HomeMy WebLinkAbout20201105_PC_Staff ReportCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
November 5, 2020
Agenda Item No. 3
SUBJECT: Residences at 4400 Von Karman (PA2020-061)
▪Planned Community Development Plan
Amendment No. PD2020-001
▪Major Site Development Review No. SD2020-006
▪Lot Line Adjustment No. LA2020-002
▪Affordable Housing Implementation Plan No. AH2020-003
▪Traffic Study No. TS2020-001
▪Development Agreement No. DA2020-002
▪Addendum No. 4 to the 2006 General Plan Update PEIR
SITE LOCATION: 4400 Von Karman Avenue
APPLICANT: TPG (KCN) Acquisition, LLC.
OWNER: SLF-KC Towers, LLC
PLANNER: Rosalinh Ung, Principal Planner
949-644-3208 or rung@newportbeachca.gov
PROJECT SUMMARY
The Residences at 4400 Von Karman Project includes 312 apartment units atop a 825-
space parking structure, a separate 284-space, free-standing parking structure, an
approximately one-acre public park, and reconfiguration of existing surface parking lots
serving existing office buildings. The project would be within the Koll Center Newport
Professional and Business Office Site B, generally located between Von Karman Avenue
and Birch Street in the vicinity of John Wayne Airport.
Implementation of the proposed project would require the demolition of existing surface
parking and landscape areas within the approximately 13-acre project site. All project
residential parking would be provided onsite and within the parking garage under the
residential structure. Office parking removed to accommodate the project would be
provided within the free-standing parking structure, the garage structure under the
residential structure, and the nearby reconfigured surface parking areas. Pedestrian
walkways and enhanced landscaping would be provided to connect the proposed project
with the existing office park and the abutting Uptown Newport mixed-use project presently
under construction.
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RECOMMENDATION
1)Conduct a public hearing;
2)Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program
Environmental Impact Report for the 2006 General Plan Update (SCH No.
2006011119), and the City of Newport Beach Housing Element Initial Study/Negative
Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of
the California Environmental Quality Act (CEQA) Guidelines, an addendum to the
previously adopted PEIR is the appropriate environmental documentation for the
project; and
3)Adopt Resolution No. PC2020-040 (Attachment No. PC 1) recommending the City
Council adoption of Environmental Impact Report Addendum No. ER2020-003, and
approval of Planned Community Development Plan Amendment No. PD2020-001,
Major Site Development Review No. PD2020-001, Lot Line Adjustment No. LA2020-
002, Affordable Housing Implementation Plan No. AH2020-003, Traffic Study No.
TS2020-001, Development Agreement No. DA2020-002 for Residences at 4400 Von
Karman Project located at 4400 Von Karman Avenue (PA2020-061).
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VICINITY MAP
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GENERAL PLAN FIGURE LU22
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GENERAL PLAN FIGURE LU23
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Zoning
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE MU-H2 (Mixed-Use
Horizontal 2)
Professional and Business
Office Site B of PC 15 (Koll
Center Newport PC)
Surface parking &
landscape areas of Koll
Center Newport
NORTH MU-H2/CG (General
Commercial) PC-15 Office & hotel
developments
SOUTH MU-H2 PC-15 & PC-58 (Uptown
Newport)
Office & mixed-use
developments
EAST MU-H2 PC15 & PC-58 Office & commercial
developments
WEST MU-H2 PC 15 Office developments
INTRODUCTION
Project Setting
The subject property is located within a portion of Professional and Business Office Site
B (Office Site B) of the Koll Center Newport Business Park, and approximately 13 acres
in size. It is an irregularly shaped property generally bordered by Birch Street to the
northeast, Von Karman Avenue to the west, and existing office uses and associated
surface parking lots and parking structures to the east and south. The two-story office
building located at 4490 Von Karman Avenue, the four-story office building located 4910
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Birch Street and the three-story 4440 Von Karman Avenue office building, located within
the project boundaries, are not a part of the project. The project site wraps around, and
does not include, an existing 11-story office building at 5000 Birch Street.
The subject property is currently improved with common surface parking lots and
landscape areas that serve existing office uses within Koll Center Newport. Existing
parking areas are controlled. Northwest of the site are a mix of office use and hotels.
Northeast of the site is a mix of office, commercial and food uses, and the Harbor Justice
Center. East of the site is the Uptown Newport Planned Community that includes
industrial use, residential use and parks. It is anticipated that the industrial use within the
Uptown Newport Planned Community will be replaced by residential use in the next ten
years. South of the site are office uses. West of the site are office uses and the Pacific
Club.
Background (Previous Application)
In January 2019, the Planning Commission conducted a study session to review the
proposed development of a 260-unit condominium project with 3,000 square feet of retail
use, a 1.17-acre neighborhood public park, and a 492-space free-standing parking
structure at the essentially same location as the subject site. This project was put on hold
then subsequently withdrawn by the applicant, Shopoff Group.
Project Description
The applicant, TPG (KCN) Acquisition, LLC (The Picerne Group), proposes to demolish
the existing surface parking and landscaping within the project site and construct 312
apartment units atop a 825-space parking structure, an approximately one-acre public
park, and a 284-space free-standing parking structure. The base density allotted to this
site by the General Plan is 260 units and the applicant requests a 20 percent increase in
density pursuant to Newport Beach Municipal Code (NBMC) Chapter 20.32 (Density
Bonus and Government Code Section 65915). The reconfiguration of existing surface
parking lots within the project area is also proposed.
The applicant’s project description is provided as Attachment PC 2.
The application consists of the following components:
• Planned Community Development Plan Amendment No. PD2020-001: An
amendment to Planned Community Development Plan #15 (Koll Center Newport
Planned Community) for the creation of a residential overlay zone to allow
residential use and a public park in Professional and Business Office Site B.
• Major Site Development Review No. SD2020-006: A site development review in
accordance with the amended Koll Center Newport Planned Community and
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Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal
Code (NBMC) for the construction of the project.
• Traffic Study No. TS2020-001: A traffic study pursuant to NBMC Chapter 15.40
(Traffic Phasing Ordinance).
• Lot Line Adjustment No. LA2020-002: To adjust the lot lines of two underlying
parcels that comprise of the project site in order to facilitate the proposed project
pursuant to NBMC Chapter 19.76 (Lot Line Adjustments).
• Affordable Housing Implementation Plan No. AH2020-003: A program specifying
how the proposed project would meet the City’s affordable housing requirements,
in exchange for a request of 20 percent increase in density. The applicant seeks
one development concession related to the mix of affordable unit types.
• Development Agreement No. DA2020-002: An agreement between the applicant
and the City, which would provide vested right to develop the proposed project,
while also providing negotiated public benefits; and
• Addendum to the 2006 General Plan Update Program Environmental Impact
Report No. ER2020-003 and the City of Newport Beach Housing Element Initial
Study/Negative Declaration: Pursuant to the California Environmental Quality Act
(CEQA), the addendum will address reasonably foreseeable environmental
impacts resulting from the proposed development.
Project Components:
Residential Development
The proposed rectangular-shaped, multiple-unit residential building is designed as a
“podium style” structure that consists of four stories over one level of on-grade parking
and two levels of below grade parking. The base building height would be 65 feet, with
architectural elements, parapet, rooftop mechanical equipment, elevator shafts,
emergency staircase to reach an overall building height of 71 feet.
The 312 rental units include 55 studio units, 149 one-bedroom units, and 108 two-
bedroom units. The studios would range in size from 515 square feet to 628 square feet.
The one-bedroom units would range from 665 square feet to 1,025 square feet. The two-
bedroom units would range from 1,000 square feet to 1,413 square feet.
Of the 312 rental units, five percent or 13 units will be affordable and restricted to very
low-income households and the remaining 299 units will be market-rate rentals. The
proposed unit mix for the affordable units is 3 studio units, 9 one-bedroom units, and 1
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two-bedroom unit. The affordable units will consist of the same size and amenities as the
market-rate units, and will be distributed throughout the project.
The proposed residential building is designed with a contemporary architectural style, yet
intended to be reflective of the surrounding office setting, according to the applicant. The
building’s corners are the featured project massing and will be clad in warm colored stone
veneer. Internal accents of cementitious siding in dark grays and blues to provide
articulation to the main building façade and accented with the cool colors of exterior
plaster base. At the upper level balconies and amenity entrances, awnings are used to
provide articulation and visual interest to the façades. Lastly, the main vehicular
entrances utilize stone veneer wayfinding elements to identify project entry points.
Vehicular Access
There are five driveways that currently provide vehicular access to the project site.
(Please see Construction Phasing below for the driveway locations). Three existing
driveways are located on Birch Street; and two driveways are located on Von Karman
Avenue. These existing driveways will be maintained and will continue to provide access
to existing uses within Office Site B, including the proposed development. The
southernmost driveway on Von Karman will be opened to the public creating an internal
street to access the proposed project. The new internal street will continue to access
Birch Street at two driveways. The existing and modified surface parking lots will remain
controlled and will be accessed by existing driveways and from the internal street.
Residential and Office Parking Garage
The new residential and office parking garage in and below the proposed residential
building has a total of 835 parking spaces. It will contain a total of 825 parking spaces for
residential and office uses, and 10 parallel guest parking spaces located along the internal
street. A total of 559 parking spaces will be provided for residents and their guests. In
addition to residential parking, the gated parking structure contains 276 spaces for office
users. All residential parking will be provided on Basement levels 1 and 2, with guest
parking located on Level 1 and along the front of building. Office parking will be provided
on Level 1 (Podium) and Basement level 1.
Vehicular access into the residential parking garage for office tenants will be provided at
the main entrance’s driveway, off of the internal street, and the back-building’s entry
driveway, near Birch Street. Vehicular access for residents and their guests will be
provided at the main and side entrances’ driveways, off of the “internal” street.
Freestanding Parking Garage and Surface Parking Lots
A 284-space free-standing parking structure is proposed to be located at the southeast
corner of the project site, southeast of the 5000 Birch Street parking structure. The office-
only parking structure is approximately 40 feet in height and has four parking levels,
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inclusive of the roof deck parking level. Vehicular access to this parking structure would
be available on the west side of the structure, from Driveways 2, 3, and 5. The structure
replaces surface parking removed due to the construction of the residential building and
the parking structure itself.
Project Amenities
The proposed project includes a variety of private on-site recreational and amenities for
future residents and their guests including:
• A bike shop/storage on Level 1-Ground Floor with access to exterior common open
space and the public park;
• Dog wash room on Level 1-Ground Floor with direct exterior access to common
open spaces and the public park;
• Pool/spa courtyard, garden courtyard, a clubroom and a fitness center on Level 2-
Podium Floor
• A roof terrace with outdoor kitchen and dining areas, a game lawn, and fireside
lounge area on Level 5; and
• Juliette and private Balconies on Levels 1-5 (not all units will have balconies)
In addition to the private amenities above, the residents and their guests also have access
to all open spaces, walking paths and the one-acre public park.
Public Park and Open Spaces
The proposed project includes an approximately one-acre park to be located between the
new residential structure and adjacent office buildings. The proposed park will be
improved and maintained by the applicant, dedicated to the City, and accessible to the
residents and public. The park would be programmed with a mix of active and passive
uses which may include a dog park, multi-purpose lawn for recreation, bocce court and
shade pavilion, lounge areas with seating, and outdoor tables for group gatherings. New
landscaping with a variety of groundcover, trees, shrubs, and succulents will be provided
throughout the project site. Additionally, a walking trail connecting the residential building
to the neighboring buildings and the park will be provided.
Pedestrian Connections
The applicant proposes three pedestrian connections to the Uptown Newport Planned
Community project located to the east of the project site. They are shown as Connections
1, 2 and 3 below. These connections will be located within the existing Office Site B
parking lots and will include pedestrian walkways with landscaping, pavers, and could
accommodate seating.
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Pedestrian Connectivity to Uptown Newport Planned Community
Construction Phasing and Parking Displacement
The demolition and construction activities for the proposed project will be done in three
phases, over an approximate 32-month period, and is summarized below. It is anticipated
that the construction is to commence in the third quarter of 2021 and to conclude in the
first quarter of 2024. The applicant has submitted a draft construction management plan,
subject to staff approval prior to the issuance of a building permit and is included as
Attachment No. PC 5.
1
2
3
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Phase 1: Freestanding Parking Structure
Phase 1 includes the demolition of approximately 106 surface parking spaces and
landscaping from the existing 1,643 surface parking spaces within the 13-acre project
area; and the construction of the 284-space parking structure at the southeast corner of
the project site. The proposed freestanding parking structure would replace surface
parking temporarily and permanently displaced by the construction of the proposed
residential building. Construction activities are anticipated to occur over an approximate
6-month timeframe. At the completion of Phase 1, there would be 1,821 parking spaces
available for office tenants.
Phase 2A: Residential Structure and Its Parking Garage
Phase 2A includes the demolition of approximately 443 surface parking spaces to allow
for the construction of the residential building and its 835-space parking garage.
Construction activities are anticipated to occur over an approximate 24-month timeframe.
At the completion of Phase 2A, there would be 1,654 parking spaces inclusive of existing
surface parking and replacement parking for office tenants (a net increase of 11 spaces
from 1,643), and new 559 parking spaces for residents and their guests.
During the construction of the new parking structure (Phase 1) and the construction of the
residential structure (Phase 2A), parking shuttles would be provided for the office tenants.
Phase 2B: Surface Parking Reconfiguration
Phase 2B includes the demolition and replacement of 75 surface parking spaces to allow
for the reconfiguration of on-site surface parking and access. Phase 2B construction
activities would run concurrent with Phase 2A and are anticipated to occur over an
approximate 3-month timeframe. At the completion of Phase 2B, there would be 1,654
parking spaces for office tenants, a net increase of 11 spaces.
Below is a construction phasing diagram and a summary of the parking supply by project
phase, provided by the applicant.
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Construction Phasing Diagram
Parking Supply by Project Phase
Phase
Starting Supply Parking Loss/Gain Ending Parking Supply
Existing
Office
Proposed
Residences
Existing
Office
Proposed
Residences
Existing
Office
Proposed
Residences
Existing 1,643 1,643
Phase 1- During
Construction
1,643 (106) 1,537
Phase 1 – At
Completion
1,537 284 1,821
Phase 2A –
During
Construction
1,821 (443) 1,378
Phase 2A – At
Completion
1,378 276 559 1,645 559
Phase 2B –
During
Construction
1,645 559 (75) 1,579 559
Phase 2B – At
Completion
1,579 559 (75) 1,654 559
Net Change 11
Phase 2A
Phase 1
Phase 2B
Driveway 1 Driveway 2 Driveway 3
Driveway 4
Driveway 5
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DISCUSSION
Analysis
Airport Business Area General Plan Policies
The subject property is located in the Airport Business Area and has a General Plan Land
Use Element designation of Mixed-Use Horizontal 2 (MU-H2), which provides for a
horizontal intermixing of uses that may include regional commercial office, multifamily
residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary
neighborhood commercial uses. The MU-H2 designation applies to a majority of
properties in the Airport Business Area outside the high noise levels from John Wayne
Airport. The MU-H2 allows a maximum of 2,200 residential units as replacement of
existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre.
Any eligible density bonus allowed by Government Code Section 65915 (State density
bonus law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200
allowance or the 50 dwelling units per acre standard.
Of 2,200 units, a total of 550 units are identified as additive units meaning they are not
replacement units that would replace existing development. These 550 units may be
constructed as “infill” on existing surface parking lots or areas not used as occupiable
buildings on properties within the Conceptual Development Plan Area (CDPA) located
east of MacArthur Boulevard, as depicted on Figure LU22 Airport Business Area of the
Land Use Element. The CDPA has strong potential for the introduction of new residential
development and is further identified in Figure LU23 Airport Business Area Residential
Village Illustrative Concept Diagram. Figures LU22 and LU23 are shown on Pages 4 and
5 of the staff report.
Residential units approved, proposed and remaining within the MU-H2 designation of the
Airport Business Area are listed in the table below.
Airport Business Area Residential Units
Residential Development Allocation
Base Units
Density
Bonus
Units
Project
Totals
with
Density
Bonus
Replacement
Units
Additive
Units
Total
Units
General Plan Development Limit (MU-
H2)
1,650 550 2,200
Approved Projects
Uptown Newport 632 290 922 322 1,244
Newport Crossings 259 0 259 91 350
Newport Airport Village 329 0 329 115 444
Projects Under Review
Residences at 4400 Von Karman 260 260 52 312
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Remaining Development
Allocation
430 0 430
The General Plan contains a number of policies that provide for the orderly development
of the MU-H2 properties in the Airport Business Area, from a business park, to a mixed-
use district with residential uses integrated within the existing fabric of office, industrial,
retail, and airport-related businesses. Residential opportunities are to be developed as
clusters of residential villages centering on neighborhood parks and interconnected by
pedestrian walkways. These would contain a mix of housing types and buildings that
integrate with ground level retail and residential uses at a sufficient scale to achieve a
complete neighborhood.
The draft Planning Commission resolution (Attachment No. PC 1) includes an analysis of
relevant Airport Area policies. Furthermore, the EIR Addendum includes a comprehensive
analysis of all relevant General Plan policies. The project, as proposed, is consistent with
all relevant General Plan policies.
Integrated Conceptual Development Plan Consistency
Prior to any residential development within the Airport Business Area, the General Plan
Land Use Policy LU 6.15.11 requires the preparation of an Integrated Conceptual
Development Plan (ICDP) to:
“Demonstrate the compatible and cohesive integration of new housing, parking
structures, open spaces, recreational amenities, pedestrian and vehicular linkages, and
other improvements with existing non-residential structures and uses.”
In September of 2010, the City approved the Koll-Conexant ICDP to provide a framework
for the redevelopment of the 25-acre Uptown Newport site (formally known as Conexant),
and for the redevelopment of a 12.7-acre portion of the Koll Center Newport office park
between Birch Street and Von Karman Avenue.
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The purpose of the ICDP was to allocate the additive units provided by the General Plan
to properties within the ICDP and to satisfy the planning requirements of the General Plan
itself. The ICDP is also aimed at fulfilling the policies of the General Plan, ensuring
cohesive and livable neighborhoods oriented to parks and pedestrian ways.
The ICDP provides a conceptual plan and allocates 1,504 new residential units as follows.
Airport Business Area ICDP Residential Dwelling Unit Allocation
Project Additive Replacement
Density
Bonus Total
Conexant (Uptown
Newport) 290 632 322 1,244
Koll Center
Residences 260 0 0 260
Total Unit 550 632 322 1,504
At the time the ICDP was approved, the Uptown Newport included density bonus units
and the Koll Center Residences did not. The approval of the ICDP does not preclude the
inclusion of additional density pursuant to density bonus laws. The ICDP establishes the
direction for each of the property owners to separately prepare and submit their own
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regulatory plan for their holdings as a basis for environmental review, public hearings and
City action. The ICDP is a conceptual plan and its approval by the City did not convey
any rights to develop.
The approval of the ICDP was a pre-requisite for the preparation of the regulatory
documents, pursuant to General Plan Policy LU 6.15.11. Regulatory Plans must be in
substantial compliance with the intent of the ICDP, particularly in terms of the number of
additive residential units and the connectivity between the subject property and Uptown
Newport.
On February 26, 2013, the City Council approved a regulatory plan for the Uptown
Newport project, which consists of a mixed-use planned community of up to 1,244
residential units; 11,500 square feet of neighborhood-serving retail space; and two, one-
acre public parks (one for each phase of the overall project). The first phase of this
development is underway.
The subject application consists of the remaining 260 additive units allocated essentially
at the same location as identified in the ICDP. The project has a net developable
residential area of 5.9 acres, which includes the project site of 4.51 acres and the free-
standing parking area of 1.39 acres. The net density of the project is 44 units per acre
consistent with allowable density range of 30 to 50 units per net acre provided by Policies
LU 6.15.7 and LU 6.15.8. The net density does not include the 20-percent density
increase (52 units) that is allowed by the State Bonus Density law and the Newport Beach
Municipal Code in exchange for the 5-percent or 13 units set aside for affordable housing.
Altogether, the project has an overall density of 53 units per net acre.
The proposed project includes an approximately one-acre public park between the
proposed residential building and two existing office buildings. The park would be
dedicated to the City and it would be accessible from existing public sidewalks from both
Von Karman Avenue and Birch Street. Additionally, the park would be directly accessible
by residents of the project and employees of Koll Center Newport by walkways. The
proposed site plan meets the intent of the ICDP and is consistent with the illustrative
development program identified for the Koll site in the ICDP, which is in the same area of
the subject property. The project meets the 10-acre site requirement by having an overall
site area of approximately 13 acres to create a mixed-use residential village. The
proposed project is located at the existing land areas that are currently used for surface
parking and replace the removed spaces within the newly construction parking structure
and reconfigured parking lot. The project includes several surface parking lot parcels
which are to be transformed into residential development parcels along with the creation
of a new one-acre park to be intermixed with the existing office park. The project also
includes modification of surface parking areas to create a better balance of buildings and
open spaces, link existing and future open spaces amenities, and creates a network of
pedestrian walkways. An appropriate residential environment is created with new open
spaces and landscaping, the one-acre public park and walkways, and private amenities
for future residents.
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Koll Center Newport Planned Community Development Plan Amendment
The subject property is currently zoned Planned Community and subject to PC-15. The
site is designated as Office Site B, which allows office and commercial uses; and
residential use is currently not permitted. In order to accommodate the proposed
development, the applicant is requesting an amendment to PC-15 to allow residential and
its related uses. Specifically, an overlay zone would be created to allow 312 residential
units and a one-acre public park. The proposed overlay zone is tailored to the
development in question and includes specific use and development standards. Also,
future opportunities for residential supportive retail uses within Professional and Business
Office Site B are included. The proposed free-standing parking structure is not located
within the proposed residential overlay zone as it is a replacement parking that belongs
to the common parking pool for office uses and tenants.
Part VI of PC-15 is a new section for the proposed overlay zone which includes the
project’s development regulations, site acreage and project density. The building height,
setbacks, and parking are also included along with the general provisions for on-site
circulation, loading, landscaping, signage, lighting, recreation and open space, and
notification of future residents. Part VII of PC-15 is also new and covers the one-acre
public park and it contains criteria for site acreage as well as park operation and
amenities. It also empowers the City’s Parks, Beaches and Recreation Commission to
review and make a recommendation concerning proposed park improvements.
With the precise location and tailored regulations identified in the proposed overlay zone,
staff believes the proposed development can be effectively implemented consistent with
the ICDP and applicable General Plan policies. The regulations will also provide effective
and ongoing land use regulations after the project is constructed. The amendment
proposed is the regulatory plan as required by Policy LU 6.15.10 of the General Plan.
Site Development Review
Pursuant to Section 20.52.080 (Site Development Review), a Site Development Review
is required for multiple-residential projects to ensure a quality project with respect to
consistency with the General Plan policies, the physical characteristics of the site, and
minimizing potential negative visual impacts.
In accordance with Section 20.52.080(F), the Planning Commission may approve or
conditionally approve a site development review application, only after first finding that
the proposed development is:
1. Allowed within the subject zoning district;
2. In compliance with all of the applicable criteria identified in 20.52.080(C)(2)(c)
below:
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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;
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 right(s)-of-way and compliance
with Section 20.30.100 (Public View Protection).
3.Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the
neighborhood of the proposed development.
As discussed above, the proposed project is consistent with the General Plan and ICDP
as it would integrate a mix of residential with future opportunities for supportive retail uses,
a public park, and recreation amenities into the existing Koll Center Newport business
park as anticipated by the approved ICDP and General Plan. The applicant has requested
one concession or incentive related to the mix of affordable unit types which is described
in more detail in the Affordable Housing Implementation Plan section of this report. The
applicant contends the incentive is necessary to make the project financially feasible. The
City must approve the requested incentive pursuant to State Bonus Density law and the
Zoning Code in the absence of contrary evidence.
The housing included in the proposed project will help the city meet its housing production
targets under the city’s existing Regional Housing Needs Assessment (RHNA) target, and
under the proposed Sixth Cycle RHNA target which includes both past unmet and future
forecasted housing targets. The project is also consistent with the current Sustainable
Communities Strategy (Connect SoCal) adopted by the Southern California Association
of Governments in September 2020, which prioritizes adding housing to coastal job
centers as well as higher density, mixed-income housing located nearer jobs. Connect
SoCal is based on the Fifth Cycle RHNA targets, does not prescribe either housing
densities or housing locations, but does meet the greenhouse gas reduction target
assigned to the region by the state.
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Building Placement & Compatibility
The proposed site plan shows the location and configuration of residential development,
private driveways, pedestrian ways, and locations of park and open space. The site plan
also identifies pedestrian connectivity between the Koll Center Newport Office Site B and
Uptown Newport Planned Community, vehicular and pedestrian access to Birch Street
and Von Karman Avenue.
The proposed 5-story residential building would be no more than 75 feet in height
including architectural elements, rooftop mechanical equipment, elevator shafts, and
emergency staircase. The project’s building mass is comparable and compatible to the
existing surrounding office developments, where these buildings vary in height, ranging
from single-story to ten-story, or up to 154 feet in height.
The residential building is strategically placed along the existing internal driveway so it
would reduce the impact to the surrounding office buildings and parking areas and provide
pedestrian connections between these buildings. The massing breaks will add visual
interest and reduce long obstructive building facades.
The contemporary architectural style of the residential building would be compatible with
the surrounding office buildings within the Koll Center Newport and the surrounding area
as it generally exhibits modern and contemporary architectural styles.
The proposed parking structure is designed to be compatible with the adjacent parking
structure and office buildings. The location is not visible from public streets Conditions of
approval will be in place to address potential lighting glare and noise generating from the
structure. The lighting for upper (roof) level will be limited to parking lot light standards not
in excess of 25 feet above the driving surface.
Project Amenities and Park
The proposed project includes a variety of quality-of-life provisions and enhanced
amenities. On-site recreation amenities including exterior balconies for most of the units,
pool and garden courtyards, a roof deck, a clubroom, a fitness center, a dog washing
room, and a bike storage. The one-acre public park will be improved and maintained by
the applicant. Additionally, open spaces and their connecting walkways will be provided
throughout the project site to further enhance the existing business complex for benefit of
public and office tenants. Lastly, three pedestrian connections will be provided to connect
the project to Phase 2 of the Uptown Newport project. Staff believes the number and type
of amenities provided for the proposed development, based on its size, type, and location
are adequate to create a suitable urban living environment integrated to the existing office
park.
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Parking
Parking requirements are prescribed in Section 20.40.040 (Off-Street Parking Spaces
Required) of the Newport Beach Municipal Code (NBMC). As the proposed development
includes a density bonus provision, the parking requirements for the residential
component of the project is prescribed in NBMC Section 20.32.040 (Parking
Requirements in Density Bonus Projects). As stipulated in this code section, the project
would be required to provide a minimum of one parking space for each studio and one-
bedroom apartment unit, and two parking spaces for the two- and three-bedroom units.
The minimum required parking for the residential component would be 420 spaces. The
proposed project has been designed to include 559 parking spaces on-site, which
exceeds the required parking by 139 parking spaces.
LSA, Inc. prepared a parking demand study dated August 14, 2020 (Attachment PC 3).
The purpose of the study is to evaluate the parking supply and availability of parking
spaces during the construction of the project.
The parking demand study consists of a 5-day parking survey at nine surface parking
areas and one parking structure within the project site. The actual counts were taken pre-
Covid-19. These parking surface areas including parking structure are available for office
tenants and no parking reservation is present, and there is a total of 1,643 spaces. At the
peak demand, none of these parking areas were utilized 100 percent, and parking
utilization for the all parking areas is approximately 50 percent or 855 spaces. The surveys
also documented that office occupancies were in the range from 100 percent to 70
percent across the entire seven-building area.
The study concluded that based on the allocation of parking by phase, the demolition of
parking spaces, and the provision of parking supply during the third phase construction
(Phase 2B), as well as the observed parking accumulation over a typical week, adequate
parking is forecast during the construction period and after equilibration of the new
residential use. It also concluded that the provision of any additional transportation
demand or parking management strategies such as valet parking or shuttles is not
warranted. LSA, however, recommends wayfinding signage to assist patrons to the
available parking locations. Lastly, pedestrian access plans should be developed that
demonstrate safe and walkable pedestrian facilities during the construction phases of
development. Even though not recommended by the study, parking shuttles would be
provided for the office tenants during the construction of residential structure (Phase 2A).
As summarized above, staff believes the findings to approve the proposed site
development review application can be made and they are set forth in the draft resolution
for approval (Attachment PC-1.
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Lot Line Adjustment (LLA)
The purpose of the proposed lot line adjustment is to adjust the lot lines of two underlying
parcels that comprise the subject parcel (Parcel 1) and common parking and landscape
areas of Office Site B (Parcel 2) in order to facilitate the proposed residential project.
Specifically, Parcel 1 would be adjusted to better align with the existing internal driveway
and remove non-associated office parking areas from the project footprints. The
adjustment would reduce the lot that would accommodate the proposed park and
residential development from 6.22 acres to 4.51 acres.
Section 19.76.020 of the Municipal Code establishes findings that must be made in order
to approve a lot line adjustment. The lot meets the minimum lot size and maintains the
frontage on two public streets. The findings and facts in support of the required finds for
the propose LLA are provided in the draft resolution of approval Attachment PC 1.
Traffic Phasing Ordinance
Chapter 15.40 (Traffic Phasing Ordinance, or TPO) of the Municipal Code requires a
traffic study to be prepared prior to issuance of building permits if a proposed project
generates in excess of 300 new average daily trips (ADT).
Kimley-Horn and Associates, Inc. has prepared a traffic study dated October 2020
(Exhibit E of Attachment PC 1), under the supervision of the City Traffic Engineer,
pursuant to the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The
focus of a TPO traffic study is the conditions one year after project occupancy, or five
years after project approval for larger projects not expected to be complete within five
years. Baseline traffic conditions for a TPO traffic study include previously approved
projects in the City. The entire project is anticipated to be complete within a 32-month
period.
The traffic study includes evaluation of the morning and evening peak hour of operations
at 25 existing intersections that are in the City and the adjoining City of Irvine. The project
is expected to generate an additional 1,697 daily trips, 112 during the AM peak hour and
138 during the PM peak hour. When these trips distributed to these studied intersections,
the analysis concludes that there is no significant impact as the project will neither cause
nor make worse an unsatisfactory level of service at any impacted primary intersection,
and all intersections are forecasted to continue to operate at acceptable Levels of Service.
Furthermore, the TPO requires findings that, based on the weight of the evidence in the
administrative record, including the traffic study, the proposed project complies with the
TPO. Findings related to the preparation of the traffic study are provided in the draft
resolution for project approval (Attachment PC-1).
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Affordable Housing Implementation Plan
The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP),
dated October 2020 (Exhibit D of Attachment PC 1) to illustrate compliance with the
affordable housing requirements of the density bonus allowances pursuant Government
Code Section 65915-65918 (Density Bonus Law) and NBMC Chapter 20.32 (Density
Bonus Code).
As authorized pursuant to Government Code Section 65915-65918 (Density Bonus Law)
and NBMC Chapter 20.32 (Density Bonus Code), with the proposed five percent
allocation for very low-income households, the project is entitled to a density bonus of 20
percent (52 units) above the maximum number of units allowed by the General Plan.
In addition to the 52 density bonus units and pursuant to Government Code Section
65915(d)(1), the Project is eligible to receive one mandatory incentive or concession that
would result in identifiable, financially sufficient, and actual cost reductions. The proposed
project includes a request for one development concession for the unit mix.
Pursuant to NBMC Section 20.32.070, affordable units shall reflect the range of the
number of bedrooms provided in the residential development project as a whole. As
illustrated in table below, the project would provide a unit mix that includes a greater
percentage of studio and one-bedroom units than the entire project. Granting this
incentive will result in identifiable, financially sufficient, and actual project cost reductions
by reducing the long-term rental subsidy costs associated with the two-bedroom units and
affording additional rental income for the project to ensure financial feasibility.
Unit Type Total Units Percent of Total
Units
Total
Affordable
Units
Percent of Total
Affordable Units
Studio 55 17.6% 3 23.1%
1 Bedroom 149 47.8% 9 69.2%
2 Bedroom 108 34.6% 1 7.7%
Total 312 100% 13 100%
Development Agreement
General Plan Land Use Policy LU6.15.12, the ICDP, and NBMC Chapter 15.45 require a
development agreement for all projects that include infill residential units in the Airport
Business Area and the proposed project meets this criterion. LU6.15.12 provides, “The
Development Agreement shall define the improvements and public benefits to be
provided by the developer in exchange for the City’s commitment for the number, density
and location of the housing units.”
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In this case, the applicant would have a vested right to develop 312 dwelling units (260
base units and 52 density bonus units). The vested right to develop is for 10 years, with
options no options to extend.
In consideration of the vested development right, the applicant will pay a $7,500,000
public benefit fee. Of this amount, $6,500,000 will be paid within 5 days of the effective
date of the agreement. The remaining $1,000,000 will be paid at the time the building
permit is issued for the residential portion of the project. The City will retain full discretion
to use $6,000,000 of the fee. In light of the City’s commitment to address housing issues,
the City agrees to use the remaining $1,500,000.00 as follows: (i) $500,000.00 for the
operation of a homeless shelter or permanent supportive housing; and (ii) $1,000,000.00
to be placed in a separate affordable housing fund and used for the development of other
affordable housing projects in the City.
In addition to the public benefit fee, the applicant will pay $500,000 public safety fee to be
used, at City’s discretion, to fund the cost of staffing, services and equipment as
necessary for fire related public safety purposes. The fee shall be paid at the time the
first building permit is issued for the project.
The proposed development agreement (Exhibit F of Attachment No. PC 1) include all the
mandatory elements for consideration and public benefits that are appropriate to support
conveying the vested development rights consistent with the General Plan, the ICDP, and
NBMC Chapter 15.45, and Government Code Section 65864 et seq.
Airport Land Use Commission Consistency Determination
California Public Utilities Code Section 21676(b) and John Wayne Airport Environs Land
Use Plan (AELUP) Section 4.11 require the City to refer the proposed project to the Airport
Land Use Commission (ALUC) for consistency determination with the AELUP due to the
proposed zoning amendment (planned community development amendment). ALUC is
expected to consider the project’s consistency determination between the Planning
Commission and City Council consideration of the project. The necessary application to
the ALUC will be submitted prior to November 1, 2020, for possible consideration at the
November ALUC meeting after the Planning Commission meeting.
If ALUC finds the project consistent with the AELUP, no special action would be required
of the City Council should they choose to approve the project. Should ALUC find the
project inconsistent with AELUP, the City Council could choose to overrule the ALUC’s
decision by following the procedure established in Public Utilities Code Sections 21676
and 2176.5 if they choose to approve the project. The two-step procedure requires the
City Council to conduct two separate noticed public meetings. At the first meeting, the
City Council would consider whether to provide ALUC and State Division of Aeronautics
a copy of its proposed override decision and findings. After a 45-day notice period, the
purpose of the City Council’s second meeting is to adopt specific findings that the
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overruling is consistent with the purposes stated in Public Utilities Code Section 21670.
Overruling the ALUC requires a two-thirds majority of the City Council.
Staff believes the proposed project is consistent with the requirements and standards in
the AELUP. The project site is located outside of the 65 dBA CNEL noise contour line
established by the AELUP, and its land use would be consistent with the General Plan.
The project site is located within JWA Safety Zone 6 which allows residential uses. The
draft Koll Center Planned Community amendment includes the requirement for the interior
of units to be sound attenuated and residents and park visitors will be notified of operating
aircraft. Additionally, the Applicant has submitted a Determination of No Hazard to Air
Navigation to the Federal Aviation Administration (FAA) for 75 feet above ground level
(AGL), which is the proposed height maximum limit for the project. The approval is
pending.
Environmental Review
On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying
the adequacy and completeness of the Environmental Impact Report (“EIR”) for the
General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in compliance
with the CEQA 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. Additionally,
in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR
as a Program Environmental Impact Report (“PEIR”). This PEIR analyzed the potential
impacts of a citywide land use plan, and the goals and policies of 10 general plan
elements.
Additionally, on November 22, 2011, the City Council adopted General Plan Amendment
No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update
(2008-2014) and its associated Housing Element Initial Study/Negative Declaration.
Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent
EIR is required unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR due
to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
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3. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
On the basis of the entire environmental review record, the project will not result in any
new significant impacts that were not previously analyzed in the PEIR for the General
Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative
Declaration. All potential impacts associated with this Project would either be the same
or less than those described in either the PEIR that have been appropriately mitigated. 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 either the PEIR, 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 PEIR is the appropriate environmental document for the project.
