine stone; vinyl windows; and metal railings, window trims, and porte-cochere. Building pop -outs and
offsets; variations in building rooflines, materials, colors, and landscaping; and balconies would be added and
modulated to offset the building's massing, provide human scale, promote visual interest and articulation, and
provide relief to and variation in the building form and style. The Modified Project's visual quality would further
enhance the Newport Center and Fashion Island.
3. Generate more revenue for the City of Newport Beach than the existing Orange County Museum
of Art through property taxes, fees, and revenue expenditures from the project residents
The City prepared a fiscal impact analysis on the Modified Project in accordance with Newport Beach General
Plan Implementation Policies 12.1 and 12.2. The fiscal impact model is designed to calculate the average cost
of public services required by new development, on the assumption that new development affects City services
in the same way as existing development. Buildout of the Newport Beach General Plan compared to existing
land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the City's general fund
of $21.7 million per year.
The project site is currently developed with the Orange County Museum of Art (OCMA) building and OCNLA
administrative office building. OCMA is closed to the public; however, it does host occasional private events.
The proposed Vivante Senior Housing Project would have positive fiscal impacts as a result from property
taxes, fees, and revenue expenditures from future project residents. The City engaged a consultant to prepare
a fiscal impact analysis and concluded that the Modified Project would result in an estimated annual net revenue
to the City of $41,569 while the existing museum land use results in an annual net cost to the City of $14,963.
This results in an annual net increase of $56,562 to the City. This positive benefit is in contrast to the existing
public use of the site, which does not generate property tax for the City. The analysis identifies property taxes
as the primary revenue source related to the project. It should be noted that the Modified Project is anticipated
to require additional emergency medical services beyond the current demand for the museum and
administrative office buildings and this additional cost is considered in the fiscal analysis. Based on the fiscal
model estimates for City services, it is projected that the revenues generated by the project would pay for City
services that the project might require.
4. Encourage a mixed-use environment that expands opportunities for residents to live close to jobs,
schools, commercial centers, services, and recreation per General Plan Goal LU 6.14 and Policy
CE 5.1.2.
General Plan Goal LU 6.14 encourages "A successful mixed-use district that integrates economic and
commercial centers serving the needs of Newport Beach residents and the subregion, with expanded
opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by
a pedestrian -friendly environment." General Plan Policy CE 5.1.2 promotes "hnk[in] residential areas, schools,
parks, and commercial centers so that residents can travel within the community without driving."
The Project will provide additional, adequate accommodations for the City's aging population, which is
continuing to grow and assist the City in meeting housing goals. The Project will be developed in close proximity
to retail and service uses, restaurants, entertainment, and recreation amenities present in Fashion Island and
would not result in increases in office development in the area. The Modified Project would further this goal
and policy from the City's General Plan by providing additional opportunities for residents to live close to
existing jobs, commerce, entertainment, and recreation in Newport Center. The property's location,
approximately one-quarter mile from Fashion Island, particularly lends itself towards this land use goal.
3
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Vivante Senior Housing Project
Statement of Overriding Considerations
Residential development at this location would provide a pedestrian -friendly environment by placing these uses
within walking distance of employment, shopping, and entertainment.
5. Provide amenities and facilities for senior citizens per General Plan Policy LU 2.8, Policy H 5.1,
Housing Program 5.1.7, and General Plan Policy R4.7.
General Plan Policy LC 2.8 calls for adequate infrastructure by accommodating "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)." General Plan Policy H 5.1 encourages the "approval of housing opportunities for senior citizens and
other special needs populations." Housing Program 5.1.7 encourages "senior citizen independence through the
promotion of housing services related to in-home care, meal programs, and counseling, and maintain a senior
center that affords seniors opportunities to live healthy, active, and productive lives in the City." Moreover,
General Plan Policy R 4.7 calls for the provision of "quality services and programs which meet social,
recreational and health needs of the senior population."
The Modified Project would further these policies and programs from the City's General Plan by providing
housing for senior citizens that include on-site amenities and facilities that encourage independence and
opportunities for recreation.
Conclusion
The City of Newport Beach has balanced the project's benefits against the project's significant unavoidable
construction noise impact and finds that the project's benefits outweigh the project's significant unavoidable
impact. This impact, therefore, is considered acceptable in light of the project's benefits. The City finds that
each of the benefits described above is an overriding consideration, independent of the other benefits, that
warrants approval of the project notwithstanding the project's significant unavoidable impact.
4
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-74, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of August, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of August, 2019.
r
Leilani I. Brown •
City Clerk
Newport Beach, California
L1-_1 FO Rj
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RESOLUTION NO. 2019-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2018-003 TO
CHANGE THE LAND USE DESIGNATION FROM
PRIVATE INSTITUTIONS (PI) TO MIXED-USE
HORIZONTAL (MU -H3) FOR THE VIVANTE SENIOR
HOUSING PROJECT LOCATED AT 850 AND 856 SAN
CLEMENTE DRIVE (PA2018-185)
WHEREAS, an application was filed by Nexus Development Corporation
representing Vivante Newport Center, LLC ("Applicant"), with respect to property located at
850 and 856 San Clemente Drive, and legally described as Parcel 2 of Newport Beach Lot
Line Adjustment No. 95-3 together with Parcel 2 of Resubdivision No. 501, Assessor's
Parcel Nos. 442-261-05 and 442-261-17 ("Property");
WHEREAS, the Applicant proposes the demolition of the existing Orange County
Museum of Art ("OCMA") (23,632 square feet) and associated administrative office building
13,935 square feet) to accommodate the development of a 183,983 -square -foot, six -story
combination senior housing (90 -unit residential dwelling units) and memory care facility (27
beds) ("Project"). The approximately 2.9 acre site is located on San Clemente Drive opposite
the intersection with Santa Maria Road;
WHEREAS, in order to implement the Project, the Applicant, requests the following
approvals from the City of Newport Beach ("City"):
General Plan Amendment — To amend Anomaly No. 49 to change the land
use category from PI (Private Institutions) to MU -H3 (Mixed -Use Horizontal).
The proposed amendment also includes 90 additional dwelling units and would
reduce the nonresidential floor area from 45,208 square feet to 16,000 square
feet in Statistical Area L1. Table LU1 is amended to reflect a total of 540
dwelling units authorized within the MU -H3 land use designation,
Planned Community Development Plan Amendment — To modify the San
Joaquin Plaza Planned Community Development Plan (PC -19) to include
development and design standards to allow for 90 senior dwelling units and 27
memory care beds. The Applicant also requests an increase in the height limit
from 65 feet to 69 feet with 10 feet for appurtenances,
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Resolution No. 2019-75
Page 2 of 12
Development Agreement — To provide public benefits should the Project be
approved pursuant to Section 15.45.020 (Development Agreement Required)
of the Newport Beach Municipal Code ("NBMC") because the requested
General Plan Amendment includes 50 or more dwelling units and adds dwelling
units within Statistical Area 1-1,
Conditional Use Permit — To allow the operation of the proposed senior
housing and memory care facility, alcohol service for dining hall and lounge
areas in the form of a Type 47 (On Sale General) and Type 57 (Special On
Sale General) Alcoholic Beverage Control ("ABC') licenses, and ensure land
use compatibility,
Major Site Development Review — To allow the construction of 90 senior
dwelling units and a 27 -bed memory care facility and to ensure the Project is
developed in accordance with the applicable planned community and zoning
code development standards and regulations pursuant to Section 20.52.080
Site Development Reviews) of the NBMC,
Lot Merger — To merge the two (2) existing parcels into one development site,
Addendum to Environmental Impact Report (SCH#2016021023) — To
address reasonably foreseeable environmental impacts resulting from the
legislative and project specific discretionary approvals, the City has determined
that an addendum to a previously certified Environmental Impact Report ("EIR")
is warranted pursuant to the California Environmental Quality Act ("CEQA");
WHEREAS, the Property is designated PI (Private Institutions) by the General Plan
Land Use Element and is located within the PC -19 (San Joaquin Plaza Planned Community)
Zoning District;
WHEREAS, the Property is not located within the coastal zone; therefore, a coastal
development permit is not required;
WHEREAS, a Planning Commission study session was held on April 18, 2019, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to
introduce the Project to the Planning Commission. No action was taken at the study session;
PA2019-164
Resolution No. 2019-75
Page 3 of 12
WHEREAS, on July 18, 2019, the Airport Land Use Commission ("ALUC") found
the City of Newport Beach Vivante Senior Housing project to be consistent with the Airport
Environs Land Use Plan for John Wayne Airport;
WHEREAS, the Planning Commission held a public hearing on July 18, 2019 in the
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. (the "Ralph M. Brown Act") and Chapters 15.45, 20.56 and
20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this hearing;
WHEREAS, on July 18, 2019, the Planning Commission adopted Resolution No.
PC2019-021 by a unanimous vote of 5 ayes and 0 nays, recommending approval of the
Project, and the land use entitlements referenced above, to the City Council;
WHEREAS, the City Council held a public hearing on August 13, 2019, in the
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and Chapters 15.45, 20.56 and 20.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing;
WHEREAS, amendments to the City of Newport Beach General Plan ("General
Plan") and Planned Community Development Plan are legislative acts and neither the
NBMC nor State Planning Law set forth any required findings for either approval or denial
of such amendments;
HI
PA2019-164
Resolution No. 2019-75
Page 4 of 12
WHEREAS, City Council Policy A-18 requires that proposed general plan
amendments ("GPA"s) be reviewed to determine if a vote of the electorate would be
required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively
with other GPAs within the previous 10 years generates more than 100 peak hour trips
a.m. or p.m.), adds 40,000 square feet of nonresidential floor area, or adds more than
100 dwelling units in a statistical area, a vote of the electorate would be required if the
City Council approves the GPA. The Property is within Statistical Area L1. One (1) prior
GPA in Statistical Area L1 has been approved since 2009. The amendment results in a
reduction of nonresidential floor area (45,208 square feet to 16,000 square feet) and an
increase of 90 dwelling units. The conversion of the 16,000 square feet of nonresidential
floor area from private institutional use to a blended commercial rate and the addition of
90 dwelling units for the proposed facility results in a net increase of 26 a.m. peak hour
trips and a net increase of 52 p.m. peak hour trips. These increases are based on the trip
generation rates for the blended private institutions to blended commercial rate (for the
convalescent care/memory care component) and residential apartment units (for senior
housing/congregate care component), which are considered the best available
comparable land uses in Council Policy A-18. As none of the thresholds specified by
Charter Section 423 are exceeded, no vote of the electorate is required if the City Council
chooses to approve GPA No. GP2018-003;
WHEREAS, the future development of the Property affected by the proposed
amendments will be consistent with the goals and policies of the Land Use Element of
the General Plan; and will be consistent with the purpose and intent of the proposed
amendment to the PC -19 Zoning District of the NBMC; and
WHEREAS, pursuant to California Government Code Section 65352.3 (SB18), a
local government is required to contact the appropriate tribes identified by the Native
American Heritage Commission ("NAHC") each time it considers a proposal to adopt or
amend the General Plan. If requested by any tribe, the local government must consult for
the purpose of preserving or mitigating impacts to cultural resources. The City received
comments from the NAHC indicating that four tribal contacts should be provided notice
regarding the proposed amendment. The tribal contacts were provided notice on April 4,
2019. California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The City was
not contacted by any tribal contacts during this 90 day period.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
PA2019-164
Resolution No. 2019-75
Page 5 of 12
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications proposed by the City Council are not
major changes that require referral back to the Planning Commission for its
recommendation.
Section 2: The City Council hereby approves General Plan Amendment No.
GP2018-003 as depicted in Exhibit "A," to change the land use category from PI (Private
Institutions) to MU -H3 (Mixed -Use Horizontal), amend Table LU1 to allow for 540 dwelling
units within the MU -H3 land use designation, and amend Anomaly No. 49 (Table LU2 and
associated figures), adding 90 additional dwelling units and reducing the nonresidential floor
area from 45,208 square feet to 16,000 square feet in Statistical Area L1.