The entire Addendum and its technical appendixes are available online at the City’s
website at: www.newportbeachca.gov/ceqa
Summary
In summary, staff believes the proposed project is consistent with General Plan Land Use
designation and its land use policies related residential developments in the Airport
Business Area. The proposed project meets the intent of the ICDP and is consistent with
the illustrative development program identified for the subject site with regard to the
proposed density, the one-acre public park and the pedestrian connectivity within the
existing office park and adjacent Uptown Newport Planned Community. The proposed
residential overlay zone is tailored to the proposed residential development with site
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acreage, density, and development standards. The proposed development with on-site
recreation amenities and dedicated public park, with adequate provisions of new
residential parking and office replacement parking, will create a suitable urban living
environment integrated to the existing office parking. The traffic study for the proposed
project has been prepared in compliance with the Traffic Phasing Ordinance. The
prepared Addendum is the appropriate environment document for the project. These
technical reports have demonstrated that the proposed project would not result in new or
increased significant impacts to the studied areas. The site development review will
ensure the project will be implemented consistent with the approved development
standards. The proposed project is consistent with the requirements and standards in the
AELUP for reasons stated above. The proposed AHIP is supportive as it demonstrates
how the proposed project would meet the City’s affordable housing requirements. Lastly,
the proposed development agreement would provide vested rights for project
development while also providing negotiated public benefits.
Alternatives
The Planning Commission has the discretion to recommend changes to the proposed
project to address areas of concern or to improve the proposed plan. The Commission
can also recommend denial if it believes the proposed plan introduces incompatible uses
to the area that cannot be adequately mitigated or if consistency with the MU-H2 and/or
other applicable Airport Area policies are not in evidence.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
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ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
Exhibit A – Legal Description
Exhibit B – Addendum No. 4 to 2006 GP PEIR (Available separately due to bulk)
Exhibit C- PC-15 (Koll Center Newport Planned Community) Amendment
Exhibit D – AHIP
Exhibit E – Traffic Study
Exhibit F – Development Agreement
Exhibit G - Draft Conditions of Approval
PC 2 Project Description
PC 3 LSA Parking Study
PC 4 Project Plans
PC 5 Draft Construction Management Plan
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INTENTIONALLY BLANK PAGE34
Attachment No. PC 1
Draft Resolution
35
INTENTIONALLY BLANK PAGE36
RESOLUTION NO. PC2020-040
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF ENVIRONMENTAL IMPACT REPORT
ADDENDUM NO. 2020-003, APPROVAL OF PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2020-
001, SITE DEVELOPMENT REVIEW NO. SD2020-006, LOT LINE
ADJUSTMENT NO. LA2020-002, AFFORDABLE HOUSING
IMPLEMENTATION PLAN NO. AH2020-003, TRAFFIC STUDY
NO. TS2020-001, AND DEVELOPMENT AGREEMENT NO.
DA2020-002 FOR RESIDENCES AT 4400 VON KARMAN
PROJECT LOCATED AT 4400 VON KARMAN AVENUE (PA2020-
061)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by TPG (KCN) Acquisition, LLC (“Applicant”), with respect to
property located at 4400 Von Karman Avenue, generally bounded by Birch Street and Von
Karman Avenue, and legally described in Exhibit “A” attached hereto and incorporated
herein (“Property”).
2. The Applicant is requesting an approval for the development of 312 apartment units, a
284-space free-standing parking structure, one-acre public park, and reconfiguration of
existing surface parking lots serving existing office buildings (“Project”). The following
approvals are requested or required in order to implement the Project as proposed:
A. Planned Community Development Plan Amendment (“PCDP Amendment”) - An
amendment to Planned Community Development Plan #15 (Koll Center Newport
Planned Community) for the creation of a residential overlay zone and a park overlay
zone to allow for residential uses and a public park within the Koll Center Newport
Professional and Business Office Site B (“Office Site B”);
B. Major Site Development Review (“SD”) - A site development review in accordance
with the amended Koll Center Planned Community and Section 20.52.80 (Site
Development Reviews) of the Newport Beach Municipal Code (“NBMC”), for the
construction of the Project;
C. Traffic Study (“TS”) - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC;
D. Lot Line Adjustment (“LA”) - To reconfigure two (2) underlying parcels that
comprise the Project;
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E. Affordable Housing Implementation Plan (“AHIP”) - A program specifying how the
Project would meet the City’s affordable housing requirements, in exchange for a
request of 20 percent increase in density. The Applicant also seeks one (1)
development concession related to the mix of affordable units, pursuant to Chapter
20.32 (Density Bonus) of the NBMC and Government Code Section 65915;
F. Development Agreement (“DA”) - An agreement between the Applicant and the
City, which would provide vested rights to develop the Project, while also providing
negotiated public benefits; and
G. Addendum to the 2006 General Plan Update Program Environmental Impact
Reports (“Addendum”) - Pursuant to the California Environmental Quality Act
(“CEQA”), the addendum addresses reasonably foreseeable environmental impacts
resulting from the Project.
3. The Property is designated MU-H2 (Mixed-Use Horizonal 2) by the City of Newport Beach
General Plan (“General Plan”) Land Use Element and located within the Airport Business
Area, which is regulated by the Airport Business Area Integrated Conceptual Development
Plan (“ICDP”). The ICDP allocates a maximum of 260 residential units to be developed on
the Property.
4. The Property is currently located within the PC-15 (Koll Center Newport Planned
Community Office Site B) Zoning District.
5. The Property is not located within the coastal zone, therefore, an amendment to the
Coastal Land Use Plan or a coastal development permit are not required.
6. A telephonic public hearing was held on November 5, 2020 in the City Council Chambers
located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the hearing was given in accordance with Government Code
Section 54950 et. seq. (“Ralph M. Brown Act”), Chapter 15.45 (Development
Agreements), Chapter 19.74 (Lot Line Adjustments), 20.56 (Planned Community District
Procedures) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the
adequacy and completeness of the Environmental Impact Report (“EIR”) for the General
Plan Update (SCH No. 2006011119). The EIR was prepared in compliance with CEQA
Guidelines 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. Additionally,
in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR
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Planning Commission Resolution No. PC2020-040
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as a Program Environmental Impact Report (“PEIR”). This PEIR analyzed the potential
impacts of a citywide land use plan, and the goals and policies of 10 general plan elements.
Additionally, on November 22, 2011, the City Council adopted General Plan Amendment
No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update
(2008-2014) and its associated Housing Element and Initial Study/Negative Declaration
under CEQA. The PEIR and Initial Study/Negative Declaration are collectively referred to
herein as the “PEIR”).
2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent
EIR is required unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the project which will require major revisions
of the previous EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects;
b. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR due
to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
c. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following:
i. The project will have one or more significant effects not discussed in the
previous EIR;
ii. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline
to adopt the mitigation measure or alternative.
3. As the Project is within the allowable residential land use and density in the General
Plan and analyzed in the PEIR, an Addendum to PEIR was prepared pursuant to Section
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15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR
or Negative Declaration) of the CEQA Guidelines.
4. The following environmental topics were analyzed for the Project: Aesthetics, Air
Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water
Quality, Land Use and Planning, Noise, Population and Housing, Public Services,
Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Addendum
includes analysis of new topics that were not included in the previous EIRs; specifically,
it includes a new energy section and a new wildfire section. These additional analyses
are appropriate for inclusion in the Addendum, but none result in new or increased
significant impacts that would require preparation of a subsequent EIR pursuant to
Section 15162 of the CEQA Guidelines.
5. On the basis of the PEIR and entire environmental review record, the Project will not result
in any new significant impacts that were not previously analyzed in the PEIR. The
Addendum confirms and provides substantial evidence that the potential impacts
associated with this Project would either be the same or less than those described in either
the PEIR, as mitigated by applicable mitigation measures in the PEIR. 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 either the PEIR, 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 PEIR
is the appropriate environmental document for the Project. In taking action to approve any
of the requested applications for the Project, the data presented in the PEIR, as augmented
by the Addendum for this Project, are considered as part of the record.
6. The Addendum to the PEIR, is hereby recommended for adoption by the City Council given
its analysis and conclusions. The Addendum to the PEIR and related and referenced
documentation, constitute the administrative record upon which this decision was based,
are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach,
California.
7. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
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SECTION 3. FINDINGS.
Koll Center Newport Planned Community Development Plan Amendment
An amendment to PC-15, which is the zoning document for the Property, is a legislative act.
Neither PC-15, Chapters 20.66 (Amendments) and 20.56 (Planned Community Development
District Procedures) of Title 20 (Planning and Zoning) of the NBMC, or Article 2 (Adoption of
Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7
(Planning and Land Use) of the California Government Code set forth any required findings for
either approval or denial of amendments to the NBMC.
However, the proposed residential overlay to allow residential and related uses within specific
(“Residential Overlay Zone”) areas of Office Site B is consistent with the intent of PC-15 and
consistent with the purpose of Planned Community Districts as specified in NBMC Section
20.56.010 (Purpose) for the following reasons:
1. The Residential Overlay Zone provides for the classification and development of 260
additive residential units consistent with the goals and policies of the MU-H2 (Mixed-Use
Horizontal 2) land use designation and the ICDP and 20 percent density bonus of 52
units for a total 312 residential units, while maintaining the business and professional
office park environment.
2. The Residential Overlay Zone is tailored for the Project and it includes density and
intensity, and development standards such as building height, setbacks, and parking. It
also includes general provisions for on-site circulation, loading, landscaping, signage,
lighting, and recreation and open space requirements to ensure the Project will be
compatible with the existing office developments within Office Site B.
Major Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and
Decisions) 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.
Facts in Support of Finding:
1. The Property is located within Offices Site B which permits professional and business
offices, hotels and motels, retail, restaurants and entertainment, a courthouse, private
clubs, auto detailing and service stations. Currently, Site B only allows professional and
business offices, restaurants, and support commercial uses. The Project provides the
adoption of Residential Overlay Zone with provisions for residential development
consistent with the MU-H2 (Mixed-Use Horizontal 2) land use designation and the ICDP.
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With approval of the amendment to PC-15, the Project would be allowed within the
Residential Overlay Zone of PC-15.
2. With the adoption of Residential Overlay Zone, the Project meeting the development
requirements will be permitted by right, subject to approval of a site development review.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria:
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;
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 right(s)-of-way and compliance with
NBMC Section 20.30.100 (Public View Protection).
Facts in Support of Finding:
1. The Property is located in the Airport Business Area and has a City of Newport Beach
General Plan Land Use Element designation of MU-H2 (Mixed-Use Horizontal 2), which
provides for a horizontal intermixing of uses that may include regional commercial office,
multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary
neighborhood commercial uses. The MU-H2 designation applies to a majority of
properties in the Airport Business Area outside the high noise levels from John Wayne
Airport. The MU-H2 allows a maximum of 2,200 residential units as replacement of
existing office, retail, and/or industrial uses at a maximum density of 50 units per net
acre. Any eligible density bonus allowed by Government Code Section 65915 (Density
Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC, are not included in the
2,200 allowance or the 50 dwelling units per acre standard.
Of 2,200 units, a total of 550 of these units are identified as additive units meaning they
are not replacement units. These 550 units may be constructed as infill on existing
surface parking lots or areas not used as occupiable buildings on properties within the
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Conceptual Development Plan Area (“CDPA”), located east of MacArthur Boulevard, as
depicted on Figure LU22 Airport Area of the Land Use Element.
Prior to any residential development within the Airport Business Area, the City of
Newport Beach General Plan Land Use Policy LU 6.15.11 requires the preparation of
ICDP. In September of 2010, the City approved the Koll-Conexant ICDP to provide a
framework for the redevelopment of the 25-acre Uptown Newport site (formally known
as Conexant), and for the redevelopment of a 12.7-acre portion of the Koll Center
Newport office park between Birch Street and Von Karman Avenue with new residential
development and open space, carefully integrated with the existing office buildings and
parking structures.
The ICDP allocates 1,504 new residential units: 1,244 of which have been approved and
being developed on the Uptown Newport property and the remaining 260 on the Koll
Center Newport office park. All 260 of the new residential units on this site would be
“additive” units since no existing office uses would be removed. Together, the two (2)
properties would use all of the 550 additive units prescribed for the ICDP area by the
General Plan.
The City of Newport Beach General Plan contains a number of policies that provide for
the orderly development of the MU-H2 properties in the Airport Business Area, from a
business park, to a mixed-use district with cohesive residential villages integrated within
the existing fabric of office, industrial, retail, and airport-related businesses. Residential
opportunities are to be developed as clusters of residential villages centering on
neighborhood parks and interconnected by pedestrian walkways. These would contain
a mix of housing types and buildings that integrate with ground level retail and residential
uses at a sufficient scale to achieve a complete neighborhood.
2. The Project is consistent with the following City of Newport Beach General Plan policies
that establish fundamental criteria for the formation and implementation of new
residential villages in the Airport Business Area in general, and in the CDPA (additional
policy analysis is included in the EIR Addendum attached hereto as Exhibit “B”):
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 PCDP Amendment establishes a Residential Overlay Zone to allow for multi-family
residential uses, including affordable units that can respond to market needs and
diversify the City’s housing stock.
b. LU 3.8 Project Entitlement Review with Airport Land Use Commission -. Refer
the adoption or amendment of the General Plan, Zoning Code, specific plans,
and Planned Community development plans for land within the John Wayne
Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for
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review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater
than 200 feet above ground level to the ALUC for review.
The Project is within the boundaries of the Airport Environs Land Use Plan (“AELUP”).
The overseeing agency, Airport Land Use Commission (“ALUC”), must review the
proposed PCDP Amendment pursuant to Government Code Section 65302.3 and Public
Utilities Code Section 21676. The purpose of the review is to determine the Project’s
consistency with the AELUP prior to the City Council taking action on the Project.
The Project is located outside of the 60-dB CNEL noise contour and located within JWA
Safety Zone 6. The PCDP Amendment includes regulations for the posting of signs in
the outdoor common areas and proposed one-acre public park. The Project is located
in JWA Safety Zone 6 and the AELUP allows residential uses in that zone. The PCDP
Amendment does not introduce any new noise-sensitive uses that are inconsistent with
AELUP Noise Impact Zones or compatibility qualities of the AELUP Safety Zones.
Despite the Project’s consistency with the AELUP, the ALUC may find the Project
inconsistent and should they do so, approval of the Project would require the Newport
Beach City Council to override this determination with a two-thirds vote.
a. LU 6.15.5 Residential and Supporting Uses. Accommodate the development of a maximum of 2,200 multi-family residential units, including work force housing,
and mixed-use buildings that integrate residential with ground level office or retail
uses, along with supporting retail, grocery stores, and parklands. Residential
units may be developed only as the replacement of underlying permitted
nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak
hour trips generated by cumulative development of the site shall not exceed the
number of trips that would result from development of the underlying permitted
nonresidential uses. However, a maximum of 550 units may be developed as infill
on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided
that the parking is replaced on site.
The proposed residential units would be “additive” units because no existing
development would be removed, other than surface parking lots and common landscape
areas within Office Site B. The Project would replace onsite parking through a
combination of structure and surface parking. The Project would provide 559 onsite
parking spaces for its residential units, and replace 635 parking stalls to serve the
existing office buildings in the free-standing parking structure located at the southeast
corner of the project site and within the residential parking structure.
b. LU 6.15.6. Size of Residential Villages. Allow development of mixed-use
residential villages, each containing a minimum of 10 acres and centered on a
neighborhood park and other amenities (as conceptually illustrated in Figure
LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights-of-way. This
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acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage
may also include part of a contiguous property in a different land use category, if
the City finds that a sufficient portion of the contiguous property is used to provide
functionally proximate parking, open space, or other amenity. The “Conceptual
Development Plan” area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a conceptual development plan described in Policy LU 6.15.11
shall be required.
The Property is approximately 13.0 acres in size to be developed as a single-phase
residential development which includes the multiple parcels consisting of adjacent
commercial parcels and their surface parking and landscaped areas, the proposed
development parcels, and the reconfigured and replacement parking areas to create a
residential village consistent with ICDP. The Project is designed to be adjacent and
proximate to existing office, commercial, and transit uses to facilitate a mixed-use
environment where future residents could walk or bike to work, retail locations, and the
transit. The Project would include a one-acre public park centrally located between the
existing office developments and new residential structure with a pedestrian linkage
system to provide a convenient connection throughout the project site and to adjacent
Uptown Newport Planned Community.
c. LU 6.15.7. Overall Density and Housing Types. Require that residential units be
developed at a minimum density of 30 units and maximum of 50 units per net
acre averaged over the total area of each residential village. Net acreage shall
be exclusive of existing and new rights-of-way, public pedestrian ways, and
neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high-rises to accommodate a variety
of household types and incomes and to promote a diversity of building masses
and scales.
The Project has a base density of 44 units per net acre (260 units) which is consistent
with a maximum of 50 du/acre allowance. This base density does not include the 20-
percent density bonus of 52 units that is allowed by the State Bonus Density law in
exchange for the 5-percent or 13 units set aside for affordable housing. Altogether, the
Project has an overall density of 53 units per net acre.
The Project is considered a mid-rise podium style, for-rent apartment development.
Although the residential development is limited to one particular housing product, the
312 apartment units include a mix of unit types, ranging from studio to two-bedroom
units, accommodating a variety of household types and income. Of the 312 residential
units, 13 units will be affordable to low-income households and 299 units will be market-
rate housing.
d. LU 6.15.8. First Phase Development Density. Require a residential density of 45
to 50 units per net acre, averaged over the first phase for each residential village.
This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service
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commercial horizontally on the site or vertically within a mixed-use building. On individual sites, housing development may exceed or be below this density to
encourage a mix of housing types, provided that the average density for the area
encompassed by the first phase is achieved.
The Project is located in the ICDP which is exempt from this specific density
requirement, but is subject to the minimum density of 30 dwelling units per net acre and
a maximum density of 50 dwelling units per net acre. With a density of approximately 44
dwelling units per net acre, the Project is in compliance with this criteria.
e. LU 6.15.9 Subsequent Phase Development Location and Density. Subsequent phases of residential development shall abut the first phase or shall face the first
phase across a street. The minimum density of residential development
(including residential mixed-use development) shall be 30 units per net acre and
shall not exceed the maximum of 50 units per net acre averaged over the
development phase.
The Project would be developed in one (1) phase and have a density of 44 dwelling
units per acre.
f. LU 6.15.10 Regulatory Plans. Require the development of a regulatory plan for each residential village, which shall contain a minimum of 10 acres, to coordinate
the location of new parks, streets, and pedestrian ways, set forth a strategy to
accommodate neighborhood-serving commercial uses, and other amenities,
establish pedestrian and vehicular connections with adjoining land uses; and
ensure compatibility with office, industrial, and other nonresidential uses.
The Project includes an amendment to PC-15 to include provisions allowing for
residential development consistent with the City’s General Plan and the ICDP. The site
would be developed with residential uses adjacent and proximate to office, commercial,
transit, and open space uses to facilitate a compatible mixed-use environment. The
Project would incorporate pedestrian and vehicular connections to adjacent land uses,
including through pedestrian-scale sidewalks and open space linkages.
The overall Project development site is approximately 13 acres, which consists of the
project site, the existing office developments, and common open spaces and parking
facilities, exceeds the minimum 10-acre for each residential village.
g. LU 6.16.11 Conceptual Development Plan. Require the development of one
conceptual development plan for the area depicted on Figure LU22, should
demonstrate the compatibility and cohesive integration of new housing, parking structures, open spaces, recreational amenities, pedestrian and vehicular
linkages, and other improvements with existing nonresidential structures and
uses. To the extent existing amenities are proposed to satisfy Neighborhood Park
requirements, the plan shall identify how these amenities with meet the
recreational needs of residents. Each residential village in the Conceptual
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Development Plan Area shall also comply with all elements required for regulatory plans defined by Policy 6.15.10.
The Project is consistent with the intent of ICDP. The Project consists of 260 additive
units, together with 52 density bonus units for a total of 312 residential units to create a
mixed-use community adjacent to and surrounded by office, commercial, open space,
and transit uses. This mix of land uses would foster the ICDP’s vision of a compatible
mixed-use community. The residential uses would be linked to adjacent office and
commercial uses through pedestrian connections, sidewalks, and open space. The
proposed one-acre park is centrally located and accessible to residents and office users.
Adequate parking for the proposed residential units and replacement office parking will
be provided within the project site. The parking garage will be screened through
landscaping and articulated facades. The Project will include a pedestrian-scale street
and pedestrian walkways that foster a village atmosphere. Ground level residential uses
will promote active and engaging street fronts through balconies, landscaping, and
building features.
h. LU 6.15.12. Development Agreements. A Development Agreement shall be
required for all projects that include infill residential units. The Development
Agreement shall define the improvements and public benefits to be provided by
the developer in exchange for the City’s commitment for the number, density, and location of the housing units.
The Project includes a development agreement which will be implemented as part of the
project approval.
i. LU 6.15.13 Neighborhood Parks Standards. To provide a focus and identity for
the entire neighborhood and to serve the daily recreational and commercial
needs of the community within easy walking distance of homes, require
dedication and improvement of at least 8 percent of the gross land area (exclusive
of existing rights-of-way) of the first phase development in each neighborhood, or ½ acre, whichever is greater, as a neighborhood park. This requirement may
be waived by the City where it can be demonstrated that the development parcels
are too small to feasibly accommodate the park or inappropriately located to
serve the needs of local residents, and when an in-lieu fee is paid to the City for
the acquisition and improvement of other properties as parklands to serve the Airport Area.
In every case, the neighborhood park shall be at least 8 percent of the total
Residential Village Area or one acre in area, whichever is greater, and shall have
a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way, development sites, or setback areas. A neighborhood park
shall satisfy some or all of the requirements of the Park Dedication Ordinance, as
prescribed by the Recreation Element of the General Plan.
The Project includes the dedication of a one-acre public park exclusive of existing and
new right-of-way, development sites and setback areas. The park would serve the
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Project’s future residents, existing offices and businesses within the Koll Center office
park as a recreation and relaxation area. Park amenities include a dog park, community
social area with benches, shade structures, and bocce ball court.
j. LU 6.15.14 Location. Require that each neighborhood park is clearly public in
character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on-street
parking to serve the park), and shall be linked to residential uses in its respective
neighborhood by streets or pedestrian ways.
The one-acre park will be developed as a neighborhood park, and it would be accessible
to the public during daylight hours. The proposed park will be dedicated but improved
and maintained by the applicant. The park is surrounded by Birch Street and Von
Karman Avenue and linked to the Project and existing office developments by
pedestrian walkways.
k. LU 6.15.15. Aircraft Notification. Require that all neighborhood parks be posted
with a notification to users regarding proximity to John Wayne Airport and aircraft
overflight and noise.
The park will be posted with a notification to users regarding proximity to John Wayne
Airport and aircraft overflight and noise.
l. LU 6.15.16 On-Site Recreation and Open Space Standards. Require developers
of multi-family residential developments on parcels 8 acres or larger to provide
on-site recreational amenities. For these developments, 44 square feet of on-site recreational amenities shall be provided for each dwelling unit in addition to the
requirements under the City’s Park Dedication Ordinance and in accordance with
the Parks and Recreation Element of the General Plan. On-site recreational
amenities can consist of public urban plazas or squares where there is the
capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball
courts. Where there is insufficient land to provide on-site recreational amenities,
the developer shall be required to pay cash in-lieu that would be used to develop
or upgrade nearby recreation facilities to offset user demand as defined in the
City’s Park Dedication Fee Ordinance.
The acreage of on-site open space developed with residential projects may be
credited against the parkland dedication requirements where it is accessible to
the public during daylight hours, visible from public rights-of-way, and is of
sufficient size to accommodate recreational use by the public. However, the credit for the provision of on-site open space shall not exceed 30 percent of the parkland
dedication requirements.
The Project exceeds the 13,728 square-foot (44 square feet x312 unit) on-site
recreational amenities by providing a total of 19,768 square feet or 63 square feet per
dwelling unit. These are outdoor courtyards with swimming pool and spa, and BBQ
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areas, and a roof deck. In addition to the on-site recreation amenities, the Project also
features private balconies in most of the units; and a fitness center, a clubroom, a dog
wash facility and bike shop/storage to be used by the residents in a total of 7,700 square
feet.
m. LU 6.15.17 Street and Pedestrian Grid. Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods
and community amenities, and is scaled to the predominantly residential
character of the neighborhoods.
The Project includes an internal street that will traverse the site and connect Von Karman
to Birch Street approximately halfway through the block. The proposed pedestrian
circulation will facilitate connections between the proposed residential development with
adjacent office uses and public sidewalks and streets. It also includes a public park that
is connected to Von Karman and Birch street through new pedestrian walkways.
n. LU 6.15.19 Connected Streets. Require dedication and improvement of new
streets as shown on Figure LU23. The illustrated alignments are tentative and
may change as long as the routes provide the intended connectivity. If traffic
conditions allow, connect new and existing streets across Macarthur Boulevard
with signalized intersections, crosswalks, and pedestrian refuges in the median.
See finding LU 6.15.17 Street and Pedestrian Grid above.
o. LU 6.15.20 Pedestrian Improvements.
See finding LU 6.15.17 Street and Pedestrian Grid above
p. LU 6.15.22 Building Massing. Require that high-rise structures be surrounded
with low- and mid-rise structures fronting public streets and pedestrian ways or
other means to promote a more pedestrian scale.
The proposed five-story apartment building would be compatible with surrounding
structures and would provide a variety of building mass and scale similar to the nearby
existing one to four story office buildings. Walkways would be provided within the
Project and would connect to existing sidewalks on Birch Street and Von Karman
Avenue. Other pedestrian scale features would include landscaped areas surrounding
the apartment building and a one-acre public park.
q. LU 6.15.23 Sustainability Development Practices. Require that development
achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished
through the mix and density of uses, building location and design, transportation modes,
and other techniques. Among the strategies that should be considered are the
integration of residential with jobs-generating uses, use of alternative transportation
modes, maximized walkability, use of recycled materials, capture and re-use of storm
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water on-site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss.
The Project would be required to comply with the provisions of the Building and Energy
Efficiency Standards (CCR, Title 24, Parts 6 and 11) and the Green Building Standards
Code (CCR, Title 24, Part 11 - CALGreen). Additionally, the Project would implement
water-efficient landscaping; electric vehicle charging stations in the parking structures;
water quality best management practices to treat surface runoff from the project site;
and low impact development practices.
The Project is also adjacent to office developments in the Airport Business Area and
would provide housing near employment opportunities. The Project includes a one-acre
public park and pedestrian linkage system that would provide connections throughout
the site and to adjacent and surrounding uses, thereby providing an alternative mode of
public transportation for the residents and their visitors. The Project would also provide
alternative forms of transportation to residents by locating close to the existing Orange
County Transportation Authority (“OCTA”) bus routes provided along Von Karman
Avenue, Birch Street, Campus Drive, Jamboree Road, and MacArthur Boulevard.
r. LU 6.15.24- Airport Compatibility. Require that all development be constructed
within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP),
unless the City Council makes appropriate findings for an override in accordance with
applicable law.
The Project requires a determination of consistency with the AELUP for John Wayne
Airport by the ALUC in accordance with City of Newport Beach General Plan Policy LU
3.8 and the requirements outlined in the AELUP because the Project requires an
amendment to PC-15 to allow for residential uses in Offices Site B consistent with the
City’s General Plan and the ICDP. The AELUP shows the project site is outside of the
60 dBA CNEL contour. Additionally, on-site buildings would not exceed 75 feet.
3. The Project dictates the location and configuration of residential development, private
driveways/streets, pedestrian ways, and locations of park and open space. The Project
also identifies pedestrian connectivity between the Koll Center Newport business park
and Uptown Newport planned community, vehicular and pedestrian access to Birch
Street and Von Karman Avenue.
4. The proposed 5-story residential building would be at 75 feet including architectural
elements, rooftop mechanical equipment, elevator shafts, and emergency staircase.
The architecture would be high-quality and would incorporate neutral colors with
stone/tile, metal, and glass features. The project’s building mass is comparable and
compatible to the existing surrounding office developments, where these buildings are
ranging from single-story to ten-story, or up to 154 feet in height.
The proposed 3-story free-standing parking structure would be approximately 40 feet
tall and smaller in size compared to the adjacent 5000 Birch office’s parking structure.
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It would include neutral colors and materials to ensure compatibility with surrounding
office developments.
5. The placement of the residential building would allow for views through the project site
to the surrounding office buildings. The massing breaks will add visual interest and
reduce long obstructive building facades. The placement of the residential building is
aligned with the internal street so it would be the least impactful to the surrounding office
buildings and provided maximum pedestrian connections between these buildings.
6. The Project includes a variety of enhanced amenities including private balconies for
most of the units, pool and garden courtyards, a clubroom, a fitness center, a dog wash
room, and a bike storage. The one-acre public park will be improved and maintained by
the applicant. Additionally, open spaces and their connecting walkways will be provided
throughout the project site for further benefit of office tenants and residents. Lastly, three
pedestrian connections will be provided to connect the project to Phase 2 of the Uptown
Newport project.
7. The Project includes 559 onsite parking spaces for its residential units and a total of 635
replacement parking stalls to serve the existing office buildings. Therefore, upon
completion of the project, there would be adequate onsite parking exceeding the
minimum required residential standard and replacement office parking.
8. The Project includes a public-accessible park and passive open space with landscaping
surrounding the proposed residential building. The park and open space would feature
a pavilion with a signature tree and a multi-purpose lawn. In addition to the public open
space areas, the project features private open space, such as balconies and a rooftop
deck. The Project would incorporate water-efficient landscaping where feasible and
would comply with the provisions of the Building and Energy Efficiency Standards (CCR,
Title 24, Parts 6 and 11) and the Green Building Standards Code (CCR, Title 24, Part
11 - CALGreen).
9. The Project is generally flat and is bordered by existing office buildings and developed
roadways. The City’s General Plan does not identify any scenic vistas or view points on
or proximate to the project site. The nearest public view point to the project site identified
in the City’s General Plan is approximately 1.14 miles south of State Route (SR) 73 at
Bayview Park. The nearest coastal view designated portion of Jamboree Road is
approximately 0.6 mile south of the site. Due to the distance and highly urbanized nature
of the project area, public coastal views along this view corridor would not be impacted
by the project.
Finding:
C. 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.
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Facts in Support of Finding:
1. The Project would facilitate orderly growth of the City and the Airport Area and within
planned growth contemplated in the ICDP.
2. 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 project with
articulation and building modulations to enhance the urban environment.
3. The proposed residential 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. Refuse collection is accommodated via two on-
site staging areas within the loading zones in front of the building to ensure safe
maneuvering by refuse vehicles. Emergency vehicles will have access via Von Karman
Avenue and Birch Street and along the spine street.
4. The proposed free-standing parking structure has been designed to accommodate and
provide adequate parking for the office users. Adequate signage and lighting will be
provided for ease of use and safety of the users.
5. The Property is located approximately 0.44 mile east of the southernmost John Wayne
Airport runway and is within the notification area of the AELUP for John Wayne Airport.
However, the Project is below the maximum transitional imagery surface heights, and
thus the project is within the building height limits of the AELUP. The property is located
within the 60dBA CNEL noise contours for John Wayne Airport and Safety Zone 6
(Traffic Pattern Zone), where the likelihood of an accident is low. Consistent with the
proposed residential overlay, the Project has been conditioned to provide notice to all
future residents of potential annoyances or inconveniences associated with residing in
proximity to airport operations. Also, a notice is required to be provided in the public park
and designated outdoor common and recreational areas advising of aircraft noise
6. The new construction complies with all Building, Public Works, Fire Codes, City
ordinances, and all conditions of approval.
Lot Line Adjustment
In accordance with Section 19.76.020 (Procedures for Lot Line Adjustments) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
A. Approval of the lot line adjustment will not, under the circumstances of the 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
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further that the proposed lot line adjustment is consistent with the legislative intent of the title.
Facts in Support of Finding:
1. The City of Newport Beach General Plan Land Use Designation of MU-H2 (Mixed Use
Horizontal 2) will be maintained for the two (2) proposed parcels involved.
2. The lot line adjustment is consistent with the purpose identified in Section 19.76 (Lot
Line Adjustments) of the NBMC. The lot line adjustment constitutes a minor boundary
adjustment involving the Property (Parcel 1) and the adjacent parcel (Parcel 2). The
original number of lots will remain unchanged after the adjustment.
3. The lot line adjustment does not negatively impact surrounding land owners, and will not
in itself be detrimental to the health, safety, peace, comfort, and general welfare of
persons residing or working in the Koll Center Newport business complex, as the
adjustment is necessary to align the subject property lines to be more in line with the
Project’s development boundaries.
Finding:
B. The number of parcels resulting from the lot line adjustment remains the same as before
the adjustment.
Facts in Support of Finding:
1. The proposed lot line adjustment will adjust the property lines between two (2)
contiguous parcels. The number of parcels remains the same as before the lot line
adjustment.
Finding:
C. The lot line adjustment is consistent with applicable zoning regulations except that nothing
herein shall prohibit the approval of a lot line adjustment as long as none of the resultant
parcels is more nonconforming as to lot width, depth and area than the parcels that existed
prior to the lot line adjustment.
Facts in Support of Finding:
1. Parcel 1 and Parcel 2 would remain within the PC15 Zoning District and no changes are
proposed to create more nonconforming as to lot area required by PC-15 than the
parcels that existed prior to the lot line adjustment.
2. The lot line adjustment allows the property lines of Parcel 1 to be consistent with
development footprints.
Finding:
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D. Neither the lots as adjusted nor adjoining parcels will be deprived legal access as a result
of the lot line adjustment.
Facts in Support of Finding:
1. There would be no changes proposed to Parcel 1 and Parcel 2 as both of these parcels
will maintain their existing legal accesses via existing driveways and internal street
within Office Site B.
Finding:
E. That the final configuration of the parcels involved will not result in the loss of direct vehicular
access from an adjacent alley for any of the parcels that are included in the lot line
adjustment.
Facts in Support of Finding:
1. There are no public alleys adjacent to the proposed parcels; therefore, this finding does
not apply.
Finding:
F. That the final configuration of a reoriented lot does not result in any reduction of the street
side setbacks as currently exist adjacent to a front yard of any adjacent key, unless such
reduction is accomplished through a zone change to establish appropriate street site setbacks for the reoriented lot. The Planning Commission and City Council in approving the
zone change application shall determine that the street side setbacks are appropriate, and
are consistent and compatible with the surrounding pattern of development and existing
adjacent setbacks.
Facts in Support of Finding:
1. The final configuration of the proposed parcels does not result in any reduction of the
street side setbacks as the adjustments are within the interior of the existing parcels in
question.
Traffic Study
In accordance with Section 15.40.030 (Standards for Approval—Findings—Exemptions) of
the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this chapter and
Appendix A [NBMC Chapter 15.30],
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Facts in Support of Finding:
1. A traffic study, entitled Residences at 4400 Von Kaman Analysis, prepared by Kimley-Horn
and Associates, Inc., dated October 2020, was prepared for the Project in compliance with
Municipal Code Chapter 15.40 (Traffic Phasing Ordinance and Appendix A).
Finding:
B. That, based on the weight of the evidence in the administrative record, including the traffic
study, one of the findings for approval in subsection (B) [NBMC Section 15.40.030(B)(1)]
can be made:
Section 15.40.030(B)(1) (Findings for Approval) of the NBMC states: Construction of the
project will be completed within sixty (60) months of project approval; and
a. The project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection, or
b. The project including circulation improvements that the project proponent is required to
make and/or fund, pursuant to a reimbursement program or otherwise, will neither cause
nor make worse an unsatisfactory level of traffic service at any impacted primary intersection, or
c. The project trips will cause or make worse an unsatisfactory level of traffic service at
one or more impacted primary intersection(s) but the project proponent is required to
construct and/or fund, pursuant to a reimbursement program or otherwise, circulation improvements, or make contributions, such that:
1. The project trips will not cause or make worse an unsatisfactory level of traffic service
at any impacted primary intersection for which there is a feasible improvement, and
2. The benefits resulting from circulation improvements constructed or funded by, or
contributions to the preparation or implementation of a traffic mitigation study made
by, the project proponent outweigh the adverse impact of project trips at any
impacted primary intersection for which there is (are) no feasible improvement(s) that
would, if implemented, fully satisfy the provisions of Section 15.40.030 (B)(1)(b). In balancing the adverse impacts and benefits, only the following improvements and/or
contributions shall be considered with the greatest weight accorded to the
improvements and/or contributions described in subparagraphs (a) and (b) below:
a. Contributions to the preparation of, and/or implementation of some or all of the recommendations in, a traffic mitigation study related to an impacted primary
intersection that is initiated or approved by the City Council,
b. Improvements, if any, that mitigate the impact of project trips at any impacted
primary intersection for which there is (are) no feasible improvement(s) that, if implemented, would satisfy the provisions of Section 15.40.030(B)(1)(b),
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c.Improvements that mitigate the impacts of project trips on any impacted primary
intersection in the vicinity of the project,
d.Improvements that mitigate the impacts of project trips on any impacted primary
intersection operating, or projected to operate, at or above 0.80 ICU, or
d.The project complies with (1)(b) upon the completion of one or more circulation
improvements; and:
1.The time and/or funding necessary to complete the improvement(s) is (are) notroughly proportional to the impacts of project-generated trips, and
2.There is a strong likelihood the improvement(s) will be completed within forty-eight
(48) months from the date the project and traffic study are considered by the Planning
Commission, or City Council on review or appeal. This finding shall not be madeunless, on or before the date of approval, a conceptual plan for each improvement
has been prepared in sufficient detail to permit estimation of cost and funding
sources for the improvement(s); the improvement(s) is (are) consistent with the
circulation element or appropriate amendments have been initiated; an account has
been established to receive all funds and contributions necessary to construct theimprovement(s) and the improvement is identified as one to be constructed pursuant
to the five year capital improvement plan and as specified in Appendix A, and
3.The project proponent pays a fee to fund construction of the improvement(s). The
fee shall be calculated by multiplying the estimated cost of the improvement(s) by afraction. The fraction shall be calculated by dividing the “effective capacity decrease”
in the impacted primary intersection attributable to project trips by the “effective
capacity increase” in the impacted primary intersection that is attributable to the
improvement. The terms “effective capacity increase” and “effective capacity
decrease” shall be calculated in accordance with the provisions of Appendix A.
Facts in Support of Finding:
1.Based on the weight of the evidence in the administrative record, including the Traffic Study,
and the conditions of approval, all of the findings for approval in Section 15.40.030(B)(1)(a)
can be made in that:
a.The Project is anticipated to be complete within 32-month period, well within the
60-month criteria. Therefore, the Traffic Study addresses the entire project
development.
b.The Traffic Study provides an evaluation of morning and evening peak hours at
25 existing intersections that are located in the City and the adjoining City of
Irvine, and two interstate free ramp intersections that are controlled and
maintained by the Caltrans.
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c. The Project is projected to generate an additional 1,697 trips, 112 AM trips and
137 PM trips. When these trips distributed to these studied intersections, the
analysis concludes that there is no significant impact as the project will neither
cause nor make worse an unsatisfactory level of service at any impacted primary
intersection, and all intersections are forecasted to continue to operate at
acceptable Levels of Service.
Finding:
C.That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with all
conditions of approval.
Facts in Support of Finding:
1.The development plans for the Project includes the recommended improvements to the
existing driveways and are included in the resolution of approval. The Project also will
be required for the payment of Fair Share fees in accordance with Chapter 15.32 that
will be used to fund future planned improvements to the City’s circulation system.
Additionally, the Project will be required to pay any applicable fees for the Major
Thoroughfare and Bridge Fee Program.
Affordable Housing Implementation Plan
The proposed Affordable Housing Implementation Plan (“AHIP”) is consistent with the intent to
implement affordable housing goals within the City pursuant to Government Code Sections
65915-65918 (State Density Bonus Law), and Title 20, Chapter 20.32 (Density Bonus) of the
NBMC for the following reasons:
1.Consistent with the requested twenty-percent density bonus, five percent (13 units) of
the project’s base units (260) would be set aside as affordable units to very-low income
households. Very-low income households are defined as households earning 50 percent
or less of the area median income, adjusted for family size for minimum term of 55 years.
2.The State Density Bonus Law and the City’s Density Bonus Code provide for an increase
in the number of units above General Plan and zoning limits for projects that include a
minimum of five percent of the base units affordable to very-low income households
earning 50 percent or less of area median income. The project’s inclusion of 13 very-
low income units, which is 5 percent of the General Plan limit of 260 units makes the
project eligible for 52 additional units making project total 312 of units.
3.In addition to the 52 density bonus units and pursuant to Government Code Section
65915(d)(1) and Section 20.32 (Density Bonus) of the NBMC, the Project is entitled to
receive one incentive or concession that would result in identifiable, financially sufficient,
and actual cost reductions. The project applicant includes requests a for one
development concession for the proposed affordable unit mix that does not meet NBMC
Section 20.32.070 (Design and Distribution of Affordable Units). NBMC Section
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20.32.070 requires affordable units in a density bonus project reflect the same range of
unit types in the residential development as a whole. In this case, the Project provides
a higher percentage of affordable studio units and fewer affordable two-bedroom units
compared to market rate units. Granting this incentive will result in identifiable, financially
sufficient, and actual project cost reductions by reducing the long-term rental subsidy
costs associated with the two-bedroom units and affording additional rental income for
the project to ensure financial feasibility.
Development Agreement
In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the NBMC,
a development agreement is required pursuant to General Plan Policy LU 6.15.12 as the project
requires a zoning code amendment that includes the development of more than fifty (50)
residential units, in this case a total of 260 infill residential units. The proposed development
agreement satisfies the requirements of Chapter 15.45 (Development Agreements) of the
NBMC as follows:
1.A development agreement is requested by the Applicant, as the Project would include a
total of 260 infill residential units allowed by the City’s General Plan and ICDP. The
development agreement includes all the mandatory elements including a term of 10
years and public benefits that are appropriate to support conveying the vested
development rights consistent with the City’s General Plan, the NBMC, and Government
Code Sections 65864 et seq.
2.Public benefits include the payment of a $500,000 public safety fee to satisfy any
obligation the Project could have to provide new emergency response services or Fire
Department equipment to serve the Airport Area whether a Community Facilities District
is formed or not. The Applicant has also agreed to pay a separate public benefit fee to
be used by the City Council as it deems appropriate.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby recommends the
followings to the City Council:
a.Adopt Environmental Impact Report Addendum No. ER2020-003 to the 2006
General Plan Update (SCH2006011119), as depicted in Exhibit B;
b.Approve Planned Community Development Plan Amendment No. PD2020-001, as
depicted in Exhibit C;
c.Approve Major Site Development Review No. PD2020-001, with conditions of
approval as depicted in Exhibit G;
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d.Approve Lot Line Adjustment No. LA2020-002, with conditions of approval as
depicted in Exhibit G;
e.Approve Affordable Housing Implementation Plan No. AH2020-003, as depicted in
Exhibit D;
f.Approve Traffic Study No. TS2020-001, as depicted in Exhibit E with conditions of
approval as depicted in Exhibit G; and
g.Approve Development Agreement No. DA2020-002, as depicted in Exhibit F.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Erik Weigand, Chairman
BY:_________________________
Lauren Kleiman, Secretary
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01-25-19
EXHIBIT “A”
Legal Description
PARCEL 1:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2 OF
PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES
16 THROUGH 22 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP
NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 49°21'34”
WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 41°05'02” WEST 54.87 FEET; THENCE SOUTH 04°16'29”
EAST 257.91 FEET; THENCE SOUTH 85°43'31” WEST 685.70 FEET TO A LINE PARALLEL
WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF VON
KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID
PARALLEL LINE NORTH 06°59'31” WEST 296.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET;
THENCE ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL
ANGLE OF 09°29'40” TO THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL
MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” WEST 204.00
FEET”; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND
ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH
49°21'34” EAST 274.72 FEET; THENCE NORTH 40°38'26” EAST 156.94 FEET TO THE
SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL
MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” EAST 204.44
FEET”; THENCE ALONG SAID SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE
OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE
FOLLOWING COURSES: SOUTH 49°21'34” EAST 166.34 FEET; THENCE NORTH 40°38'26”
EAST 284.73 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING: 4.51 ACRES, MORE OF LESS.
PARCEL 2:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF PARCEL 2 OF
PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES
16 THROUGH 22 OF PARCEL MAPS, TOGETHER WITH PARCEL 1 OF PARCEL MAP NO.
82-713 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 181, PAGES 13 THROUGH 19 OF
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01-25-19
PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY.
EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP
NO. 91-155; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 49°21'34”
WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHEASTERLY LINE SOUTH 41°05'02” WEST 54.87 FEET; THENCE SOUTH 04°16'29”
EAST 257.91 FEET; THENCE SOUTH 85°43'31” WEST 685.70 FEET TO A LINE PARALLEL
WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF VON
KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID
PARALLEL LINE NORTH 06°59'31” WEST 296.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 549.00 FEET;
THENCE ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL
ANGLE OF 09°29'40” TO THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL
MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” WEST 204.00
FEET”; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND
ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH
49°21'34” EAST 274.72 FEET; THENCE NORTH 40°38'26” EAST 156.94 FEET TO THE
SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID PARCEL
MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” EAST 204.44
FEET”; THENCE ALONG SAID SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE
OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE
FOLLOWING COURSES: SOUTH 49°21'34” EAST 166.34 FEET; THENCE NORTH 40°38'26”
EAST 284.73 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING: 20.09 ACRES, MORE OF LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF
RECORD.
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01-25-19
EXHIBIT “B”
Addendum to the 2006 General Plan Update (SCH No. 2006011119)
Available separately due to bulk at:
www.newportbeachca.gov/ceqa
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01-25-19
EXHIBIT “C”
Planned Community Development Planned Amendment to PC 15
63
PLANNED COMMUNITY DEVELOPMENT REGULATIONS AND STANDARDS
For Koll Center Newport
Ordinance No. 1449, adopted by the City of Newport Beach August 14, 1972
(Amendment No. 313)
Original draft May 5, 1972
Amendment (1) August 14, 1972
Amendment (2) August 14, 1972
Amendment (3) August 2, 1973
Amendment (4) February 7, 1974
Amendment (5) June 10, 1974
Amendment (6) May 15, 1975
Amendment (7) September 8, 1975
Amendment (8) June 28, 1976
Amendment (9) January 10, 1977
Amendment (10) July 11, 1978
Amendment (11) August 28, 1978
Amendment (12) October 19, 1978
Amendment (13) November 10, 1980
Amendment (14) March 23, 1981
Amendment (15) October 24, 1984
Amendment (16) May 14, 1984
Amendment (17) December 9, 1985
Amendment (18) July 14, 1986
Amendment (19) March 23, 1987
Amendment (20) July 27, 1987
Amendment (21) June 12, 1989
Amendment (22) April 25, 1994
Amendment (23) October 9, 1995
Amendment (24) February 23, 1998
Amendment (25) August 10, 1998
Amendment (26) January 11, 2000
Amendment (27) January 25, 2000
Amendment (28) August 9, 2005
Ordinance No. 2006-19(29) July 25, 2006
Ordinance No. 2006-21(30) October 24, 2006
Ordinance No. 2011-3(31) January 25, 2011
Ordinance No. 2011-8(32) March 8, 2011
Ordinance No. 2013-5(33) March 12, 2013
Ordinance No. ______(34) __________, 20
NOTE: See Footnotes beginning on Page 49 for description of amendments.
64
CONTENTS
PAGE NO.
PREFACE 1
DEVELOPMENT CONSIDERATIONS 2
GENERAL NOTES 6
DEFINITIONS 7
PART I. INDUSTRIAL – Deleted (33)
PART II. COMMERCIAL
Section I. 10
Site Area and Building Area
Section II. 21
Permitted Uses
Section III. 25
General Development Standards for Commercial Land
PART III. GENERAL PARKING REQUIREMENTS
Section I. 29
PART IV. GENERAL SIGN REQUIREMENTS
Section I. 32
Sign Standards
Section II. 35
Sign Area
Section III. 35
Maintenance
PART V. GENERAL LANDSCAPE STANDARDS
Section I. 36
General Statement
PART VI. RESIDENTIAL OVERLAY 41
65
PART VII. FOOTNOTES 49
PART VIII. ATTACHED EXHIBITS (34) 54
Composite ............................................. For Information Only
Exhibit A .............................................. Land Use
Exhibit B............................................... Grading and Roads
Exhibit C............................................... Storm Drain
Exhibit D .............................................. Water & Sewer
Exhibit E ............................................... Boundary and Topography
Exhibit F .............................................. Residential Overlay Map – Office Site B
Exhibit G ............................................. Pedestrian Connection Diagram
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1
PREFACE
It is the intent of this Planned Community Development to provide comprehensive zoning for what is
now the Collins Radio property Koll Center Newport while including provisions allowing for
residential development consistent with the City of Newport Beach General Plan and the
Integrated Conceptual Development Plan approved by the City of Newport Beach on December
10, 2010, within the Residential Overlay zone of Professional and Business Office Site B.
Residential uses are permitted in accordance with the provisions found in Part VI, herein.
Existing and planned uses within this development are include a hotel with banquet and convention
facilities, a small retail and service center, restaurants, a private club, the Orange County Courthouse
with the balance of the acreage developed as a business and professional office park emphasizing open
space. (34)
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2
DEVELOPMENT CONSIDERATIONS (1) (34)
This Planned Community Development is a project of The Koll Company. This area is most
appropriate for commercial and light industrial uses, and residential where specifically permitted
therefore we submit the enclosed air traffic analysis, vehicular analysis, land use analysis and market
analysis to substantiate this document. Attached drawings indicate land use, grading and roads, storm
drains, water and sewer, topography and traffic analysis residential overlay zone, and pedestrian
connection diagram to Uptown Newport mixed-use development.
The site is comprised of approximately 154.0 acres and is generally bounded on the northeast by
Campus Drive, on the southeast by Jamboree Road and on the west by MacArthur Boulevard. (10)
(33)
In order to ensure development consistent with the master plan concept, a review shall be required.
Prior to the issuance of any building permits, a precise site development plan review application shall
be submitted by the developer to the Planning Community Development Director for review. The
precise plan application shall conform to the requirements of this Planned Community text and all
other applicable codes and regulations and shall be approved prior to submission by The Koll
Company. Included in the plan review material shall be:
1. Building Criteria
a. size
b. location
c. height
d. materials
e. number of residential units, if applicable
2. Parking Criteria
a. areas, including drives and accesses
b. quantity
c. size
3. Landscaped Areas
a. setbacks
b. walls
c. plazas
d. pools, fountains and/or other amenities
4. Signing Criteria
a. location
b. size
c. quantity
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3
5. All other information as required by the City or as directed by the Community
Development Director and as recommended below. Items 5a through 5e inclusive.
a. Sewage System Criteria
The sewer system in the vicinity of the lake should be revised to
conform to the following criteria:
1. All sewer lines should be located such that they will not be
under water even when the lake is at its maximum level.
2. Sewer lines shall be located in 15-foot wide (minimum)
easements and must be accessible to maintenance vehicles at
all times.
3. The depth of sewer lines should not exceed 15 feet, with the
possible exception of joining the existing system at MacArthur
Boulevard.
b. Pedestrian Circulation (34)
A pedestrian sidewalk system along the public streets shall be
constructed throughout the development. The adequacy of such system
shall be analyzed independently of any on-site pedestrian walkway
system proposed for a particular portion of the development. In
addition, connections between Uptown Newport and Koll Center
shall be consistent with the Integrated Conceptual Development
Plan.
c. Bicycle Circulation
A system of bicycle paths coordinated with the City's Master Plan of
Bicycle Trails and meeting the approval of the Community
Development Director and the Director of Parks, Beaches and
Recreation shall be developed and maintained within the planned
community.
d. Erosion Control
Landscaping plans shall incorporate provisions for Erosion Control on
all graded sites which will remain vacant for a considerable period of
time prior to commencement of building construction.
e. Traffic Considerations
i. Both MacArthur Boulevard and Jamboree Road shall be
widened to provide for 6 through lanes, double left turn lanes
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4
at all intersections, and free right turning lanes at all
intersections.
ii. Von Karman shall be widened at the intersection with
MacArthur Boulevard to provide 6 lanes.
iii. All streets on the site except for Von Karman shall be flared to
provide at least 5 lanes at intersections with peripheral streets.
iv. Birch Street shall be flared to 5 lanes at the intersection with
Von Karman.
v. Campus Drive shall be widened to provide dual left turn lanes
at Von Karman.
vi. Von Karman shall be improved for its full length from
MacArthur Boulevard to Campus Drive in conjunction with
initial development of areas which do not take primary access
from Campus Drive or Jamboree Road.
vii. Access rights to MacArthur Boulevard shall be dedicated to the
City except for the Birch Street and Von Karman Avenue
intersections. Consideration may be given to providing
additional access points at a later date if more detailed traffic
studies demonstrate the desirability of such additional access
points. Consideration shall be limited to right turn egress and
right and left turn ingress. (11)
viii. Traffic signals shall be constructed at the intersections of
MacArthur Boulevard with Birch Street and with Von Karman
Avenue when the latter two streets are opened. The developer
shall be responsible for 50% of the cost of the signal at Von
Karman and 50% of the cost of the signal at Birch Street.
ix. A traffic signal shall be constructed at the intersection of
Campus Drive and Jamboree Road in conjunction with the
initial stages of development. The developer shall be
responsible for 25% of the cost of the signal.
x. A traffic signal shall be installed at the intersection of Von
Karman and Birch Street, with the developer to be responsible
for 100% of the cost. Construction shall be scheduled so that
the signal will be completed not later than June 30, 1977. (8)
xi. A traffic signal shall be installed at the intersection of Von
Karman and Campus Drive, with the developer to be
responsible for 50% of the cost. Construction shall be
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scheduled so that the signal will be completed not later than
December 30, 1976. (8)
A traffic signal shall be installed at the intersection of Jamboree
Boulevard and Birch Street, with the developer to be
responsible for 50% of the cost. Construction shall be
scheduled so that the signal will be completed not later than
June 30, 1977. (8)
In order to accomplish the schedule for construction of these
two signals, a cooperative agreement may be entered into
between the developer and the City. The agreement shall
provide for the developer to advance the nondeveloper share of
the funding, if necessary; with provisions for reimbursement
by the City. The agreement may also provide for a credit to the
developer for funds advanced for the City's share of
construction costs for signals constructed elsewhere in the
project. (8)
xii. Provision for other traffic signals shall be investigated in
conjunction with the process of development at a later date.
xiii. Phasing of Development. 1,651,757 sq. ft. of development was
existing or under construction as of October 1, 1978. The
additional allowable development in the total approved
development plan is 1,058,863 sq. ft. Any further development
subsequent to October 1, 1978, in excess of 30% of the
additional allowable development, being 317,658 sq. ft., shall
be approved only after it can be demonstrated that adequate
traffic facilities will be available to handle that traffic generated
by the project at the time of occupancy of the buildings
involved. Such demonstration may be made by the
presentation of a phasing plan consistent with the Circulation
Element of the Newport Beach General Plan. (12)
f. Airport (2)
The following disclosure statement of the City of Newport Beach's
policy regarding the Orange County Airport shall be included in all
leases or subleases for space in the Planned Community Development
and shall be included in the Covenants, Conditions and Restrictions
recorded against the property.
Disclosure Statement (2)
The Lessee herein, his heirs, successors and assigns acknowledge that:
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6
i. The Orange County John Wayne Airport may not be able to
provide adequate air service for business establishments which
rely on such service;
ii. When an alternate air facility is available, a complete phase out
of jet service may occur at the Orange County John Wayne
Airport;
iii. The City of Newport Beach may continue to oppose additional
commercial air service expansion at the Orange County John
Wayne Airport;
iv. Lessee, his heirs, successors and assigns will not actively
oppose any action taken by the City of Newport Beach to phase
out or limit jet air service at the Orange County John Wayne
Airport.
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GENERAL NOTES REQUIREMENTS
Water within the planned community area is will be furnished by the Irvine Ranch Water District.
Prior to or coincidental with the filing of any tentative map or use permit, the developer shall submit
a master plan of drainage to the Director of Public Works.
The height of all buildings and structures shall comply with Federal Aviation Administration
Authority criteria.
Except as otherwise stated in this ordinance, the requirements of the zoning code, City of Newport
Beach, shall apply.
Whenever development regulations or standards of this planned community development
plan conflict with the regulations of the Newport Beach Municipal Code, the regulations
contained herein shall prevail. The Municipal Code shall regulate this development
whenever regulations are not provided within these district regulations. All words and
phrases used in this planned community development plan shall have the same meaning and
definition as used in the City of Newport Beach Municipal Code unless defined differently
within the Koll Center Planned Community Development Plan.
The contents of this supplemental text notwithstanding, no construction shall be proposed within the
boundaries of this planned community district except that which shall comply with all applicable
provisions of the City-adopted California Building Code, Fire Code, and the various mechanical
and electrical codes related thereto.
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DEFINITIONS
Advertising Surface:
The total area of the face of the structure, excluding supports.
Area of Elevation:
Total height and length of a building as projected to a vertical plane.
Building Line:
An imaginary line parallel to the street right-of-way line specifying the closest point from this street
right-of-way that a building structure may be located (except for overhangs, stairs and sunscreens).
Right-of-Way Line:
When reference is made to right-of-way line it shall mean the line which is then established on either
the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as the
ultimate right-of-way line for roads or streets.
Side and Front of Corner Lots:
For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and the
longest frontage facing the intersecting street is the side, irrespective of the direction in which the
structures face.
Sign:
Any structure, device or contrivance, electric or non-electric and all parts thereof which are erected or
used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering,
painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed,
pasted or otherwise fastened or affixed.
Commerce:
All those permitted uses as specified in Part II, Section II, Group I through VII, inclusive, in this text.
Commercial Land:
The site area upon which any or all commercial permitted uses would exist.
Site Area: (3)
The total land area of the land described in the use or other permit, including footprint lots.
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Special Landscaped Street:
Special landscaped streets are designated as MacArthur Boulevard, Jamboree Boulevard and Campus
Drive. The landscaping requirements for special landscaped streets and for the remaining streets are
described in the following text.
Streets - Dedicated and Private:
Reference to all streets or rights-of-way within this ordinance shall mean dedicated vehicular rights-
of-way. In the case of private or non-dedicated streets, a minimum setback from the right-of-way line
of said streets of ten (10) feet shall be required for all structures. Except for sidewalks or access drives,
this area shall be landscaped according to the setback area standards from dedicated streets contained
herein.
Driveway:
Vehicular access ways onto or within private property exclusive of streets, dedicated or private. A
minimum separation of five (5) feet shall be maintained between all driveways and buildings.
Footprint Lot: (3)
The area of land required for the building pad, encompassing the peripheral area of the building.
Appurtenant and contiguous to the footprint lot shall be all parking, landscape, setbacks and other
areas as described and required by this text.
Landscape Area: (4)
The landscape area shall include walks, plazas, water and all other areas not devoted to building
footprints or vehicular parking and drive surfaces. In calculating area of required landscaping any off-
site landscaping such as landscaped medians or parkways in street rights-of-way shall not be included.
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PART I. INDUSTRIAL – Deleted. (33)
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PART II COMMERCIAL
Section I. Site Area and Building Area
Group I PROFESSIONAL & BUSINESS OFFICES
Acreages shown are net buildable land area including landscape setbacks with property
lines. (4)
A. Building Sites (4)
Total Acreage Office Acreage
Site A 30.939 acres * (29) 30.939 acres *(29)
Site B 43.703 acres (11) 43.703 acres (11)
Site C 18.806 acres (10) 18.806 acres (10)
Site D 19.673 acres 19.673 acres
Site E 2.371 acres 2.371 acres
Site F 1.765 acres 1.765 acres
Site G 5.317 acres (8) 5.317 acres (8)
TOTAL 117.114 acres (8)(10)(11) 117.114 acres(8)(10)(11)
B. Allowable Building Area
Site A 366,147 square feet (16)(26)(29)(30)
Site B 977,720 square feet (13)(16)(28)(30)(32)
Site C 674,800 square feet (10)(15)
Site D 240,149 square feet (8)(13)
Site E 32,500 square feet (4)
Site F 42,646 square feet (4)(31)
Site G 45,000 square feet (8)
TOTAL 2,378,962 square feet (15)(*)(31)
C. Statistical Analysis (4)
The following statistics are for information only.
Development may include but shall not be limited to the following:
Story heights shown are average heights for possible development. The
buildings within each parcel may vary.
Assumed Parking Criteria:
a. One (1) space per 225 square feet of net building area @ 120 cars per
acre for Sites C, D, E, F and G.
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*(3)(4) In addition to 19.399 acres of office use, there is 9.54 acres for hotel and motel and
2.0 acres of lake within Office Site A. Therefore, there are 30.939 acres net within
Office Site A. (3)(4)(16)
b. One (1) space per 300 square feet of net building area @ 120 cars per
acre for Sites A, B and C. (11)
1. Site A
Allowable Building Area ....... 366,147 square feet (16)(26)(29)(30)
Site Area ...... 19.399 acres *(3)(4)(16)
a. Building Height Land Coverage (16)(29)(30)
Two story development ............... 4.20 acres
Three story development ............... 2.80 acres
Four story development ............... 2.10 acres
Five story development ............... 1.68 acres
Six story development ............... 1.40 acres
Seven story development ............... 1.20 acres
Eight story development ............... 1.05 acres
Nine story development ............... 0.93 acres
Ten story development ............... 0.84 acres
Eleven story development ............... 0.76 acres
Twelve story development ............... 0.70 acres
b. Parking Land Coverage
1,221 cars .............. 10.18 acres (11,16,29,30)
c. Landscaped Open Space (4, 11,16) Land Coverage (29,30)
Two story development ............... 5.02 acres
Three story development ............... 6.42 acres
Four story development ............... 7.12 acres
Five story development ............... 7.54 acres
Six story development ............... 7.80 acres
Seven story development ............... 8.02 acres
Eight story development ............... 8.17 acres
Nine story development ............... 8.29 acres
Ten story development ............... 8.38 acres
Eleven story development ............... 8.46 acres
Twelve story development ............... 8.52 acres
2. Site B
Allowable Building Area ......... 977,720 square feet (13,16,28,30)
Site Area ......... 43.703 acres (4) (11)
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a. Building Height Land Coverage (16,28,30,32))
Two story development ............... 11.22 acres
Three story development ............... 7.48 acres
Four story development ............... 5.61 acres
Five story development ............... 4.49 acres
Six story development ............... 3.74 acres
Seven story development ............... 3.21 acres
Eight story development ............... 2.81 acres
Nine story development ............... 2.49 acres
Ten story development ............... 2.24 acres
Eleven story development ............... 2.04 acres
Twelve story development ............... 1.87 acres
b. Parking Land Coverage
(11,13,16,28,30)
3,259 3,261 cars (34) ............... 27.16 acres
c. Landscaped Open Space (11) Land Coverage (11,13,16,28,30,32))
Two story development ............... 5.32 acres
Three story development ............... 9.06 acres
Four story development ............... 10.93 acres
Five story development ............... 12.05 acres
Six story development ............... 12.80 acres
Seven story development ............... 13.33 acres
Eight story development ............... 13.73 acres
Nine story development ............... 14.05 acres
Ten story development ............... 14.30 acres
Eleven story development ............... 14.50 acres
Twelve story development ............... 14.67 acres
3. Site C (10)
Allowable Building Area ......... 674,800 square feet (15) (17)*
Site Area ......... 18.806 acres (4)
a. Building Height Land Coverage (15)
Two story development ............... 7.75 acres
Three story development ............... 5.16 acres
Four story development ............... 3.87 acres
Five story development ............... 3.10 acres
Six story development ............... 2.58 acres
Seven story development ............... 2.21 acres
Eight story development ............... 1.94 acres
Nine story development ............... 1.72 acres
Ten story development ............... 1.55 acres
Eleven story development ............... 1.41 acres
Twelve story development ............... 1.29 acres
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b. Parking Land Coverage (15)
2,249 cars ............... 18.74 acres
* The square footage includes a maximum of 3,250 square feet for up to two (2)
restaurants, bars, or theater/nightclubs. Any portion or all of the floor area not utilized
for the purpose shall revert to professional and business office use. (17)
c. Landscaped Open Space Land Coverage (4)(15)
Two story development ............... -7.68 acres
Three story development ............... -5.09 acres
Four story development ............... -3.80 acres
Five story development ............... -3.03 acres
Six story development ............... -2.51 acres
Seven story development ............... -2.14 acres
Eight story development ............... -1.87 acres
Nine story development ............... -1.65 acres
Ten story development ............... -1.48 acres
Eleven story development ............... -1.34 acres
Twelve story development ............... -1.24 acres
4. Site D
Allowable Building Area ......... 240,149 square feet (8)(13)
Site Area ......... 19.673 acres (4)
a. Building Height Land Coverage(8) (13)
Two story development ............... 2.75 acres
Three story development ............... 1.84 acres
Four story development ............... 1.38 acres
Five story development ............... 1.10 acres
Six story development ............... 0.92 acres
Seven story development ............... 0.79 acres
Eight story development ............... 0.69 acres
Nine story development ............... 0.61 acres
Ten story development ............... 0.55 acres
Eleven story development ............... 0.50 acres
Twelve story development ............... 0.46 acres
b. Parking Land Coverage (8) (13)
1,067 cars ............... 8.89 acres
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c. Landscaped Open Space Land Coverage (4) (8) (13)
Two story development ............... 8.03 acres
Three story development ............... 8.94 acres
Four story development ............... 9.40 acres
Five story development ............... 9.68 acres
Six story development ............... 9.86 acres
Seven story development ............... 9.99 acres
Eight story development ............... 10.09 acres
Nine story development ............... 10.17 acres
Ten story development ............... 10.23 acres
Eleven story development ............... 10.28 acres
Twelve story development ............... 10.32 acres
5. Site E
Allowable Building Area ......... 32,500 square feet (4)
Site Area ......... 2.371 acres (4)
a. Building Height Land Coverage (4)
Two story development ............... 0.37 acres
Three story development ............... 0.25 acres
Four story development ............... 0.19 acres
Five story development ............... 0.15 acres
Six story development ............... 0.12 acres
Seven story development ............... 0.11 acres
Eight story development ............... 0.10 acres
Nine story development ............... 0.09 acres
Ten story development ............... 0.08 acres
Eleven story development ............... 0.07 acres
Twelve story development ............... 0.06 acres
b. Parking Land Coverage (4)
144 cars ............... 1.20 acres
c. Landscaped Open Space (4) Land Coverage
Two story development ............... 0.80 acres
Three story development ............... 0.92 acres
Four story development ............... 0.98 acres
Five story development ............... 1.02 acres
Six story development ............... 1.05 acres
Seven story development ............... 1.06 acres
Eight story development ............... 1.07 acres
Nine story development ............... 1.08 acres
Ten story development ............... 1.09 acres
Eleven story development ............... 1.10 acres
Twelve story development ............... 1.11 acres
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6. Site F (4)(31)
Allowable Building Area ......... 42,646 square feet
Site Area ......... 1.765 acres
a. Building Height Land Coverage
One story development ............... 0.98 acres
Two story development ............... 0.49 acres
Three story development ............... 0.33 acres
Four story development ............... 0.24 acres
Five story development ………..0.20 acres
Six story development …………0.16 acres
b. Parking Land Coverage
190 cars ............... 1.58 acres
c. Landscaped Open Space Land Coverage
One story development ............... <0.80> acres
Two story development ............... <0.31> acres
Three story development ............... <0.15> acres
Four story development ............... <0.06> acres
Five story development .................<0.02> acres
Six story development .............. <0.03> acres
7. Site G (8)
Allowable Building Area ......... 45,000 square feet
Site Area ......... 5.317 acres
a. Building Height Land Coverage
One story development ............... 1.03 acres
Two story development ............... 0.52 acres
Three story development ............... 0.34 acres
Four story development ............... 0.26 acres
b. Parking Land Coverage
200 cars ............... 1.67 acres
c. Landscaped Open Space Land Coverage
One story development ............... 2.62 acres
Two story development ............... 3.13 acres
Three story development ............... 3.31 acres
Four story development ............... 3.39 acres
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Building Height
Maximum building height shall not exceed twelve (12) stories above ground level, and shall
in no way exceed the height limits set by the Federal Aviation Administration Authority for
Orange County Airport.
Conclusions
The preceding figures indicate that within a fixed maximum density as the height of the
building increases the resulting open landscaped area also increases.
Group II. HOTEL & MOTEL (1)
A. Building Sites
For the purposes of this statistical analysis, 9.54 acres have been allotted for
hotel and motel development. This acreage is for statistical purposes only. It
is necessary to allot a specific acreage within this analysis to secure office
building densities within their specific parcels. Development may include but
shall not be limited to this acreage. The hotel and motel site size shall be
determined at the time a use permit is secured.
B. Building Height
Maximum building height shall not exceed height limits set by the Federal
Aviation Administration Authority for Orange County Airport.
Group III. COURT HOUSE
A. Building Site
Site 1: 7.80 acres ..................................... 7.80 acres
B. Building Area
Site 1: 90,000 square feet ........................ 90,000 square feet
The following statistics are for information only. Development may include but
shall not be limited to the following.
C. Parking
400 Cars ............................................................... 3.33 acres
D. Landscaped Open Space Land Coverage
Two story development ........................................ 3.44 acres
Three story development ...................................... 3.78 acres
Four story development ........................................ 3.95 acres
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Five story development ......................................... 4.06 acres
Six story development ........................................... 4.13 acres
E. Building Height
Maximum building height shall not exceed height limits set by the Federal
Aviation Administration Authority for Orange County Airport.
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Group IV. SERVICE STATIONS
A. Building Sites (4) (5) (11)
Site 3: 1.765 acres ................................... 1.765 acres
Service station site 3 shall be located within Office Site F and shall not exceed
1.765 acres in size. Any portion or all of Site 3 not utilized for service station
use shall revert to either professional and business office use or restaurant use.
(4)
Group V. RESTAURANTS (1) (4)
A. Building Sites
Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum
acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not
exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2
acres. (8)
(The following acreages are for information only.)
Site 1 Deleted see Group VII. .............. (18)
Site 2 .................................................... 1.25 acres
Site 3 .................................................... 1.765 acres
Site 4 Deleted......................................................(30)
Site 5 Deleted.................................................... (30)
Site 6 .................................................... 1.50 acres (8)
Site 7 .................................................... 0.70 acres (8)
5.215 acres ...........5.215 acres (30)
Site 1 Deleted see Group VII Private Club (18)
Site 2 (4101 Jamboree – Taco Bell) located within Office Site “B” (4)(16)(30)
Site 3 located within Office Site “F”. (4)
Site 4 (4300 Von Karman Avenue – Koto Restaurant) deleted and reverted
to Site B Professional and Business Office Allowable Building Area. (30)
Site 5 deleted from Office Site “B” and transferred to Office Site “A” as
Professional and Business Office Allowable Building Area (30)
Sites 6 and 7 located within Office Site “G”. (8)
Any portion or all of the restaurant, bar, theater/nightclub acreage for Sites 2,
4, 5, 6 or 7 not utilized for that purpose shall revert to professional and business
office use. Any portion or all of the restaurant acreage for Site 3 not utilized
for that purpose shall revert to either professional and business office use or
service station use. (4) (8) (18)
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The following statistics are for information only. Development may include but shall
not be limited to the following.
B. Building Area (4)(8) (30)
Site 2 ................ 2,397sq. ft. ...... 0.06 acres (30)
Site 3 ................ 10,000 sq. ft. ...... 0.22 acres
Site 4 ................ Deleted
Site 5 ................ Deleted
Site 6 (8) .......... 7,000 sq. ft. ...... 0.16 acres
Site 7 (8) .......... 3,000 sq. ft. ...... 0.07 acres
22,397 sq. ft. ...... 0.51 acres .......0.51 acres (8, 18, 30)
C. Parking
Criteria: 300 occupants/10,000 sq. ft.
1 space/3 occupants and 120 cars per acre.
Site 2 .......... 24 cars ............. 0.20 acres (30)
Site 3 .......... 100 cars ............... 0.84 acres
Site 4 .......... Deleted
Site 5 .......... Deleted
Site 6 (8) ... 70 cars ............... 0.58 acres
Site 7 (8) ... 30 cars ............... 0.25 acres
224 cars ............... 1.87 acres ....... 1.87 acres (8) (18)(30)
D. Landscaped Open Space (4) (30)
Site 2 .......... 0.99 acres (30)
Site 3 .......... 0.70 acres
Site 4 .......... Deleted
Site 5 .......... Deleted
Site 6 (8) .... 0.76 acres
Site 7 (8) .... 0.38 acres
2.83 acres ......................................... 2.83 acres (8) (18)(30)
E. Building Height
Building height of structures shall be limited to a height of thirty-five (35) feet.
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Group VI. RETAIL & SERVICE CENTER
A. Building Site (4) (5)
Site 1 .......... 5.026 acres
Site 2 Deleted (30)
5.026 acres ......................................... 5.026 acres (30)
Site 2 shall be located within Office Site “B.” Any portion or all of the retail and
service Site 2 acreage not utilized for that purpose shall revert to professional and
business office use. (4) (16)
Site 2 deleted from Office Site “B” and transferred to Office Site “A” as Professional
and Business Office Allowable Building Area. (30)
B. Allowable Building Area (5)
* Retail Site No. 1 .......... 120,000 sq. ft. (14)(27)
Retail Site No. 2 .......... Deleted (30)
* Retail Site No. 1 (sq. Ft.)