Section 3: Though not required to make specific findings, the General Plan
amendment is consistent with the General Plan and Title 20 of the NBMC ("Zoning Code")
as provided herein:
1. The requested GPA from PI to MU -H3 does not eliminate existing or future land
uses to the overall detriment of the community given the Property's size, location,
and surrounding uses. Numerous PI -designated properties are located throughout
the City that can accommodate privately owned facilities that serve the public.
Additionally, cultural institutions are allowed by right in 10 commercial and mixed-
use zoning districts.
2. The requested GPA and resulting land use change are compatible with the
surrounding existing uses and planned land uses identified by the General Plan
because the Project would introduce a senior housing development (residential
use) and memory care facility (nonresidential use) into the Newport Center area,
which is currently a regional center of business and commerce that includes major
retail, professional office, entertainment, recreation, and residential developments
in a master planned mixed-use area. The Project would help to ensure adequate
accommodations are available to the City's aging population and is in furtherance
of the policies set forth in the General Plan Land Use Element.
3. The requested GPA and resulting land use change is consistent with other
applicable land use policies of the General Plan as provided below.
PA2019-164
Resolution No. 2019-75
Page 6 of 12
a. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide
opportunities for the development of residential units that respond to
community and regional needs in terms of density, size, location, and cost.
Implement goals, policies, programs, and objectives identified within the City's
Housing Element.
The Project would replace the OCMA and the possibility to construct 45,208 -
square -foot private institutional buildings with a facility to serve the aging
population defined as people over 60. This demographic comprises almost 22
percent of the City's total population according to latest available Census
Bureau data from 2018. At present, there are approximately 752 units
congregate and independent living) and 265 beds (convalescent care) in
similar facilities citywide.
b. Land Use Element 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 City'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.
The Project would enhance Newport Center by providing an updated building
that complies with all current Building and Fire Codes. The change in use,
increase in dwelling units, and reduction of nonresidential floor area are
appropriate given that the Project will provide additional, adequate
accommodations for the City's aging population, which is continuing to grow
and assist in meeting the City's housing goals. Terms may be included in the
development agreement to further ensure public welfare and safety. The
Project would result in a calculated overall increase of average daily trips
ADT") by 129, based on trip counts for the existing site and the Institute of
Transportation Engineers' ("ITE's") 2017 Trip Generation Manual, 10th Edition
trip rate for a continuing care retirement community. The existing OCMA and
administrative office building generated a calculated 164 average daily trips,
while the Project is estimated to generate 293 ADT.
PA2019-164
Resolution No. 2019-75
Page 7 of 12
c. Land Use Element Policy LU 3.3 (Opportunities for Change). Provide
opportunities for improved development and enhanced environments for
residents in the following districts and corridors, as specified in Polices 6.3.1
through 6.22.7.-
Fashion
22.7:
Fashion Island/Newport Center: expanded retail uses and hotel rooms and
development of residential in proximity to jobs and services, while limiting
increases in office development
The Project will provide additional, adequate accommodations for the City's
aging population, which is continuing to grow and assist the City in meeting
housing goals. The Project will be developed in close proximity to retail and
service uses, restaurants, entertainment, and recreation amenities present in
Fashion Island and would not result in increases in office development in the
area.
d. Land Use Element Policy LU3.8 (Project Entitlement Review with Airport Land
Use Commission). Refer the adoption or amendment of the General Plan,
Zoning Code, specific plans, and Planned Community development plans for
land within the John Wayne Airport planning area, as established in the JWA
Airport Environs Land Use Plan ("AELUP'), to the Airport Land Use
Commission ('ALUC') for Orange County for review, as required by Section
21676 of the California Public Utilities Code. In addition, refer all development
projects that include buildings with a height greater than two hundred (200) feet
above ground level to the ALUC for review.
On July 18, 2019, the ALUC reviewed the Project and found it consistent with
the AELUP.
e. Land Use Element Policy LU 5.3.2 (Mixed -Use Building Location and Size of
Nonresidential Uses). Require that 100 percent of the ground floor street
frontage of mixed-use buildings be occupied by retail and other compatible
nonresidential uses, unless specified otherwise by policies LU 6.1.1 through
LU 6.20.6 for a district or corridor.
PA2019-164
Resolution No. 2019-75
Page 8 of 12
The proposed nonresidential portion of the Project consists of a 27 -bed
memory care facility, which will be located on the second floor level of the
building. While LU 5.3. 2 requires nonresidential uses to be located on the
ground floor level of mixed-use buildings, the memory care facility use has a
unique need to limit access of its residents who could become a flight risk. For
security purposes, this portion of the Project is located on the second floor level,
while more common area amenities and services that serve all residents of the
Project will be located on the ground floor and basement level potions of the
building. This design, with common amenities at the first floor level, is
consistent with the intent of this policy to create a synergy for residents and
visitors to enter and utilize the building. All residents of the Project (memory
care residents must be accompanied by a staff member) will have the
opportunity to utilize these common area amenities that are located on the first
floor level.
f. Land Use Element Policy LU 5.3.3 (Parcels Integrating Residential and
Nonresidential Uses). Require that properties developed with a mix of
residential and nonresidential uses be designed to achieve high levels of
architectural quality in accordance with policies LU 5.1.9 and LU 5.2.1 and
planned to ensure compatibility among the uses and provide adequate
circulation and parking. Residential uses should be seamlessly integrated with
nonresidential uses through architecture, pedestrian walkways, and landscape.
They should not be completely isolated by walls or other design elements. (Imp
2.1)
The Project integrates residential and nonresidential uses into one cohesive
building. The building design will provide a high level of architectural quality,
utilizing materials such as smooth -coat plaster walls, natural travertine stone,
vinyl windows, metal railings, window trims, and a porte-cochere. The
nonresidential memory care facility will be integrated and located within a
portion of the second floor level of the building. Residents of the memory care
facility (accompanied by staff) will have the ability to mingle and utilize the same
common area amenities such as activity rooms, outdoor gardens, seating
areas, and dining areas that are provided for the rest of the senior housing. The
Project will be served by a 118 -space surface level parking lot and the number
of parking spaces and circulation is designed to adequately accommodate
residents, visitors, staff, shuttles, deliveries, moving vehicles and emergency
vehicles.
PA2019-164
Resolution No. 2019-75
Page 9 of 12
g. Land Use Element Policy 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.
The Project will be served by a 118 -space surface level parking lot and the
number of parking spaces and circulation is designed to adequately
accommodate residents, visitors, staff, shuttles, deliveries, moving vehicles
and emergency vehicles. The parking area is set back from San Clemente
Drive and the adjacent sidewalk with site landscaping along the street frontage.
h. Land Use Element Goal LU 6. 14 (Newport Center/Fashion Island). A
successful mixed-use district that integrates economic and commercial centers
serving the needs of Newport Beach residents and the subregion, with
expanded opportunities for residents to live close to jobs, commerce,
entertainment, and recreation, and is supported by a pedestrian -friendly
environment.
Refer to Fact in Support of Finding 3c.
i. Land Use Element Policy LU 6.14.2 (Newport Center ["MU -H3, " "CO -R," "CO-
M," and "RM" designations]). Provide the opportunity for limited residential,
hotel, and office development in accordance with the limits specified by Tables
LU1 and LU2. (Imp 2.1)
Refer to Fact in Support of Finding 3b and 3c.
j. Land Use Element Policy LU 6.14.4 (Development Scale). Reinforce the
original design concept for Newport Center by concentrating the greatest
building mass and height in the northeasterly section along San Joaquin Hills
Road, where the natural topography is highest and progressively scaling down
building mass and height to follow the lower elevations toward the
southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1)
PA2019-164
Resolution No. 2019-75
Page 10 of 12
The Project is located at the northwesterly portion of Newport Center. The
existing development in Newport Center is consistent with LU 6.14.4 as the
majority of the office towers over 200 feet and the Island Hotel are located in
northeasterly section in Blocks 500 and 600. The type and design of a structure,
not just the use, are important in determining if the bulk and scale of the building
are appropriate for this particular location. Additionally, per NBMC Section
20.30.060 (Height Limits and Exceptions), height limits in planned communities
are not bound by its limitations provided that appropriate findings are made.
The existing PC -19 (San Joaquin Plaza Planned Community) development
standards limit building height to 65 feet in height while the proposed Project
height is 68 feet 8 inches (with an additional 10 feet allowed for appurtenances).
The building design, bulk, and scale, is consistent with the height and grade of
other buildings located in the immediate vicinity of Newport Center and will not
create a substantial shade or shadow impact on adjacent development such as
Villas Fashion Island.
Section 4: The requested GPA from PI to MU -H3 does not eliminate existing or
future land uses to the overall detriment of the community given the site's size, location,
and surrounding uses. Numerous PI designated properties are located throughout the
City that could accommodate private institutions. Additionally, private institutions are
allowed by right in 10 commercial and mixed-use zoning districts.
Section 5: General Plan Amendment No. GP2018-003 does not require voter
approval pursuant to Section 423 of the City Charter in that there has been one (1) prior
GPA in Statistical Area L1, where the Property is located, over a 10 year period. The
amendment reduces the nonresidential floor area, results in 90 additional dwelling units,
results in 21 additional a.m. peak hour trips, and results in 42 additional p.m. peak hour
trips.
Section 6: The Museum House Project Final EIR (SCH No. 2016021023) was
prepared in compliance with the California Environmental Quality Act ("CEQA") as set
forth in the California Code of Regulations, Title 14, Division 6, Chapter 3, and City
Council Policy K-3. By Resolution No. 2016-126, the City Council, having final approval
authority over the Project, adopted and certified as complete and adequate the Museum
House Project Final Environmental Impact Report (SCH No. 2016021023) and adopted
Mitigation Monitoring and Reporting Program." Resolution No. 2016-126 is hereby
incorporated by reference.
PA2019-164
Resolution No. 2019-75
Page 11 of 12
Section 7: The Vivante Senior Housing Environmental Impact Report Addendum
EIR Addendum) (SCH No. 2016021023) was prepared for the Project in compliance with
CEQA, the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2019-
74, the City Council having final approval authority over the Project, adopted and certified
as complete and adequate the Vivante Senior Housing Project Final Environmental
Impact Report Addendum (SCH No. 2016021023) and adopted "Mitigation Monitoring
and Reporting Program." Resolution No. 2019-74 is hereby incorporated by reference.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
PA2019-164
Resolution No. 2019-75
Page 12 of 12
Section 10: This resolution shall take effect immediately upon the effective date
of City Council Ordinance No. 2019-13, adopting Planned Community Development Plan
Amendment No. PC2018-001, and City Council Ordinance No. 2019-14, adopting
Development Agreement No. DA2018-005, and the City Clerk shall certify the vote
adopting the resolution.
ADOPTED this 13th day of August, 2019.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
V141 ---
Aaron . Harp
City A t rney
Attachments:
Diane B. Dixon
Mayor
Exhibit "A" General Plan Land Use Amendments
PA2019-164
Exhibit "A"
General Plan Land Use Amendments
PA2019-164
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PA2019-164
Land Use Element
Land Use Category Uses Density/ Intensity
MIXED-USE HORIZONTAL— The MU -H designation is intended to provide for the development of areas for a horizontally
MU -H distributed mix of uses, which may include general or neighborhood commercial, commercial
offices, multi -family residential, visitor -serving and marine -related uses, and/or buildings that
vertically integrate residential with commercial uses.
Mixed -Use Horizontal 1— The MU -H1 designation provides for a horizontal
MU -H1 intermixing of uses.