Parcel Existing Total
Parcel 1, R/S 588 (H) (H) 70,630
Parcel 3, R/S 506 (R) (R) 0
(O) (O) 22,000
Parcel 4, R/S 506 (R) 4,115 (R) 21,896
(O) 0 (O) 5,474
Subtotal (R) 12,315 (R) 21,896
(O) 0 (O) 27,474
(H) 70,630
Total 120,000 (14)(27)
(R) = Retail (O) = Office (H) = Hotel
C. Landscape Area (5)
Twenty-five (25) percent of the 5.026 acres constituting retail and service
center Site No. 1 shall be developed as landscape area.
If twenty-five (25) percent of the 5.026 acres constituting retail and service
center Site No. 1 is not developed as landscape area, a specific site plan shall
be submitted to the City of Newport Beach Planning Commission for approval
prior to the issuing of a building permit.
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D. Statistical Analysis (5)
The following statistics are for information only. Development may include
but shall not be limited to the following.
Assumed parking criteria: One (1) space per 200 square feet of net building
area at 120 cars per acre.
1. Site 1
Allowable Building Area .................................... 120,000 sq. ft. (14)(27)
Site Area ............................................................................. 5.026 acres
a. Building Height (14)
Two story development .......................................... 1.17 acres
Three story development ........................................ 0.78 acres
Four story development .......................................... 0.59 acres
Five story development ........................................... 0.47 acres
b. Parking (14)
460 cars ................................................................... 3.83 acres
c. Landscaped Open Space (14)
Two story development .......................................... 0.03 acres
Three story development ........................................ 0.87 acres
Four story development ......................................... 0.61 acres
Five story development .......................................... 0.73 acres
2. Site 2 Deleted (30)
E. Building Height
Building height of structures shall be limited to a height of thirty-five (35) feet
above mean existing grade as shown on Exhibit “B.” (5) Building height of
structures for Service Site 1 shall be limited to a height of sixty feet (27)
Group VII. PRIVATE CLUB (18)
A. Building Site
Site 1 .......................... 2.0 acres ....................................... 2.0 acres
Site 1 shall be located within Office Site “A.” Any portion or all of the private club
acreage not utilized for that purpose shall revert to professional and business office use.
1. Site 1
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Allowable Building Area ........................................45,000 square feet (26)
B. Building Height
Building height of structures shall be limited to a height of fifty (50) feet.
Section II. Permitted Uses
Group I. PROFESSIONAL AND BUSINESS OFFICES
To allow the location of commercial activities engaged in the sale of products or
services relating to and supporting the Development Plan, provided that such activities
are confined within a building or buildings.
A. Professional Offices similar in nature to but not limited to the following: (6)
1. Accountants
2. Attorneys
3. Doctors, dentists, optometrists, oculists, chiropractors and others
licensed by the State of California to practice the healing arts.
4. Engineers, architects, surveyors and planners.
B. Business Offices similar in nature to but not limited to the following: (6)
1. Advertising agencies
2. Banks
3. Economic consultants
4. Employment agencies
5. Escrow offices
6. Insurance agencies
7. Laboratories
a. Dental
b. Medical
c. X-Ray
d. Bio-chemical
e. Film, wholesale only
f. Optometrical
8. Stockbrokers
9. Studios for interior decorators, photographers, artists and draftsmen.
10. Telephone answering services
11. Tourist information and travel agencies
C. Hotel and Motel (1)
To allow for the location within Office Site “A” of a hotel or motel
development, subject to a use permit.
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D. Restaurants, bars and theater/nightclubs subject to the procedures, regulations
and guidelines set forth in Title 20 of the Newport Beach Municipal Code, in
each case. (1) (3) (4) (7) (25)
1. Deleted (18)
* 2. To allow within the 43.703 acres of Office Site “B” three (3) restaurant,
bar or theater/nightclub sites. (16)
3. To allow within the 18.806 acres of Office Site “C” up to two (2) restaurant,
bar or theater/nightclub sites with a total area not to exceed 3,250 square
feet. Specific location of these restaurants, bars or theater/nightclubs to be
determined at a later date. The permitted professional and business offices’
allowable building area for the site will be reduced accordingly. (17)
4. To allow within the 1.765 acres of Office Site “F” two (2) restaurant, bar
or theater/nightclub sites. Specific location of these sites to be determined
at a later date. All other acreage shall be adjusted and shall not increase or
decrease the professional and business offices allowable building area for
the site.
5. To allow within the 5.317 acres of Office Site “G” three (3) restaurant, bar
or theater/nightclub sites. Specific location of these sites to be determined
at a later date. All other acreage shall not increase or decrease the
professional and business offices’ allowable building area for the site. (8)
(25)
* E. Private Club (4) (18) (26)
To allow within Office Site “A” one (1) private club site at 4110 MacArthur
Boulevard.
F. Service Station (4)
To allow within Office Site “F” one (1) service station site. Specific location
to be determined at a later date. All other acreages shall be adjusted and shall
not increase or decrease the professional and business office allowable building
area for the site.
* (4) If restaurant, bar or theater/nightclub, or private club uses are developed, the allowable
building area for Office Site “B” shall be restricted by one of the following conditions:
1. The 963,849 square feet of allowable building area shall not increase or decrease so
long as twenty-five (25) percent of the 41.969 acres constituting Office Site “B” is
developed as landscaped area. (16)
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2. If twenty-five (25) percent of the 42.709 acres constituting Office Site “B” is not
developed as landscape area, the 963,849 square feet of allowable building area shall
be reduced by the gross building area of the restaurants, bars or theater/nightclubs
and/or private club. The allowable building area shall be further reduced by the
number of additional parking spaces required to support a restaurant, bar or
theater/nightclub, or a private club beyond what would be required for an equivalent
area of office use. The reduction shall be 225 square feet per additional space. (16)
G. Support Commercial (20)
The uses permitted under this section are of a convenience nature ancillary to
the operation and use of office facilities. These uses shall be in addition to
those sites permitted under Part II. Section II. Group V (Restaurants). These
uses shall not increase the allowable building area for Professional and
Business Office.
1. Retail sales and services including tobacco stores, card shops,
confectionery and newspaper stands, and other uses which, in the
opinion of the Planning Community Development Director, are of a
similar nature. Retail uses shall be located in the basement or on the
first floor of a building. Storage for such uses shall be within a building.
2. Restaurants, including outdoor restaurants and take-out restaurants,
bars or theater/nightclubs shall be permitted subject to the procedures,
regulations and guidelines set forth in Title 20 of the Newport Beach
Municipal Code, in each case. (25)
Group II. HOTEL & MOTEL (1)
Subject to a use permit.
Group III. COURT HOUSE
State, County and/or City Facilities.
Group IV. SERVICE STATIONS & MECHANICAL CAR WASH (4)
A. Service stations subject to the City of Newport Beach service station standards.
B. Mechanical car wash, subject to a use permit. Mechanical car wash shall only
be allowed in conjunction with or in lieu of a permitted service station use.
Group V. RESTAURANTS (7)
A. Restaurants, including outdoor, drive-in or take-out restaurants, bars and
theater/nightclubs, shall be subject to the procedures, regulations and
guidelines set forth in Title 20 of the Newport Beach Municipal Code, in each
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case. Facilities other than indoor dining establishments or those that qualify as
outdoor, drive-in or take-out establishments shall be subject to the City of
Newport Beach regulations covering drive-in and outdoor establishments. (25)
Group VI. RETAIL & SERVICE CENTER (1)
A. Permitted Uses
1. Restaurants, including outdoor, drive-in or take-out restaurants, bars
and theater/nightclubs, shall be permitted subject to the procedures,
regulations and guidelines set forth in Title 20 of the Newport Beach
Municipal Code, in each case, except as noted under "a" and "b" below.
(7) (25)
a. Restaurants, other than outdoor, drive-in or take-out
restaurants, shall be permitted subject to the procedures,
regulations and guidelines set forth in Title 20 of the Newport
Beach Municipal Code, in each case. (25)
b. Outdoor, drive-in or take-out restaurants shall be subject to the
procedures, regulations and guidelines set forth in Title 20 of
the Newport Beach Municipal Code, in each case. (25)
2. Barber shop and beauty parlor
3. Book and stationery store
4. Blueprinting and photostatics
5. Camera Shop
6. Delicatessen store
7. Florist
8. Shoe store or repair shop
9. Tailor
10. Tobacco store
11. Office equipment rentable and repair
12. Pharmacies
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13. Tourist information, travel agencies, and ticket reservation services, but
not to include any airline terminal services or facilities for the transport
of passengers, baggage, or freight. (1)
14. Athletic club or health clubs (5)
* 15. Professional and Business Offices (5)
16. Other uses similar to the above listed
17. Hotel subject to approval of a Use Permit (27)
Group VII. LODGE HALLS, PRIVATE CLUBS, ATHLETIC CLUBS, UNION
HEADUARTERS (1) (4) (18)
Subject to use permit.
Group VIII. AUTO DETAILING (19)
A. All drainage shall be into the sanitary sewer system.
B. That all car wash and auto detailing operations shall be conducted within a
covered area.
C. This service shall be designed to serve building tenants and their patrons and
guests, and shall be ancillary to the primary use.
Section III. General Development Standards for Commercial Land
A. Site Area
Minimum site area shall not be less than thirty thousand (30,000) square feet.
Footprint lots shall have all required appurtenant areas contiguous thereto and
the sum of these areas shall not be less than thirty thousand (30,000) square
feet. (3)
* To allow, in addition to the 2,320,600 square feet of professional and business office use
permitted elsewhere in the text, a maximum of 38,022 net square feet of professional and
business office use within Retail and Service Center Site 1. (5) (14)
Exception: (9)
The Planning Commission may authorize an exception to the
minimum site area. Application for any such exception shall be made at the
time of the filing of a tentative map by the applicant. In order for an exception
to be granted, the Planning Commission shall find the following facts with
respect thereto:
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1. That the granting of the exception will not be
detrimental to the public welfare or injurious to other property in the
vicinity.
2. That the Development Considerations and intent of this
planned Community Development Standards are substantially met.
B. Building Area
Maximum building area for professional and business offices
shall be as noted in Site Area and Building Area, Part II, Section I, Group 1.
C. Setbacks
All setbacks shall be measured from the property line. For the
purpose of this ordinance, a street side property line is that line created by the
ultimate right-of-way of the frontage street.
1. Front Yard Setback (10)
Thirty (30) feet minimum; except that
unsupported roofs or sunscreens may project six (6) feet into the
setback area. The setback for Site C from MacArthur Boulevard would
be at least thirty-six (36) feet except that unsupported roofs or sun-
screens any project six (6) feet into the setback.
2. Side Yard
Side yard setbacks will be required only when any one
of the following conditions exist:
a. Corner Lot: Thirty (30) feet (street side setback
only), except that unsupported roofs and sunscreens may
project three (3) feet into setback area.
b. Where property abuts other than commercially
zoned property, a ten (10) foot setback is required.
Unsupported roofs and sunscreens may project three (3) feet
into the setback area.
3. Rear Yard
None required except on a through-lot in which case the
required front yard setback shall be observed.
4. Footprint Lots (6)
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Except as required by the Uniform Building Code,
there shall be no additional setback requirements for buildings
within footprint lots. Provided, however, that buildings within
footprint lots shall be so located as to observe the setbacks from
streets and existing lot lines required under Part II, Section III,
C.1, 2 and 3.
D. Loading Areas
1. Street side loading on other than special landscaped
streets shall be allowed providing the loading dock is set back a
minimum of seventy (70) feet from the street right-of-way line, or one
hundred ten (110) feet from the street center line, whichever is greater.
Said loading area must be screened from view from adjacent streets.
E. Storage Areas
1. All outdoor storage shall be visually screened from
access streets, freeways and adjacent property. Said screening shall
form a complete opaque screen up to a point eight (8) feet in vertical
height, but need not be opaque above that point.
2. Outdoor storage shall be meant to include all company
owned and operated motor vehicles, with the exception of passenger
vehicles.
3. No storage shall be permitted between a frontage street
and the building line.
F. Refuse Collection Areas
1. All outdoor refuse collection areas shall be visually
screened from access streets, freeways and adjacent property. Said
screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a
frontage street and the building line.
G. Telephone and Electrical Service
All “on-site” electrical lines (excluding lines in excess of
12KV) and telephone lines shall be placed underground. Transformer
or terminal equipment shall be visually screened from view from streets
and adjacent properties.
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H. Pedestrian Access (1)
It is required of all developments in the commercial areas to
submit a plan of pedestrian access to the Community Development
Planning Department prior to the issuance of building permits. Said
plan will detail consideration for pedestrian access to the subject
property and to adjacent properties and shall be binding on subsequent
development of the property. The plan shall show all interior walkways
and all walkways in the public right-of-way, if such walkways are
proposed or necessary.
I. Parking
All parking shall be as specified in the General Parking
Requirements, Part III.
J. Signs
All signing shall be as specified in the General Sign
Requirements, Part IV.
K. Landscape
All landscaping shall be as specified in the General Landscape
Requirements, Part V.
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PART III. GENERAL PARKING REQUIREMENTS
Section I A. Adequate off-street parking shall be provided to accommodate all parking
needs for the site. The intent is to eliminate the need for any on-street parking.
Required off-street parking shall be provided on the site of the use served, or
on a contiguous site, or within three hundred (300) feet of the subject site.
Where parking is provided on other than the site concerned, a recorded
document shall be approved by the City Attorney and filed with the
Community Development Department Building and Planning Departments
and signed by the owners of the alternate site stipulating to the permanent
reservation of use of the site for said parking.
B. Parking requirements for specific sites shall be based upon the following
parking criteria. All parking shall be determined based upon building type and
the area within allotted to the following functions:
1. Business & Professional Offices
One (1) space for each 225 square feet of net floor area. The parking
requirement may be lowered to one (1) space for each 250 square feet
of net floor area upon review and approval of the modification
committee.
Company parking stalls shall not exceed twenty-five (25) percent of
the total number of required parking spaces. The number and design
of compact parking stalls shall be reviewed and approved by the
Planning Community Development Director. (11)
Exception: (11)
Parking Requirement for Business and Professional Office Buildings
based on Parking Pool. The parking requirements for office buildings
within a contiguous office site may be modified in accordance with the
following schedule when the net building area or areas served exceeds
100,000 square feet.
a. For the first 125,000 square feet, parking shall be provided at one
space per 250 square feet of net floor area.
b. For the next 300,000 square feet, parking shall be provided at one
space per 300 square feet of net floor area.
c. Any additional floor area, parking shall be provided at one space
per 350 square feet of net floor area.
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d. For pools based on more than 425,000 square feet of net floor
area, the Planning Commission may modify the parking formula
by use permit, based on a demonstrated formula.
2. Medical & Dental Offices
Five (5) spaces for each doctor or one (1) space for each 200 square
feet of gross floor area, whichever is greater.
3. Manufacture, Research and Assembly - Deleted. (33)
4. Warehouse - Deleted. (33)
5. Lodge Halls, Private Clubs, Athletic Clubs, Union Headquarters (1) (4)
(5)
a. One (1) space for each 75 square feet of gross floor area plus one
(1) space for each 250 square feet of gross office floor area.
b. Specific parking requirements shall be developed for private
clubs or athletic clubs based upon functions and occupancies
within this use. Parking shall be in conformance to existing City
of Newport Beach requirements for said occupancies or at a
demonstrated formula agreeable to the Planning Community
Development Director. (4) In the event that private clubs or
athletic clubs are converted to another use, parking requirements
for the new use shall be subject to review by the Planning
Community Development Director. (5)
6. Restaurants, Bars or Theater/Nightclubs, Outdoor, Drive-In and Take-Out
Restaurants (7)
a. Restaurant, bar or theater/nightclub parking shall be in
accordance with Title 20 of the Newport Beach Municipal Code,
except as noted under “b” and “c” below.
* b. Restaurants, other than outdoor, drive-in or take-out restaurants,
within retail and service centers shall provide one (1) space for
each 200 square feet of net floor area and one (1) loading space
for each 10,000 square feet of gross floor area, to the extent that
the net floor area of all restaurants does not exceed twenty (20)
percent of the net floor area of the retail and service center. In
the event that any restaurant causes the total of all restaurant uses
in the retail and service center to exceed the twenty (20) percent
limitation noted above, that entire restaurant and any subsequent
restaurants shall provide parking as noted under “a” above.
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c. Parking for outdoor, drive-in and take-out restaurants shall be
provided in accordance with Section 20.53.060 of the Newport
Beach Municipal Code.
7. Commercial Retail and Service Center (5)
One (1) space for each 200 square feet of net floor area. One (1)
loading space for each 10,000 square feet of gross floor area.
Professional and business office parking shall be provided per Part III,
Section I.B.1. Athletic or health club parking shall be provided per Part
III, Section 1.B.5b.
8. Hotels and Motels
One (1) space for each guest unit plus employees’ parking on a
demonstrated formula. Parking for restaurants, bars, banquet rooms,
retail shops or service stores shall be as specified in the above
applicable section or on a demonstrated formula acceptable to the
Planning Community Development Director.
* Professional and business office net floor area shall be included in this provision.
Athletic and health club net floor area shall be excluded from this provision. (5)
9. Court House
Specific parking requirements shall be developed based upon functions
and occupancies within this zone. Parking shall be in conformance to
existing City of Newport Beach requirements for said occupancies, or
at a demonstrated formula agreeable to the Planning Community
Development Director.
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PART IV. GENERAL SIGN REQUIREMENTS
Section I. Sign Standards
A. Signs visible from the exterior of any building may be lighted, but no
signs or any other contrivance shall be devised or constructed so as to
rotate, gyrate, blink or move in any animated fashion.
B. Signs shall be restricted to advertising only the person, firm, company
or corporation operating the use conducted on the site or the products
sold thereon.
C. A wall sign with the individual letters applied directly shall be
measured by a rectangle around the outside of the lettering and/or the
pictorial symbol and calculating the area enclosed by such line.
D. All signs attached to the building shall be surface mounted.
Group I. PERMANENT IDENTIFICATION SIGNS
A. Ground Signs
Ground signs shall not exceed four (4) feet above grade in vertical
height. Also, ground signs in excess of one hundred and fifty (150)
square feet in area (double face) shall not be erected in the first twenty
(20) feet, as measured from the property line, of any street side setback.
Said sign shall not exceed a maximum area of two hundred (200)
square feet.
B. Wall Signs
In no event shall an identification sign placed on a wall comprise more
than ten (10) percent of the area of the elevation upon which the sign is
located. Said signs shall be fixture signs. Signs painted directly on the
surface of the wall shall not be permitted.
1. The following exceptions apply to industrial zoning only. In the
instance of a multiple tenancy building, each individual
industry may have a wall sign over the entrance to identify the
tenant. Said sign shall give only the name of the company and
shall be limited to six (6) inch high letters. Said signs must be
oriented toward the parking or pedestrian area for that building
and shall not exceed a maximum area of five (5) square feet.
2. Fascia mounted identification signs limited to two (2) facades
for each building and structure.
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No sign shall exceed an area equal to one and one-half (1 1/2)
square feet of sign for each one (1) foot of lineal frontage of the
building or store. However, no sign shall exceed two hundred
(200) square feet in area per face.
3. The following exceptions apply to Professional and Business
Offices and Retail and Service Center uses only. In the instance
of a multiple tenancy building, each individual ground floor
business may have signing in addition to permitted Building
Identification signs. (6)
Each individual ground floor business shall be limited to one
(1) sign per frontage not to exceed two (2) signs per business.
Said signs shall not be located above the ground floor fascia.
No sign shall exceed an area equal to ten (10) percent of the
business face upon which it is located. However, no sign shall
exceed thirty-five (35) square feet in area. (6).
In no event shall there be more than three (3) permitted ground
floor wall signs per building for Professional and Business
Offices. (6)
C. Pole Signs
One (1) identification pole sign per site will be allowed for the
following commercial businesses only:
a. Restaurant
b. Cocktail lounge and/or bar
c. Hotel
If a pole sign is utilized, it shall be in lieu of other identification signs
allowed by ordinance. Pole signs shall be limited to a maximum height
of twenty (20) feet and a maximum area of fifty (50) square feet per
face, double faced.
Group II. TEMPORARY IDENTIFICATION SIGNS
A. The following signs shall conform to all requirements for “Ground
Signs,” Section I, Group I, Item A with General Sign standards above
unless specifically limited below.
1. Sale or Lease Sign
A sign, advertising the sale, lease or hire of the site shall be
permitted in addition to the other signs listed in this section.
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Said sign shall not exceed a maximum area of forty (40) square
feet.
2. Construction Sign
One (1) construction sign denoting the architects, engineers,
contractor, and other related subjects, shall be permitted upon
the commencement of construction. Said sign shall be
permitted until such time as a final inspection of the building(s)
designates said structure(s) fit for occupancy, or the tenant is
occupying said building(s), whichever occurs first. Said sign
shall not exceed a maximum area of forty (40) square feet.
3. Future Tenant Identification Sign
A sign listing the name of future tenant, responsible agent or
realtor, and identification of the industrial complex shall be
permitted. Said sign will be permitted until such time as a final
inspection of the building(s) designates said structure(s) fit for
occupancy or tenant is occupying said building(s), whichever
occurs first. Said sign shall not exceed a maximum area of forty
(40) square feet.
4. Directional Signs
Signs used to give directions to traffic or pedestrians or give
instructions as to special conditions shall not exceed a total of
six (6) square feet (double face) in area and shall be permitted
in addition to the other signs in this section.
5. Exceptions
Group II.A.1, 2 and 3: this information may be grouped on a
single sign when the aggregate surface area does exceed the
summation of the individual areas for each use. This area may
be distributed on all surfaces of the sign. This sign may not
exceed four (4) feet above grade.
Group III. SPECIAL PURPOSE SIGNS
A. The following permanent signs shall be permitted.
1. Permanent Directional Sign
Signs used to give directions to traffic or pedestrians as to
special conditions shall not exceed a total of six (6) square feet
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in area per face, double faced and shall be permitted in addition
to other signs permitted in these standards.
2. Community Directional and/or Identification Sign
Permanent directional and identification signs, not exceeding
two hundred fifty (250) square feet (per face), shall be
permitted but subject to use permit.
Section II. Sign Area
A. Industrial - Deleted. (33)
B. Industrial Support Facilities and – Deleted. (33) Business and
Professional Offices (33)
The following shall apply to Permitted Uses, Part I, Section III.
No sign shall exceed an area equal to one and one-half (1 1/2) square
feet of sign for each one (1) foot of lineal frontage of the building.
However, no sign shall exceed two hundred (200) square feet in area
per face.
C. Commercial
The following shall apply to Permitted Uses, Part II, Section II, Groups
II, III, V and VI.
Building identification shall be limited to a single entity. Building
identification signs shall have an area not to exceed one and one-half
(1 1/2) square feet of surface for each one (1) foot of lineal frontage of
building. However, no sign shall exceed two hundred (200) square feet
per face. Building identification signs shall be limited to two (2)
facades.
D. Business and Professional Offices
The following shall apply to Permitted Uses, Part II, Section II, Group
I.
Building identification shall be limited to a single entity. Building
identification signs shall have an area not to exceed one and one-half
(1 1/2) square feet of surface for each one (1) foot of lineal frontage of
building. However, no sign shall exceed two hundred (200) square feet
per face. Building identification signs shall be limited to two (2)
facades.
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Section III. Maintenance
All signs indicated in this section shall be maintained in a neat and orderly
fashion. Periodic inspection shall be made as directed by the Planning
Community Development Director, City of Newport Beach or his designated
agent.
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PART V. GENERAL LANDSCAPE STANDARDS
Section I. General Statement (1)
Detailed landscape and irrigation plans, prepared by a registered Architect or
under the direction of a Landscape Architect, shall be submitted to and
approved by the Planning Community Development Director and the
Director of Parks, Beaches and Recreation prior to issuance of a building
permit and installed prior to issuance of Certificate of Use and Occupancy.
Landscape in the public right-of-way shall be installed per plans and
specifications approved by the Parks, Beaches and Recreation Director and in
accordance with Parks, Beaches and Recreation Standards.
All landscaping in this section shall be maintained in a neat and orderly fashion.
Periodic inspections will be made as directed by the Planning Community
Development Director and reports submitted with regard to the condition of
maintenance. If suggestions of improvement are made, and are in the realm of
the Maintenance Standards, the work shall be corrected within thirty (30) days
of receipt of the report.
A. Maintenance
1. All planting areas to be kept free of weeds and debris.
2. Lawn and ground covers to be kept trimmed and/or mowed
regularly.
3. All plantings to be kept in a healthy and growing condition.
Fertilization, cultivation and tree pruning are to be carried out
as part of regular maintenance.
4. Irrigation systems are to be kept in working condition.
Adjustment and cleaning of system should be a part of regular
maintenance.
5. Stakes, guys and ties on trees should be checked regularly for
correct function; ties to be adjusted to avoid creating abrasions
or girdling to the stems.
6. Damage to plantings created by vandalism, automobile or acts
of nature shall be corrected within thirty (30) days.
B. Front Yard Setback Area
1. General Statement
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Landscaping in these areas shall consist of an effective
combination of street trees, trees, ground cover and shrubbery.
All unpaved areas not utilized for parking shall be landscaped
in a similar manner. Full coverage of ground cover to be
expected in a minimum of three (3) months.
2. Special Landscaped Street
The entire area between the curb and the building setback line
shall be landscaped, except for any driveway in said area. Tree
size to be no less than 24-inch box.
3. Other Streets
The entire area between the curb and a point ten (10) feet back
in the front property line shall be landscaped except for any
driveway in said area. Tree size to be no less than 24 inch box.
C. Side Yard and Rear Yard
1. General Statement
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and/or shrub and tree
materials.
2. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition, but need not be
landscaped.
3. Screening
Areas used for parking shall be screened from view or have the
view interrupted by landscaping and/or fencing from access
streets, freeways and adjacent properties. Plant materials used
for screening purposes shall consist of lineal or grouped masses
of shrubs and/or trees of a sufficient size and height to meet this
requirement when initially installed.
4. Boundary Areas
Boundary landscaping is required on all interior property lines.
Said areas shall be placed along the entire length of these
property lines or be of sufficient length to accommodate the
number of required trees. Trees, equal in number to one (1)
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tree per twenty-five (25) lineal feet of each property line, shall
be planted in the above defined areas in addition to required
ground cover and shrub material. Minimum width of property
line landscaping shall be three (3) feet.
5. All landscaped areas shall be separated from adjacent vehicular
areas by a wall or curb, at least six (6) inches higher than the
adjacent vehicular area.
D. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls, shall
be provided in the parking area. Planting area around building shall
not be included in parking area. Planting of trees may be in groups and
need not necessarily be in regular spacing.
E. Sloped Banks
All sloped banks greater than 5 to 1, or six (6) feet in vertical height
and adjacent to public right-of-way shall be stabilized, planted and
irrigated with full coverage in accordance with plans submitted and
approved by Planning Community Development Director.
F. Loading Areas
1. Street side loading on other than special landscaped streets,
shall be allowed providing the loading dock is set back a
minimum of seventy (70) feet from the street right-of-way line
or one hundred ten (110) feet from the street center line,
whichever is greater. Said loading area must be screened from
view from adjacent streets.
G. Storage Areas
1. All outdoor storage shall be visually screened from access
streets, freeways and adjacent property. Said screening shall
form a complete opaque screen up to a point eight (8) feet in
vertical height but need not be opaque above that point.
2. Outdoor storage shall be meant to include all company owned
and operated motor vehicles, with the exception of passenger
vehicles.
3. No storage shall be permitted between a frontage street and the
building line.
H. Refuse Collection Areas
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1. All outdoor refuse collection areas shall be visually screened
from access streets, freeways and adjacent property. Said
screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a frontage
street and the building line.
3. Minimum width for landscaping shall be three (3) feet around
refuse collection areas.
I. Telephone and Electrical Service
All “on-site” electrical lines (excluding lines in excess of 12 KV) and
telephone lines shall be placed underground. Transformer or terminal
equipment shall be visually screened from view from streets and
adjacent properties, or an approved method of display.
J. Pedestrian Access (1)
It is required of all developments in the commercial areas to submit a
plan of pedestrian access to the Community Development Department
prior to the issuance of building permits. Said plan will detail
consideration for pedestrian access to the subject property and to
adjacent properties, and shall be binding on subsequent development
of the property. The plan shall show all interior walkways and all
walkways in the public right-of-way, if such walkways are proposed or
necessary.
K. Landscape Plant Vocabulary (1)
It is the intent of this standard to provide flexibility and diversity in
plant selection yet maintain a limited variety to give greater unity to the
development. At the direction of the Director of Community
Development and the Director of Parks, Beaches and Recreation,
material lists and a street tree master plan shall be developed to aid in
this development.
All trees occurring in the ten (10) foot setback shall be no less than 24
inch box. The parking lot trees shall be no less than fifteen (15) gallon
size.
Shrubs to be planted in containers shall not be less than one (1) gallon
size. Ground covers will be planted from one (1) gallon containers or
from root cuttings.
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Every effort should be made to avoid using plants with invasive and
shallow root systems with fruit that would stain paving or automobiles.
L. Earth berms shall be rounded and natural in character, designed to
obscure automobiles and to add interest to the site. In cases where the
ratio of width and height of berm creates a bank greater than 3 to 1,
shrubs or walls can be used as shown in illustration (b) (c). Wheel stops
shall be so placed that damage to trees, irrigation units and shrubs is
avoided.
M. Trees in parking lots should be limited in variety. Selection should be
repeated to give continuity. Regular spacing is not required and
irregular groupings may add interest. Care should be exercised to allow
plants to grow and maintain their ultimate size without restriction.
N. Storage areas are to be provided with an opaque screen up to a point of
eight (8) feet in vertical height. Combination of plantings can be used
to further soften hard materials and give continuity to planting.
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PART VI. RESIDENTIAL OVERLAY (34)
Section I. Applicability and Purpose
A. Applicability. The Residential Overlay applies to an area within
Office Site B as shown on Exhibit F.
B. Purpose. The purpose of the overlay is to provide use and
development standards for the development multiple-family
residential development and its ancillary uses in Professional and
Business Office Site B.
Section II. Site Area
Site Area: 3.41 acres.
Section III. Density and Intensity
A. Density. The total maximum allowed number of residential units
is 260, exclusive of any density bonus units.
B. Commercial Intensity. The maximum allowed non-residential
floor area shall be as specified by corresponding base
commercial site regulations. There is no minimum amount of
commercial area that must be provided within the residential
overlay.
Section IV. Permitted Uses
A. Multi-unit residential development, subject to Site Development
Review pursuant to Newport Beach Municipal Code (NBMC)
Chapter 20.52 (Permit Review Procedures).
B. Any commercial use deemed to support residential or allowed
commercial uses pursuant to the applicable Koll Center Newport
commercial site regulations as determined by the Community
Development Director.
C. Any commercial or residential accessory uses pursuant to Title 20
of the Newport Beach Municipal Code.
Section V. Affordable Housing
A. An Affordable Housing Implementation Plan (AHIP) shall be
prepared and submitted with any site development review
application seeking approval of a residential development within
the PC District. The AHIP shall clearly demonstrate how the
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proposed residential development project will meet the
affordability requirements of this PCDP and any applicable
provisions of the State Density Bonus Law and the Newport Beach
Municipal Code. The AHIP shall specify eligible income
categories, the amount of the requested density bonus, any
concession/incentives requested, and any development standards
waivers or modifications sought and justifications for said
concessions/incentives or development standard relief.
B. Density bonuses/incentives or development standard concessions
shall be provided pursuant to NBMC Chapter 20.32 and
California Government Code Section 65915 et seq.
Section VI. Development Standards
A. Building Height
1. Maximum height of structures shall be 75 feet. No
building or any portion of any structure, architectural
feature or mechanical equipment shall exceed 75 feet as
measured from the established grade for the purpose of
measuring structure height pursuant to NBMC Section
20.30.050 (Grade Establishment).
2. Buildings and structures shall not penetrate Federal
Aviation Regulation (FAR) Part 77, Obstruction—
Imaginary Surfaces, for John Wayne Airport unless
approved by the Airport Land Use Commission (ALUC)
and determined not to be a hazard to air navigation by
the Federal Aviation Administration.
3. In compliance with FAR Part 77, applicant proposing
building or structure that penetrate the 100:1 Notification
Surface shall file a Form 7460-1, Notice of Proposed
Construction or Alteration with the Federal Aviation
Administration. A copy of the FAA application shall be
submitted to the ALUC and the applicant shall provide
the City with FAA and ALUC responses.
B. Building Setbacks
1. Above grade residential buildings shall be setback 10 feet
from property lines. Private balconies may encroach up to
four feet into the required setback areas.
2. Fully subterranean parking structures may be located in
any setback area.
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C. Parking
1. Residential: 2 covered spaces per dwelling unit, plus 0.5
space per dwelling unit for guest parking. Parking for
density bonus projects shall be consistent with NBMC
Section 20.32.040 or Government Code Section 65915 et
seq.
2. All Other Uses: Refer to NBMC Chapter 20.40 (Off-Street
Parking).
3. Enclosed or Structured Parking Enclosed or structured
parking shall be screened by building elements or exterior
landscaping to soften their exterior appearance. Uniform
interior and exterior lighting for comfort, convenience and
security shall be provided. Light standards on the roof of
the parking structure shall not exceed 25 feet in height from
the driving and parking surface. Stairways within any free-
standing parking structure shall be designed to be
completely visible from either the interior or exterior or
both, unless mandated by the Building Code to be enclosed.
D. Circulation
1. The site shall be designed to provide and enhance
pedestrian and vehicular circulation within Professional
and Business Office Site B connecting the residential
development to existing office buildings and
improvements with the goal of creating a well-connected,
pedestrian-friendly environment.
2. A privately-maintained street (“internal street”)
connecting Von Karman Avenue and Birch Street shall
be provided. The internal street shall be open to the public
at all times and shall provide convenient pedestrian and
vehicular access for all users of the site including
emergency vehicles.
3. At least three pedestrian connections, as generally shown
on Exhibit G, connecting residential development within
the residential overlay to the Uptown Newport Planned
Community shall be provided and maintained by the
property owner or its assignee. The pathway connections
shall be improved with sidewalks and canopy trees and
may include enhanced pavement, seating areas or other
amenities to create a convenient, safe and pleasant
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walkway subject to the review and approval of the
Community Development Director. All pedestrian
connections shall be improved and inspected by the
Community Development Department prior to issuance
of a Certificate of Occupancy for future residential
buildings.
E. Loading and Refuse Areas
1. Loading areas shall be provided in curb-side pullouts
along the spine street and/or within the residential
building footprints. Loading areas shall be designed to
accommodate moving, delivery and refuse collection
vehicles without blocking streets, driveways, parking
areas, or emergency access. Loading areas shall be clearly
marked and maintained.
2. Refuse collection areas shall be located within the parking
garage or within enclosed structures such that the interior
of these areas is concealed from view. Refuse collection or
service vehicles shall utilize the designated loading areas
provided by Section VI(E)(1).
F. Landscaping
1. Landscaping and irrigation systems shall be installed and
maintained in compliance with an approved landscape
and irrigation plan.
2. Landscaped areas shall be kept free of weeds, debris, and
other undesirable materials. Landscaping shall be
designed and maintained to not to interfere with traffic
safety visibility areas.
3. Landscape areas shall incorporate drought tolerant and
non-invasive plantings and shall conform with applicable
energy requirements as specified in Title 24 of the
California Code of Regulations.
G. Signs
1. Refer to Part IV General Signage Requirements.
2. A comprehensive sign program may be prepared if an
applicant wishes to deviate from the sign standards
identified herein. Comprehensive sign programs shall be
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submitted for review and consideration in accordance with
the provisions of the NBMC Chapter 20.42.
H. Outdoor Lighting
1. Outdoor lighting shall comply with NBMC Section
20.30.070.
2. Detailed lighting plans and a photometric analysis shall
be prepared by qualified professionals and shall be
submitted for review and approval by the Community
Development Director prior to the issuance of a building
permit. All lighting shall be installed and inspected by the
Community Development Department prior to issuance
of the final Certificate of Occupancy.
3. Security lighting shall be provided throughout
development within the overlay.
4. Lighting shall be properly maintained by the property
owner. Any damaged or non-operational fixtures or
lighting elements shall be replaced and made operational
within a reasonable amount of time.