For properties located on the inland side of Coast
Highway in the Mariners' Mile Corridor, (a) the Coast
Highway frontages shall be developed for marine -related
and highway -oriented general commercial uses in
accordance with CM and CG designations; and
b) portions of properties to the rear of the commercial
frontage may be developed for free-standing
neighborhood -serving retail, multi -family residential units,
or mixed-use buildings that integrate residential with retail
uses on the ground floor in accordance with the CN, RM ,
CV, or MU -V designations respectively.
Properties located in the Dover DriveMestcliff Drive
area may also be developed for professional offices or
mixed-use buildings that integrate residential with retail or
office uses on the ground floor in accordance with the CO
and MU -V designations respectively.
Commercial or Office only:
floor area to land ratio of 0. 5.
Multi -Family Residential only:
20.1-26.7 units per acre.
Mixed -Use Buildings: floor area
to land ratio of 1.5; where a
minimum floor area to land ratio
of 0.25 and maximum of 0. 5
shall be used for nonresidential
purposes and a maximum of 1.0
for residential.
Mixed -Use Horizontal 2— The MU -H2 designation applies to properties located in Residential: maximum of 2,200
MU -H2 the Airport Area. It provides for a horizontal intermixing of units as replacement of existing
uses that may include regional commercial office, multi- office, retail, and/or industrial
family residential, vertical mixed-use buildings, industrial, uses at a maximum density of 50
hotel rooms, and ancillary neighborhood commercial uses. units per adjusted gross acre, of
which a maximum of 550 units
may be developed as infill.
Nonresidential Uses: as
defined by Table LU2
Mixed -Use Horizontal 3— The MU -H3 designation applies to properties located in Residential: maximum of 454- 540
MU -H3 Newport Center. It provides for the horizontal intermixing units
of regional commercial office, hotel, multi -family Hotel: 65 rooms in addition to
residential and ancillary commercial uses. Within the those specified in Table LU2
Tennis Club, residential uses may be developed as single- Other: Nonresidential: As
family units. specified by Table LU2
Newport Beach General Plan
PA2019-164
Land Use Element
Table L111,1112 AnomalyLocations
Anomaly
Number
Statistical
Area
Land Use
Designation
Development
Limit (so Development Limit Other Additional Information
37 L1 CO -R 131,201 2,050 Theater Seats (not included in
total square footage)
38 L1 CO -M 443,627
39 L1 MU -H3 408,084
40 L1 MU -H3 1,426,634 425 Hotel Rooms (included in total
Square Footage)
41 L1 CO -R 327,671
42 L1 CO -R 286, 166
43 L1 CV 611 Hotel Rooms
44 L1 CR 1,619,525 1,700 Theater Seats (not included in
total square footage)
45 L1 CO -G 162,364
46 L1 MU-H3/PR 3,725 24 Tennis Courts Residential permitted in accordance
with MU -H3.
47 L1 CG 105,000
48
49
L1
L1MAL
MU -H33 7, 6
90 Dwelling Units
50 L1 CG 25,000
51 K1 PR 20,000
52 K1 CV 479 Hotel Rooms
53 K1 PR 567,500 See Settlement Agreement
54 J1 CM 2,000
55 H3 PI 119,440
56 A3 PI
1,343,238 990,349 sf Upper Campus
577,889 sf Lower Campus
In no event shall the total combined
gross floor area of both campuses
exceed the development limit of
1,343,238 sq. ft.
57 Intentionally Blank
58 J5 PR 20,000
59 H4 MU -W1 247,402 144 Dwelling Units (included in total
square footage)
60 N CV 3,035,000
2,150 Hotel Rooms (2,960,000
square feet for hotel rooms and
related commercial uses identified in
Newport Coast LCP)
75,000 square feet for Day Use
Commercial
Newport Coast LCP Planning Area
13
Correction per Planning Commission
Resolution 2030 adopted October 6, 2016
61 N CV 125,000 Newport Coast LCP Planning Areas
3B and 14
62 L2 CG 2,300
63 G1 CN 66,000
64 M3 CN 74,000
65 M5 CN 80,000
66 J2 CN 138,500
67 D2 PI 20,000
68 L3 PI 71,150
69 K2 CN 75,000
70 D2 RM -D Parking Structure for Bay Island (No
Residential Units)
71 1 L1 CO -G 11,630
Newport Beach General Plan M
PA2019-164
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-75, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 131h day of August, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of August, 2019.
ir
Leilani I. Brown
City Clerk
Newport Beach, California
F-
U
X91'
PA2019-164
RESOLUTION NO. 2019-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
MAJOR SITE DEVELOPMENT REVIEW NO. SD2018-
003, CONDITIONAL USE PERMIT NO. UP2018-019, AND
LOT MERGER NO. LM2018-004 AND REVOCATION OF
USE PERMIT NO. UP2005-017 AND MODIFICATION
PERMIT NO. MD2004-059 FOR THE VIVANTE SENIOR
HOUSING PROJECT, LOCATED AT 850 AND 856 SAN
CLEMENTE DRIVE (PA2018-185)
WHEREAS, an application was filed by Nexus Development Corporation
representing Vivante Newport Center, LLC ("Applicant"), with respect to property located at
850 and 856 San Clemente Drive, and legally described as Parcel 2 of Newport Beach Lot
Line Adjustment No. 95-3 together with Parcel 2 of Resubdivision No. 501, Assessor's
Parcel Nos. 442-261-05 and 442-261- 17 ("Property");
WHEREAS, the Applicant proposes the demolition of the existing Orange County
Museum of Art ("OCMA") (23,632 square feet) and associated administrative office building
13,935 square feet) to accommodate the development of a 183,983 square foot, six -story
combination senior housing (90 unit residential dwelling units) and memory care facility (27
beds) ("Project"). The approximately 2.9 acre site is located on San Clemente Drive opposite
the intersection with Santa Maria Road;
WHEREAS, in order to implement the Project, the Applicant, requests the following
approvals from the City of Newport Beach ("City"):
General Plan Amendment — To amend Anomaly No. 49 to change the land
use category from PI (Private Institutions) to MU -H3 (Mixed -Use Horizontal).
The proposed amendment also includes 90 additional dwelling units and would
reduce the nonresidential floor area from 45,208 square feet to 16,000 square
feet in Statistical Area L1. Table LU1 is amended to reflect a total of 540
dwelling units authorized within the MU -H3 land use designation,
Planned Community Development Plan Amendment — To modify the San
Joaquin Plaza Planned Community Development Plan (PC -19) to include
development and design standards to allow for 90 senior dwelling units and 27
memory care beds. The Applicant also requests an increase in the height limit
from 65 feet to 69 feet with 10 feet for appurtenances,
PA2019-164
Resolution No. 2019-76
Page 2 of 21
Development Agreement — To provide public benefits should the Project be
approved pursuant to Section 15.45.020 (Development Agreement Required)
of the Newport Beach Municipal Code ("NBMC") because the requested
General Plan Amendment includes 50 or more dwelling units and adds dwelling
units within Statistical Area L1,
Conditional Use Permit — To allow the operation of the proposed senior
housing and memory care facility, alcohol service for dining hall and lounge
areas in the form of a Type 47 (On Sale General) and Type 57 (Special On
Sale General) Alcoholic Beverage Control ("ABC') licenses, and ensure land
use compatibility,
Major Site Development Review — To allow the construction of 90 senior
dwelling units and a 27 bed memory care facility and to ensure the Project is
developed in accordance with the applicable planned community and zoning
code development standards and regulations pursuant to Section 20.52.080
Site Development Reviews) of the NBMC,
Lot Merger — To merge the two (2) existing parcels into one development
site,
Addendum to Environmental Impact Report (SCH#2016021023) — To
address reasonably foreseeable environmental impacts resulting from the
legislative and project specific discretionary approvals, the City has determined
that an addendum to a previously certified Environmental Impact Report ("EIR")
is warranted pursuant to the California Environmental Quality Act ("CEQA");
WHEREAS, the Property is designated PI (Private Institutions) by the City of
Newport Beach General Plan ("General Plan") Land Use Element and is located within the
PC -19 (San Joaquin Plaza Planned Community) Zoning District;
WHEREAS, the Property is not located within the coastal zone; therefore, a coastal
development permit is not required;
WHEREAS, a Planning Commission study session was held on April 18, 2019, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to
introduce the Project to the Planning Commission. No action was taken at the study session;
WHEREAS, on July 18, 2019, the Airport Land Use Commission ("ALUC") found
the City of Newport Beach Vivante Senior Housing project to be consistent with the Airport
Environs Land Use Plan for John Wayne Airport;
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WHEREAS, the Planning Commission held a public hearing on July 18, 2019 in the
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the hearing was given in accordance with California Government
Code Section 54950 et seq. (the "Ralph M. Brown Act") and Chapters 15.45, 20.56 and
20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this hearing;
WHEREAS, on July 18, 2019, the Planning Commission adopted Resolution No.
PC2019-021 by a unanimous vote of 5 ayes and 0 nays, recommending approval of the
Project, and the land use entitlements referenced above, to the City Council;
WHEREAS, the City Council held a public hearing on August 13, 2019, in the
Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and Chapters 15.45, 20.56 and 20.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing;
WHEREAS, a site development review is required for the construction of five (5)
or more residential units processed in conjunction with a mixed-use development. The
site development review analyzes the Project as a whole for compatibility with the site
and surrounding land uses;
WHEREAS, a conditional use permit is required pursuant to the amended PC -19
San Joaquin Plaza Planned Community) Zoning District land use regulations to allow the
operation of the proposed senior housing and memory care facility, alcohol service for
dining hall and lounge areas in the form of a Type 47 (On Sale General) and Type 57
Special On Sale General) Alcoholic Beverage Control ("ABC") licenses, and ensure land
use compatibility;
WHEREAS, a lot merger is required to merge the two (2) existing parcels into one
1) development site; and
WHEREAS, revocation of Use Permit No. UP2005-017 is requested by the
Applicant. Use Permit No. UP2005-017 allowed beer and wine sales at the museum.
Revocation of Modification Permit No. MD2004-059 which allowed additional
flagpoles/signage beyond that allowed by the NBMC is also requested by the Applicant.
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NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications proposed by the City Council are not
major changes that require referral back to the Planning Commission for its
recommendation.
Section 2: The City Council hereby approves Major Site Development Review
No. SD2018-003, Conditional Use Permit No. UP2018-019, and Lot Merger No. LM2018-
004, subject to the conditions of approval set forth in Exhibit "A", which is attached hereto
and incorporated herein by reference.
Section 3: A site development review is required for the construction of five or
more residential units processed in conjunction with a mixed-use development. The site
development review analyzes the Project as a whole for compatibility with the site and
surrounding land uses. In accordance with Subsection 20.52.080(F) (Site Development
Reviews, Findings and Decision) of the NBMC, the following findings and facts in support
of such findings are set forth:
Finding:
A. The proposed development is allowed within the subject zoning district.
Fact in Support of Finding:
1. The proposed Major Site Development Review for the approximately 184,000
square foot Project is consistent with the proposed amendment to the PC -19
Development Plan, which would allow a residential care facility for the elderly,
subject to the approval of a conditional use permit. The Residential Care Facility
for the Elderly ("RCFE") would be a combined memory care senior
housing/assisted living facility.
Finding:
B. The proposed development is in compliance with all of the following applicable
criteria in Subsection 20.52.080(C)(2)(c):
i. Compliance with this section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to
the use or structure;
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ii. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
developments; and whether the relationship is based on standards of good
design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the
use of water efficient plant and irrigation materials, and
vi. The protection of significant views from public rights) -of -way and compliance
with NBMC Section 20.30. 100 (Public View Protection).
Facts in Support of Finding:
1. The Project is consistent with the amended MU -1-13 General Plan land use
designation and the amended San Joaquin Plaza Planned Community (PC -19)
Zoning District.
2. The proposed structure will maintain a similar size and scale to that of the existing
adjacent buildings to the west and east along San Clemente Drive. The total gross
floor area will be no more than 189,900 square feet, which will be compliant with
the maximum floor area allowed pursuant to the amended San Joaquin Plaza PC.