I. Recreation Amenities
1. On-site recreational amenities accessible to all residents
and their guests shall be provided in the residential
building. A minimum of forty-four (44) square feet of
area per dwelling unit shall be provided consistent with
General Plan Land Use Policy LU 6.15.16. Recreational
amenities may include, but are not limited to the
following:
a. Private Balconies
b. Swimming pools and spas
c. Exercise facilities
d. Multi-purpose/club rooms
e. Passive gathering spaces (garden and roof terraces)
f. Dog washing room
g. Bike shop
h. Other amenities deemed appropriate by the
Community Development Director and property
owner.
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J. Buffering and Screening
1. General Requirements. Mechanical equipment shall be
located so that the impact of noise on residential uses within
the development and on adjacent nonresidential uses is
minimized to the greatest extent feasible. Screening shall be
maintained in good condition at all times. Landscaping
used as screening shall provide a dense, year-round screen.
2. Roof-mounted Mechanical Equipment and
Appurtenances. Roof-mounted mechanical equipment and
appurtenances may not be visible in any direction (360
degrees) from a public right-of-way or adjacent property,
as may be seen from a point six feet above ground level.
Methods of screening may include mechanical roof wells
recessed below the roof line or by solid and permanent roof-
mounted screens. Screening must be compatible with the
architectural style, materials, and color of the building on
which the equipment is located. No setbacks are required
for rooftop mechanical equipment or appurtenances.
3. Ground-mounted Mechanical Equipment. Ground-
mounted mechanical equipment shall be screened from
public rights-of-way and/or adjacent property as seen from
a point six feet above ground level. Methods of screening
may include fences, walls, solid hedges, or other similar
methods. Chain link fencing shall not be permitted.
K. John Wayne Airport Proximity
1. Interior Noise Attenuation. The interior ambient noise level
of all new residential dwelling units shall meet applicable
standards of the City’s Community Noise Ordinance
(NBMC Section 10.26.030). An acoustical analysis report,
prepared by an acoustical engineer, shall be submitted
describing the acoustical design features of the structure
that will satisfy and meet the applicable interior noise
standard. The residential units shall be constructed, and
noise attenuated in compliance with the report.
2. Notification to Residents. A written disclosure statement
shall be prepared prior to rental of every residential unit.
The disclosure statement shall indicate that the occupants
will be living in an urban environment in proximity to
John Wane Airport and that noise, odor, air quality,
outdoor activity levels, etc. may be different or higher
than typical suburban residential areas. The disclosure
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statement shall include a written description of the
potential impacts to residents of both the existing
environment and potential impacts based upon the
allowed uses in the vicinity. Each and every renter shall
sign the statement acknowledging that they have received,
read, and understand the disclosure statement. The
project applicant shall covenant to include within all
contracts conveying any interest in a residential unit
within the residential building (1) the disclosure and
notification requirement as stated herein; (2) an
acknowledgment by all lessees that the property is located
within an urban type of environment and that the noise,
odor, air quality, outdoor activity levels, etc. may be
different or higher than typical suburban residential
areas; and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport
Beach.
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PART VII. PUBLIC PARK OVERLAY (34)
Section I. Applicability and Purpose
A. Applicability. The Public Park Overlay applies to an area within
Professional and Business Office Site B as shown on Exhibit F.
B. Purpose. The purpose of the overlay is to provide for the orderly
development, maintenance and use of a public park within
Professional and Business Office Site B if a multiple-family
residential project is developed within the Residential Overlay
pursuant to Part VI.
Section II. Site Area
A. A minimum of 1.10 acres shall be dedicated in fee to the City of
Newport Beach if a multiple-family residential project is
developed within the Residential Mixed-Use Overlay pursuant to
Part VII.
B. The area excludes driveways and parking areas.
Section III. Allowed Uses and Activities
A. Any uses and activities allowed and regulated by NBMC
Chapter 11.04.
B. Any activities permitted pursuant to a Special Event Permit
pursuant to NBMC Chapter 11.03.
Section IV. Park Design and Amenities
A. The public park may include the following amenities:
1. Dog park
2. Seating & social gathering spaces with outdoor furniture
3. Shade structures
4. Multi-purpose lawn
5. Landscaped open spaces including shade trees provided
they do not interfere with Fire Department Access
6. Bocce court or similar activity
7. Other active or passive recreational amenities as
determined appropriate and necessary by the Parks
Beaches and Recreation Commission or Recreation and
Senior Services Director.
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C. The design, amenities and regulations applicable to the public
park shall be subject the review of the Parks Beaches and
Recreation Commission and the approval of City Council.
D. Landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing,
trimming and maintenance. Irrigation systems shall be
routinely inspected and maintained. The park shall be kept free
of weeds, debris and other undesirable materials.
E. Notice Posted. The public park shall be posted with notification
signs to alert users of the proximity to John Wayne Airport and
the presence of operating aircraft.
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PART VII VII. FOOTNOTES
(1) Planned Community text revision incorporating Planning Commission revisions and
conditions of approval.
(2) Planned Community Text revision incorporating City Council conditions of approval
as adopted by the city of Newport Beach. (Amendment No. 313, adopted August 14,
1972).
(3) Planned Community Text revision July 6, 1973 incorporating the addition of footprint
lots and the addition of two (2) restaurant sites within Office Site “A”. (Amendment
No. 381, adopted August 2, 1973).
(4) Planned Community Text revision (Amendment No. 420, adopted February 7, 1974)
incorporating the following changes:
a. Revised Planned Community Text site acreage figures to conform to the
recorded tract map.
b. Revised Exhibit “A” (land use map) to conform to recorded tract map.
c. Changed the size of Office Site “E” and created one parcel of land comprised
of Restaurant Site No. 3, Service Station Site No. 3 and the residual of Office
Site “C”. This new site is designated as Office Site “F”.
d. Revised Retail and Service Site No. 2 from a specific location to a floating
location within Office Site “A”.
e. Added mechanical car wash subject to a use permit as a permitted use on the
service station sites.
f. Added private clubs or athletic clubs as a permitted use on Office Site “B”.
g. Made provisions for three (3) additional restaurant sites, two sites within Office
Site “B: and one site within Office Site “F”.
(5) Planned Community Text revision (Amendment No. 430, adopted June 10, 1974)
incorporating the following changes:
a. Eliminated Service Station Site No. 2.
b. Added health or athletic club as a permitted use within the Retail and Service
Center sites.
c. Added Professional and Business Office as a permitted use within the Retail
and Service Center sites.
d. Added a minimum twenty-five (25) percent landscape requirements or site plan
approval by the Planning commission to the development requirements of
retail Site No. 1.
(6) Planned Community Text revision (Amendment No. 444, adopted May 15, 1975)
incorporating the following changes:
a. Clarified the setback requirements for buildings within footprint lots.
b. Clarified Professional and Business Office permitted uses.
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c. Added signing provision for ground floor businesses in multi-tenant building.
(7) Planned Community Text revision (Amendment No. 451, adopted September 8, 1975)
incorporating the following changes:
a. Added the requirement that all restaurants shall be subject to the securing of a
use permit with the exception of certain restaurant uses within Retail and
Service Centers.
(8) Planned Community Text revision (Amendment No. 466, adopted June 28, 1976)
incorporating the following changes:
a. Changed the size of Light Industrial Site No. 2.
b. Created Professional and Business Office Site “G”.
c. Made provisions for two (2) restaurant sites within Office Site “G”.
d. Reduced the allowable building area of Office Site “D”.
e. Amended the construction timetable for traffic signals.
(9) Planned community Text revision (Amendment No. 475, adopted January 10, 1977)
incorporating the following changes:
a. Established guidelines for an exception to the minimum site area.
(10) Planned Community Text revision (Amendment No. 505, adopted July 11, 1978)
incorporating the following changes:
a. Increased the site area of Professional and Business Office Site
“C”.
b. Increased the allowable building area of Professional and Business Office Site
“C”.
(11) Planned Community Text revision (Amendment No. 508, adopted August 28, 1978)
incorporating the following changes:
a. Made provision for consideration of additional left turn ingress from
MacArthur Boulevard.
b. Eliminated Service Station Site No. 1 and added the land area to Professional
and Business Office Site “B”.
c. Reviewed the parking requirement for office buildings within Professional and
Business Office sites.
(12) Planned Community Text revision (Amendment No. 514, adopted October 19, 1978)
incorporating the following changes:
a. Established existing and additional allowable development as of October 1,
1978.
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55
b. Established the requirement and criteria for phasing plan approval of
development beyond thirty (30) percent of the additional
(13) Planned Community text revision incorporating the transfer to allowable building area
from Professional and business Office Site “D: to Professional and Business Office
Site “B”. (Amendment No. 550, adopted November 10, 1980).
(14) Planned Community Text revision for Retail and Service Site No. 1, which allocates
existing and permitted development. (Amendment No. 558 adopted March 23, 1981).
(15) Planned community Text revision increasing the allowable building area in Site C
(MacArthur Court). (Amendment No. 593, adopted October 24, 1983).
(16) Planned Community Text revision incorporating the transfer of allowable office,
restaurant and retail building area from Professional and Business Office Site “A” to
Professional and Business Office Site “B”. (Amendment No. 606, adopted May 14,
1984).
(17) Planned Community Text revision to allow up to two restaurants with a total floor area
not to exceed 3,250 square feet within “Office Site C”. (Amendment No. 626, adopted
December 9, 1985).
(18) Planned Community Text revision deleting restaurant Site 1 and substituting a private
club with a total floor area not to exceed 30,000 square feet within Office Site “A”.
(Amendment No. 635, adopted July 14, 1986).
(19) Planned Community Text revision to allow auto detailing as a permitted use.
(Amendment No. 647, adopted March 23, 1987).
(20) Planned Community Text revision adding support commercial uses to the permitted
uses under Professional and Business Office permitted uses. (Amendment No. 649,
adopted July 27, 1987).
(21) Planned Community text revision combining Light Industrial Sites 1 and 2 into Light
Industrial Site 1, increasing the allowable building area for the combined site by 39,000
square feet, and increasing the permitted building height from 35 feet to 55 feet.
(Amendment No. 677, adopted June 12, 1989).
(22) Planned Community Text revision increasing the permitted building height in Light
Industrial Site 1 from 55 feet to 75 feet. (Amendment No. 799, adopted April 25, 1994).
(23) Title 20 amendment to reinstate notice and appeal procedures for specialty food service
applications. (Amendment No. 829, adopted September 11, 1995, Ordinance 95-39)
(24) Planned Community Text revision to increase the permitted height within “Light
Industrial Site 1” from 75 feet to 90 feet for a single vertical column. (Amendment
No. 867, adopted February 23, 1998, Ordinance 98-3).
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56
(25) Planned Community Text revisions (Amendment No. 876, adopted August 10, 1998,
Ordinance 98-20) to allow the following changes:
a. Additional restaurant uses in Office Site “G” (the current limited of two
restaurants will be increased to three restaurant sites), and;
b. Permit eating and drinking establishments throughout the Koll Center Planned
Community as per Title 20 of the Municipal Code.
(26) Planned Community Text revisions (Amendment No. 890, adopted 01/11/2000,
Ordinance 99-28) to allow the following changes:
a. Increase the permitted level of development for Office Site A by 15,000 square
feet (4110 MacArthur Boulevard) and;
b. Establish the permitted level of development for Koll Center Newport Office
Site A at 418,346 gross square feet.
(27) Planned Community Text revisions (Amendment No. 897, adopted January 25, 2000,
Ordinance 2000-3) to allow the following changes:
a. Designate Parcel 1 of Koll Center Newport Retail and Service Site 1 for Hotel
Use, and;
b. Establish the permitted Gross Floor Area for Koll Center Newport Retail and
Service Site 1 at 120,000 square feet, and
c. Establish the permitted height for the site at 60 feet.
(28) Planned Community Text revisions (Ordinance No. 2005-014, adopted August 9,
2005) to allow the following changes:
a. Office expansion of 1,367 net square feet in the Koll Center Office Site B at
4200 Von Karman Avenue.
(29) Planned Community Text revisions (Ordinance No. 2006-19), adopted July 25, 2006
to allow the following changes:
a. To increase the development allocation for Professional and Business Offices
of Site A by 2,129 net square feet. (PA2005-293)
(30) Planned Community Text revisions (Ordinance No. 2006-21), adopted October 24,
2006 to allow the following changes:
a. To allow the transfer of 24,016 gross square feet of unused retail, restaurant and
office square footage from Office Site B to Office Site A resulting in the
elimination of the entire Retail Site #1, an undeveloped portion of Restaurant Site
#2 and the entire Restaurant Site #5.
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(31) Planned Community Text revisions (Ordinance No. 2011-3), adopted January 25,
2011 to allow the following changes:
a. To allow building area for Professional & Business Site F to increase by 18, 346 net
square feet.
(32) Planned Community Text revisions (Ordinance No. 2011-8), adopted March 8, 2011
to allow the following changes:
a. To allow an increase to the Allowable Building Area for Professional &
Business Site B by 9,917 net square feet
(33) Planned Community Text revisions (Ordinance No. 2013-5), adopted March 12, 2013
to allow the following changes:
a. To delete Light Industrial Sites 1 and 2 from PC-15.
b. To delete Part I. Industrial uses in its entirety as an allowed use.
c. To revise the total acreage within PC-15 to 154.0 acres to reflect the deletion of
Light Industrial Sites 1 and 2 from PC-15.
d. To update the Composite exhibit and Exhibits A through E to reflect the deletion
of Light Industrial Sites 1 and 2 from PC-15.
Insert exhibits:
Composite ............................................. For Information Only (33)
Exhibit A .............................................. Land Use (33)
Exhibit B............................................... Grading and Roads (33)
Exhibit C............................................... Storm Drain (33)
Exhibit D .............................................. Water & Sewer (33)
Exhibit E ............................................... Boundary and Topography (33)
(34) Planned Community Text revisions (Ordinance No.__), adopted to affect the
following changes:
a. Clarify that the Newport Beach Municipal Code applies to property within
the planned community.
b. Update title from Planning Director to Community Development Director
throughout document.
c. Made changes to Professional & Business Offices for Site B creating the
Residential Overlay allowing 260 (units exclusive of density bonus units) and
the Park Overlay allowing the one-acre public park.
d. These improvements impacted the following:
i. Increased parking for Professional and Business Office Site B
e. Made changes to Contents and Overall Document to allow the following:
i. New Residential Overlay as Part VI
ii. New Park Overlay as Part VII.
iii. Footnotes moved from Part VI to Part VIII
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58
iv. Exhibits moved from Part VII to Part VIIII
Insert exhibits:
Exhibit F - Overlay Map – Office Site B (34)
Exhibit G - Pedestrian Connection Diagram (34)
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59
PART VIII. EXHIBITS
Composite For Information Only (33)
Exhibit A Land Use (33)
Exhibit B Grading and Roads (33)
Exhibit C Storm Drain (33)
Exhibit D Water & Sewer (33)
Exhibit E Boundary and Topography (33)
Exhibit F Overlay Map – Office Site B (34)
Exhibit G Pedestrian Connection Diagram (34)
125
NOT A PART (Ordinance 2013-5)
126
NOT A PART (Ordinance 2013-5)
127
NOT A PART (Ordinance 2013-5)
128
NOT A PART (Ordinance 2013-5)
129
NOT A PART (Ordinance 2013-5)
130
12. 00
MACARTHUR BOULEVARDJAMBOREE ROAD BIRCH STREETVON KARMAN AVENOVERLAY MAP -OFFICE SITE B
NOT A PART (ORDINANCE 2013-5)
OFFICE SITE B43.703 AC NET
NEWPORT BEACH, CALIFORNIAFORKOLL CENTER NEWPORT
OFFICE SITE G5.317 AC NET
0'50' 100' 200'400'
N
SCALE: 1" = 100'-0"
EXHIBIT F:
131
LEGEND RESIDENCES AT 4440 VON KARMAN AVEEXISTING OFFICE BUILDINGPARKUPTOWN NEWPORT BUILDINGSPROPOSED PEDESTRIAN CONNECTIONFUTURE PEDESTRIAN CONNECTION*VON KARMAN AVE.MACARTHUR BLVDBIRCH ST.JAMBOREE RD.EXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTEXISTING PARKING LOTNOT-A-PARTPLANNEDPARKING STRUCTUREEXISTING BLDGNOT-A-PARTEXISTING BLDG4440 VON KARMANRESIDENCES AT 4400 VON KARMANUPTOWN NEWPORT***EXHIBIT G: PEDESTRIAN CONNECTION DIAGRAMNEWPORT BEACH, CALIFORNIAFOR KOLL CENTER NEWPORT132
Planning Commission Resolution No. PC2020-040
Page 28 of 43
01-25-19
EXHIBIT “D”
Affordable Housing Implementation Plan
133
RESIDENCES AT 4440 VON KARMAN
AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS APPLICATION
RESUBMITTED OCTOBER 26, 2020
Prepared by
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1
RESIDENCES AT 4440 VON KARMAN
AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS APPLICATION
OCTOBER 26, 2020
Project Description & Affordability Level
TPG (KCN) Acquisition, LLC (“Picerne”) is proposing the 312 unit Residences at 4440 Von
Karman development (“Project”) on a site located in Planned Community Development Plan #15
(Koll Center Newport Planned Community). The Project site is irregularly shaped and is bounded
by Birch Street, Von Karman Avenue, and the existing surface parking lot for the Jazz
Semiconductor facility. Although the total Project site is approximately 13.0 acres, that is
inclusive of existing surface parking serving existing office buildings as well as a proposed
parking structure which is planned to replace existing surface parking on the residential
development site serving the existing office buildings. The net development area, including
parks, landscaped walkways, access drives, the replacement parking structure, and existing
parking totals approximately 8.7 acres. The balance of the Project site (approximately 4.3 acres)
consists of an existing access easement, parking lots, and offices.
The Newport Beach General Plan designates the Project site as Mixed-Use Horizontal 2 (MU-
H2) and the zoning is Planned Community 15, Koll Center (PC 15). The site is currently
developed as a surface parking lot serving existing office uses. Those parking spaces will be
replaced in a proposed parking structure to be located in the southeast corner of the Project site
as well as in the parking garage for the proposed residential Project. As part of the Project, Picerne
intends to develop and dedicate a 1.1-acre Public Park to the City of Newport Beach.
The Project is planned to consist of a total of 312 units: 260 units based on the current remaining
additive residential units (“Base” units) per the Airport Business Area Integrated Conceptual
Development Plan for Koll and Conexant Properties (“ICDP”) and 52 density bonus units (i.e.,
20% of the 260 Base units). In accordance with Government Code Section 65915, five percent
of the Base units (i.e., 13 units) will be made affordable to Very Low Income households. Very
Low Income households, as defined in California Health and Safety Code Section 50105, are
households earning 50 percent or less of area median income, adjusted for family size.
Eligibility for Density Bonus
Picerne will be providing 13 units (i.e. 5% of Base units) affordable to Very Low Income
households (“Very Low Income units”). This will comply with the provisions of Government
Code Section 65915 and Section 20.32 of the City’s Zoning Code applicable to a 20% density
bonus. Rents for the Very Low Income units will be computed in accordance with Health and
Safety Code Sec. 50053, as required by Government Code Section 65915(c)(1).
135
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
2
Density Bonus Computation and Term of Affordability
The density bonus computation for the Project per Government Code Section 65915 is shown
below:
Table 1
Density Bonus Computation
Picerne intends to operate the apartment Project as a rental community. The 13 Very Low
Income units will remain rent restricted for a minimum of 55 years, per Government Code
Section 65915(c)(1).
Reduction in Parking
The Project meets the criteria of subdivision (b) of Government Code Sec. 65915 and Section
20.32.030 of the City’s Zoning Code by providing at least five percent (5%) of the total units of
a housing development (excluding any units permitted by the density bonus awarded pursuant
to that section) for Very Low Income households.
Government Code Section 65915(p) and Section 20.32.040 of the City’s Zoning Code provide
the following:
(1) Upon the request of the developer, no city, county, or city and county shall
require a vehicular parking ratio, inclusive of handicapped and guest parking, of a
development meeting the criteria of subdivision (b), that exceeds the following
ratios:
a. Zero to one bedrooms: one onsite parking space.
b. Two to three bedrooms: two onsite parking spaces.
(2) If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number. For
purposes of this subdivision, a development may provide “onsite parking” through
tandem parking or uncovered parking, but not through street parking.
Table 2 on the next page is a summary of Government Code Sec. 65915 parking requirements
vs. spaces to be provided:
Remaining Units Per ICDP (Before Density Bonus)260
Density Bonus Utilized (20%)52
Total Units 312
136
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
3
Table 2
Parking Requirements
Picerne requests that parking requirements be calculated in accordance with Government Code
Sec. 65915(p). The project is currently planning to provide 559 onsite parking spaces for its
residential units, subject to changes pending approval of final building plans.
Development Incentive Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City’s Zoning Code,
Picerne is entitled to one concession or incentive as a result of providing at least five percent (5%)
of the units as affordable for Very Low Income households. Picerne requests the following
development incentive:
Section 20.32.070 of the City’s Zoning Code provides that “Affordable units [in a density
bonus project] shall reflect the range of numbers of bedrooms provided in the residential
development project as a whole.” Picerne requests that the 13 Very Low Income units be
Unit Type
Studio 55 1.0 55
1 BR 149 1.0 149
2 BR 108 2.0 216
TOTAL PARKING STALLS REQUIRED -
RESIDENTIAL UNITS
312 1.3 420
Stalls/Unit
Per Gov.
Code 65915
Parking
Stalls
Number of
Units
Unit Type
Studio 55 1.0 55
1 BR 149 1.0 149
2 BR 108 2.0 216
TOTAL PARKING STALLS REQUIRED -
RESIDENTIAL UNITS
312 1.3 420
TOTAL PARKING STALLS PROVIDED -
RESIDENTIAL UNITS
559
PARKING PROVIDED IN EXCESS OF
MINIMUM REQUIREMENTS
139
276
TOTAL PARKING STALLS PROVIDED IN
RESIDENTIAL STRUCTURE 835
OFFICE PARKING PROVIDED IN
RESIDENTIAL STRUCTURE
Stalls/Unit
Per Gov.
Code 65915
Parking
Stalls
Number of
Units
137
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
4
provided utilizing the unit mixes as shown below rather than a unit mix proportional to the
development as a whole:
Table 3
Unit Mix
As required by Government Code Sec. 65915(d)(1)(A), this incentive will result in additional
rental income for the Project as well as construction cost reductions for the affordable units,
which will enable the affordable rents to be set in accordance with Government Code Sec.
65915(c)(1).
Income Limits and Examples of Eligible Tenants for Affordable Homes
Very Low Income Households are defined as households whose gross income does not exceed
50% of area median income, adjusted for household size. Table 4 on the following page shows
the maximum income limits as determined by the U.S. Department of Housing and Urban
Development and the California Department of Housing and Community Development (“HCD”)
for Very Low Income households with household sizes appropriate for Residences at 4440 Von
Karman:
Table 4
Maximum Income Limits
Higher income limits apply to larger families of 6 or more persons; however those families are
not considered to be a target market for Residences at 4440 Von Karman, where the unit mix
consists of studios, one-bedroom, and two-bedroom apartment homes.
Unit Type Total Units
Very Low
Income Units
Studio 55 3
1 Bedroom 149 9
2 Bedroom 108 1
Total 312 13
Household Size
Very Low Income Units
Maximum Annual Income
- 2020
1 Person $44,850
2 Person 51,250
3 Person 57,650
4 Person 64,050
5 Person 69,200
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October 26, 2020
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The Project’s 13 affordable homes will be rented to eligible Very Low Income households. As
shown in Table 4, Very Low Income households include incomes ranging from $44,850 per year
for a one-person household to $69,200 per year for a five-person household. As such this could
include service industry employees (waitresses, retail managers, hotel receptionists etc.), school
district employees, health care employees, and other occupations which provide needed services
to our community. While household size, overtime pay, summer jobs, or second jobs may affect
eligibility, the income limits above are reflective of pay to many public or health care sector
workers, as shown in Table 5 below:
Table 5
Examples of Qualifying Salaries
The pay ranges shown above are as of 2018 through 2020 (depending on source) and are subject
to periodic update. Retired persons or couples or young business professionals starting their
careers may also qualify to rent the affordable homes. In order to provide opportunities to workers
to live in one of the affordable homes, the City could provide guidelines providing for acceptance
of applications on a priority basis from classes of individuals who qualify under the income limits
in effect. The guidelines could provide for priority treatment for City employees, employees of
the local school district, and employees of major health care institutions or other categories
identified by the City for priority treatment.
Rental Rate Limits for Affordable Homes
The 13 Very Low Income units shall be rented at an affordable rent calculated in accordance with
the provisions of Section 50053 of the Health and Safety Code. Section 50053 of the Health and
Safety Code limits affordable rent to 30% of total income for a Very Low Income household, as
calculated in Table 6 below. That section also requires that the rent for a studio unit assumes a
one-person household for rent calculation purposes, a one-bedroom unit assumes a two-person
household, and a two-bedroom unit assumes a three-person household. The rents calculated are
then adjusted by a utility allowance as determined annually by the County of Orange Housing &
Position Pay Range
Information
Source Comments
Library Clerk I or Library Clerk II $38,896-$60,590 State Will qualify.
Police Comm. Service Officer 44,158-68,494 State Will qualify
Newport-Mesa School District Custodian/Head
Custodian
42,768-56,472 NMUSD Will qualify
Newport Mesa School District Administrative Asst.49,764-60,936 NMUSD Will qualify
Hoag Hospital Administrative Asst.44,000-51,000 Glass Door Will qualify
A Very Low Income household must have household income which does not exceed a range of $44,850 to $69,200,
depending on household size. Following are examples of positions available at the City, at Newport-Mesa Unified School
District, and at Hoag Hospital which may be representative of future residents in affordable units at the Residences at
Uptown Newport North.
139
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
6
Community Services Department. As of October 1, 2019, the reduction for the utility allowance
is $119.00 per month for a studio unit, $132.00 per month for a one-bedroom unit, and $171.00
per month for a two-bedroom unit. The utility allowance utilized assumes gas cooking, gas space
heating, gas water heating, as well as water, and sewer, and trash fees which will be paid by the
tenant.
Table 6
Maximum Rents by Bedroom Count
Picerne will enter into an affordable housing agreement, in recordable form, with the City prior
to obtaining the first building permit for any residential unit within the Project. That agreement
will ensure that the maximum rents for the affordable apartment homes will be calculated using
the methodologies as utilized in Table 6. The rental rates shown will be updated prior to the
commencement of rental activities and on an ongoing basis to reflect then current income limits,
utility allowances, and any changes in applicable regulations and statutes.
Unit Mix, Design, and Location of Affordable Homes
While the exact location of each of the affordable homes within the Residences at 4440 Von
Karman has not yet been determined, the affordable homes will be spread throughout the
development to avoid concentration of affordable homes in any area. The affordable homes
shall be comparable in the quality of construction and exterior design to the market rate homes.
The affordable homes will be marketed concurrently with the market rate homes and will be
released for occupancy roughly proportional to release of the market rate homes for occupancy.
All affordable homes will have access to the facilities and amenities offered by the
development.
Bedrooms
Maximum
Annual Rent -
2020
Maximum
Monthly Rent -
2020
Utility
Allowance1
Affordable
Rent - 2020
Very Low
Studio $10,815 $901 $119 $782
1 Bedroom 12,360 1,030 132 898
2 Bedroom 13,905 1,159 171 988
1Utility allowances will be updated prior to commencement of leasing activities to reflect updated
utility allowances and final utility configurations.
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Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
7
Requested City of Newport Beach Assistance
Financial Assistance
Picerne is not requesting any direct financial assistance from the City of Newport Beach for the
Project.
141
Planning Commission Resolution No. PC2020-040
Page 29 of 43
01-25-19
EXHIBIT “E”
Traffic Study
142
RESIDENCES AT 4400 VON KARMAN PROJECT
Traffic Impact Study
Prepared by:
Kimley-Horn and Associates, Inc.
765 The City Drive, Suite 200
Orange, California 92868
October 2020
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TABLE OF CONTENTS
Section Page No.
1 INTRODUCTION 1
2 PROJECT DESCRIPTION 1
2.1 Project Location .............................................................................................................................. 1
2.2 Existing Land Uses and Access ........................................................................................................ 2
2.3 Proposed Project and Access .......................................................................................................... 2
3 METHODOLOGY 9
3.1 Study Area ....................................................................................................................................... 9
3.2 Analysis Methodology ...................................................................................................................10
3.3 Performance Criteria.....................................................................................................................13
3.4 Significance Thresholds .................................................................................................................14
City of Newport Beach ..................................................................................................................14
City of Irvine ..................................................................................................................................14
Caltrans .........................................................................................................................................15
3.5 Study Scenarios .............................................................................................................................15
4 EXISTING TRAFFIC ENVIRONMENT/AREA CONDITIONS 15
4.1 Existing Transportation System ....................................................................................................15
Roadway Characteristics ...............................................................................................................15
Existing Transit Service .................................................................................................................17
5 EXISTING TRAFFIC CONDITIONS 21
5.1 Existing Traffic Volumes ................................................................................................................21
5.2 Existing Intersection Analysis ........................................................................................................21
6 PROPOSED PROJECT TRAFFIC 27
6.1 Project Trip Generation ................................................................................................................27
6.2 Project Trip Distribution and Assignment .....................................................................................27
7 FUTURE CONDITIONS 33
7.1 Traffic Phasing Ordinance (TPO) Analysis .....................................................................................33
TPO 1% Analysis ............................................................................................................................34
TPO Analysis Year 2025 Without Project ......................................................................................38
TPO Analysis Year 2025 With Project ...........................................................................................39
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7.2 CEQA Analysis ...............................................................................................................................45
CEQA Analysis Year 2025 Without Project....................................................................................45
CEQA Analysis Year 2025 With Project .........................................................................................53
8 GENERAL PLAN COMPARISON 59
9 OTHER ISSUES 67
9.1 ANALYSIS OF INTERSTATE HIGHWAY FACILITIES ..........................................................................67
Intersections on Interstate Highway Facilities ....................................................................................67
Traffic Impact Criteria ..........................................................................................................................67
Interstate Highway Intersection Analysis ............................................................................................69
Existing Conditions ........................................................................................................................69
CEQA Analysis Year 2025 Without Project....................................................................................69
CEQA Analysis Year 2025 With Project .........................................................................................69
9.2 CONGESTION MANAGEMENT PROGRAM COMPLIANCE ..............................................................70
9.3 SITE ACCESS AND SITE CIRCULATION ............................................................................................70
9.4 CONSTRUCTION TRAFFIC ..............................................................................................................74
Construction Phasing ....................................................................................................................74
10 CONCLUSIONS 75
FIGURES
Figure 1 – Vicinity Map ................................................................................................................................. 3
Figure 2 – Existing Project Site ...................................................................................................................... 5
Figure 3 – Project Site Plan ........................................................................................................................... 7
Figure 4 – Study Intersections..................................................................................................................... 11
Figure 5 – Existing Transit Routes ............................................................................................................... 19
Figure 6 – Existing Lane Configuration and Traffic Control ........................................................................ 23
Figure 7 – Existing Peak Hour Traffic Volumes ........................................................................................... 25
Figure 8 – Project Trip Distribution ............................................................................................................. 29
Figure 9 – Project-Related Peak Hour Traffic Volumes ............................................................................... 31
Figure 10 – TPO Analysis Year 2025 Without Project Peak Hour Traffic Volumes ..................................... 35
Figure 11 – TPO Analysis Year 2025 With Project Peak Hour Traffic Volumes ........................................... 43
Figure 12 – Location of Cumulative Projects .............................................................................................. 49
Figure 13 – CEQA Analysis Year 2025 Without Project Peak Hour Traffic Volumes ................................... 51
Figure 14 – CEQA Analysis Year 2025 With Project Peak Hour Traffic Volumes ........................................ 55
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Figure 15 – Post-2030 General Plan Buildout Peak Hour Traffic Volumes ................................................. 61
Figure 16 – Post-2030 General Plan Buildout With Project Peak Hour Traffic Volumes ............................ 63
Figure 17 – Existing Site Access ................................................................................................................... 72
TABLES
Table 1: Summary of Intersection Operation Existing Conditions .............................................................. 21
Table 2: Summary of Project Trip Generation ............................................................................................ 27
Table 3: Summary of City of Newport Beach Committed Projects ............................................................. 34
Table 4: Summary of 1% TPO Analysis ........................................................................................................ 37
Table 5: Intersection Operations – TPO Analysis Year 2025 Without Project Conditions .......................... 39
Table 6: Intersection Operations – TPO Analysis Year 2025 With Project Conditions ............................... 41
Table 7: Summary of Cumulative Projects .................................................................................................. 47
Table 8: Intersection Operation – CEQA Analysis Year 2025 Without Project Conditions ......................... 53
Table 9: Intersection Operation – CEQA Analysis Year 2025 With Project Conditions .............................. 57
Table 10: Summary of Delta Project Trip Generation ................................................................................. 60
Table 11: Intersection Operation – Post-2030 General Plan Buildout With Project Conditions ................ 65
Table 12: Summary of Interstate Highway Intersection Operations .......................................................... 69
APPENDICES
Appendix A – Traffic Data Collection Worksheets
Appendix B – Intersection Analysis Worksheets
B-1 – Existing Conditions
B-2 – TPO Analysis Year 2025 Without Project
B-3 – TPO Analysis Year 2025 With Project
B-4 – CEQA Analysis Year 2025 Without Project
B-5 – CEQA Analysis Year 2025 With Project
B-6 – Post-2030 General Plan Buildout
B-7 – Post-2030 General Plan Buildout Plus Project
Appendix C – Future Conditions Information
C-1 – Newport Beach Committed and Cumulative Project Information
C-2 – City of Irvine ITAM Forecasts
Appendix D – 1% Analysis Worksheets – TPO Analysis
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Appendix E – Intersection Analysis Worksheets – Interstate Highway Analysis
E-1 – Existing Conditions
E-2 – TPO Analysis Year 2025 Without Project
E-3 – TPO Analysis Year 2025 With Project
E-4 – CEQA Analysis Year 2025 Without Project
E-5 – CEQA Analysis Year 2025 With Project
Appendix F – CMP Compliance
Appendix G – Map of Irvine Business Complex (IBC)
Appendix H – Excerpts from the City of Newport Beach 2006 General Plan Transportation Study
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1 INTRODUCTION
This Traffic Impact Study has been prepared to evaluate the potential traffic-related impacts associated
with the proposed Residences at 4400 Von Karman (“Project”). This report has been prepared in
accordance with the City of Newport Beach Traffic Phasing Ordinance (TPO) traffic impact study
requirements, County of Orange Congestion Management Program (CMP) requirements, and in support
of the environmental documentation for the Project, per the California Environmental Quality Act (CEQA)
requirements.
This analysis has been undertaken to analyze whether the proposed Residences at 4400 Von Karman
Project would result in any new or substantially more severe significant environmental impacts as
compared to the conclusions in the City of Newport Beach General Plan Update Final Environmental
Impact Report (EIR) (2006). The purpose of this analysis is to document whether any new traffic-related
impacts would occur compared to the City’s General Plan EIR, based on the proposed Project (described
below) pursuant to State CEQA Guidelines Section 15164.
2 PROJECT DESCRIPTION
2.1 Project Location
The project site is located at the southeast corner1 of Birch Street and Von Karman Avenue in the Airport
Area of the City of Newport Beach. A vicinity map is provided on Figure 1. The approximately 13.00-acre
site is relatively flat at an approximate elevation of 46 to 52 feet above mean sea level (msl).
The project site is an irregularly shaped property generally bordered by Birch Street to the northeast, Von
Karman Avenue to the west, and existing office uses and associated surface parking lots and parking
structures to the east and south within Koll Center Newport. The Property currently provides a common
pool of structured and surface parking to serve office tenants within the Koll Center Newport. Koll Center
Newport is an approximately 154-acre mixed-use development area generally bordered on the northeast
by Campus Drive, on the southeast by Jamboree Road, and on the west by MacArthur Boulevard.
Regional access to the site is from State Route 73 (SR-73) via Jamboree Road to the south and
Interstate 405 (I-405) via Jamboree Road to the north. Vehicular access to the site is provided from
Birch Street and Von Karman Avenue. Currently, there are three driveways on Birch Street and two
driveways on Von Karman Avenue.
The site is approximately 0.5 mile southwest of John Wayne Airport, 0.5-mile northwest of the San Joaquin
Freshwater Marsh Reserve, and 1.5 miles northwest of the University of California, Irvine (UCI).
1 As shown on Figure 1, the streets adjacent to the project site are oriented on a diagonal. For purposes of this report, Jamboree
Road, MacArthur Boulevard, and Von Karman Avenue are considered to be the north-south streets, and Birch Street is an
east-west street.