3. The building will be set back a minimum of 15 feet from the San Clemente Drive
property line and five (5) feet from all other property lines. The Project is designed
such that the building is set back a minimum of approximately 36 feet from the
adjacent residential property at the Villas Fashion Island to the north. The setback
area will be improved with parking areas and landscaping to help buffer the site
from adjacent uses and the public right-of-way.
4. The proposed structure complies with the amended PC -19 maximum height of 69
inches as measured from finished grade to the top of the uppermost ceiling. An
additional 10 feet is allowed for roofing and mechanical screening up to 77 feet 10
inches. All mechanical equipment on the rooftop will be screened in compliance
with Subsection 20.30.020 (Buffering and Screening) of the NBMC.
5. The proposed structure is required to comply with all Building and Fire Codes. The
facility is required to obtain a license from the Department of Social Services (DSS)
of the State of California for its operation.
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6. The Project will be Italianate in appearance with building materials and finishes
that include smooth -coat plaster walls, natural travertine stone, vinyl windows,
metal railings, window trims, and a porte-cochere. The building style is
complementary to surrounding office buildings in Newport Center and the fagade
is modeled after 888 San Clemente Drive.
7. Site access, including the new curb cut, drive aisles, driveways, parking, loading
spaces, and sight distance have all been reviewed by the Public Works
Department for adequacy, efficiency, and safety. The Project does not change any
street parking configurations as no parking is allowed on San Clemente Drive
8. The Project design complies with the required parking ratio of 1.2 parking spaces
per dwelling unit of congregate care/senior housing (i.e., 90 units multiplied by 1.2
a minimum of 108 parking spaces) and one (1) parking space for every three (3)
beds of memory care (i.e., 27 beds divided by three (3) = a minimum of nine (9)
parking spaces). A total of 118 parking spaces are provided on-site.
9. All facility operations including delivery hours to the facility are limited by the
conditions of approval to help mitigate potential impacts to the adjacent residential
neighbors.
10. The Project includes approximately 15,487 square feet of landscape area, which
has been designed to meet Chapter 14.17 (Water -Efficient Landscape) of the
NBMC requirements with respect to water efficiency.
11. Lighting of the building is conditioned to meet the requirements of the NBMC to
mitigate impacts to neighboring properties.
12. The visual simulations indicate that the Project does not have the potential to
obstruct public views from public view points and corridors, as identified on
General Plan Figure NR 3 (Coastal Views), to the Pacific Ocean, Newport Bay and
Harbor, offshore islands, the Old Channel of the Santa River (the Oxbow Loop),
Newport Pier, Balboa Pier, designated landmark and historic structures, parks,
coastal and inland bluffs, canyons, mountains, wetlands, and permanent passive
open space. The Project is not located near any public view points and there are
no designated public views through or across the site.
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Finding:
C. In accordance with Subsection 20.52.020(F)(5), the proposed development is not
detrimental to the harmonious and orderly growth of the City, nor will it endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of person residing or working in the
neighborhood of the proposed development.
Facts in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding
land uses are minimized to the extent possible to maintain a healthy environment
for both businesses and residents by providing an architecturally pleasing building
with articulation and building modulation to enhance the urban environment
consistent with development in Newport Center.
2. The proposed building has been designed to accommodate and provide safe
access for emergency vehicles, delivery trucks, and refuse collections vehicles, as
determined by the City Traffic Engineer. Emergency, refuse, and delivery trucks
will utilize the entry drive off of San Clemente Drive at the southerly side of the
Property. Secondary egress and emergency access will be available through the
access drive to the northeast. The final size, design, location, and screening of the
refuse enclosures will comply with the requirements of Section 20.30.120 (Solid
Waste & Recyclable Materials Storage) of the NBMC, ensuring compatibility with
the on-site and adjacent uses.
3. Conditions of Approval are included to help ensure any potential impacts are
limited, including, but not limited to:
a. Condition of Approval No. 12 limits delivery and commercial trash pick-up hours
to the facility to mitigate potential impacts to the adjacent neighbors.
b. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet the
requirements of the Zoning Code, prohibiting light and glare spillage from the
facility to the adjacent properties. This will be reviewed in more detail as part of
the building permit plan check process.
c. The noise from a convalescent and/or congregate care facility is typically low.
Conditions of Approval Nos. 32 and 33 helps to ensure that the use will comply
with Chapter 10.26 (Community Noise Control) of the NBMC.
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4. The Project would introduce approximately 153 new residents, which is a nominal
increase in the City's overall total population. However, these types of facilities
typically require more calls for emergency medical services than a residential
community of the same size. Terms may be included in the development
agreement to further ensure public welfare and safety.
5. The Project is located in close proximity to Fire Station 3, which will be available
to respond to medical emergency calls for the facility.
6. The City has sufficient water supply to serve the Project. Site landscaping will
adhere to the requirements of Chapter 14. 17 (Water -Efficient Landscaping) of the
NBMC.
7. The John Wayne Airport is located approximately 2.94 miles southeast of the
Property and is the nearest public airport. The Project is within the notification area
of the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport.
According to the notice criteria tool, the Project is in proximity to a navigation facility
and may impact the assurance of navigation signal reception. However, many
adjacent high rise buildings exceed the height of the proposed Project. A "No
Hazard" determination was provided by the Federal Aviation Administration
FAA"). The Project site also falls outside the 60 dBA Community Noise Equivalent
Level contour line established by the AELUP and would, therefore, not conflict with
any land use compatibility issues related to noise. Finally, the Project site does not
fall within any of the AELUP Safety Zones, in which certain land uses have been
identified as incompatible and restricted. The General Plan and PC amendments
were deemed consistent with the AELUP by the Airport Land Use Commission
meeting at their July 18, 2019 meeting.
8. The Project does not involve the use or manufacture of any hazardous substances
that could impact nearby development. Moreover, Project construction would
comply with all applicable laws and regulations governing application and disposal
of any hazardous materials discovered during construction.
9. Rooftop mechanical equipment is located within a mechanical equipment well and
within an equipment screen and is not visible from the public right-of-way.
10. The new construction complies with all Building, Public Works, Fire Codes, City
ordinances, and all conditions of approval.
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11. A structure has existed at this location since 1976. The Project will improve the site
with construction that complies with all current requirements. The Project will
nominally increase the overall average daily trips ("ADT") by approximately 129
per the existing site trip counts and the 2017 Institute of Transportation Engineers
ITE") Trip Generation Manual. The Public Works Department has reviewed the
proposed operational characteristics and determined that a traffic study is not
required to comply with the Traffic Phasing Ordinance.
12. The Project would replace the existing office buildings with a needed service for
the aging population, where persons over the age of 65 comprise almost 22
percent of the City's total population according to latest available US Census
Bureau data from July 1, 2018.
Section 4: The Applicant requests approval of a senior housing and memory care
facility and accompanying Type 47 (On Sale General) and Type 57 (Special On Sale
General) ABC licenses for alcohol service within designated dining hall and lounge areas.
In accordance with Section 20.48.030 (Alcohol Sales) and 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:
A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3)
Alcohol Sales).
Facts in Support of Finding:
1. The following criteria has been considered:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
The Part One Crimes Rate in Reporting District 39 (RD 39) is higher than
the Part One Crimes Rate for the City and adjacent districts due to the high
concentration of commercial land uses. However, with the introduction of
the new residential units, the crime rate is expected to decrease. The Police
Department does not object to this Project as conditioned.
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
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Due to the high concentration of commercial land uses, the calls for service
and number of arrests are greater than adjacent Reporting Districts. The
Newport Beach Police Department ("NBPD") does not consider the rate
high because of the concentration of restaurants and commercial uses
within Fashion Island and the surrounding North Newport Center. The
NBPD has not previously reported any calls for service to the subject
property since the proposed use is part of a new development.
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools,
other similar uses, and any uses that attract minors.
The Project site is located in a senior housing facility and is intended to
serve residents and their guests. The complex is surrounded by commercial
and residential zoning districts and uses. The dining area for residents is
located inside of the building on the first and second floor levels. There are
no day care centers, hospitals, park and recreation facilities, places of
worship, or similar uses in the immediate vicinity.
d. The proximity to other establishments selling alcoholic beverages for either
off-site or on-site consumption.
The per capita ratio of one license for every 12 residents is higher than all
adjacent reporting districts and the average citywide ratio. This is due to the
commercial nature of RD 39, which contains all of North Newport Center,
including Fashion Island.
e. Whether or not the proposed amendment will resolve any current
objectionable conditions.
The Project has been reviewed and conditioned to ensure that the purpose
and intent of Section 20.48.030 (Alcohol Sales) of the NBMC, is maintained
and that a healthy environment for residents and businesses is preserved.
The service of alcohol is intended for the convenience of residents of the
apartment complex and their guests. Operational conditions of approval
relative to the sale of alcoholic beverages will help ensure compatibility with
the surrounding uses and minimize alcohol related impacts.
Finding:
B. The use is consistent with the General Plan and any applicable specific plan in
accordance with Subsection 20.52.020(F)(1).
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Fact in Support of Finding:
1. The Project is consistent with the amended MU -1-13 General Plan land use
designation and the amended San Joaquin Plaza Planned Community (PC -19)
Zoning District.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code in accordance with
Subsection 20.52.020(F)(2).
Fact in Support of Finding:
1. The Project complies with all NBMC and amended PC -19 development standards,
including, but not limited to, height, floor area, parking, and landscaping. See all
Facts in Support of Findings 1 through 3 for the Planned Community Development
Plan Amendment (II).
Finding:
D. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity in accordance with Subsection 20.52.020(F)(3).
Facts in Support of Finding:
1. The Project will replace an existing museum and associated administrative office
building with senior housing and a memory care facility. At present, a 45,208
square foot building could be constructed on the Property. The Project
improvements will modernize and comprehensively upgrade the general
appearance of the site.
2. The Property is located along San Clemente Drive in Newport Center. A new curb
cut will be created for site access and will be located directly across from Santa
Maria Drive and used as the primary entry and exit. Secondary egress and
emergency access will occur across an existing access drive at the northeast
corner of the property.
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3. The Property is immediately adjacent to professional office buildings to the west
and southeast, which are taller or comparable in height. Several residential
buildings are located in the immediate vicinity, with The Colony Apartments to the
southwest and the Villas Fashion Island to the northeast. These are permitted to
have structures with a maximum height of 50 feet on a 15 foot high podium and 65
feet, respectively with an additional 10 feet for appurtenances. The Project is a
quasi -residential use and complies with the maximum height limitations as
identified in the amended PC -19 Development Plan. It has been designed such
that it will be compatible with the adjoining land uses. All proposed building
construction will be set back a minimum of approximately 36 feet from the property
lines abutting the Villas Fashion Island apartments. The main drive aisle,
landscaping, and a perimeter site will serve to further buffer those residential uses
from the Project.
4. Condition of Approval No. 2 is included to limit the Project to 90 senior housing
dwelling units and 27 memory care beds, which will ensure the operation does not
intensify.
5. The Project has been designed to ensure that potential conflicts with surrounding
land uses are minimized to the extent possible to maintain a healthy environment
for both businesses and residents by providing an architecturally pleasing building
with articulation and building modulation to enhance the urban environment
consistent with development in Newport Center.
6. The proposed building has been designed to accommodate and provide safe
access for emergency vehicles, delivery trucks, and refuse collections vehicles, as
determined by the City Traffic Engineer. Emergency, refuse, and delivery trucks
will utilize the entry drive off of San Clemente Drive at the southerly side of the
Property. Secondary egress and emergency access will be available through the
access drive to the northeast. The final size, design, location, and screening of the
refuse enclosures will comply with the requirements of Section 20.30.120 (Solid
Waste & Recyclable Materials Storage) of the NBMC, ensuring compatibility with
the on-site and adjacent uses.