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2.2 Existing Land Uses and Access
The project site is located within the surface parking areas serving the existing Koll Center Newport office
park. Proximate to the project site, Koll Center Newport consists of general office buildings with surface
parking and a parking structure; the parking structure is for the 5000 Birch office building. The existing
office buildings located within the boundaries of the project site (4440 Von Karman, 4490 Von Karman,
and 4910 Birch), or immediately contiguous to the site (5000 Birch, 4340 Von Karman, and 4350 Von
Karman) are not a part of the proposed development. Access to Koll Center Newport is currently provided
by two driveways on Von Karman Avenue, and three driveways on Birch Street. All driveways are currently
unsignalized and gated. The existing Koll Center Newport site is shown on Figure 2.
2.3 Proposed Project and Access
The proposed Project would allow for 312 residential apartments with structured parking, a 0.5-acre
public park, a free-standing parking structure, and the reconfiguration of some of the existing parking
areas. The 312 apartment units would include 299 market-rate units and 13 very-low income affordable
units. The Project would include 55 studio units, 149 one-bedroom units, and 108 two-bedroom units.
The residential building is proposed as a five-story podium building with three levels of structured parking
(one level on-grade and two levels below ground). The proposed 0.5-acre public park would be centrally
located to the project site and would be approximately equidistant from Birch Street and Von Karman
Avenue. The conceptual site plan is shown on Figure 3.
As noted, access to the Koll Center Newport is currently provided via three driveways on Birch Street and
two driveways on Von Karman Avenue. Upon completion of the proposed Project, access to the project
site, as well as existing office buildings, would be provided via two full-movement locations on Birch Street
and one full-movement location on Von Karman Avenue.
To allow for the construction of the proposed Project, some of the existing surface parking areas and the
common landscape areas would be demolished. All residential parking would be provided in the
residential building’s parking structure. Office parking displaced by the Project would be provided in a
new, free-standing parking structure, in the residential building’s parking structure, and surface parking.
Visitors to the publicly-accessible park can use surface parking east of the residential building. The Project
will provide 565 parking spaces for its residential units and 626 parking spaces for office uses, including
275 parking spaces in the free-standing parking structure.
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FIGURE 2EXISTING PROJECT SITE- 5 -153
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FIGURE 3PROJECT SITE PLAN- 7 -155
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3 METHODOLOGY
3.1 Study Area
This traffic analysis provides an evaluation of morning and evening peak hour intersection at 25
intersections. The study intersections consist of a combination of intersections in the City of Newport
Beach and the adjoining City of Irvine. The study area and study intersection list reflect input received
from the cities of Newport Beach and Irvine. The locations of the study intersections are shown on
Figure 4. Of the 25 study intersections, 8 are controlled and maintained by the City of Irvine and 15 are
controlled and maintained by the City of Newport Beach. The two Interstate 405 (I-405) freeway ramp
intersections at Jamboree Road are controlled and maintained by the California Department of
Transportation (Caltrans).
Study Area Intersections
No. Intersection Jurisdiction 1 Traffic Control
1 MacArthur Boulevard at Campus Drive 1 Irvine Signal
2 MacArthur Boulevard at Birch Street Newport Beach Signal
3 MacArthur Boulevard at Von Karman Avenue Newport Beach Signal
4 MacArthur Boulevard at Jamboree Road 1, 2 Newport Beach Signal
5 Von Karman Avenue at Michelson Drive Irvine Signal
6 Von Karman Avenue at Campus Drive 1 Irvine Signal
7 Von Karman Avenue at Birch Street Newport Beach Signal
8 Teller Avenue at Birch Street Newport Beach 2-way Stop
9 Jamboree Road at I-405 NB Ramps 2 Caltrans Signal
10 Jamboree Road at I-405 SB Ramps 2 Caltrans Signal
11 Jamboree Road at Michelson Drive Irvine Signal
12 Jamboree Road at Campus Drive 1 Irvine Signal
13 Jamboree Road at Birch Street 1 Irvine Signal
14 Jamboree Road at Fairchild Drive 1 Irvine Signal
15 Jamboree Road at Bristol Street N Newport Beach Signal
16 Jamboree Road at Bristol Street S Newport Beach Signal
17 Jamboree Road at Bayview Way Newport Beach Signal
18 Jamboree Road at University Drive Newport Beach Signal
19 University Drive at Campus Drive Irvine Signal
20 Bristol Street N at Campus Drive Newport Beach Signal
21 Bristol Street S at Irvine Avenue / Campus Drive Newport Beach Signal
22 Irvine Avenue at Mesa Drive Newport Beach Signal
23 Birch Street at Bristol Street N Newport Beach Signal
24 Birch Street at Bristol Street S Newport Beach Signal
25 Bayview Place at Bristol Street S Newport Beach Signal
1 For “shared” intersections on the boundary between the two cities, the city listed indicates the city that maintains and controls the signal.
Freeway ramp intersections are maintained and operated by Caltrans.
2 Designated County of Orange Congestion Management Program (CMP) intersection.
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Each intersection has been analyzed using the methodology and parameters employed by the city in which
the intersection is located. For “shared” intersections on the city boundary, the intersection analysis is
based on the methodology used by the City that controls and maintains the signal.
3.2 Analysis Methodology
Intersection analysis for all signalized intersections has been conducted using the Intersection Capacity
Utilization (ICU) methodology, which is the methodology utilized by both cities, as well as the Orange
County Congestion Management Program (CMP). Intersections that are located at an Interstate Highway
intersection are also analyzed in accordance with Caltrans requirements, using a separate methodology,
as discussed later in this report.
The ICU methodology provides a comparison of the theoretical hourly vehicular capacity of an intersection
to the number of vehicles actually passing through that intersection during any given hour. The ICU
calculation assumes an hourly per-lane capacity for each lane through the intersection, and a clearance
factor to account for the effect of yellow and red signal phases.
Variations in analysis input parameters between the cities of Newport Beach and Irvine have been
accounted for in the analysis. The following presents the ICU parameters for each of the cities.
ICU Parameter
Saturation Flow Rate / Lane
Clearance Interval
Right-turn-on-red allowed 1
ATMS Credit 2
Critical Movement / ICU calculation
City of Newport Beach
1,600 vehicles per hour (vph)
0
NA
NA
3 decimals for each critical
movement, summed and rounded to
2 decimals for the final ICU for the
TPO analysis, and 3 decimals for the
CEQA analysis
City of Irvine
1,700 vehicles per hour (vph)
.05 of cycle length
Yes
.05
2 decimals for each critical
movement and final ICU
1 Right-turn-on-red is allowed from exclusive right-turn lanes. For the City of Irvine, "unofficial" right-turn lanes (known as a de facto right-
turn lane) are assumed in the ICU calculation if 19 feet of travel lane exists from lane stripe to edge of roadway, and curbside parking is
prohibited during peak periods.
2 ATMS is an advanced traffic signal management system employed by the City of Irvine to allow the control of signal operations in real-time
response to traffic conditions at the intersection. Intersections with the ATMS equipment installed are given a 0.05 capacity credit. The
ATMS credit is not applied to intersections located within the Irvine Business Complex (IBC). One study intersection (University Drive at
Campus Drive) has the ATMS equipment installed. The ATMS credit is applied in all study scenarios.
Intersection analysis for unsignalized intersections has been conducted using the Highway Capacity
Manual (HCM) methodology, which returns a delay value, expressed in terms of the average seconds of
delay per vehicle.
Operating conditions for both ICU and HCM methodologies are expressed in terms of “Level of Service”
which is also referred to by its acronym, LOS. The ICU calculation returns a volume-to-capacity (V/C) ratio
that translates into a corresponding Level of Service, ranging from LOS A, representing uncongested, free-
flowing conditions; to LOS F, representing congested, over-capacity conditions.
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A summary description of each Level of Service and the corresponding V/C ratio or delay is provided
below.
LEVEL OF SERVICE DESCRIPTIONS
Level of
Service
Signalized:
ICU
Unsignalized:
HCM 1
Description V/C Ratio Delay (sec)
A 0.00 - 0.60 ≤10 EXCELLENT – No vehicle waits longer than one red light, and no
approach phase is fully used.
B 0.61 - 0.70 > 10 and ≤ 15 VERY GOOD – An occasional approach phase is fully utilized; drivers
begin to feel somewhat restricted within groups of vehicles.
C 0.71 - 0.80 > 15 and ≤ 25 GOOD – Occasionally, drivers may have to wait through more than
one red light; back-ups may develop behind turning vehicles.
D 0.81 - 0.90 > 25 and ≤ 35
FAIR – Delays may be substantial during portions of the rush hours,
but enough lower volume periods occur to permit clearing of
developing lines, preventing excessive back-ups.
E 0.91 - 1.00 > 35 and ≤ 50
POOR – Represents the most vehicles that the intersection
approaches can accommodate; may be long lines of waiting
vehicles through several signal cycles.
F > 1.00 > 50
FAILURE – Back-ups from nearby locations or on cross streets may
restrict or prevent movement of vehicles out of the intersection
approaches. Tremendous delays with continuously increasing
queue lengths.
LOS = Level of Service; ICU = Intersection Capacity Utilization; HCM = Highway Capacity Manual; V/C = volume-to-capacity
1Source: Highway Capacity Manual, 6th Edition
3.3 Performance Criteria
The City of Newport Beach target Level of Service (LOS) for peak hour operation of signalized intersections
is LOS D or better, except for designated intersections within the Airport Area shared with the City of
Irvine, where LOS E is acceptable. The shared Airport Area intersections applicable to the proposed Project
are as follows:
No. Intersection
1.MacArthur Boulevard at Campus Drive 1
4.MacArthur Boulevard at Jamboree Road 2
6.Von Karman Avenue at Campus Drive 1
12.Jamboree Road at Campus Drive 1
13.Jamboree Road at Birch Street 1
14.Jamboree Road at Fairchild Road 1
1 Will be analyzed using the City of Irvine ICU parameters
2 Will be analyzed using the City of Newport Beach ICU parameters
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In the City of Irvine, the target Level of Service is LOS D, except where the intersection is located within
the Irvine Business Complex (IBC) or the Irvine Spectrum area. A map of the IBC is provided in Appendix
G.For these intersections, the target Level of Service is LOS E. The following study intersections are
located in the IBC:
No. Intersection
1.MacArthur Boulevard at Campus Drive 1
4.MacArthur Boulevard at Jamboree Road 2
5.Von Karman Avenue at Michelson Drive 1
6.Von Karman Avenue at Campus Drive 1
9.Jamboree Road at I-405 Northbound Ramps 1,3
10.Jamboree Road at I-405 Southbound Ramps 1,3
11.Jamboree Road at Michelson Drive 1
12.Jamboree Road at Campus Drive 1
14.Jamboree Road at Fairchild Road 1
1 Will be analyzed using the City of Irvine ICU parameters
2 Will be analyzed using the City of Newport Beach ICU parameters
3 Will be analyzed using Caltrans HCM parameters
3.4 Significance Thresholds
City of Newport Beach
To determine whether the addition of project-generated trips at a signalized study intersection results in
a significant impact, the City of Newport Beach has adopted the following thresholds of significance:
▪A significant impact would occur when the addition of project-generated trips causes the Level of
Service at a study intersection to deteriorate from an acceptable (LOS D, except for intersections
on a CMP facility, or designated intersections in the Airport Area, where LOS E is acceptable) to a
deficient Level of Service.
▪A significant impact would occur when the addition of project-generated trips increases the ICU
at a study intersection by one percent or more (v/c increases by 0.010 or more), worsening a
projected baseline condition of LOS E or F.
For unsignalized intersections operating at an unacceptable Level of Service, a signal warrant analysis will
be conducted to determine if a signal is warranted. The signal warrant analysis will be conducted
according to the California Manual of Uniform Traffic Control Devices (MUTCD).
City of Irvine
All of the study intersections in the City of Irvine are signalized. To determine whether the addition of
project-generated trips at a signalized study intersection results in a significant impact, the City of Irvine
has adopted the following significance threshold:
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▪A significant impact would occur when the intersection exceeds the acceptable Level of Service
(LOS D except for intersections located in the IBC or on a CMP facility, where LOS E is acceptable)
in the baseline condition and the impact of the development is greater than or equal to two
percent (v/c increase by 0.02 or more), or;
▪The Project increases the ICU by one percent or more (v/c increases by 0.01 or more) at a study
intersection, causing it to become deficient.
Caltrans
A separate analysis of the Intersection Highway intersections using the analysis methodology and
significance thresholds specified in the Caltrans Guide for the Preparation of Traffic Impact Studies is
provided in a separate section of this report.
3.5 Study Scenarios
Each of the study intersections has been analyzed for the following scenarios:
▪Existing Conditions
▪TPO Analysis Year 2025 Without Project
▪TPO Analysis Year 2025 With Project
▪CEQA Analysis Year 2025 Without Project
▪CEQA Analysis Year 2025 With Project
▪Post-2030 General Plan Buildout 1
▪Post-2030 General Plan Buildout With Project 2
1 The Newport Beach Traffic Model (NBTM) Traffic Analysis Zone (TAZ) 1405, where the project site is located, consists of 128 apartment
units, 128,610 square feet of general commercial use, and 695,137 square feet of office use
2 This “With Project” scenario assumes an additional 184 dwelling units, for a total of 312 dwelling units, as proposed by the Project.
4 EXISTING TRAFFIC ENVIRONMENT/AREA CONDITIONS
4.1 Existing Transportation System
Roadway Characteristics
Regional access to the project site is provided by the Corona del Mar Freeway/San Joaquin Hills
Transportation Corridor (SR-73), located less than one mile to the south of the project area, and by I-405,
located approximately 1.5 miles north of the project area. The proposed development would take access
to the surrounding street system via connections to Von Karman Avenue and to Birch Street.
Michelson Drive is a four-lane divided east-west arterial in the City of Irvine, located approximately one-
third mile south of I-405. Michelson Drive is divided by a painted median and has a posted speed limit of
40 miles per hour (mph) west of Jamboree Road and 45 mph east of Jamboree Road. East of Dupont Drive,
Class II bike lanes are provided on both sides of the roadway. Michelson Drive is designated as a Commuter
Highway in the City of Irvine Master Plan of Arterial Highways.
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Campus Drive is a six-lane divided arterial that extends north-south between Bristol Street and MacArthur
Boulevard, then turns and extends as a four-lane undivided arterial in an east-west orientation between
MacArthur Boulevard and Carlson Avenue, then two-lane undivided between Carlson Avenue and
University Drive. Class II bike lanes are provided on both sides of Campus Drive. The posted speed limit on
Campus Drive ranges from 45 mph to 50 mph within the study area. Campus Drive is designated on the
City of Newport Beach Circulation Element as a Major Arterial between Bristol Street and MacArthur
Boulevard, and as a Secondary Arterial between MacArthur Boulevard and University Drive.
Birch Street is a four-lane undivided roadway, designated as a Secondary Arterial on the City of Newport
Beach Circulation Element. Birch Street extends in a north-south direction from south of SR-73 to
MacArthur Boulevard, and then turns and extends in an east-west direction from MacArthur Boulevard
to Jamboree Road. Birch Street is divided by a painted median, and on-street parking is prohibited in the
vicinity of the Project. The posted speed limit is 45 mph.
Fairchild Road is a four-lane collector in the City of Irvine that extends in a northwest-to-southeast arc
from Jamboree Road to McArthur Boulevard. Fairchild Road is divided by a painted median. The speed
limit is 45 mph.
MacArthur Boulevard is a six- to eight-lane divided arterial that extends through the cities of Newport
Beach and Irvine. MacArthur Boulevard is divided by a raised or painted median and has a posted speed
limit of 55 mph south of Campus Drive and 45 mph north of Campus Drive. MacArthur Boulevard is
classified as a Major Arterial in both cities’ Circulation Elements.
Bristol Street North is part of the Bristol Street couplet that runs along either side of SR-73. Bristol Street
North is a three- to four-lane one-way arterial that extends from Jamboree Road in a northwest direction
north of and parallel to SR-73. It crosses over SR-73 and connects with Bristol Street at Santa Ana
Avenue/Redhill Avenue. Bristol Street is classified as a Primary Arterial on the City of Newport Beach
Circulation Element. The posted speed limit is 45 mph. Bristol Street North provides a Class II bike lane.
Bristol Street South is the southbound portion of the Bristol Street couplet. Bristol Street South is a four-
lane one-way Primary Arterial that extends from Santa Ana Avenue/Redhill Avenue to Jamboree Road in
a southeast direction south of and parallel to SR-73. The posted speed limit is 45 mph. Bristol Street South
provides a Class II bike lane.
Von Karman Avenue is a four-lane north-south Primary Arterial that starts at MacArthur Boulevard in the
City of Newport Beach, and extends northward into the City of Irvine. Von Karman Avenue is divided by a
painted median and has a posted speed limit of 40 to 45 mph. Von Karman Avenue is classified as a Primary
on the City of Newport Beach Circulation Element. On the City of Irvine Circulation Element, Von Karman
Avenue is classified as a Secondary Highway between Campus Drive and Michelson Drive and as a Major
Highway north of Michelson Drive.
Jamboree Road is a six- to eight-lane divided arterial that extends through both Irvine and Newport Beach
in a north-south direction. Within the Newport Beach city limits, Jamboree Road is mainly a six-lane
divided arterial with three lanes in each direction, except for the segment between Birch Street and
Fairchild Road, where there are four southbound travel lanes. Jamboree Road transitions into a seven-
lane arterial north of the Newport Beach city limits. Jamboree Road is divided by a raised landscaped
median and has a posted speed limit of 55 mph south of Campus Drive and 50 mph north of Campus Drive.
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Jamboree Road is classified as a Major Arterial in both cities’ Circulation Elements. Class II bike lanes are
provided on both sides of Jamboree Road.
University Drive is a four-lane to six-lane divided arterial. University Drive extends eastward from
Jamboree Road in the City of Newport Beach across the SR-73 into the City of Irvine, and through UCI)
University Drive transitions from four to six lanes at the SR-73 southbound ramps. University Drive is
divided by a raised landscaped median and has a posted speed limit of 50 mph within the Study Area.
University Drive is classified as a Primary Arterial on the City of Newport Beach Circulation Element and a
Major Arterial on the City of Irvine Circulation Element. Class II bike lanes are provided on both sides of
University Drive.
Existing Transit Service
Transit service in the vicinity of the project site is provided by the Orange County Transportation Authority
(OCTA) bus lines. The bus routes currently operated by OCTA through the study area in the cities of
Newport Beach and Irvine are shown on Figure 5. The following OCTA routes serve the project site and
vicinity.
OCTA Route 59 operates between the cities of Anaheim and Irvine via Kraemer Boulevard/Glassell Street/
Grand Avenue and Von Karman Avenue. The Route 59 stop closest to the project site is east of Campus
Drive and University Avenue. Route 59 operates in full-route mode on weekdays from 5:50 AM to 10:30
PM with 50- to 60-minute headways (the time interval between bus arrivals). On Saturdays, Route 59 does
not offer service to UCI; it only operates to Pullman Street and Dyer Road from approximately 5:50 AM to
9:20 PM with 50- to 60-minute headways. Route 59 does not operate on Sundays.
OCTA Route 76 operates between the cities of Huntington Beach and Newport Beach via Talbert Avenue/
MacArthur Boulevard. The Route 76 stop closest to the project site is at the corner of Michelson Drive and
Dupont Drive. Route 76 operates on weekdays, from approximately 6:00 AM to 7:00 PM, with 1-hour
headways. Route 76 does not operate on weekends.
OCTA Route 79 operates between the cities of Tustin and Newport Beach via Bryan Avenue/ Culver Drive/
University Avenue. The Route 79 stop closest to the project site is at the corner of Michelson Drive and
Culver Drive. Route 79 operates every day from 6:10 AM to 9:00 PM with 1-hour headways.
OCTA Route 167 operates between the cities of Orange and Irvine via Hewes Street/ Irvine Boulevard/
Jeffrey Road. The Route 167 stop closest to the project site is at the corner of University Drive and Harvard
Avenue. Route 167 operates weekdays from approximately 5:15 AM to 9:25 PM with 1-hour headways.
Route 167 does not operate on weekends.
OCTA Route 178 operates between the cities of Huntington Beach and Irvine via Adams Avenue, Birch
Street, and Campus Drive. The Route 178 stop closest to the project site is located at the corner of Birch
Avenue and Von Karman Avenue. Route 178 operates on weekdays from 5:10 AM to 9:50 PM with
approximately 1-hour headways. Route 178 does not operate on weekends.
OCTA Route 213 operates between the cities of Brea and Irvine via SR-55. The Route 213 stop closest to
the project site is located at the corner of Michelson Drive at Riparian View. Route 213 operates on
weekdays from 5:30 AM to 7:00 PM with 30-minute headways. Route 213 does not operate on weekends.
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OCTA Route 472 operates between the cities of Tustin and Irvine via Edinger Avenue, Red Hill Avenue,
Campus Drive and Jamboree Road. The Route 472 stop closest to the project site is located at the corner
of Jamboree Road and Birch Street. Route 472 operates on weekdays from 6:10 AM to 9:10 PM with 30-
minute to 1-hour headways. Route 472 does not operate on weekends.
OCTA Route 473 operates between the cities of Tustin and Irvine via Edinger Avenue/ Harvard Avenue.
The Route 473 stop closest to the project site is located at the corner of Harvard Avenue and Bridge
Avenue. Route 473 operates on weekdays from approximately 6:10 AM to 9:20 PM with 20- to 30-minute
headways. Route 473 does not operate on weekends.
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5 EXISTING TRAFFIC CONDITIONS
5.1 Existing Traffic Volumes
Field observations of all study intersections were conducted to document the number of through and
turning lanes, traffic control, and other existing traffic conditions at each intersection. Existing lane
configurations and intersection traffic control at the study intersections are shown on Figure 6.
Existing morning and evening peak hour intersection turning movement counts were provided by the
cities of Newport Beach and Irvine. Intersection counts that were not provided by either city were
collected in either 2018 or 2019. The traffic counts provided by the cities of Newport Beach and Irvine
were conducted between 2017 and 2019. For City of Newport Beach intersections, traffic counts older
than one year have been grown at 1 percent per year on certain major roadways, per direction from City
staff, to grow the counts to Year 2020. For City of Irvine intersections, traffic counts were grown at 2
percent per year, based on direction from City staff, to grow the counts to Year 2020. The resulting peak
hour turning movement volumes are shown on Figure 7. Copies of peak hour traffic data collection sheets
are provided in Appendix A.
5.2 Existing Intersection Analysis
Peak hour intersection analysis was conducted for the signalized study intersections using the applicable
intersection analysis methodology and parameters for each city, as discussed previously in this report.
Unsignalized intersections were analyzed using the HCM methodology for unsignalized intersections.
Existing AM and PM peak hour intersection operations are summarized on Table 1. All study intersections
are currently operating at an acceptable Level of Service (LOS D for all intersections, except LOS E for
intersections in the Airport Area or the IBC area, and CMP intersections). Intersection Level of Service
worksheets are provided in Appendix B.
Table 1: Summary of Intersection Operation Existing Conditions
Int. # Intersection
Traffic
Control
AM Peak Hour PM Peak Hour
ICU/Delay LOS ICU/Delay LOS
1 MacArthur Blvd at Campus Dr* S 0.50 A 0.82 D
2 MacArthur Blvd at Birch St S 0.34 A 0.52 A
3 MacArthur Blvd at Von Karman Ave S 0.55 A 0.52 A
4 MacArthur Blvd at Jamboree Rd* S 0.58 A 0.67 B
5 Von Karman Ave at Michelson Dr* S 0.54 A 0.68 B
6 Von Karman Ave at Campus Dr* S 0.52 A 0.70 B
7 Von Karman Ave at Birch St S 0.32 A 0.42 A
8 Teller Ave at Birch St U 12.2 B 13.5 B
9 Jamboree Rd at I-405 NB Ramps* S 0.76 C 0.85 D
10 Jamboree Rd at I-405 SB Ramps* S 0.96 E 0.95 E
11 Jamboree Rd at Michelson Dr* S 0.63 B 0.88 D
12 Jamboree Rd at Campus Dr* S 0.62 B 0.63 B
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Table 1: Summary of Intersection Operation Existing Conditions
Int. # Intersection
Traffic
Control
AM Peak Hour PM Peak Hour
ICU/Delay LOS ICU/Delay LOS
13 Jamboree Rd at Birch St* S 0.52 A 0.53 A
14 Jamboree Rd at Fairchild Dr* S 0.57 A 0.69 B
15 Jamboree Rd at Bristol St N S 0.37 A 0.46 A
16 Jamboree Rd at Bristol St S S 0.67 B 0.62 B
17 Jamboree Rd at Bayview Way S 0.43 A 0.44 A
18 Jamboree Rd at University Dr S 0.62 B 0.53 A
19 University Dr at Campus Dr 1 S 0.79 C 0.79 C
20 Bristol St N at Campus Dr S 0.54 A 0.68 B
21 Bristol St S at Irvine Ave/Campus Dr S 0.68 B 0.52 A
22 Irvine Ave at Mesa Dr S 0.48 A 0.64 B
23 Birch St at Bristol St N S 0.64 B 0.55 A
24 Birch St at Bristol St S S 0.48 A 0.48 A
25 Bayview Pl at Bristol St S S 0.51 A 0.50 A
S = Signalized; U = Unsignalized; ICU = Intersection Capacity Utilization; LOS = Level of Service
Bold and shaded values indicate intersections operating at LOS E or F per City standards.
For signalized intersections, intersection operation is expressed in volume-to-capacity (V/C) ratio using the ICU methodology. For unsignalized
intersections, LOS is expressed in average seconds of delay per peak hour vehicle, based on the methodology outlined in the 2010 Highway
Capacity Manual.
* Level of Service E is acceptable at this intersection.
1 A 5% capacity credit is applied at this intersection to reflect implementation of the Advanced Transportation Management System (ATMS)
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LEGEND:Free MovementFRight-Turn OverlapNewport Beach Intersection SignalFIGURE 6EXISTING LANE CONFIGURATION AND TRAFFIC CONTROLFFOne-WayOne-WayOne-WayOne-WayOne-WayOn-RampOne-WayFFFOVLFStop SignOVLFFFFFOn-RampFFOn-RampOne-WayFFXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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City BoundaryDDDDDefacto Right-Turn LaneDIrvine Intersection X1. MacArthur Blvdat Campus Dr2. MacArthur Blvdat Birch St3. MacArthur Blvdat Von Karman Ave4. MacArthur Blvdat Jamboree Rd6. Von Karman Aveat Campus Dr7. Von Karman Aveat Birch St8. Teller Aveat Birch St9. Jamboree Rdat I-405 NB Ramp11. Jamboree Rdat Michelson Dr12. Jamboree Rdat Campus Dr13. Jamboree Rdat Birch St14. Jamboree Rdat Fairchild Rd16. Jamboree Rdat Bristol St S17. Jamboree Rdat Bayview Wy18. Jamboree Rdat University Dr19. University Drat Campus Dr21. Bristol St Sat Campus Dr22. Irvine Aveat Mesa Dr23. Bristol St Nat Birch St24. Bristol St Sat Birch St25. Bristol St Sat Bayview Pl5. Von Karman Aveat Michelson Dr10. Jamboree Rdat I-405 SB Ramp15. Jamboree Rdat Bristol St N20. Bristol St Nat Campus Dr- 23 -Caltrans IntersectionXNRORNo Right-Turn On RedNRORFF171
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eFIGURE 7EXISTING PEAK HOUR TRAFFIC VOLUMESLEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection X- 25 -Caltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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6 PROPOSED PROJECT TRAFFIC
6.1 Project Trip Generation
Trip generation estimates for the proposed Project were developed using the Institute of Transportation
Engineers (ITE) Trip Generation Manual (10th Edition) publication. The proposed project components and
trip generation estimates for the Residences at 4400 Von Karman are as follows:
▪Multifamily Housing (Mid-Rise) (Land Use 221)
Daily, morning peak hour, and evening peak hour trip generation estimates for the proposed Project are
shown on Table 2. The Project (312 units) would generate approximately 1,697 daily trips, with 112
morning peak hour trips (29 inbound and 83 outbound) and 138 evening peak hour trips (84 inbound and
54 outbound).
The project site is located in traffic analysis zone (TAZ) 1405 of the Newport Beach Traffic Model (NBTM).
The City of Newport Beach General Plan Transportation Study (March 2006) includes 128 apartment units.
Because the Project proposes 312 multi-family rental units, the Post-2030 General Plan Buildout With
Project scenario adds 184 additional multi-family units.
Table 2: Summary of Project Trip Generation
Land Use ITE Code Unit
Trip Generation Rates 1
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Multifamily Housing (Mid-Rise) 221 DU 5.44 0.094 0.266 0.36 0.268 0.172 0.44
Land Use Quantity Unit
Trip Generation Estimates
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Multifamily Housing (Mid-Rise) 2 312 DU 1,697 29 83 112 84 54 138
Total Project Trips 1,697 29 83 112 84 54 138
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition
2 Trip generation estimates shown in Table 2 have been used for TPO Analysis Year 2025 With Project and CEQA Analysis Year 2025 With Project
analyses. Trip generation for Post-2030 General Plan Buildout With Project is shown on Table 10.
6.2 Project Trip Distribution and Assignment
Project trip distribution assumptions for the project site were developed based on likely origins and
destinations of project residents and visitors, and the transportation network available for those trips.
Distribution assumptions were submitted to City staff for review and concurrence. Trip distribution
assumptions for the Project are shown on Figure 8. The resulting project-related traffic volumes at each
study intersection are shown on Figure 9.
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LEGEND:City BoundaryTrip Distribution PercentXX%FIGURE 8PROJECT TRIP DISTRIBUTION15%15%10%5%20%10%10%5%5%5%- 29 -177
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eFIGURE 9PROJECT-RELATED PEAK HOUR TRAFFIC VOLUMES- 31 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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7 FUTURE CONDITIONS
The project Opening Year is Year 2024. Per the City’s TPO analysis guidelines, the Future Year analysis is
one year after Opening Year, therefore Year 2025 was used in the Future Conditions analysis. Near-term
future traffic forecasts have been developed for two analysis conditions:
▪Future Year with Existing plus Growth plus Committed Projects, representing analysis of the
conditions required by the City of Newport Beach Traffic Phasing Ordinance (TPO)
▪Future Year with Existing plus Growth plus Committed plus Cumulative Projects, as required by
CEQA.
A discussion of each is provided in the following sections.
7.1 Traffic Phasing Ordinance (TPO) Analysis
The City of Newport Beach TPO first requires a determination of whether project trips will increase traffic
volumes on any leg of a Primary Intersection by one percent (1%) or more during either the morning or
evening peak hour one year after project completion, or that portion of the Project expected to be
constructed within five years (sixty months) of project approval, which would be Year 2025. The TPO then
requires a Level of Service analysis of the project impact at any Primary Intersection that exceeds the
one percent threshold.
For TPO purposes, traffic forecasts for study intersections in the City of Newport Beach are developed by
applying an ambient growth rate of one percent per year on primary roadways (Jamboree Road,
MacArthur Boulevard and Irvine Avenue), plus traffic from Committed Projects in the vicinity of the
project site. For study intersections in the City of Irvine, a growth factor of two percent per year is applied
to develop Year 2025 forecasts.
Committed projects consist of projects in the City of Newport Beach that have been approved but are not
yet fully constructed and occupied. Committed Projects information was provided by the City of Newport
Beach Staff. A copy of the Approved Projects data sheets provided by the City of Newport Beach is
included in Appendix C. A summary of the Newport Beach Committed Projects is provided on Table 3.
Traffic volumes generated by the Committed Projects in the study area were added to existing peak hour
volumes plus ambient growth to develop the TPO Analysis Year 2025 forecast traffic volumes. The
resulting peak hour traffic volumes are shown on Figure 10.
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Table 3: Summary of City of Newport Beach Committed Projects
Project Number Project Name
Percent
Complete
148 Fashion Island Expansion 40%
154 Temple Bat Yahm Expansion 65%
945 Hoag Hospital Phase III 0%
949 St. Mark Presbyterian Church 77%
955 2300 Newport Boulevard 15%
958 Hoag Health Center 95%
959 North Newport Center 0%
962 328 Old Newport Medical 0%
965 Mariner’s Pointe 82%
968 Uptown Newport (Phase 2) 0%
969 Uptown Newport (Phase 1) 5%
971 Back Bay Landing 300 E. Coast Highway 0%
974 Newport Executive Center 70%
975 Ebb Tide Residential 20%
976 ENC Nature Pre-school 0%
977 Balboa Marina West 0%
979 Newport Crossings 0%
980 Vivante Senior Center 0%
Source: City of Newport Beach – Traffic Phasing Ordinance Data – Includes approved projects less than 100%
complete.
TPO 1% Analysis
In accordance with City of Newport Beach traffic study requirements, the project traffic contribution at
the Primary Intersections was evaluated to determine the extent of the Traffic Impact Study required of
the Project. The Primary Intersections identified through the 1% Analysis will be evaluated for the LOS
Analysis.
For the TPO Analysis, the project-related morning and evening peak hour traffic volumes were compared
to the TPO Analysis Year 2025 Without Project peak hour volumes on each leg of each Primary Intersection
to determine whether the Project would result in a 1 percent increase. The results of the analysis are
summarized on Table 4. The 1% Analysis Worksheets for the TPO Analysis are provided in Appendix D.
Table 4 shows that the project traffic will exceed 1 percent on at least one approach in one or both peak
hours at each of the Newport Beach Primary Intersections, except at the following intersections:
6. Von Karman Avenue at Campus Drive
12. Jamboree Road at Campus Drive
17. Jamboree Road at Bayview Way
18. Jamboree Road at University Drive
21. Bristol Street South at Irvine Avenue/
Campus Drive
22. Irvine Avenue at Mesa Drive
24. Birch Street at Bristol Street South
25. Bayview Place at Bristol Street South
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eFIGURE 10TPO ANALYSIS YEAR 2025 WITHOUT PROJECT PEAK HOUR TRAFFIC VOLUMES- 35 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboreeJamboree
JamboreeJamboreeJamboree
Jamboree
JamboreeJamboree
Jamboree CampusBirchMichelsonBayviewUniversityBristolBristolBristolBristolBristolCampus
Birch
Campus
Birch
Bayview Irvine
MesaCampusUniversity
Irvine
EastbluffFairchildBristolTellerVon Karman
Von Karman
Von Karman
MacArthur
MacArthurMacArthurMacArthur 1. MacArthur Blvdat Campus Dr2. MacArthur Blvdat Birch St3. MacArthur Blvdat Von Karman Ave4. MacArthur Blvdat Jamboree Rd6. Von Karman Aveat Campus Dr7. Von Karman Aveat Birch St8. Teller Aveat Birch St9. Jamboree Rdat I-405 NB Ramp11. Jamboree Rdat Michelson Dr12. Jamboree Rdat Campus Dr13. Jamboree Rdat Birch St14. Jamboree Rdat Fairchild Rd16. Jamboree Rdat Bristol St S17. Jamboree Rdat Bayview Wy18. Jamboree Rdat University Dr19. University Drat Campus Dr21. Bristol St Sat Campus Dr22. Irvine Aveat Mesa Dr23. Bristol St Nat Birch St24. Bristol St Sat Birch St25. Bristol St Sat Bayview Pl5. Von Karman Aveat Michelson Dr10. Jamboree Rdat I-405 SB Ramp15. Jamboree Rdat Bristol St N20. Bristol St Nat Campus Dr183
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The analysis will proceed with a TPO Traffic Impact Study at the remaining Newport Beach Primary
Intersections. It should be noted that the 1% Analysis was not conducted for the study intersections
entirely in the City of Irvine because the TPO requirement only applies to the City of Newport Beach
Primary Intersections. All study intersections in the City of Irvine, including study intersections located on
the border of Irvine and Newport Beach, have been analyzed for all study scenarios in this report.