7. Conditions of Approval are included to help ensure any potential impacts are
limited, including, but not limited to:
a. Condition of Approval No. 12 limits delivery and commercial trash pick-up hours
to the facility to mitigate potential impacts to the adjacent neighbors.
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b. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet the
requirements of the Zoning Code, prohibiting light and glare spillage from the
facility to the adjacent properties. This will be reviewed in more detail as part of
the building permit plan check process.
c. The noise from a convalescent and/or congregate care facility is typically low.
Conditions of Approval Nos. 32 and 33 helps to ensure that the use will comply
with NBMC Chapter 10.26 (Community Noise Control).
Finding.-
E.
inding:
E. 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 in accordance with Subsection
20.52.020(F) (4).
Facts in Support of Finding:
1. The Property is currently developed with an access drive over the adjacent
property at 888 San Clemente Drive. The Project will add its own driveway
approach on San Clemente Drive for Project access and a secondary access
easement will be recorded for egress and emergency vehicle access.
2. The Project provides adequate parking and circulation including turn -around areas
for deliveries. Conditions of approval are included to ensure compliance with all
the circulation standards and the final plans are required to be reviewed and
approved by the Public Works Department.
3. Adequate emergency vehicle access has been incorporated into the Project design
and have been reviewed by the Fire Department. Conditions of approval are
included to help ensure compliance with all emergency vehicle access
requirements and the final plans are required to be approved by the Fire
Department during plan check.
4. The City currently services the site with water and sewer via mains that run through
San Clemente Drive and Santa Barbara Drive out to Jamboree Road. The City has
indicated that the Project could be adequately served by its infrastructure. The Gas
Company and Southern California Edison will continue to service the site for gas
and electrical through existing connections.
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Finding:
F. 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 in
accordance with Subsection 20.52.020(F)(5).
Fact in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding
land uses are minimized to the extent possible to maintain a healthy environment
for both businesses and residents by providing an architecturally pleasing building
with articulation and building modulation to enhance the urban environment
consistent with development in Newport Center.
2. The proposed building has been designed to accommodate and provide safe
access for emergency vehicles, delivery trucks, and refuse collections vehicles, as
determined by the City Traffic Engineer. Emergency, refuse, and delivery trucks
will utilize the entry drive off of San Clemente Drive at the southerly side of the
Property. Secondary egress and emergency access will be available through the
access drive to the northeast. The final size, design, location, and screening of the
refuse enclosures will comply with the requirements of Section 20.30.120 (Solid
Waste & Recyclable Materials Storage) of the NBMC, ensuring compatibility with
the on-site and adjacent uses.
3. Conditions of Approval are included to help ensure any potential impacts are
limited, including, but not limited to:
a. Condition of Approval No. 12 limits delivery and commercial trash pick-up
hours to the facility to mitigate potential impacts to the adjacent neighbors.
b. Conditions of Approval Nos. 29 and 30 require all outdoor lighting to meet
the requirements of the Zoning Code, prohibiting light and glare spillage
from the facility to the adjacent properties. This will be reviewed in more
detail as part of the building permit plan check process.
C. The noise from a convalescent and/or congregate care facility is typically
low. Conditions of Approval Nos. 32 and 33 helps to ensure that the use will
comply with Chapter 10.26 (Community Noise Control) of the NBMC.
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4. The Project would introduce approximately 153 new residents, which is a nominal
increase in the City's overall total population. However, these types of facilities
typically require more calls for emergency medical services than a residential
community of the same size. Terms may be included in the development
agreement to further ensure public welfare and safety.
5. The Project is located in close proximity to Fire Station 3, which will be available
to respond to medical emergency calls for the facility.
6. The City has sufficient water supply to serve the Project. Site landscaping will
adhere to the requirements of Chapter 14.17 (Water -Efficient Landscaping) of the
NBMC.
7. The John Wayne Airport is located approximately 2.94 miles southeast of the
Property and is the nearest public airport. The Project is within the notification area
of the AELUP for John Wayne Airport. According to the notice criteria tool, the
Project is in proximity to a navigation facility and may impact the assurance of
navigation signal reception. However, many adjacent high rise buildings exceed
the height of the proposed Project. A "No Hazard" determination was provided by
the FAA. The Project site also falls outside the 60 dBA Community Noise
Equivalent Level contour line established by the AELUP and would, therefore, not
conflict with any land use compatibility issues related to noise. Finally, the Project
site does not fall within any of the AELUP Safety Zones, in which certain land uses
have been identified as incompatible and restricted. The General Plan and PC
amendments will first be forwarded to the ALUC for their review prior to the City
Council consideration.
8. The Project does not involve the use or manufacture of any hazardous substances
that could impact nearby development. Moreover, Project construction would
comply with all applicable laws and regulations governing application and disposal
of any hazardous materials discovered during construction.
9. Rooftop mechanical equipment is located within a mechanical equipment well and
within an equipment screen and is not visible from the public right-of-way.
10. The new construction complies with all Building, Public Works, Fire Codes, City
ordinances, and all conditions of approval.
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11. A structure has existed at this location since 1976. The Project will improve the site
with construction that complies with all current requirements. The Project will
nominally increase the overall average daily trips ("ADT") by approximately one
hundred twenty-nine (129) per the existing site trip counts and the 2017 Institute
of Transportation Engineers ("ITE") Trip Generation Manual. The Public Works
Department has reviewed the proposed operational characteristics and
determined that a traffic study is not required to comply with the Traffic Phasing
Ordinance.
12. The Project would replace the existing office buildings with a needed service for
the aging population, where persons over the age of 65 comprise almost 22
percent of the City's total population according to latest available US Census
Bureau data from July 1, 2018.
Section 5: In accordance with Section 19.68.030(H) (Lot Mergers, Required
Findings) of the NBMC, the following findings and facts in support of such findings (N
through R) are set forth:
Fi_ nding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare
of the City, and further that the proposed lot merger is consistent with the legislative
intent of Title 19 in accordance with Subsection 19.68.030(H)(1).
Facts in Support of Finding:
1. The Project consists of a single building site constructed across 850 and 856 San
Clemente Drive.
2. The Property is located within the PC -19 (San Joaquin Plaza Planned Community)
Zoning District, which is amended to accommodate the Project.
3. The Project is consistent with the purpose and intent of Title 19 (Subdivisions) of
the NBMC, inasmuch as it will help to protect landowners and surrounding
residents, and will preserve the public health, safety, and general welfare of the
City. It will also be consistent with the policies and provisions of the General Plan,
as discussed under Subsection I, Facts 1-3 and Finding P.
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4. All building improvements are required to comply with applicable NBMC
regulations and City policies.
Finding:
B. The lots to be merged are under common fee ownership at the time of the merger
in accordance with Subsection 19.68.030(H)(2).
Fact in Support of Finding:
1. The Properties, described in Section 1 of this Resolution, are under common fee
ownership by Vivante Newport Center, LLC, as evidenced by the Title Report
submitted with the application.
Finding:
C. The lots, as merged, will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating
to the subject property including, but not limited to, the General Plan and any
applicable Coastal Plan or Specific Plan in accordance with Subsection
19.68.030(H)(3).
Facts in Support of Finding:
1. The General Plan Land Use Element designation will be amended for this parcel
from PI (Private Institutions) to MU -H3 (Mixed -Use Horizontal), which is consistent
with the surrounding block in Newport Center. This area is intended to provide for
horizontal intermixing of regional commercial, office, hotel, multi -family residential,
and ancillary commercial uses. The Project, which consists of senior housing (an
attached multi -family residential use) and memory care facility (a nonresidential
use), is consistent with the MU -H3 land use designation.
2. The Project is consistent with the following General Plan Land Use Element
Policies:
a. LU 4.2 - Prohibition of New Residential Subdivisions. Prohibit new residential
subdivisions that would result in additional dwelling units unless authorized by
an amendment of the General Plan (GPA). Lots that have been legally merged
through the Subdivision Map Act and City Subdivision Code approvals are
exempt from the GPA requirements and may be re -subdivided to the original
underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and
Multiple Unit Residential land use categories.
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The Project includes a General Plan amendment to allow for a mixed-use land
use designation that would accommodate 90 new residential units and 27
memory care beds as part of the Project on a single building site in Newport
Center.
3. Merging of the two (2) existing parcels will comply with Zoning Code requirements
relating to minimum lot area and minimum lot width. The proposed parcel will be
126,600 square feet in area (2.9 acres) for which there is no required minimum lot
size. The width of the parcel will be 429 feet, for which there is no current minimum
lot width. The PC -19 (San Joaquin Plaza Planned Community) text will establish
minimum lot area and lot widths based on the proposed lot merger.
Finding:
D. Neither the lots, as merged, nor the adjoining parcels, will be deprived of legal
access as a result of the merger in accordance with Subsection 19.68.030(H)(4).
Fact in Support of Finding:
1. Neither of the merged parcels, nor the adjoining parcels, will be deprived of legal
access as a result of the merger. Access to both properties is provided from San
Clemente Drive and a new driveway and curb cut will be provided to serve the
Project. Secondary access will be recorded for egress and emergency vehicle
access to the northeast of the property across the Villas Fashion Island property
APN No. 442-261-23).
Finding:
E. In accordance with Subsection 19.68.030(H)(5), the lots, as merged, will be
consistent with the pattern of development nearby and will not result in a lot width,
depth or orientation, or development site that is incompatible with nearby lots. In
making this finding, the review authority may consider the following:
a. Whether development of the merged lots could significantly deviate from the
pattern of development of adjacent and/or adjoining lots in a manner that would
result in an unreasonable detriment to the use and enjoyment of other properties.
b. Whether the merged lots would be consistent with the character or general
orientation of adjacent and/or adjoining lots.
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Resolution No. 2019-76
Page 19 of 21
c Whether the merged lots would be conforming or in greater conformity with
the minimum lot width and area standards for the zoning district.
Facts in Support of Finding:
1. The orientation and primary access to the merged parcel will remain from San
Clemente Drive, a public road.
2. Properties along San Clemente Drive consist of varying shapes and sizes.
Although the proposed lot merger will create a larger parcel, it will not create an
excessively large parcel in comparison to existing lots and parcels in Newport
Center. The width of the San Clemente Drive frontage will appear unchanged and
consistent with the widths of other properties on San Clemente Drive.
Section 6: In accordance with Section 19.08.030(A)(3) (Waiver of Parcel Map
Requirement) of the NBMC, the review authority (City Council) may approve a waiver of
the parcel map requirement in cases where no more than three (3) parcels are eliminated.
The following finding and facts in support of such finding are set forth:
Findinq:
A. That the proposed division of land complies with requirements as to area,
improvement and design, flood water drainage control, appropriate improved
public roads and property access, sanitary disposal facilities, water supply
availability, environmental protection, and other applicable requirements of Title
19, the Zoning Code, the General Plan, and any applicable Coastal Plan or
Specific Plan.
Facts in Support of Finding:
1. Improvements on the Property will be required to comply with the development
standards of the NBMC and General Plan.
2. The Project combines the Properties into a single parcel of land and does not result
in the elimination of more than three (3) parcels.
3. Approval of the Project would remove the existing interior lot line and allow the
Properties to be used as a single site. The Lot Merger in and of itself would not
change the land use or intensity at the site. The Project complies with all design
standards and improvements required for new subdivisions by Title 19
Subdivisions), Title 20 (Planning and Zoning), and the General Plan.
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Resolution No. 2019-76
Page 20 of 21
Section 7: The City Council hereby rescinds Modification Permit No. MD2004-059
PA2004-184) and Use Permit No. UP2005-017 (PA2005-086), which upon vesting of the
rights authorized by this resolution, shall become null and void.
Section 8: In accordance with Section 20.68.050(B)(4)(a) (Review Authority's
Action) of the NBMC, the following finding and fact in support of the revocation are set
forth:
Finding:
A. The permit or approval was issued in error or circumstances under which the
permit or approval was granted have been modified to an extent that one or more
of the findings that justified the original approval can no longer be made and the
public health, safety, and welfare require the revocation or modifications.