Table 4: Summary of 1% TPO Analysis
No. Intersection Condition
Northbound
Approach
Southbound
Approach
Eastbound
Approach
Westbound
Approach
AM PM AM PM AM PM AM PM
1 MacArthur Blvd/
Campus Dr
1% of projected pk hr volume 9 16 16 20 14 9 3 16
Project peak hour volume 17 11 6 17 0 0 0 0
Project traffic less than 1%? N Y Y Y Y Y Y Y
2 MacArthur Blvd/
Birch St
1% of projected pk hr volume 8 11 10 12 5 7 2 9
Project peak hour volume 0 0 6 17 3 8 30 20
Project traffic less than 1%? Y Y Y N Y N N N
3 MacArthur Blvd/
Von Karman Ave
1% of projected pk hr volume 17 12 7 11 1 5 3 8
Project peak hour volume 7 19 0 0 0 0 19 12
Project traffic less than 1%? Y N Y Y Y Y N N
4 MacArthur Blvd/
Jamboree Rd
1% of projected pk hr volume 17 14 8 21 18 14 17 18
Project peak hour volume 6 17 18 12 8 22 14 9
Project traffic less than 1%? Y N N Y Y N Y Y
6 Von Karman Ave/
Campus Dr
1% of projected pk hr volume 8 8 7 13 7 8 5 9
Project peak hour volume 4 3 1 4 0 0 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
12 Jamboree Rd/
Campus Dr
1% of projected pk hr volume 18 20 23 21 4 12 8 9
Project peak hour volume 15 9 6 17 2 1 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
13 Jamboree Rd/
Birch St
1% of projected pk hr volume 19 19 24 22 2 7 0 2
Project peak hour volume 7 20 5 15 29 18 0 0
Project traffic less than 1%? Y N Y Y N N Y Y
15 Jamboree Rd/
Bristol St N
1% of projected pk hr volume 34 35 15 19 0 1 0 1
Project peak hour volume 8 22 15 10 0 0 0 0
Project traffic less than 1%? Y Y N Y Y Y Y Y
16 Jamboree Rd/
Bristol St S
1% of projected pk hr volume 20 21 8 11 32 29 0 0
Project peak hour volume 3 8 8 5 5 13 0 0
Project traffic less than 1%? Y Y N Y Y Y Y Y
17 Jamboree Rd/
Bayview Wy
1% of projected pk hr volume 19 21 23 22 2 3 1 2
Project peak hour volume 3 8 8 5 0 0 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
18 Jamboree Rd/
University Dr
1% of projected pk hr volume 17 20 22 22 6 4 5 6
Project peak hour volume 3 8 8 5 0 0 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
20 Bristol St N/
Campus Dr
1% of projected pk hr volume 21 11 5 22 0 0 17 22
Project peak hour volume 2 6 3 2 0 0 17 11
Project traffic less than 1%? Y Y Y Y Y Y N Y
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Table 4: Summary of 1% TPO Analysis
No. Intersection Condition
Northbound
Approach
Southbound
Approach
Eastbound
Approach
Westbound
Approach
AM PM AM PM AM PM AM PM
21 Bristol St S at Irvine
Ave /Campus Dr
1% of projected pk hr volume 15 10 5 13 33 20 0 0
Project peak hour volume 1 3 3 2 1 3 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
22 Irvine Ave at
Mesa Dr
1% of projected pk hr volume 20 9 7 18 5 3 2 8
Project peak hour volume 2 4 3 2 0 0 1 1
Project traffic less than 1%? Y Y Y Y Y Y Y Y
23 Birch St at
Bristol St N
1% of projected pk hr volume 12 5 2 11 0 0 21 21
Project peak hour volume 1 1 10 7 0 0 7 5
Project traffic less than 1%? Y Y N Y Y Y Y Y
24 Birch St at
Bristol St S
1% of projected pk hr volume 8 5 5 10 22 15 0 0
Project peak hour volume 1 1 1 1 0 0 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
25 Bayview Pl at
Bristol St S
1% of projected pk hr volume 1 3 0 0 35 26 0 0
Project peak hour volume 0 0 0 0 5 13 0 0
Project traffic less than 1%? Y Y Y Y Y Y Y Y
TPO Analysis Year 2025 Without Project
Intersection analysis was conducted for the TPO Analysis Year 2025 (Existing plus Growth plus Committed
Projects) Without Project peak hour traffic conditions. Intersection worksheets are provided in Appendix
B. The results of the intersection analysis are summarized on Table 5. Review of the table shows that the
following study intersection would operate at an unacceptable Level of Service under TPO Analysis Year
2025 Without Project Conditions:
10. Jamboree Road at I-405 SB Ramps: AM – LOS F; PM – LOS F
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Table 5: Intersection Operations – TPO Analysis Year 2025 Without Project Conditions
Int.# Intersection
Traffic
Control
AM Peak Hour PM Peak Hour
ICU/Delay LOS ICU/Delay LOS
1 MacArthur Blvd at Campus Dr* S 0.56 A 0.90 D
2 MacArthur Blvd at Birch St S 0.37 A 0.55 A
3 MacArthur Blvd at Von Karman Ave S 0.57 A 0.55 A
4 MacArthur Blvd at Jamboree Rd* S 0.65 B 0.73 C
5 Von Karman Ave at Michelson Dr* S 0.59 A 0.74 C
6 Von Karman Ave at Campus Dr* S 0.59 A 0.77 C
7 Von Karman Ave at Birch St S 0.32 A 0.42 A
8 Teller Ave at Birch St U 12.2 B 13.5 B
9 Jamboree Rd at I-405 NB Ramps* S 0.83 D 0.93 E
10 Jamboree Rd at I-405 SB Ramps* S 1.07 F 1.04 F
11 Jamboree Rd at Michelson Dr* S 0.69 B 0.97 E
12 Jamboree Rd at Campus Dr* S 0.70 B 0.71 C
13 Jamboree Rd at Birch St* S 0.59 A 0.62 B
14 Jamboree Rd at Fairchild Dr* S 0.68 B 0.79 C
15 Jamboree Rd at Bristol St N S 0.42 A 0.51 A
16 Jamboree Rd at Bristol St S S 0.70 B 0.68 B
19 University Dr at Campus Dr 1 S 0.88 D 0.86 D
20 Bristol St N at Campus Dr S 0.56 A 0.69 B
23 Birch St at Bristol St N S 0.68 B 0.57 A
Notes:
- Bold values indicate intersections operating at an unacceptable Level of Service
- Intersection operation is expressed in volume-to-capacity (v/c) ratio for signalized intersections, and average delay for unsignalized
intersections.
-Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.
* Level of Service E is acceptable at this intersection.
1 A 5% capacity credit is applied at this intersection to reflect implementation of the Advanced Transportation Management System (ATMS)
TPO Analysis Year 2025 With Project
In this scenario, project-related peak hour traffic volumes are added to the TPO Analysis Year 2025
Without Project traffic volumes. TPO Analysis Year 2025 With Project peak hour volumes are shown on
Figure 11. The results of the intersection analysis are summarized on Table 6. Review of this table shows
that the following study intersection would operate at an unacceptable Level of Service under TPO
Analysis Year 2025 with project conditions:
10. Jamboree Road at I-405 SB Ramps: AM – LOS F; PM – LOS F
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Table 6: Intersection Operations – TPO Analysis Year 2025 With Project Conditions
Int.
# Intersection
AM Peak Hour PM Peak Hour
Without Project With Project
Change
Sig
Impact?
Without Project With Project
Change
Sig
Impact? ICU/Delay LOS ICU/Delay LOS ICU/Delay LOS ICU/Delay LOS
1 MacArthur Blvd at Campus Dr* 0.56 A 0.56 A 0.00 No 0.90 D 0.90 D 0.00 No
2 MacArthur Blvd at Birch St 0.37 A 0.38 A 0.01 No 0.55 A 0.56 A 0.01 No
3 MacArthur Blvd at Von Karman Ave 0.57 A 0.58 A 0.01 No 0.55 A 0.55 A 0.00 No
4 MacArthur Blvd at Jamboree Rd* 0.65 B 0.66 B 0.01 No 0.73 C 0.74 C 0.01 No
5 Von Karman Ave at Michelson Dr* 0.59 A 0.60 A 0.01 No 0.74 C 0.75 C 0.01 No
6 Von Karman Ave at Campus Dr* 0.59 A 0.59 A 0.00 No 0.77 C 0.78 C 0.01 No
7 Von Karman Ave at Birch St 0.32 A 0.33 A 0.01 No 0.42 A 0.43 A 0.01 No
8 Teller Ave at Birch St (unsignalized) 12.2 B 12.7 B 0.5 No 13.5 B 14.8 B 1.3 No
9 Jamboree Rd at I-405 NB Ramps* 0.83 D 0.83 D 0.00 No 0.93 E 0.93 E 0.00 No
10 Jamboree Rd at I-405 SB Ramps* 1.07 F 1.07 F 0.00 No 1.04 F 1.04 F 0.00 No
11 Jamboree Rd at Michelson Dr* 0.69 B 0.69 B 0.00 No 0.97 E 0.97 E 0.00 No
12 Jamboree Rd at Campus Dr* 0.70 B 0.70 B 0.00 No 0.71 C 0.71 C 0.00 No
13 Jamboree Rd at Birch St* 0.59 A 0.60 A 0.01 No 0.62 B 0.64 B 0.02 No
14 Jamboree Rd at Fairchild Dr* 0.68 B 0.68 B 0.00 No 0.79 C 0.79 C 0.00 No
15 Jamboree Rd at Bristol St N 0.42 A 0.42 A 0.00 No 0.51 A 0.52 A 0.01 No
16 Jamboree Rd at Bristol St S 0.70 B 0.70 B 0.00 No 0.68 B 0.69 B 0.01 No
19 University Dr at Campus Dr 1 0.88 D 0.88 D 0.00 No 0.86 D 0.86 D 0.00 No
20 Bristol St N at Campus Dr 0.56 A 0.57 A 0.01 No 0.69 B 0.69 B 0.00 No
23 Birch St at Bristol St N 0.68 B 0.68 B 0.00 No 0.57 A 0.57 A 0.00 No
Notes:
-Bold values indicate intersections operating at an unacceptable Level of Service
-Intersection operation is expressed in volume-to-capacity (v/c) ratio for signalized intersections, and average delay for unsignalized intersections.
-Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.
1 A 5% capacity credit is applied at this intersection to reflect implementation of the Advanced Transportation Management System (ATMS)
* Level of Service E is acceptable at this intersection.
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eFIGURE 11TPO ANALYSIS YEAR 2025 WITH PROJECT PEAK HOUR TRAFFIC VOLUMES- 43 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
JamboreeJamboree
JamboreeJamboreeJamboree
Jamboree
JamboreeJamboree
Jamboree CampusBirchMichelsonBayviewUniversityBristolBristolBristolBristolBristolCampus
Birch
Campus
Birch
Bayview Irvine
MesaCampusUniversity
Irvine
EastbluffFairchildBristolTellerVon Karman
Von Karman
Von Karman
MacArthur
MacArthurMacArthurMacArthur 1. MacArthur Blvdat Campus Dr2. MacArthur Blvdat Birch St3. MacArthur Blvdat Von Karman Ave4. MacArthur Blvdat Jamboree Rd6. Von Karman Aveat Campus Dr7. Von Karman Aveat Birch St8. Teller Aveat Birch St9. Jamboree Rdat I-405 NB Ramp11. Jamboree Rdat Michelson Dr12. Jamboree Rdat Campus Dr13. Jamboree Rdat Birch St14. Jamboree Rdat Fairchild Rd16. Jamboree Rdat Bristol St S17. Jamboree Rdat Bayview Wy18. Jamboree Rdat University Dr19. University Drat Campus Dr21. Bristol St Sat Campus Dr22. Irvine Aveat Mesa Dr23. Bristol St Nat Birch St24. Bristol St Sat Birch St25. Bristol St Sat Bayview Pl5. Von Karman Aveat Michelson Dr10. Jamboree Rdat I-405 SB Ramp15. Jamboree Rdat Bristol St N20. Bristol St Nat Campus Dr191
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7.2 CEQA Analysis
CEQA requires that a Cumulative Conditions analysis be conducted. The Cumulative Conditions analysis
includes traffic from Cumulative Projects in the vicinity of the project site.
Cumulative Projects consist of the Committed Projects (approved projects in the City of Newport Beach),
as well as other projects that are in various stages of the application and approval process but have not
yet been approved. These projects are considered to be “reasonably foreseeable” projects and must
therefore be analyzed for CEQA purposes. The Cumulative Projects list includes the projects identified by
the City of Newport Beach as Committed Projects, plus pending projects in the City of Newport Beach, as
well as approved and pending projects in the City of Irvine. A summary of Cumulative Projects is provided
on Table 7. The location of the Cumulative Projects in relation to the project site is shown on Figure 12.
Cumulative Projects information and data provided by the City of Newport Beach and the City of Irvine
are provided in Appendix C.
The CEQA Cumulative Conditions analysis was conducted for the following scenarios:
▪CEQA Analysis Year 2025 Without Project
▪CEQA Analysis Year 2025 With Project
Future Year Cumulative Conditions peak hour traffic volumes for the City of Newport Beach intersections
were developed by adding an ambient growth rate of one percent per year to existing volumes on primary
roadways and then adding peak hour traffic volumes from both the Committed and Cumulative Projects.
For the City of Irvine intersections, City of Irvine transportation planning staff provided peak hour traffic
forecasts from the Irvine Traffic Analysis Model (ITAM) which is maintained and operated by the City of
Irvine. The ITAM forecasts include the effects of ambient traffic growth and traffic from Cumulative
Projects; the ITAM forecasts are in Appendix C. ITAM forecasts represent year 2023 traffic volumes;
therefore, City of Irvine staff recommended applying a growth factor of 2 percent per year to develop
Year 2025 forecasts. The westbound approach at the intersection of Jamboree Road at Birch Street will
be widened to one left-turn lane, one shared left-through lane, and a dedicated right-turn lane to account
for the traffic generated by the UCI North Campus Child Health. The modified westbound approach was a
recommended improvement in the UCI North Campus Child Health Traffic Study.
CEQA Analysis Year 2025 Without Project
CEQA Analysis Year 2025 Without Project peak hour traffic volumes for all study intersections are shown
on Figure 13. CEQA Analysis Year 2025 Without Project intersection operations are summarized in Table 8.
All study intersections are forecasted to operate at an acceptable Level of Service in both peak hours with
the exception of the following:
10. Jamboree Road at I-405 SB Ramps: AM – LOS F; PM – LOS F
11.Jamboree Road at Michelson Drive: PM – LOS F
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Table 7: Summary of Cumulative Projects
Proj
# Description Land Use Qty Units
Trip Generation Estimates
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
City of Newport Beach
1 Drive Shack Golf Driving Range 102 Driving
Position 1,392 25 16 41 57 70 127
2 Newport Airport
Village
Multi-family
Housing (Mid-Rise) 329 DU 1,790 31 88 119 88 57 145
3 UCI North Campus
Hospital
Hospital (City of
Irvine) 350.000 KSF 3,752 212 100 312 109 231 340
4 UCI North Campus
Child Health
Medical-Dental
Office Building
(City of Irvine)
168.000 KSF 5,846 364 103 467 163 418 581
5 Newport Coast Mixed Residential 1,518 DU 14,778 413 932 1,345 926 557 1,483
6 Westcliff Restaurant
Fast-Food
Restaurant w/out
drive-through
11.953 KSF 4,002 180 120 300 101 102 203
7 Garden Restaurant Quality Restaurant 10.987 KSF 971 6 2 8 55 29 84
8 Newport Village Mixed Use N/A N/A 2,832 139 69 207 102 148 251
9 Bayside Family
Resort Hotel Hotel 275 Room 1,796 64 49 113 67 67 134
City of Irvine
10 Landmark
Hotel 386 Room 3,227 107 74 181 118 113 231
General Office
Building 448.000 KSF 4,364 447 73 520 82 433 515
11 Trilogy Residential Multi-family
Housing (Mid-Rise) 876 DU 4,765 82 233 315 235 151 386
12 Banc & Office Hotel
Hotel 225 Room 1,881 62 43 105 69 66 135
General Office
Building 150.000 KSF 1,461 150 24 174 28 145 173
13 Park Place Office
Building
General Office
Building 199.000 KSF 1,938 199 32 231 37 192 229
14 Towneplace Hotel Business Hotel 165 Occupied
Room 838 49 43 92 41 33 74
15 17850 Von Karman General Office
Building 240.856 KSF 2,346 240 39 279 44 233 277
16 15 Degrees South Multi-family
Housing (Mid-Rise) 150 DU 816 14 40 54 40 26 66
17 2525 Main Street Multi-family
Housing (Mid-Rise) 272 DU 1,480 26 72 98 73 47 120
18 2055 Main Street Multi-family
Housing (Mid-Rise) 178 DU 968 17 47 64 48 31 79
19 Pistoia Apartments Multi-family
Housing (Mid-Rise) 371 DU 2,018 35 99 134 99 64 163
20 Milani Apartments Multi-family
Housing (Mid-Rise) 287 DU 1,561 27 76 103 77 49 126
21 Central Park West
Multi-family
Housing (Mid-Rise) 1,560 DU 8,486 147 415 562 418 268 686
Shopping Center 10.016 KSF 378 6 4 10 18 20 38
22 Main & Jamboree Multi-family
Housing (Mid-Rise) 288 DU 1,567 27 77 104 77 50 127
23 17821 Gillette Multi-family
Housing (Mid-Rise) 39 DU 212 4 10 14 10 7 17
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Table 7: Summary of Cumulative Projects
Proj
# Description Land Use Qty Units
Trip Generation Estimates
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
24 17811 Gillette Multi-family
Housing (Mid-Rise) 44 DU 239 4 12 16 12 8 20
25 17822 Gillette Multi-family
Housing (Mid-Rise) 137 DU 745 13 36 49 37 24 61
26 360 Fusion Multi-family
Housing (Mid-Rise) 280 DU 1,523 26 74 100 75 48 123
27 2602 McGaw Multi-family
Housing (Mid-Rise) 120 DU 653 11 32 43 32 21 53
Total Project Trips 78,625 3,127 3,034 6,160 3,338 3,708 7,047
DU = Dwelling Unit, KSF = 1,000 square feet,
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eFIGURE 12LOCATION OF CUMULATIVE PROJECTSLEGEND:XCumulative ProjectCity Boundary111312101617181920212223252627241413- 49 -241598765197
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eFIGURE 13CEQA ANALYSIS YEAR 2025 WITHOUT PROJECT PEAK HOUR TRAFFIC VOLUMES- 51 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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Table 8: Intersection Operation – CEQA Analysis Year 2025 Without Project Conditions
Int. # Intersection
AM Peak Hour PM Peak Hour
ICU/Delay LOS ICU/Delay LOS
1 MacArthur Blvd at Campus Dr* 0.667 B 0.959 E
2 MacArthur Blvd at Birch St 0.401 A 0.583 A
3 MacArthur Blvd at Von Karman Ave 0.572 A 0.572 A
4 MacArthur Blvd at Jamboree Rd* 0.723 C 0.837 D
5 Von Karman Ave at Michelson Dr* 0.676 B 0.785 C
6 Von Karman Ave at Campus Dr* 0.740 C 0.860 D
7 Von Karman Ave at Birch St 0.337 A 0.435 A
8 Teller Ave at Birch St (unsignalized) 12.5 B 14.2 B
9 Jamboree Rd at I-405 NB Ramps* 0.828 D 0.922 E
10 Jamboree Rd at I-405 SB Ramps* 1.060 F 1.013 F
11 Jamboree Rd at Michelson Dr* 0.823 D 1.050 F
12 Jamboree Rd at Campus Dr* 0.808 D 0.811 D
13 Jamboree Rd at Birch St* 0.728 C 0.899 D
14 Jamboree Rd at Fairchild Dr* 0.776 C 0.548 A
15 Jamboree Rd at Bristol St N 0.440 A 0.590 A
16 Jamboree Rd at Bristol St S 0.734 C 0.715 C
17 Jamboree Rd at Bayview Way 0.473 A 0.491 A
18 Jamboree Rd at University Dr 0.675 B 0.601 B
19 University Dr at Campus Dr 1 0.871 D 0.853 D
20 Bristol St N at Campus Dr 0.581 A 0.737 C
21 Bristol St S at Irvine Ave / Campus Dr 0.691 B 0.560 A
22 Irvine Ave at Mesa Dr 0.507 A 0.669 B
23 Birch St at Bristol St N 0.694 B 0.632 B
24 Birch St at Bristol St S 0.496 A 0.507 A
25 Bayview Pl at Bristol St S 0.551 A 0.539 A
Note:
- Bold values indicate intersections operating at an unacceptable Level of Service
- Intersection operation is expressed in volume-to-capacity (v/c) ratio for signalized intersections, and average delay for unsignalized
intersections.
- Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.
* Level of Service E is acceptable at this intersection.
1 A 5% capacity credit is applied at this intersection to reflect implementation of the Advanced Transportation Management System (ATMS)
CEQA Analysis Year 2025 With Project
In this scenario, project-related peak hour traffic volumes were added to the CEQA Analysis Year 2025
Without Project traffic volumes. The resulting CEQA Analysis Year 2025 With Project peak hour volumes
are shown on Figure 14, and the resulting intersection operations are summarized on Table 9. The
following intersections would continue to operate at a deficient Level of Service under CEQA Analysis Year
2025 With Project conditions:
10. Jamboree Road at I-405 SB Ramps: AM – LOS F; PM – LOS F
11. Jamboree Road at Michelson Drive: PM – LOS F
Based on the significance criteria set forth in this traffic study, the Project’s incremental increase does not
exceed the significance threshold at the deficient intersections and would not result in a significant impact
with the addition of project trips. All other intersections would operate at an acceptable Level of Service
in both peak hours.
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eFIGURE 14CEQA ANALYSIS YEAR 2025 WITH PROJECT PEAK HOUR TRAFFIC VOLUMES- 55 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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Table 9: Intersection Operation – CEQA Analysis Year 2025 With Project Conditions
Int. # Intersection
AM Peak Hour PM Peak Hour
Without Project With Project
Change
Delay
Sig
Impact?
Without Project With Project
Change
Delay
Sig
Impact? ICU/ Delay LOS
ICU/
Delay LOS
ICU/
Delay LOS
ICU/
Delay LOS
1 MacArthur Blvd at Campus Dr* 0.667 B 0.669 B 0.002 No 0.959 E 0.961 E 0.002 No
2 MacArthur Blvd at Birch St 0.401 A 0.410 A 0.009 No 0.583 A 0.587 A 0.004 No
3 MacArthur Blvd at Von Karman Ave 0.572 A 0.582 A 0.010 No 0.572 A 0.575 A 0.003 No
4 MacArthur Blvd at Jamboree Rd* 0.723 C 0.725 C 0.002 No 0.837 D 0.842 D 0.005 No
5 Von Karman Ave at Michelson Dr* 0.676 B 0.678 B 0.002 No 0.785 C 0.786 C 0.001 No
6 Von Karman Ave at Campus Dr* 0.740 C 0.741 C 0.001 No 0.860 D 0.861 D 0.001 No
7 Von Karman Ave at Birch St 0.337 A 0.331 A -0.006 No 0.435 A 0.443 A 0.008 No
8 Teller Ave at Birch St (unsignalized) 12.5 B 13.0 B 0.5 No 14.2 B 15.7 C 1.5 No
9 Jamboree Rd at I-405 NB Ramps* 0.828 D 0.829 D 0.001 No 0.922 E 0.925 E 0.003 No
10 Jamboree Rd at I-405 SB Ramps* 1.060 F 1.061 F 0.001 No 1.013 F 1.014 F 0.001 No
11 Jamboree Rd at Michelson Dr* 0.823 D 0.826 D 0.003 No 1.050 F 1.052 F 0.002 No
12 Jamboree Rd at Campus Dr* 0.808 D 0.809 D 0.001 No 0.811 D 0.814 D 0.003 No
13 Jamboree Rd at Birch St* 0.728 C 0.732 C 0.004 No 0.899 D 0.902 D 0.003 No
14 Jamboree Rd at Fairchild Dr* 0.776 C 0.777 C 0.001 No 0.548 A 0.549 A 0.001 No
15 Jamboree Rd at Bristol St N 0.440 A 0.441 A 0.001 No 0.590 A 0.592 A 0.002 No
16 Jamboree Rd at Bristol St S 0.734 C 0.736 C 0.002 No 0.715 C 0.719 C 0.004 No
17 Jamboree Rd at Bayview Way 0.473 A 0.474 A 0.001 No 0.491 A 0.492 A 0.001 No
18 Jamboree Rd at University Dr 0.675 B 0.677 B 0.002 No 0.601 B 0.603 B 0.002 No
19 University Dr at Campus Dr 1 0.871 D 0.871 D 0.000 No 0.853 D 0.853 D 0.000 No
20 Bristol St N at Campus Dr 0.581 A 0.585 A 0.004 No 0.737 C 0.738 C 0.001 No
21 Bristol St S at Irvine Ave / Campus Dr 0.691 B 0.691 B 0.000 No 0.560 A 0.560 A 0.000 No
22 Irvine Ave at Mesa Dr 0.507 A 0.508 A 0.001 No 0.669 B 0.669 B 0.000 No
23 Birch St at Bristol St N 0.694 B 0.696 B 0.002 No 0.632 B 0.634 B 0.002 No
24 Birch St at Bristol St S 0.496 A 0.496 A 0.000 No 0.507 A 0.508 A 0.001 No
25 Bayview Pl at Bristol St S 0.551 A 0.552 A 0.001 No 0.539 A 0.541 A 0.002 No
Notes:
-Bold and shaded values indicate intersections operating at an unacceptable Level of Service
-Intersection operation is expressed in volume-to-capacity (v/c) ratio for signalized intersections, and average delay for unsignalized intersections.
-Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.
* Level of Service E is acceptable at this intersection.
1 A 5% capacity credit is applied at this intersection to reflect implementation of the Advanced Transportation Management System (ATMS)
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8 GENERAL PLAN COMPARISON
A comparison analysis has been conducted to determine whether the proposed Residences at 4400 Von
Karman (“Project”) would result in any new or substantially more significant environmental impacts as
compared to the conclusions discussed in the City of Newport Beach General Plan Transportation Study
(March 2006). The project is located in traffic analysis zone (TAZ) 1405 of the Newport Beach Traffic Model
(NBTM), used in the 2006 General Plan traffic analysis. The NBTM TAZ 1405 consists of 128 Apartment
units, 128,610 square feet of general commercial and 695,157 square feet of office. The “Residences at
4400 Von Karman” project proposes 312 apartment units. To provide a conservative analysis, the traffic
from the additional 184 units (312 units–128 units) were added on to Post-2030 General Plan Buildout
traffic to determine 2030 General Plan Buildout With Project traffic. The following study scenarios were
analyzed for the comparison analysis:
▪Post-2030 General Plan Buildout 1
▪Post-2030 General Plan Buildout With Project 2
1 This scenario assumes the following quantities for NBTM TAZ 1405, where the project site is located: 128 apartment units, 128,610 square
feet of general commercial use, and 695,137 square feet of office use
2 This “With Project” scenario assumes an additional 184 dwelling units (delta) to NBTM TAZ 1405, for a total of 312 dwelling units, as
proposed by the Project.
The Post-2030 General Plan Buildout With Project ICU was compared with the Post-2030 General Plan
Buildout ICU at the following study intersections analyzed in the 2006 General Plan Transportation Study:
1 MacArthur Boulevard at Campus Drive
2 MacArthur Boulevard at Birch Street
3 MacArthur Boulevard at Von Karman Avenue
4 MacArthur Boulevard at Jamboree Road
6 Von Karman Avenue at Campus Drive
12 Jamboree Road at Campus Drive
13 Jamboree Road at Birch Street
15 Jamboree Road at Bristol Street N
16 Jamboree Road at Bristol Street S
17 Jamboree Road at Bayview Way
18 Jamboree Road at University Drive
20 Bristol Street N at Campus Drive
21 Bristol Street S at Irvine Avenue / Campus Drive
22 Irvine Avenue at Mesa Drive
23 Birch Street at Bristol Street N
24 Birch Street at Bristol Street S
25 Bayview Place at Bristol Street S
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Daily, morning peak hour, and evening peak hour trip generation estimates for the proposed Project are
shown on Table 10. The Project (184 additional units) would generate approximately 1,001 daily trips,
with 66 morning peak hour trips (17 inbound and 49 outbound) and 81 evening peak hour trips (49
inbound and 32 outbound).
Table 10: Summary of Delta Project Trip Generation
Land Use ITE Code Unit
Trip Generation Rates 1
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Multifamily Housing (Mid-Rise) 221 DU 5.44 0.094 0.266 0.36 0.268 0.172 0.44
Land Use Quantity Unit
Trip Generation Estimates
Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Multifamily Housing (Mid-Rise) 2 184 DU 1,001 17 49 66 49 32 81
Total Delta Project Trips 1,001 17 49 66 49 32 81
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition
2 This “With Project” scenario assumes an additional 184 dwelling units (delta) to NBTM TAZ 1405, for a total of 312 dwelling units, as proposed
by the Project.
The Post-2030 General Plan Buildout and Post-2030 General Plan Buildout With Project volumes are
shown on Figure 15 and Figure 16, respectively. Excerpts from the 2006 General Plan Transportation Study
are provided in Appendix H. The results of the Post-2030 General Plan Buildout Plus Project ICU compared
to the Post-2030 General Plan Buildout ICU shown in the General Plan Transportation Study and are shown
on Table 11. Based on this comparison, the proposed Project would not result in any new traffic related
impacts compared to those identified in the 2006 City of Newport Beach General Plan Transportation
Study. The proposed Project would not result in a significant Project impact at the study locations;
therefore, no mitigation measures at the study locations are required.
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eFIGURE 15POST-2030 GENERAL PLAN BUILD-OUT PEAK HOUR TRAFFIC VOLUMES- 61 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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eFIGURE 16POST-2030 GENERAL PLAN BUILD-OUT WITH PROJECT PEAK HOUR TRAFFIC VOLUMES- 63 -LEGEND:AM/PM Peak Hour TurningXNewport Beach Intersection XX/YYMovement VolumesCity BoundaryIrvine Intersection XCaltrans IntersectionXCampusBirchVon KarmanJamboreeMichelsonCampusBirchBirchI-405 SBBristolI-405 NBJamboree
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Table 11: Intersection Operation – Post-2030 General Plan Buildout With Project Conditions
Int. # Intersection
AM Peak Hour PM Peak Hour
2006 General
Plan Buildout 2,3
2006 General
Plan Buildout
With Project 4
Change in
ICU
New
Impact?
2006 General
Plan Buildout 2,3
2006 General
Plan Buildout
With Project 4
Change
in ICU
New
Impact?
ICU LOS ICU LOS ICU LOS ICU LOS
1 MacArthur Blvd at Campus Dr* 0.81 D 0.81 D 0.00 No 1.24 F 1.24 F 0.00 No
2 MacArthur Blvd at Birch St 0.79 C 0.80 C 0.01 No 0.90 D 0.90 D 0.00 No
3 MacArthur Blvd at Von Karman Ave 0.54 A 0.54 A 0.00 No 0.65 B 0.65 B 0.00 No
4 MacArthur Blvd at Jamboree Rd* 0.93 E 0.94 E 0.01 No 1.02 F 1.02 F 0.00 No
6 Von Karman Ave at Campus Dr* 0.73 C 0.73 C 0.00 No 0.97 E 0.97 E 0.00 No
12 Jamboree Rd at Campus Dr* 0.93 E 0.93 E 0.00 No 1.18 F 1.18 F 0.00 No
13 Jamboree Rd at Birch St* 1.00 F 1.01 F 0.01 No 0.83 D 0.84 D 0.01 No
15 Jamboree Rd at Bristol St N 0.68 B 0.68 B 0.00 No 0.67 B 0.67 B 0.00 No
16 Jamboree Rd at Bristol St S 0.94 E 0.94 E 0.00 No 0.87 D 0.87 D 0.00 No
17 Jamboree Rd at Bayview Way 0.45 A 0.45 A 0.00 No 0.66 B 0.66 B 0.00 No
18 Jamboree Rd at University Dr 0.68 B 0.68 B 0.00 No 0.67 B 0.67 B 0.00 No
20 Bristol St N at Campus Dr 1.02 F 1.03 F 0.01 No 1.06 F 1.06 F 0.00 No
21 Bristol St S at Irvine Ave / Campus Dr 0.89 D 0.89 D 0.00 No 0.77 C 0.78 C 0.01 No
22 Irvine Ave at Mesa Dr 0.98 E 0.98 E 0.00 No 1.19 F 1.19 F 0.00 No
23 Birch St at Bristol St N 0.92 E 0.92 E 0.00 No 0.81 D 0.81 D 0.00 No
24 Birch St at Bristol St S 0.55 A 0.55 A 0.00 No 0.54 A 0.54 A 0.00 No
25 Bayview Pl at Bristol St S 0.60 A 0.60 A 0.00 No 0.63 B 0.63 B 0.00 No
Notes:
-Bold and shaded values indicate intersections operating at an unacceptable Level of Service
-Intersection operation is expressed in volume-to-capacity (v/c) ratio for signalized intersections, and average delay for unsignalized intersections.
-Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.
* Level of Service E is acceptable at this intersection.
1 A 5% capacity credit is applied at this intersection to reflect implementation of the Advanced Transportation Management System (ATMS)
2 Source: 2006 General Plan Transportation Study. Excerpts are provided in Appendix H of this report.
3 This scenario assumes the following uses for NBTM TAZ 1405, where the project site is located: 128 apartment units, 128,610 square feet of general commercial use,
and 695,137 square feet of office use
4 This “With Project” scenario assumes an additional 184 dwelling units (delta), for a total of 312 dwelling units, as proposed by the Project.
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9 OTHER ISSUES
9.1 ANALYSIS OF INTERSTATE HIGHWAY FACILITIES
Intersections on Interstate Highway Facilities
Intersections on Interstate Highway facilities, which are controlled by Caltrans, are also analyzed using the
Highway Capacity Manual (HCM) methodology, as required by the Caltrans Guide for the Preparation of
Traffic Impact Studies (State of California Department of Transportation, December 2002). In the vicinity
of the project, the I-405 and SR-73 freeways are Caltrans facilities. Therefore, the following study were
analyzed using the HCM intersection analysis methodology:
9. Jamboree Road at I-405 NB Ramps
10. Jamboree Road at I-405 SB Ramps
The HCM methodology measures average seconds of delay per vehicle based on a number of technical
parameters, such as peak hourly traffic volumes, number of lanes, type of signal operation, signal timing,
and signal phasing in the calculations. A description of each Level of Service, based on delay parameters,
per the Highway Capacity Manual (HCM) is provided in the chart on the following page.
For State-controlled intersections, Level of Service standards and impact criteria specified by Caltrans will
apply. The Caltrans Guide for the Preparation of Traffic Impact Studies states that “Caltrans endeavors to
maintain a target Level of Service at the transition between LOS C and LOS D on State highway facilities.
If an existing Interstate highway facility is operating at less than the target LOS, the existing Level of Service
is to be maintained.”
Traffic Impact Criteria
The Caltrans Guide for the Preparation of Traffic Impact Studies does not establish a threshold of
significance for Interstate Highway intersections. This traffic analysis uses the following traffic threshold
of significance:
•A significant project impact occurs at an Interstate Highway study intersection when the addition
of project-generated trips causes the peak hour level of service of the study intersection to change
from acceptable operation (LOS A, B, or C) to deficient operation (LOS D, E, or F).
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LEVEL OF SERVICE DESCRIPTIONS
Level of
Service
Signalized
Intersection
Delay (sec)
Description
A ≤10
LOS A describes operations with a control delay of 10 seconds per vehicle or less
and a volume-to-capacity ratio no greater than 1.0. This level is typically assigned
when the volume-to-capacity ratio is low and either progression is exceptionally
favorable, or the cycle length is very short. If it is due to favorable progression, most
vehicles arrive during the green indication and travel through the intersection
without stopping.
B > 10 and ≤ 20
LOS B describes operations with control delay between 10 and 20 seconds per
vehicle and a volume-to-capacity ratio no greater than 1.0. This level is typically
assigned when the volume-to-capacity ratio is low and either progression is
exceptionally favorable, or the cycle length is short. More vehicles stop than with
LOS A.
C > 20 and ≤ 35
LOS C describes operations with control delay between 20 and 35 seconds per
vehicle and a volume-to-capacity ratio no greater than 1.0. This level is typically
assigned when the progression is favorable, and the cycle length is moderate.
Individual cycle failures (i.e., one or more queued vehicles are not able to depart as
a result of insufficient capacity during the cycle) may begin to appear at this level.
The number of vehicles stopping is significant, although many vehicles still pass
through the intersection without stopping.
D > 35 and ≤ 55
LOS D describes operations with control delay between 35 and 55 seconds per
vehicle and a volume-to-capacity ratio no greater than 1.0. This level is typically
assigned when the volume-to-capacity ratio is high and either progression is
ineffective, or the cycle length is long. Many vehicles stop and individual cycle
failures are noticeable.
E > 55 and ≤ 80
LOS E describes operations with control delay between 55 and 80 seconds per
vehicle and a volume-to-capacity ratio no greater than 1.0. This level is typically
assigned when the volume-to-capacity ratio is high, progression is unfavorable, and
the cycle length is long. Individual cycle failures are frequent.
Source: Highway Capacity Manual, 6th Edition
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Interstate Highway Intersection Analysis
Peak hour intersection analysis was conducted using the HCM methodology for the following Interstate
Highway study intersections:
9. Jamboree Road at I-405 NB Ramps
10. Jamboree Road at I-405 SB Ramps
Intersection analysis worksheets for all HCM analysis of Interstate Highway intersections are provided in
Appendix E.