Fact in Support of Finding:
1. The Property is subject to changed circumstances under which the Property will
no longer be improved with the infrastructure and occupied by a use contemplated
by Use Permit No. UP2005-017 and Modification Permit No. MD2004-059.
Section 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 10: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 11: The Museum House Project Final EIR (SCH No. 2016021023) was
prepared in compliance with the California Environmental Quality Act ("CEQA") as set
forth in California Code of Regulations, Title 14, Division 6, Chapter 3, and City Council
Policy K-3. By Resolution No. 2016-126, the City Council, having final approval authority
over the project, adopted and certified as complete and adequate the Museum House
Project Final Environmental Impact Report (SCH No. 2016021023) and adopted
Mitigation Monitoring and Reporting Program." Resolution No. 2016-126 is hereby
incorporated by reference.
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Resolution No. 2019-76
Page 21 of 21
Section 12: The Vivante Senior Housing Environmental Impact Report Addendum
EIR Addendum) (SCH No. 2016021023) was prepared for the Project incompliance with
CEQA, the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2019-
the City Council having final approval authority over the Project, adopted and
certified as complete and adequate the Vivante Senior Housing Project Final
Environmental Impact Report Addendum (SCH No. 2016021023) and adopted "Mitigation
Monitoring and Reporting Program." Resolution No. 2019-74 is hereby incorporated by
reference.
Section 13: This resolution shall take effect upon the effective date of City Council
Ordinance No. 2019--G-, adopting Planned Community Development Plan Amendment
No. PC2018-001, and City Council Ordinance No. 2019-A, adopting Development
Agreement No. DA2018-005, and the City Clerk shall certify the vote adopting the
resolution.
ADOPTED this 13th day of August, 2019
ATTEST:
aft6o-Nw-, -
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
jI--
Aaron . Harp
City A rrey
4,c bk
Diane B. Dixon
Mayor
Attachment(s): Exhibit A: Conditions of Approval
Exhibit B: Project Plans
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Exhibit "A"
Conditions of Approval
Project -specific conditions are in italics)
PLANNING DIVISION
The development shall be in substantial conformance with the Property 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. This approval authorizes ninety (90) dwelling units of senior housing/congregate
care and twenty-seven (27) beds for a memory care facility as a Residential Care
Facility for the Elderly, as specified in the adopted Planned Community
Development Plan.
3. The Project shall adhere to the development standards established in the
amended PC -19 Development Plan for the Project site.
4. The Applicant shall comply with all Project design features, mitigation measures,
and standard conditions contained within the approved mitigation monitoring
reporting program (MMRP) of the EIR Addendum (SCH No. 2016021023) for the
Project.
5. The Project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
6. All proposed signs shall be in conformance with the provisions of PC -19 and
Chapter 20.42 (Sign Standards) of the NBMC.
7. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
new elderly residential dwelling units (currently $895.00 per new additional dwelling
unit) in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance)
of the NBMC. A credit for the existing commercial square footage shall be applied
toward this fee and any remaining balance shall be charged to the Applicant.
8. Prior to the issuance of building permits, San Joaquin Transportation Corridor fees
shall be paid at the multi -family rate (currently $2,595 per dwelling unit times one half
for each new senior housing unit) and at the nonresidential rate (currently $5.68 per
square foot), if applicable, in accordance with the Zone B fees identified in the City's
fee schedule. Fees may not apply if the property is considered property tax exempt,
to be determined at the time of building permit issuance.
9. Prior to issuance of final building permits, the Applicant shall prepare a written
disclosure statement prior to sale, lease, or rental of a residential unit in the proposed
mixed-use development consistent with Section 20.48.130.H (Notification to Owners
and Tenants) of the Municipal Code.
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10. Prior to issuance of final building permits, the Applicant shall record a deed
notification with the County Recorder's Office approved as to form by the Office of
the City Attorney consistent with Section 20.48.130. 1 (Deed Notification). The deed
notification shall state that the residential units are located in a mixed-use project
or in a mixed-use zoning district and that an owner may be subject to impacts,
including inconvenience and discomfort, from lawful activities occurring in the
project or zoning district (e.g. noise, lighting, odors, high pedestrian activity levels,
etc.).
11. Any material changes in operational characteristics, including but not limited to the
following, may require an amendment to this use permit or issuance of a new use
permit as determined by the Community Development Director.
a. Expiration without renewal, or permanent loss of a Department of Social
Services (DSS) license as a Residential Care Facility for the Elderly (RCFE).
b. Change in on-site staffing that creates a deficiency in parking supply or results
in a parking impact to surrounding properties.
c. Increase in physical capacity of facility and increases in floor area of facility.
d. Request for amendment to any condition or conditions of approval.
12. 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.
13. All residents, visitors, and employees shall park on-site. Parking on any streets is
strictly prohibited.
14. Prior to the issuance of the final certificate of occupancy, the Operator shall obtain
approval of an RCFE license from the DSS and maintain a DSS license at all times
for the memory care facility. The use shall be operated in compliance with
applicable State and local laws.
15. The Operator shall comply with the Business License provisions of the Municipal
Code.
16. The Operator shall provide and maintain public notice of the Regional DSS Office
and the Long -Term Ombudsman addresses and phone numbers for receiving
inquiries and/or complaints in reference to the operation of its facility.
17. The Operator shall not allow more than two residents in one bedroom for the senior
housing dwelling units.
18. Smoking on-site shall be restricted to a designated area that will prevent second-
hand smoke from traveling to the adjacent properties. This area shall be identified
on the final construction drawings.
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19. On-site assembly -type amenities within the property are limited solely to use by
the residents of the facility and their visiting guests, and facility staff during their
shift.
20. Any and all medical waste generated through the operation of the facility shall be
disposed of in accordance with the NBMC, and all other laws and best industry
standards and practices.
21. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick-up by refuse collection
agencies.
22. Prior to the issuance of building permits, the trash enclosure design shall provide
a minimum of 384 square feet of trash/recycling area and shall have a decorative
solid roof for aesthetic and screening purposes.
23. Trash receptacles for patrons shall be conveniently located both inside and outside
of the establishment, however, not located on or within any public property or right-
of-way.
24. The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and graffiti
from the premises and on all abutting sidewalks within twenty (20) feet of the
premises.
25. The Applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash dumpsters
shall be done in compliance with the provisions of Title 14; including all future
amendments (including Water Quality related requirements).
26. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of
the building permits.
27. Prior to the issuance of building permits, the Applicant shall submit a final
landscape and irrigation plan prepared by a licensed landscape architect. These
plans shall incorporate drought tolerant plantings and water efficient irrigation
practices, and the plans shall be approved by the City Urban Forester and the
Planning Division. The design shall comply with Chapter 14.17 (Water -Efficient
Landscaping) of the NBMC.
28. 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
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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.
29. The Property shall be in compliance with Section 20.30.070 (Outdoor Lighting) of
the NBMC. If in the opinion of the Community Development Director, 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.
30. Prior to the issuance of building permits, the Applicant shall prepare a 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, unless
otherwise approved by the Community Development Director.
31. 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.
32. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) of the NBMC and other applicable noise
control requirements of the NBMC. The maximum noise shall be limited to no more
than depicted below for the specified time periods unless the ambient noise level
is higher:
33. Construction activities shall comply with Section 10.28. 040 (Construction Activity -
Noise Regulations) of the NBMC, which restricts hours of noise -generating
construction activities that produce noise to between the hours of 7:00 a. m. and
6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise -generating construction activities are not allowed on Sundays or Holidays.
34. No outside paging system shall be utilized in conjunction with this establishment.
35. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
36. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any
Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property
45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
33. Construction activities shall comply with Section 10.28. 040 (Construction Activity -
Noise Regulations) of the NBMC, which restricts hours of noise -generating
construction activities that produce noise to between the hours of 7:00 a. m. and
6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise -generating construction activities are not allowed on Sundays or Holidays.
34. No outside paging system shall be utilized in conjunction with this establishment.
35. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
36. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any
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form of on-site media broadcast, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
37. A valet plan shall be reviewed and approved by Public Works prior to the first use
of valet service. The approved valet plan shall be used for each event/holiday. Any
changes to the approved plan requires approval of the Public Works Department.
38. Prior to issuance of any building permit, the Applicant shall provide satisfactory
evidence that a Native American monitor has been retained to observe the site when
construction activities occur in native soils. In the event that tribal cultural resources
are discovered, the Native American monitor shall be included in the consultation on
the recommended next steps.
39. Prior to issuance of any building permit, the Applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Public Works
and Community Development Departments. The plan shall include discussion of
Project phasing; parking arrangements for both sites during construction (including
construction parking); anticipated haul routes; and construction mitigation. Upon
approval of the plan, the Applicant shall be responsible for implementing and
complying with the stipulations set forth in the approved plan.
40. This approval may be modified or revoked by the Planning Commission should they
determine 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.
41. Any change in operational characteristics, expansion in area, or other modification
to the approved plans, shall require an amendment to this Use Permit or the
processing of a new Use Permit.
42. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
43. The term and expiration of Lot Merger No. LM2018-004, Major Site Development
Review No. SD2018-003 and Conditional Use Permit No. UP2018-019 shall be
governed by Development Agreement No. DA2018-005.
44. 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 Vivante Senior
Housing including, but not limited to, General Plan Amendment No. GP2018-003,
Planned Community Development Plan Amendment No. PC2018-001, Development
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Agreement No. DA2018-005, Major Site Development Review No. SD2018-003,
Conditional Use Permit No. UP2018-019, Lot Merger No. LM2018-004, and EIR
Addendum No. ER2016-002 (PA2018-185). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by Applicant, City, and/or the parties
initiating or bringing such proceeding. The Applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The Applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
POLICE DEPARTMENT
45. Alcohol service be limited to 7:00 a.m. through 11:00 p.m., daily.
46. Alcohol service shall be limited to a Type 47 (On Sale General) and Type 57
Special On Sale General) Alcoholic Beverage Control License.
47. Only residents and their guests may be served in the dining halls, cafe, and lounge
areas. The dining halls, cafe, and lounge areas shall not be open to the general public
for food and/or alcohol service.
48. Security cameras with at least a two week retention period must be installed in and
around the alcohol consumption area in the Lounge, Cafe, and Dining Hall areas.
Those recordings shall be made available to police upon request in a timely manner.
49. All owners, managers and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods and
skills for selling alcoholic beverages within sixty (60) days of hire. This training
must be updated every three (3) years regardless of certificate expiration date. The
certified program must meet the standards of the certifying/ licensing body
designated by the State of California. The establishment shall comply with the
requirements of this section within sixty (60) days of approval. Records of each
owner's, manager's, and employee's successful completion of the required
certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
50. Approval does not permit the premises to operate as a "bar, tavern, cocktail lounge
or nightclub" as defined by the Newport Beach Municipal Code. The Newport Beach
Municipal Code defines bars, lounges, and nightclubs as an establishment that sells
or serves alcoholic beverages for consumption on the premises and is holding or
applying for a public premises license from the California State Department of
Alcoholic Beverage Control (ABC) (i.e. ABC License Type 42 ( On -Sale Beer and
Wine — Public Premises), ABC License Type 48 (On -Sale General — Public
Premises), and ABC License Type 61 (On -Sale Beer — Public Premises)). Persons
under twenty-one (21) years of age are not allowed to enter and remain on the
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premises. The establishment shall include any immediately adjacent area that is
owned, leased, rented, or controlled by the licensee.
51. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
52. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or
the sale of drinks.
53. Food service from the regular menu shall be available at all times when alcohol is
served.
54. Strict adherence to maximum occupancy limit is required.
55. The operator shall be responsible for the control of noise generated by the subject
facility. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code.
56. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in all areas surrounding the alcoholic beverage
outlet and adjacent properties during business hours.
BUILDING DIVISION
57. A full building code, accessibility, and structural review will be performed at the
time of plan review submittal.
58. The Applicant is required to obtain all applicable permits from the City's Building
Division. The construction plans must comply with the most recent, City -adopted
version of the California Building Code (CBC). The construction plans must meet all
applicable State Disabilities Access requirements.
59. All new construction shall comply with the latest code edition at the time of plan
check submittal. Current code cycle is 2016 California Code Edition with Newport
Beach Municipal Code Amendments.
60. Prior to gradinq permit issuance, a grading bond shall be required in accordance
with Section 15. 10.080 (Bonds) of the NBMC.
61. Prior to gradinq permit issuance, a geotechnical report shall be submitted to the
Building Division for review.
62. Prior to issuance of gradinq permits, the Applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the Project, subject to the approval
of the Building Division and Code and Water Quality Enforcement Division. The
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WQMP shall provide appropriate Best Management Practices (BMPs) to ensure
that no violations of water quality standards or waste discharge requirements
occur.
63. Prior to grading permit issuance, a drainage and hydrology study shall be
submitted.
64. Prior to issuance of building permits, the Project shall obtain a general construction
NPDES storm water permit from the State Water Resources Control Board. Tel.
909) 782-4130.
65. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The
Applicant will provide the City with a copy of the NO[ 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. The SWPPP Report shall prepared by a qualified
SWPPP Developer (QSD) (http://cfpub.epa.gov/npdes/stormwater/swppp.cfm).
66. The Applicant shall employ the following best available control measures
BACMs") to reduce construction -related air quality impacts:
Dust Control
Water all active construction areas at least twice daily.
Cover all haul trucks or maintain at least two feet of freeboard.
Pave or apply water four times daily to all unpaved parking or staging
areas.
Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
Suspend all operations on any unpaved surface if 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
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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-inch surface layer, subject to review/discretion of the
geotechnical engineer.
67. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored or spilled on the site that could impair water quality. These may
include 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.
68. Prior to the issuance of building permits, Applicant shall provide full building code
analysis on occupancy, type of construction, actual/allowable floor area,
actual/allowable height, number of stories, sprinkler system, etc.
69. Prior to the issuance of building permits, Applicant shall provide a full egress
analysis plan.
70. Prior to the issuance of building permits, Applicant shall provide building or
structure setbacks from top and bottom of slope as shown in CBC, Fig. 1808.7.1.
For descending slopes less than 12 feet in height, minimum setback from
competent slope face material shall be 4 feet.
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71. Prior to the issuance of building permits, Applicant shall provide accessible routes
throughout the entire site such as parking lot area, public area, common area, and
all pedestrian circulations.
72. Prior to the issuance of building permits, Applicant shall clearly distinguish between
the public and common area on the plan. Any public areas within the building shall
comply with Title 24 Chapter 11 B; and all ground -floor dwelling units and common
areas shall comply with Title 24 Chapter 11A.
73. Prior to the issuance of building permits the plans shall reflect all ground -floor units
shall be adaptable and accessible.
74. Prior to the issuance of building permits, accessible parking spaces shall be
provided for the public use areas in accordance with Section 11B-208.2.
75. Prior to the issuance of building permits, accessible parking spaces shall be
provided for unassigned and visitor parking in accordance with Section 1109A.5,
in the event provided parking stalls are insufficient.
76. If any public funding is received for the proposed Project, the entire building will
need to comply with CBC 11 B as public housing requirements.
77. Prior to the issuance of building permits, building areas used to determine based
on the type of construction and occupancy classification shall be the area include
within surrounding exterior walls exclusive of vent shafts and courts. See definition
of "Area, Building" under CBC.
78. Prior to the issuance of building permits Applicant shall identify/clarify all the
dotted lines shown on the civil drawings.
79. Prior to the issuance of building permits, the plans shall reflect that the proposed
building shall not impose surcharge pressures onto existing neighboring retaining
walls.
80. Prior to the issuance of building permits, the plans shall reflect that the exit
enclosure located at the south wing shall discharge directly out of the building or
via passageway.
81. Prior to the issuance of building permits, the plans shall reflect a minimum two-
hour rated exit enclosure stairway. This will be required when connected to four or
more stories.
82. Prior to the issuance of building permits the plans shall reflect where the means
of egress from stories above and below converge at an intermediate level, the
capacity of the means of egress from the point of convergence shall be not less
than the largest minimum width or the sum of the required capacities for the
stairways serving the two adjacent stories, whichever is larger (CBC 1005.7)
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83. Prior to the issuance of building permits, the plans shallprovide elevator lobby and
hoistway opening protection in accordance with CBC Section 3006.
84. Prior to the issuance of building permits, the plans shall identify the pool equipment
and list the quantity of all hazardous materials stored on-site.
FIRE DEPARTMENT
85. The Applicant is required to obtain all applicable permits from the City's Fire
Department.
86. Per California Fire Code ( CFC) Section 907.2.9 Group R-2.1, fire alarm systems
and smoke alarms shall be installed in Group R-2.1 occupancies as required in
Sections 907.2.9.1 and 907.2.9.4.
87. A manual fire alarm system that activates the occupant notification system in
accordance with Section 907.5 shall be installed in Group A occupancies where
the occupant load due to the assembly occupancy is 300 or more (CFC Section
907.2.1).
88. Automatic sprinkler systems shall be designed and installed in accordance with
Section 903.3.1 through 903.3.9 (CFC Section 903.3).
89. Single or multiple station smoke alarms shall be installed and maintained in Group
R-2.1 in the following locations:
a. On the ceiling or wall outside of each, separate sleeping area in the immediate
vicinity of bedrooms.
b. In each room used for sleeping purposes.
90. Fire apparatus access roads shall meet the requirements of CFC Section 503.1. 1
and Newport Beach Fire Department Guideline C. 01 and C. 02. The fire apparatus
access road shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the buildings as measured by an
approved route around the exterior of the building or facility.
91. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved cul-de-sac for turning around the fire apparatus without
backing up. Turnarounds shall meet the turning radius requirements identified in
Newport Beach Fire Department Guideline C.01. The minimum cul-de-sac radius
is 40 feet without parking. An alternative hammerhead turnaround is acceptable,
designed to the dimensions as indicated in Newport Beach Fire Department
Guideline C. 01.
92. Fire access roadways must be constructed of a material that provides an all-
weather driving surface and capable of supporting 72,000 pounds imposed load
for fire apparatus and truck outrigger loads. Calculations stamped and signed by
a Registered Professional Engineer shall certify that the proposed surface meets
PA2019-164
the criteria of an all-weather driving surface and is capable of withstanding the
weight of 72, 000 pounds (Newport Beach Fire Department Guideline C. 01).
93. 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).
94. Fire flow shall be determined as per City Guideline B.01 (CFC 507.3).
95. Fire hydrants shall be provided and located within 400 feet of all portions of the
building (CFC Section 507.5.1).
96. The Fire Department Connection (FDC) shall be on the address side of the building
and located a minimum of 30 feet from beginning of the radius for the driveway
approach; arranged so they are located immediately adjacent to the approved fire
department access road so that hose lines can be readily and conveniently
attached to the inlets without interference from nearby objects including building,
fence, posts, or other fire department connections (Newport Beach Fire
Department Guideline F.04).
97. The FDC shall be located no more than 100 feet from a public hydrant (Newport
Beach Fire Department Guideline F.04).
98. Public Safety Radio Coverage will be required as per CFC Section 510.1 and City
Guideline D. 05.
99. Standby power shall be provided for emergency responder radio coverage
systems as required in 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 24 hours (CFC Section 604.2.3).
100. As perAmendment to CFC Section 604.8, provide and install electrical outlets (120
volt, duplex) connected to the emergency generator circuitry system when a
generator is required by Section 604.2 of the CFC in every fire control room and in
other areas as may be designated by the fire code official in the following locations.-
a.
ocations:
a. In the main exit corridor of each floor adjacent to each exit enclosure,-
b.
nclosure,
b. On every level in every stairwell;
c. In each elevator lobby;
d. In public assembly areas larger than 1, 500 square feet;
e. In every fire control room; and
f. In such other areas as may be designated by the fire code official.
101. Gurney -sized accessible elevator will be required with elevator recall as per CFC
Section 607 and CBC Section 3002.
102. A Type/ hood shall be installed at or above all commercial cooking appliances and
domestic cooking appliances used for commercial purposes that produce grease
vapors (CFC Section 609.2).
PA2019-164
103. Each required commercial kitchen exhaust hood and duct system required by
Section 609 to have a Type I hood shall be protected with an approved automatic
fire extinguishing system installed in accordance with this code (CFC Section
904.2.2).
104. Separation walls and horizontal separations must be provided as per California
Building Code (CBC) Sections 420.2 and 420.3
105. Smoke barriers shall be provided in Group R-2.1 to subdivide every story used by
persons receiving care, treatment or sleeping and to provide other stories with an
occupant load of 50 or more persons, into no fewer than two smoke compartments.
Such stories shall be divided into smoke compartments with an area of not more
than 22,500 square feet and the distance of travel from any point in a smoke
compartment to a smoke barrier door shall not exceed 200 feet. The smoke barrier
shall be in accordance with CFC Section 709.
106. Refuse areas shall be provided within each smoke compartment as per California
Building Code (CBC) Section 420.4.1.
107. Licensed 24-hour care facilities in a Group R-2.1, R-3.1 or R-4 occupancy shall
comply with CBC Section 435 for special provisions for licensed 24-hour care
facilities in a Group R-2.1, R3.1 or R-4 occupancy.
108. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in
beverage dispensing applications shall comply with CFC Sections 5307.2 through
5307.5.2 (CFC Section 5307.1 and City Guideline E.04).
109. Where carbon dioxide storage tanks, cylinders, piping and equipment are located
indoors, rooms, or areas containing carbon dioxide storage tanks, cylinders, piping
and fittings and other areas where a leak of carbon dioxide can collect shall be
provided with either ventilation in accordance with Section 5307.5.1 or an
emergency alarm system in accordance with Section 5307.5.2 (CFC Section
5307.5).
110. Underground Fire line shall be designed as per Newport Beach Fire Department
Guideline F. 04.
PUBLIC WORKS DEPARTMENT
111. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
112. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk
panels, curb, and gutter along the San Clemente Drive frontage.
113. Water and sewer demand studies are required.
PA2019-164
114. All unused sewer laterals to be abandoned shall be capped at the property line. If
the sewer lateral to be abandoned has an existing cleanout, abandonment shall
include removal of the cleanout riser, the 4 T box and the wye. Sewer lateral shall
then be capped where the wye used to be.
115. Anew sewer cleanout shall be installed on the proposed sewer lateral per STD -
406 -L adjacent to the property line in the San Clemente Drive public right-of-way
or within the sewer easement.
116. Prior to the issuance of building permits and in accordance with Chapter 13 of the
City Municipal Code, 48 -inch box street trees shall be planted along the San
Clemente Drive frontage. Tree species (Ficus Rubiganosa) shall be planted per
Council Policy G-6. Quantity and location of trees to be determined by Municipal
Operations Division at plan check.
117. All improvements, including the proposed landscaping at the driveway shall comply
with the City's sight distance requirement. See City Standard 110-L and Municipal
Code Section 20.30.130.
118. In case of damage done to public improvements surrounding the development site
by private construction, additional reconstruction within the public right-of-way
could be required at the discretion of the Public Works Inspector.
119. All on-site drainage shall comply with the latest City Water Quality requirements.
120. The driveway approach shall be constructed per City Standards.
121. No permanent structures can be built within the limits of the proposed and existing
easements.
122. All proposed street trees are to be located at least 10 feet away from all utility
services and driveway approaches.
123. All dead-end drive aisles shall be accompanied by a dedicated turnaround area
and 5 -foot wide minimum hammerhead/drive aisle dedication.
124. No temporary or permanent structural encroachments will be permitted within the
public right-of-way or city easement areas, including but not limited to, caissons,
tie -backs, shoring, etc. No excavation will be permitted within the public right-of-
way as part of the foundation shoring installation.
125. Due to proposed modification or removal of existing City water and sewer facilities,
existing easements will need to be adjusted prior to recordation of the lot merger.
Applicant is responsible for the preparation of all easement documents.
126. Applicant is responsible for all utility upgrades that are required to accommodate
the Project, including off-site sewer upgrades.
PA2019-164
127. Applicant is required to obtain approval from the adjacent property owner (888 San
Clemente Drive) regarding the proposed street end configuration and is
responsible to construct said improvements.
128. Orange County Sanitation District fees shall be paid prior to the issuance of any
building permits.
129. Prior to commencement of demolition and grading of the Project the Applicant
shall submit a construction management and delivery plan to be reviewed and
approved by the Public Works Department. The plan shall include discussion of
Project phasing; parking arrangements for both sites during construction;
anticipated haul routes and construction mitigation. Upon approval of the plan, the
Applicant shall be responsible for implementing and complying with the stipulations
set forth in the approved plan.
130. 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.
131. Prior to the issuance of building permits, the Lot Merger shall be recorded. The Lot
Merger exhibits shall be submitted to the Public Works Department for final review
and approval. All applicable fees shall be paid.
132. Prior to the final of building permits, a secondary access easement shall be
recorded for the rear access drive across Villas Fashion Island (APN No. 442-261-
22).
133. Prior to the issuance of building permits, easements for unused utilities shall be
abandoned and recorded.
UTILITIES DEPARTMENT
134. A Standard Stormwater Mitigation Plan (SSMP) is required for the private sewer
system. The SSMP shall be recorded with the property similar to a WQMP.
PA2019-164
Exhibit "B"
Project Plans
PA2019-164
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EXHIBIT "All SHEET 1 OF 6
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-004
LEGAL DESCRIPTION)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
VIVANTE NEWPORT 442-261-05 PARCEL 1
CENTER, LLC 442-261-17 PARCEL 1
PARCEL 1:
PARCEL 2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 81, PAGES 8 AND 9 OF PARCEL MAPS TOGETHER WITH, PARCEL 2 OF
NEWPORT BEACH LOT LINE ADJUSTMENT NO. 95-3 RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO.
19950483821 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
CONTAINING A TOTAL AREA OF 126,600 SQUARE FEET OR 2.91 ACRES, MORE OR LESS.
ALSO SHOWN IN EXHIBIT "B", ATTACHED HEREWITH AND MADE A PART HEREOF.
NpL LAND
iPEL
FUR! SGS
04/11/ 19 0,
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No. 8899
j * EXP. 12-31-2019
OM
X HAEL& URL G, PLS 8899
TgIF of cAL F°\
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LICENSE EXPIRES: 12/31 9 SP8384
PA2019-164
EXHIBIT "B" SHEET 2 OF 6
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-004
MAP)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
VIVANTE NEWPORT 442-261-05 PARCEL 1
CENTER, LLC 442-261-17 PARCEL 1
N LEGEND:
LOT MERGER BOUNDARY
EXISTING LOT LINE TO BE REMOVED
1"=80'
0 40' 80' 160' P, M. 81 PC 8, 9PARCEL3 N 7g 22'13" W 276 00'
N 10°37' 47" E
92.30'
N 7922'13,,
164.30'
W _ RM. 81 PC 8,9
I PARCEL 2PARCEL2EXISTINGLOT1
C) ^
AD LOT L1NE LINE TO BE REMOVED o
N ST ENTM "'
o ^ g5_ ; PARCEL 1
N 72' 00'00" E- 1N
3 1126600± S.F. w
20.59'
2•(
GROSS)
1995046820z
1 p R
REC. 10/31/95 ' o
N 7°03'01 W
78. 00' A=17
N 82°56' 59" E R=638.50';
10.00' L=196.97'1
N 79-22'1'3" g 22'13 , U W 232. p0,
4=17°39'48" ---_
S R_600.00'-S 4N C MENTE82°58'00" W DRIVE7L-184.97' 2299.93' 13 W
PA2019-164
EXHIBIT "Bn SHEET 3 OF 6
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-004
EASMENT MAP)
OWNER
EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
VIVANTE NEWPORT 442-261-05 PARCEL 1
CENTER, LLC 442-261-17 PARCEL 1
N
LEGEND:
LOT MERGER BOUNDARY
EXISTING LOT LINE TO BE REMOVED
EXISTING EASEMENTS 11
1"=80'
II I -
II - 1
PARCEL 1 I
l l
11266001 S.F.
2.911 AC.
J , 7T - GROSS)
6
4 11 I
1-I_
g SAN C( fMENTE - DRIVE
PA2019-164
EXHIBIT 11131f SHEET 4OF6
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-004
EXISTING EASEMENTS)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
VIVANTE NEWPORT 442-261-05 PARCEL 1
CENTER, LLC 442-261- 17 PARCEL 1
EXISTING EASEMENTS:
3 AN EASEMENT FOR PERPETUAL AIR OR FLIGHT EASEMENT, SAID EASEMENT AND RIGHTS
BEING MORE PARTICULARITY DESCRIBED AND DEFINED IN A GRANTED TO THE ORANGE
COUNTY BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965, PAGE 721 OF OFFICIAL RECORDS
BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9)
O4 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, REORDERED MARCH 17,
1977 AS INSTRUMENT NO. 24207 IN BOOK 12108, PAGE 671 OF OFFICIAL RECORDS.
O5 AN EASEMENT FOR SEWER AND WATER PURPOSES AND INCIDENTAL PURPOSES, RECORDED
JULY 19,1977 AS INSTRUMENT NO. 28073 IN BOOK 12296, PAGE 1131 OF OFFICIAL RECORDS.
OAN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, REORDERED JUNE 19,1978
IN BOOK 12721, PAGE 1105 OF OFFICIAL RECORDS.
O7 THE TERMS, PROVISIONS AND EASEMENT(S) CONTAINED IN THE DOCUMENT ENTITLED
DECLARATION OF EASEMENTS" RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO.
19950484848 OF OFFICIAL RECORDS.(JOINT ACCESS EASEMENT PLOTTED AND DRAINAGE
EASEMENT BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9)
O8 EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM THE IRVINE
COMPANY RECORDED NOVEMBER 22, 1995 AS INSTRUMENT NO. 19950519960 OF OFFICIAL
RECORDS. REFERENCE BEING MADE TO THE DOCUMENT FOR FULL PARTICULARS.
BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2 OF PMB 81 PG 8 AND 9)
NpL LANG
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TPSL
04/11/19 ° 0``
DAE iLa
No. 8899
EXP. 12-31-2019
rglF
HAEL F RLON , PLS 8899 OF CALF
LICENSE EXPIRES: 12/31/ 9
PA2019-164
EXHIBIT "B" SHEET 5 OF 6
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-004
EXISTING EASEMENTS)
OWNER EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
VIVANTE NEWPORT 442-261-05 PARCEL 1
CENTER, LLC 442-261- 17 PARCEL 1
EXISTING EASEMENTS:
9 MATTERS IN A DOCUMENT ENTITLED "DECLARATION OF SPECIAL LAND USE RESTRICTIONS,
RIGHT OF FIRST REFUSAL, MORTGAGE LIEN AND OTHER REMEDIES", EXECUTED BY AND
BETWEEN THE IRVINE COMPANY, A MICHIGAN CORPORATION AND NEWPORT HARBOR ART
MUSEUM, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, RECORDED NOVEMBER
22, 1995 AS INSTRUMENT NO. 19950519961 OF OFFICIAL RECORDS, INCLUDING BUT NOT
LIMITED TO COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS
AND CHARGES.
THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AMENDED AND
RESTATED DECLARATION OF SPECIAL LAND USE RESTRICTIONS, RIGHT OF FIRST REFUSAL,
MORTGAGE LIEN AND OTHER REMEDIES" RECORDED MAY 09, 2018 AS INSTRUMENT NO.
2018000168646 OF OFFICIAL RECORDS. (BLANKET OVER PARCEL 2 OF LLA 95-3 AND PARCEL 2
OF PMB 81 PG 8 AND 9)
10 AN EASEMENT FOR SEWER PURPOSES AND INCIDENTAL PURPOSES, RECORDED JULY 28, 1999
AS INSTRUMENT MO. 19990550354 OF OFFICIAL RECORDS.
Nppl LANG
FUR
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04/11/19 0 c
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DATE a
No. 8899
EXP. 12-31-2019
OF CAL\F\
P
CHAEL, RL G, PLS 8899
LICENSE EXPIRES: 12/314RM9
PA2019-164
EXHIBIT licit SHEET 6 OF 6
CITY OF NEWPORT BEACH
LOT MERGER NO. LM 2018-004
SITE PLAN)
OWNER
EXISTING PARCEL PROPOSED PARCELS
AP NUMBER REFERENCE NUMBERS
VIVANTE NEWPORT 442-261-05 PARCEL 1
CENTER, LLC 442-261- 17 PARCEL 1
N
04/11/19 ;_----
A E
ICHAEL RL G, PL9
LICENSE GEXPIRES: 12/3t:;1'
99
p ,
NPL Lqp
C12 pEL FUR( SGp / ;' i f a `.
0 Z—
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a=
a-----r ,
No. 8899 =^
EXP. 12- 31-2019
qTf CF CALIF i'/ 79-2
N 10°37' E--
92.30'
164- 30'
w ;
N 72 q E of ^
6600± S. _ I
20.59' ------ 2.91± AC.
If ----
1---- 78.00'Q ® — 1I N 8Z5 ,6
17- 7815
L=196.97'
00 —_----- N 79, 2'13„ W 232.00'
4=17°39'48"_
60) ` _ S 8 DRIVE
r 689.79'_
PA2019-164
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-76, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of August, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14th day of August, 2019.
V1, k ,/ E., 71 1.i
Leilani I. Brown
City Clerk
Newport Beach, California
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,P~ 1 er --l to+
Zoning Compliance Application
PROPERTY OWNER(S)
Community Development Department
Planning Division
100 Civic Center Drive / P .0. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone/ (949)644-3229 Facsimile
www.newportbeachca.gov
,.
NAME
VIVANTE NEWPORT CENTER, LLC
ADDRESS CITY, STATE I ZIPCODE
1 MacArthur Place, Suite 300 Santa Ana, CA 92707
EMAIL PHONE NO. I FAX NO.
mbk@nexusd.com (714) 546-5600 x211
APPLICANT(S)/CONTACT(S)
NAME
Nexus Development Corporation -Central Division / Robert Eres
ADDRESS CITY, STATE
1 MacArthur Place, Suite 300 Santa Ana, CA
EMAIL PHONE NO.
rwe@nexusd.com (714) 546-5600 x220
I FAX NO.
SITE/PROJECT
ADDRESS
850 & 856 San Clemente Drive, New ort Beach, CA 92660
INFORMATION REQUEST
Please Check the box(es) next to the requested information
~ Current zoning/General Plan designation of the property
181 Overlay district
□ Abutting Zoning/General Plan designation
l&I Discretionary Approvals
□ Legal nonconforming uses or structures
□ Developed with Site Plan approval
ASSESSOR'S PARCEL NO.
442-261-05 & 442-261-17
I ZIP CODE
92707
□ Other (attach additional sheet(s)) if necessary: ______________ _
DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY
Date Receive~} J-°l /) ']
Fee Paid: $~..Z~ -
Form of Payment: I Check No.
Receipt No.
Pia~ f I Ext. Remarks:
;::>... •
Target Date:
Date Completed
Date Mailed:
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Zoning Compliance\lnfo&App.docx
Updated 3/11 /13
PA2019-164