Existing Conditions
Existing peak hour intersection operations for the Interstate Highway study intersections are summarized
on Table 11. Each of the Interstate Highway study intersections currently operates at an acceptable Level
of Service using the HCM delay analysis methodology.
CEQA Analysis Year 2025 Without Project
CEQA Analysis Year 2025 Without Project peak hour operation for the Interstate Highway study
intersections are summarized on Table 11, previously referenced. The intersection of Jamboree Road at
the I-405 Southbound Ramps would operate at LOS D in the morning peak hour under CEQA Analysis Year
2025 Without Project conditions.
CEQA Analysis Year 2025 With Project
CEQA Analysis Year 2025 With Project peak hour operation for the Interstate Highway study intersections
are summarized on Table 11, previously referenced. With the addition of project traffic, the intersection
of Jamboree Road at the I-405 Southbound Ramps would continue to operate at LOS D in the morning
peak hour. The project traffic would not cause the Level of Service at this intersection to worsen, and
therefore would not result in a significant impact. The intersection of Jamboree Road at the I-405
Northbound Ramps would continue to operate at an acceptable Level of Service.
Table 12: Summary of Interstate Highway Intersection Operations
Int. # Intersection
AM Peak Hour PM Peak Hour
Delay LOS Delay LOS
Existing Conditions
9 Jamboree Rd at I-405 NB Ramps 18.3 B 10.9 B
10 Jamboree Rd at I-405 SB Ramps 25.6 C 20.9 C
CEQA Analysis Year 2025 Without Project
9 Jamboree Rd at I-405 NB Ramps 19.5 B 13.7 B
10 Jamboree Rd at I-405 SB Ramps 54.0 D 22.9 C
CEQA Analysis Year 2025 With Project
9 Jamboree Rd at I-405 NB Ramps 19.5 B 13.9 B
10 Jamboree Rd at I-405 SB Ramps 54.2 D 23.0 C
Note:
- Bold values indicate intersections operating at an unacceptable Level of Service
- Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.
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9.2 CONGESTION MANAGEMENT PROGRAM COMPLIANCE
The Orange County Congestion Management Program (CMP) was established in 1991, to reduce traffic
congestion and to provide a mechanism for coordinating land use and development decisions. Compliance
with CMP requirements ensures a city’s eligibility to compete for State gas tax funds for local
transportation projects.
A copy of the County of Orange CMP Highway System is provided in Appendix F. Within the project study
area, the CMP Highway System includes two arterials: Jamboree Road north of MacArthur Boulevard, and
MacArthur Boulevard south of Jamboree Road. CMP intersections in the vicinity of the Project consist of:
4. MacArthur Boulevard at Jamboree Road
9. Jamboree Road at I-405 Northbound Ramps
10. Jamboree Road at I-405 Southbound Ramps
The Orange County CMP states that “a TIA will be required for CMP purposes for all proposed
developments generating 2,400 or more daily trips,” and that “for developments which will directly access
a CMP Highway System link, the threshold for requiring a TIA should be reduced to 1,600 or more trips
per day.
The Project is estimated to generate approximately 1,697 daily trips but does not directly access a CMP
Highway System Link. Base on CMP criteria, a separate CMP analysis is not required of the Project.
9.3 SITE ACCESS AND SITE CIRCULATION
Vehicular access to Koll Center Newport is currently provided by three driveways on Birch Street, and two
driveways on Von Karman Avenue. Cross access throughout the site currently allows drivers to access any
parking area within Koll Center Newport from any of the site driveways. All driveways are unsignalized
and gated. Drivers access the site either by a key card or by pressing the button and pulling a parking
ticket. To exit the site, key card users use their card to raise the gate. Visitors must insert a validated ticket
or pay at the gate in order to exit.
For discussion purposes, the driveways have been numbered 1 through 5, as shown on Figure 17. The
following provides a brief description of each of the existing driveways.
Existing Driveway 1: The westernmost driveway on Birch Street is located approximately 300 feet east of
Von Karman Avenue, and is a full-movement driveway. It is 30 feet wide and provides one inbound lane
and one outbound lane. The entry gate on Driveway 1 is set back approximately 95 feet from Birch Street.
This driveway leads directly to a surface parking area at the north end of the Koll Center Newport site.
Existing Driveway 2: The middle driveway on Birch Street is located approximately 600 feet east of Von
Karman Avenue, and is a full-movement driveway. It is 36 feet wide, and provides one inbound lane and
one outbound lane, with a narrow, raised median. The entry gate is set back approximately 165 feet from
Birch Street. This driveway intersects with the spine street that runs through the Koll Center Newport site
and connects Von Karman Avenue and Birch Street in an east-west orientation.
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Existing Driveway 3: The eastern driveway on Birch Street is located approximately 1,100 feet east of Von
Karman Avenue and approximately 750 feet west of Jamboree Road and is a full-movement driveway. It
is 36 feet wide and provides one inbound lane and one outbound lane. Driveway 3 is connected to Teller
Avenue. This driveway connects in a T-intersection to the spine street approximately 85 feet from Birch
Street. Entry gates are located on the main spine street, approximately 50 feet to the west, and
approximately 100 feet to the east of the T-intersection.
Existing Driveway 4: The northern driveway on Von Karman Avenue is located approximately 350 feet
south of Birch Street and is an exit-only driveway. It is approximately 15 feet wide, and provides one
outbound lane only, from which drivers can make both left and right turns.
Existing Driveway 5: The southern driveway on Von Karman Avenue is located approximately 900 feet
south of Birch Street and is a full-movement driveway. It is 36 feet wide and provides one inbound and
one outbound lane. The entry gate is set back approximately 90 feet from Von Karman Avenue. This
driveway is the western end of the spine street that connects Von Karman Avenue and Birch Street in an
east-west orientation.
As part of the proposed Project, the five existing site driveways for Koll Center Newport will remain in
their current locations, with several changes to the access provisions for the site, as follows:
▪The main drive aisle that runs from Von Karman Avenue to Birch Street will become an open-
access internal street through the site. All gates to the Koll Center Newport parking areas and to
the new residential buildings will be located off the internal street.
▪A free-standing parking structure will be constructed prior to construction of the residential
building. This parking structure will be provided for office users because of surface parking
removed as a part of the Project. When completed, the parking structure will provide 275 spaces
for office uses.
▪Access to the residential parking will be via a gated entrance directly off the spine street, which
will be accessible from Driveways 2, 3, and 5.
The following addresses any changes proposed as a part of the Project:
Driveway 1 With Project: No changes are proposed for Driveway 1. However, as a part of the Project,
office parking displaced by the Project would be provided in the residential building’s parking structure,
in a new, free-standing parking structure, and in surface parking areas. An entry to the residential parking
structure for office parking would be provided near the 4910 Birch Street office building using this
driveway.
Driveway 2 With Project: The entry gate on Driveway 2 will be removed. A gated entry to the residential
portion of the residential development parking structure will be provided off Driveway 2. Drivers entering
Driveway 2 will be able to access all parking areas of Koll Center Newport, except the surface parking areas
immediately accessed by Driveway 1. Driveway 2 will be reconfigured to provide one inbound lane and
two outbound lanes, with one left-turn and one right-turn lane.
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Driveway 3 With Project: The Koll Center Newport entry gates on the main drive aisle on either side of
Driveway 3 will be removed. A new office parking gate for the parking areas to the east of the driveway
will be provided approximately 80 feet to the southeast. Drivers entering Driveway 3 will be able to access
all parking areas of Koll Center Newport, except the surface parking areas immediately accessed by
Driveway 1.
Driveway 4 With Project: Driveway 4 will remain an exit-only driveway and will be accessible only from
the surface parking areas immediately accessed by Driveway 1. Outbound movements will be restricted
to right turns only.
Driveway 5 With Project: The entry gate on Driveway 5 will be removed. A new office parking gate for the
parking areas to the east of the driveway will be provided on the first intersecting drive aisle. Driveway 5
will be reconfigured to provide one inbound lane and two outbound lanes, with one left-turn and one
right-turn lane.
9.4 CONSTRUCTION TRAFFIC
Construction of the proposed Project would add construction-related trips to and from the site during
construction activities. These trips are associated with construction activities, including construction
workers, grading, and construction of structures and site features.
Large construction equipment such as bulldozers, loaders, scrapers, and pavers would be required during
various construction phases. Large equipment is generally brought to the site at the start of the
construction phase and kept on site until its term of use ends. A staging area would be designated on-site
to store construction equipment and supplies during construction.
Throughout construction, the size of the work crew reporting to the site each day would vary depending
on the construction phase and the different activities taking place at the time. Parking for workers would
be provided on-site during all phases of construction. Construction workers will not be allowed to park on
local streets. If needed during the peak construction periods, off-site parking will be provided, and workers
will carpool or be shuttled to the worksite. The Applicant will be required to prepare a Parking
Management Plan for construction parking.
The Applicant will be required to prepare a construction management plan to identify the timing of
construction activities, and the movement of construction vehicles. There will be no dirt hauling activities
allowed to and from the site during the peak hours during any of the construction phases.
Construction Phasing
Free-Standing Parking Structure
Construction of the free-standing parking structure requires the demolition of approximately 106 surface
parking spaces and associated landscaping. A free-standing, 275-stall parking structure would be
constructed prior to breaking ground on the remainder of the Project in order to replace surface parking
temporarily and permanently displaced by site development. The parking structure would have three
levels of above-ground parking, including rooftop parking. Construction activities are anticipated to occur
over an approximate six-month timeframe.
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Residential Structure
Upon completion of the free-standing parking structure, approximately 443 surface parking spaces would
be demolished to allow for the construction of the Project. At the completion of this phase of the Project,
there would be 1,645 parking spaces with parking for the Project residences and guests, as well as 275
spaces in the structure for office users.
The proposed Project’s site grading and foundation excavation would require the removal of
approximately 112,000 cubic yards (cy) of material. It is anticipated that all 112,000 cy will be exported
from the site. Construction activities are anticipated to occur over a 24-month time period.
The Project includes the demolition of 75 additional surface parking spaces to allow for the
reconfiguration of on-site surface parking and access. No grading is assumed. Construction activities
would run concurrently with the residential structure over an approximate 3-month time period.
Construction Traffic Management
Heavy vehicles associated with construction of the Project would use the existing regional and local truck
route network to approach the site, getting as close to the destination site as possible before turning off
the designated truck route. Impacts from construction traffic would be occasional and temporary delays
to traffic, during the movement of heavy equipment or transport of heavy loads to and from the site.
The Applicant will be required to provide a construction management plan, and to identify planned travel
patterns for haul vehicles, and obtain a Haul Route Permit from the City. Approach and departure routes
for construction vehicles will be via Jamboree Road, MacArthur Boulevard, Von Karman Avenue and Birch
Street. Depending on the origin/destination (the nearest landfill, or the deposit site identified for cut
material), trucks will either arrive and depart via I-405, to the north of the site; or via SR-73, to the south
of the site. No heavy vehicle traffic will be permitted during peak commute hours.
10 CONCLUSIONS
A comparison analysis has been conducted to determine whether the proposed Residences at 4400 Von
Karman (Project) would result in any new significant environmental impacts as compared to the
conclusions discussed in the City of Newport Beach General Plan Transportation Study (March 2006).
Based on the comparison analysis, the proposed Project would not result in any new traffic-related
impacts compared to those identified in the City of Newport Beach 2006 General Plan Transportation
Study. The Traffic Impact Study finds that the traffic-related potential impacts associated with the
proposed Project would either be the same or not substantially greater than those described in the 2006
General Plan Update EIR.
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Planning Commission Resolution No. PC2020-040
Page 30 of 43
01-25-19
EXHIBIT “F”
Development Agreement
225
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:
City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: City Clerk
(Space Above This Line Is for Recorder’s Use Only)
This Agreement is recorded at the request and for
the benefit of the City of Newport Beach and is exempt from the payment of a recording fee pursuant to Government Code §§ 6103 and 27383.
DEVELOPMENT AGREEMENT
between
CITY OF NEWPORT BEACH
and
TPG (KCN) Acquisition, LLC
concerning
THE RESIDENCES AT 4400 VON KARMAN
4400 Von Karman
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DEVELOPMENT AGREEMENT
(Pursuant to Newport Beach Municipal Code Chapter 15.45 and California Government
Code Sections 65864-65869.5)
This DEVELOPMENT AGREEMENT (“Agreement” or “Development Agreement”) is dated for reference purposes as of the __ day of _____, 2020 (“Agreement Date”), and is being entered into by and between the CITY OF NEWPORT BEACH (“City”) a California municipal corporation and charter city, organized and existing under and by virtue of its Charter and the
Constitution, and the laws of the State of California, and TPG (KCN) Acquisition, LLC, a
California limited liability company (“Developer”). City and Developer are sometimes collectively referred to in this Agreement as the “Parties” and individually as a “Party.”
RECITALS
A. Developer is in the process of the purchasing that certain real property located in
the City of Newport Beach, County of Orange, State of California commonly referred to as 4400
Von Karman Avenue (APNs # ) and generally located on the southwest side of Birch Street and southeast side of Von Karman Avenue (“Property”). As of the Agreement Date, the Property is owned by SLF-KC Towers, LLC, a Delaware limited liability corporation, but Developer has legal or equitable interest in the Property and therefore is authorized to enter
into this Agreement pursuant to Government Code Section 65865 and Newport Beach Municipal
Code Chapter 15.45 (Development Agreements). The Property is more particularly described in the legal description attached hereto as Exhibit A and is depicted on the site map attached hereto as Exhibit B.
B. To encourage investment in, and commitment to, comprehensive planning and public facilities financing, strengthen the public planning process and encourage private implementation of the local general plan, provide certainty in the approval of projects to avoid waste of time and resources, and reduce the economic costs of development by providing assurance to property owners that they may proceed with projects consistent with existing land
use policies, rules, and regulations, the California Legislature adopted California Government Code Sections 65864-65869.5 (“Development Agreement Statute”) authorizing cities and counties to enter into development agreements with persons or entities having a legal or equitable interest in real property located within their jurisdiction.
C. On March 13, 2007, the City Council adopted Ordinance No. 2007-6, entitled
“Ordinance Amending Chapter 15.45 of City of Newport Beach Municipal Code Regarding Development Agreements” (“Development Agreement Ordinance”). This Agreement is consistent with the Development Agreement Ordinance.
D. As detailed in Section 4 of this Agreement and the Development Plans (as defined herein), and in consideration of the significant benefits outlined in this Agreement, Developer
has agreed to pay a total Public Benefit Fee (as defined herein) in the sum of Seven Million Five Hundred Thousand Dollars and 00/100 ($7,500,000.00). Developer shall pay the Public Benefit Fee to the City as provided in Article 3 of this Agreement.
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E. This Agreement is consistent with the City of Newport Beach General Plan, including, without limitation, the Property’s “MU-H2” (Mixed-Use Horizontal 2) General Plan
designation which provides for a horizontal intermixing of uses that may include regional
commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses.
F. In recognition of the significant public benefits that this Agreement provides, the City Council has found that this Agreement: (i) is consistent with the City of Newport Beach
General Plan as of the date of this Agreement; (ii) is in the best interests of the health, safety, and
general welfare of City, its residents, and the public; (iii) is entered into pursuant to, and constitutes a present exercise of, the City’s police power; (iv) is consistent and has been approved consistent with the Project’s Addendum to the Environmental Impact Report (SCH# 20060111119) (“PEIR”) that was certified by the City Council on July 25, 2006 for the 2006
General Plan Update and the Initial Study/Negative Declaration prepared in accordance with
CEQA for the Newport Beach Housing Element Update (General Plan Amendment No. GP2008-003) adopted by the City Council on November 22, 2011 (the PEIR and Initial Study/Negative Declaration are collectively referred to herein as the “PEIR”), all of which analyze the environmental effects of the proposed development of the Project on the Property,
and all of the findings, conditions of approval and mitigation measures related thereto; and (v) is
consistent and has been approved consistent with provisions of California Government Code Section 65867 and City of Newport Beach Municipal Code Chapter 15.45 (Development Agreements).
G. On November 5, 2020, City’s Planning Commission held a public hearing on this
Agreement, made findings and determinations with respect to this Agreement, and recommended
to the City Council that the City Council approve this Agreement.
H. On _______________, 2020, the City Council also held a public hearing on this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, Developer, and members of the public. On
_______________, 2020, consistent with applicable provisions of the Development Agreement
Statute and Development Agreement Ordinance, the City Council adopted Ordinance No. 2020-___ (“Adopting Ordinance”), finding this Agreement consistent with the City of Newport Beach General Plan and approving and adopting this Agreement.
AGREEMENT
NOW, THEREFORE, City and Developer agree as follows:
1. Definitions.
In addition to any terms defined elsewhere in this Agreement, the following terms when used in this Agreement shall have the meanings set forth below:
“Action” shall have the meaning ascribed in Section 8.10 of this Agreement.
“Adopting Ordinance” shall mean City Council Ordinance No. 2020-__ approving and
adopting this Agreement.
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3
“Agreement” shall mean this Development Agreement, as the same may be amended from time to time.
“Agreement Date” shall mean the date first written above, which date is the date the City
Council adopted the Adopting Ordinance.
“CEQA” shall mean the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and the implementing regulations promulgated thereunder by the Secretary for Resources (California Code of Regulations, Title 14, Division 6,
Chapter 3, Section 15000 et seq.), as the same may be amended from time to time.
“City” shall mean the City of Newport Beach, a California municipal corporation and charter city, and any successor or assignee of the rights and obligations of the City of Newport Beach hereunder.
“City Council” shall mean the governing body of City.
“City’s Affiliated Parties” shall have the meaning ascribed in Section 10.1 of this
Agreement.
“Claim” shall have the meaning ascribed in Section 10.1 of this Agreement.
“CPI Index” shall mean the Consumer Price Index published from time to time by the United States Department of Labor for all urban consumers (all items) for the smallest
geographic area that includes the City or, if such index is discontinued, such other similar index
as may be publicly available that is selected by City in its reasonable discretion.
“Cure Period” shall have the meaning ascribed in Section 8.1 of this Agreement.
“Default” shall have the meaning ascribed to that term in Section 8.1 of this Agreement.
“Develop” or “Development” shall mean to improve or the improvement of the Property
for the purpose of completing the structures, improvements, and facilities comprising the Project,
including but not limited to: grading; the construction of infrastructure and public facilities related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the preservation or restoration, as required of natural and man-made or altered open space areas; and the installation of
landscaping. The terms “Develop” and “Development,” as used herein, do not include the
maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof.
“Developer” shall mean TPG (KCN) Acquisition, LLC and any successor or assignee to all or any portion of its right, title, and/or interest in and to ownership of all or a portion of the
Property and/or the Project.
“Development Agreement Ordinance” shall mean Chapter 15.45 of the City of Newport Beach Municipal Code.
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“Development Agreement Statute” shall mean California Government Code Sections 65864-65869.5, inclusive.
“Development Exactions” shall mean any requirement of City in connection with or
pursuant to any ordinance, resolution, rule, or official policy for the dedication of land, the construction or installation of any public improvement or facility, or the payment of any fee or charge in order to lessen, offset, mitigate, or compensate for the impacts of Development of the Project on the environment or other public interests.
“Development Plan” shall mean all of the land use entitlements, approvals and permits
approved by the City for the Project on or before the Agreement Date, as the same may be amended from time to time consistent with this Agreement. Such land use entitlements, approvals and permits include, without limitation, the following: (1) the Development rights as provided under this Agreement; (2) Planned Community Development Plan Amendment No. #15
PD2020-001 to amend the Koll Center Newport Planned Community Development Plan
(“PCDP”) to create a residential overlay zone to allow for the 312 apartment units and a public park; (3) Major Site Development Review No. SD2020-006, a site development review in accordance with the amended Koll Center Newport Planned Community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code for the construction of the
Project; (4) Lot Line Adjustment No. LA2020-002 to reconfigure the lot lines of two underlying
parcels; (5) Affordable Housing Implementation Plan No. AH2020-003 demonstrating how the Project would meet the City’s affordable housing requirements; (6) Traffic Study No. TS2020-001 in accordance with Chapter 15.40 (Traffic Phasing Ordinance) of the Newport Beach Municipal Code; (7) Development Agreement No. DA2020-002 in accordance with Chapter
15.45 (Development Agreements) of the Newport Beach Municipal Code which would provide
vested rights to develop the PCDP as amended, while also providing public benefits should the Project be approved; (8) a density bonus in accordance with the California Government Code Section 65915 et. seq. (9) the Addendum the 2006 General Plan Update EIR ER2020-003 (SCH#2006011119); and (10) all conditions of approval and all mitigation measure approved for
the Project on or before the Agreement Date.
“Development Regulations” shall mean the following regulations as they are in effect as of the Effective Date and to the extent they govern or regulate the development of the Property,
but excluding any amendment or modification to the Development Regulations adopted,
approved, or imposed after the Effective Date that affects the Development of the Property, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Developer in writing: the General Plan; the Development Plan; and, to the extent not
expressly superseded by the Development Plan or this Agreement (see Section 4.3 in particular),
all other land use and subdivision regulations governing the permitted uses, density and intensity of use, design, and improvement, procedures for obtaining required City permits and approvals for development, and similar matters that may apply to the Development of the Project on the Property during the Term of this Agreement that are set forth in Title 15 (Buildings and
Construction) of the Municipal Code, Title 19 (Subdivisions) of the Newport Beach Municipal
Code, and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code but specifically excluding all other sections of the Newport Beach Municipal Code, including without limitation Title 5 (Business Licenses and Regulations) of the Newport Beach Municipal Code. Notwithstanding the foregoing, the term “Development Regulations,” as used herein, does not
include any City ordinance, resolution, code, rule, regulation or official policy governing any of
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the following: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the control and abatement of nuisances; (iv) the granting of encroachment
permits and the conveyance of rights and interests which provide for the use of or the entry upon
public property; or (v) the exercise of the power of eminent domain.
“Effective Date” shall mean the latest of all of the following occurring: (i) the date that is ninety (90) calendar days after the Agreement Date; (ii) if a referendum concerning the Adopting Ordinance, the Development Plan, or any of the Development Regulations approved on or before
the Agreement Date is timely qualified for the ballot and a referendum election is held
concerning the Adopting Ordinance or any of such Development Regulations, the date on which the referendum is certified resulting in upholding and approving the Adopting Ordinance and the Development Regulations; (iii) if a lawsuit is timely filed challenging the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan, and/or any of the Development
Regulations approved on or before the Agreement Date, the date on which said challenge is
finally resolved in favor of the validity or legality of the Adopting Ordinance, this Agreement, the Development Plan, and/or the applicable Development Regulations, whether such finality is achieved by a final non-appealable judgment, voluntary or involuntary dismissal (and the passage of any time required to appeal an involuntary dismissal), or binding written settlement
agreement or (iv) the date on which title to the Property has been transferred to, and vested in,
Developer as evidenced by an instrument duly recorded with the Office of the County Recorder of the County of Orange. Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an appropriate instrument to be executed and recorded against the Property memorializing the Effective Date.
“Environmental Laws” means all federal, state, regional, county, municipal, and local
laws, statutes, ordinances, rules, and regulations which are in effect as of the Agreement Date, and all federal, state, regional, county, municipal, and local laws, statutes, rules, ordinances, rules, and regulations which may hereafter be enacted and which apply to the Property or any part thereof, pertaining to the use, generation, storage, disposal, release, treatment, or removal of
any Hazardous Substances, including without limitation the following: the Comprehensive
Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., as amended (“CERCLA”); the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., as amended (“RCRA”); the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C.
Sections 11001 et seq., as amended; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., as amended; the Clean Air Act, 42 U.S.C. Sections 7401 et seq., as amended; the Clean Water Act, 33 U.S.C. Section 1251, et seq., as amended; the Toxic Substances Control Act, 15 U.S.C. Sections 2601 et seq., as amended; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Sections 136 et seq., as amended; the Federal Safe
Drinking Water Act, 42 U.S.C. Sections 300f et seq., as amended; the Federal Radon and Indoor
Air Quality Research Act, 42 U.S.C. Sections 7401 et seq., as amended; the Occupational Safety and Health Act, 29 U.S.C. Sections 651 et seq., as amended; and California Health and Safety Code Section 25100, et seq.
“General Plan” shall mean City’s 2006 General Plan adopted by the City Council on July
25, 2006, by Resolution No. 2006-76, and any amendments to the 2006 General Plan that
became effective before the Effective Date. The term “General Plan” shall exclude any amendments that became effective after the Effective Date unless such amendment is expressly
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authorized by this Agreement, or is specifically agreed to by Developer. The Land Use Plan of the Land Use Element of the General Plan was approved by City voters in a general election on
November 7, 2006.
“Hazardous Substances” means any toxic substance or waste, pollutant, hazardous substance or waste, contaminant, special waste, industrial substance or waste, petroleum or petroleum-derived substance or waste, or any toxic or hazardous constituent or additive to or breakdown component from any such substance or waste, including without limitation any
substance, waste, or material regulated under or defined as “hazardous” or “toxic” under any
Environmental Law.
“Mortgage” shall mean a mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Property, or a part or interest in the Property, is pledged as security and contracted for in good faith and for fair value.
“Mortgagee” shall mean the holder of a beneficial interest under a Mortgage or any
successor or assignee of the Mortgagee.
“Notice of Default” shall have the meaning ascribed in Section 8.1 of this Agreement.
“Party” or “Parties” shall mean the City or Developer or both, as determined by the context.
“Project” shall mean the development of 312 apartment units including density bonus units,
a 284-space free-standing parking structure, an approximately one (1) acre public park, and reconfiguration of existing surface parking lots serving existing office buildings including all on-site and off-site improvements, as provided in this Agreement and the Development Regulations, as the same may be modified or amended from time to time consistent with this Agreement and
applicable law.
“Property” is located 4400 Von Karman Avenue in the City, as described in Exhibit A and depicted on Exhibit B.
“Public Benefit Fee” shall have the meaning ascribed in Section 3.1 of this Agreement.
“Subsequent Development Approvals” shall mean all discretionary development and
building approvals that Developer is required to obtain to Develop the Project on and with
respect to the Property after the Agreement Date consistent with the Development Regulations and this Agreement.
“Term” shall have the meaning ascribed in Section 2.4 of this Agreement.
“Termination Date” shall have the meaning ascribed in Section 2.4 of this Agreement.
“Transfer” shall have the meaning ascribed in Section 11 of this Agreement.
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2. General Provisions.
2.1 Plan Consistency, Zoning Implementation.
This Agreement and the Development Regulations applicable to the Property will cause
City’s zoning and other land use regulations for the Property to be consistent with the General Plan.
2.2 Binding Effect of Agreement.
The Property is hereby made subject to this Agreement. Development of the Property is
hereby authorized and shall be carried out in accordance with the terms of this Agreement.
2.3 Developer Representations and Warranties Regarding Ownership of the Property and Related Matters Pertaining to this Agreement.
Developer and each person executing this Agreement on behalf of Developer hereby represents and warrants to City as follows: (i) that Developer is the fee simple owner to the
Property; (ii) if Developer or any co-owner comprising Developer is a legal entity that such
entity is duly formed and existing and is authorized to do business in the State of California; (iii) if Developer or any co-owner comprising Developer is a natural person that such natural person has the legal right and capacity to execute this Agreement; (iv) that all actions required to be taken by all persons and entities comprising Developer to enter into this Agreement have been
taken and that Developer has the legal authority to enter into this Agreement; (v) that
Developer’s entering into and performing its obligations set forth in this Agreement will not result in a violation of any obligation, contractual or otherwise, that Developer or any person or entity comprising Developer has to any third party; and (vi) that neither Developer nor any co-owner comprising Developer is currently the subject of any voluntary or involuntary bankruptcy
or insolvency petition; and (vii) that Developer has no actual knowledge of any pending or
threatened claims of any person or entity affecting the validity of any of the representations and warranties set forth in clauses (i)-(vi), inclusive or affecting Developer’s authority or ability to enter into or perform any of its obligations set forth in this Agreement.
2.4 Term.
The term of this Agreement (“Term”) shall commence on the Effective Date and shall
terminate on the “Termination Date.”
Notwithstanding any other provision set forth in this Agreement to the contrary, if any Party reasonably determines that the Effective Date of this Agreement will not occur because, for example, (i) the Adopting Ordinance or any of the Development Regulations approved on or
before the Agreement Date for the Project has/have been disapproved by City’s voters at a
referendum election or (ii) a final non-appealable judgment is entered in a judicial action challenging the validity or legality of the Adopting Ordinance, this Agreement, and/or any of the Development Regulations for the Project approved on or before the Agreement Date such that this Agreement and/or any of such Development Regulations is/are invalid and unenforceable in
whole or in such a substantial part that the judgment substantially impairs such Party’s rights or
substantially increases its obligations or risks hereunder or thereunder, then such Party, in its sole and absolute discretion, shall have the right to terminate this Agreement upon delivery of a
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written notice of termination to the other Party, in which event neither Party shall have any further rights or obligations hereunder except that Developer’s indemnity obligations set forth in
Article 10 shall remain in full force and effect and shall be enforceable, and the Development
Regulations applicable to the Project and the Property only (but not those general Development Regulations applicable to other properties in the City) shall be repealed by the City after delivery of said notice of termination except for the Development Regulations that have been disapproved by City’s voters at a referendum election and, therefore, never took effect.
The Termination Date shall be the earliest of the following dates: (i) the tenth (10th)
anniversary of the Effective Date as said date may be extended in accordance with Section 5.1 of this Agreement; (ii) such earlier date that this Agreement may be terminated in accordance with Articles 5, and 7, and/or Section 8.3 of this Agreement and/or Sections 65865.1 and/or 65868 of the Development Agreement Statute; or (iii) completion of the Project in accordance with the
terms of this Agreement, including Developer’s complete satisfaction, performance, and
payment, as applicable, of all Development Exactions, the issuance of all required final occupancy permits, and acceptance by City or applicable public agency(ies) or private entity(ies) of all required offers of dedication.
Notwithstanding any other provision set forth in this Agreement to the contrary, the
provisions set forth in Article 10 and Section 14.11 (as well as any other Developer obligations
set forth in this Agreement that are expressly written to survive the Termination Date) shall survive the Termination Date of this Agreement.
3. Public Benefits.
3.1 Public Benefit Fee.
As consideration for City’s approval and performance of its obligations set forth in this
Agreement, Developer shall pay to City a fee in the amount of Seven Million Dollars Five Hundred Thousand Dollars and 00/100 ($7,500,000.00) which shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject.
Of the Seven Million Five Hundred Thousand Dollars and 00/100 ($7,500,000.00), the
Developer shall pay Six Million Five Hundred Thousand Dollars and 00/100 ($6,500,000.00) of
the Public Benefit Fee to the City within five (5) days of the Effective Date of the Agreement. The Developer shall pay the second installment of the Public Benefit Fee in the amount of One Million Dollars and 00/100 ($1,000,000.00) to the City at the time the first building permit is issued for the residential portion of the Project.
The City has not designated a specific project or purpose for the Public Benefit Fee
except as provided in Section 3.1.1 below. Developer acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Public Benefit Fee and the fees identified in Section 3.2 below, that its obligation to pay the Public Benefit Fee or the fees in Section 3.2 is an essential term of this Agreement and is not severable from City’s obligations
and Developer’s vested rights to be acquired hereunder, and that Developer expressly waives any
constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Public Benefits identified in this Section 3.1 on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth
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Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In
addition to any other remedy set forth in this Agreement for Developer’s default, if Developer
shall fail to timely pay any portion of the Public Benefits identified in this Section 3.1 when due, City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project.
3.1.1 Public Benefit Fee Allocation.
The City Council retains sole and absolute discretion to determine how Six Million
Dollars and 00/100 ($6,000,000.00) of the Public Benefit Fee provided in Section 3.1 shall be allocated and no final decisions have been made as of the Agreement Date. In light of the City’s commitment to housing issues, the City agrees to use the remaining One Million Five Hundred Thousand Dollars and 00/100 ($1,500,000.00) Public Benefit Fee as follows: (i) Five Hundred
Thousand Dollars and 00/100 ($500,000.00) of the Public Benefit Fee shall be used, at the City’s
discretion, to support the City’s ongoing homeless shelter or permanent supportive housing efforts; and (ii) One Million Dollars and 00/100 ($1,000,000.00) shall be placed in a separate affordable housing fund and used, at the City’s discretion, for the development of future, speculative, affordable housing projects in the City (no specific project is contemplated).
3.2 Other Public Benefits. In addition to the Public Benefit Fee, the direct and
indirect benefits City expects to receive pursuant to this Development Agreement are as follows: 3.2.1 Park Land and Improvements. The park land dedication requirement for the Project pursuant to the City General Plan Land Use Policy 6.15.13 is approximately one (1) acre. City
acknowledges that Developer's performance of its obligations as set forth in this section satisfies
all of Developer's General Plan, Quimby Act and Newport Beach Municipal Code Chapter 19.52 (Park Dedication and Fees) obligations governing park land dedication and fees. City acknowledges that Developer is eligible to receive credit against the payment of fees or dedication of land consistent with the General Plan. As of the Effective Date, the established fair
market value for one (1) acre of land used in assessing in-lieu of park dedication fees equals Two
Million Five Hundred Thousand Dollars and 00/100 ($2,500,000). Developer fees and credit shall be based on the established Two Million Five Hundred Thousand Dollars and 00/100 ($2,500,000) per acre. Based upon the obligations provided herein, Developer agrees to construct and improve a one (1) acre park within the Property pursuant to the Development Plan.
Developer shall offer the one (1) acre park to the City for dedication in fee simple and City shall
accept Developer’s offer of dedication provided that the park has been completed in accordance with the Development Plan. The park shall be privately maintained by Developer in perpetuity and in accordance with the Development Plan as set forth in a separate written maintenance and license agreement approved as to form by the City Attorney.
3.2.2 Public Safety Fee. Developer shall pay a public safety fee in the amount of Five Hundred Thousand Dollars and 00/100 ($500,000.00) to be used, at City’s discretion, to fund the cost of staffing, services and equipment as necessary for fire related public safety purposes. The fee shall be paid at the time the first building permit is issued for the residential portion of the
Project.
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3.2.4 Consumer Price Index (CPI) Increases. Any fee provided in this Section 3 (Public Benefit) shall be increased based upon percentage increases in the CPI Index as provided herein.
The first CPI adjustment shall occur on the third anniversary of the City Council’s adoption of
the Adopting Ordinance (the first “Adjustment Date”) and subsequent CPI adjustments shall occur on each anniversary of the first Adjustment Date thereafter until expiration of the Term of this Agreement (each, an “Adjustment Date”). The amount of the CPI adjustment on the first Adjustment Date shall be the percentage increase in the CPI Index between the second
anniversary of the City Council’s adoption of the Adopting Ordinance and the third anniversary
of the City Council’s adoption of the Adopting Ordinance. The amount of the CPI adjustment on each subsequent Adjustment Date shall be the percentage increase between said Adjustment Date and the immediately preceding Adjustment Date. The amount of the percentage increase in the CPI Index on the applicable Adjustment Dates shall in each instance be calculated based on the
then most recently available CPI Index figures such that, for example, if the first Adjustment
Date occurs on September 1, 2020, and the most recently available CPI Index figure on that date is the CPI Index for July 2020 (2 months prior to the first Adjustment Date), the percentage increase in the CPI Index on the first Adjustment Date shall be calculated by comparing the CPI Index for July 2019 with the CPI Index for July 2020. In no event, however, shall application of
the CPI Index on any Adjustment Date reduce the amount of any fee provided in this Section 3
(Public Benefit) (or unpaid portion thereof) below the amount in effect prior to that Adjustment Date.
4. Development of Project.
4.1 Applicable Regulations; Developer’s Vested Rights and City’s Reservation of
Discretion With Respect to Subsequent Development Approvals.
Other than as expressly set forth in this Agreement, during the Term of this Agreement, (i) Developer shall have the vested right to Develop the Project on and with respect to the Property in accordance with the terms of the Development Regulations and this Agreement and (ii) City shall not prohibit or prevent development of the Property on grounds inconsistent with
the Development Regulations or this Agreement. Notwithstanding the foregoing, nothing herein
is intended to limit or restrict the City’s discretion with respect to (i) those review and approval requirements contained in the Development Regulations, (ii) the exercise of any discretionary authority City retains under the Development Regulations, (iii) the approval, conditional approval, or denial of any Subsequent Development Approvals that are required for
Development of the Project as of the Effective Date, or (iv) any environmental approvals that
may be required under CEQA or any other federal or state law or regulation in conjunction with any Subsequent Development Approvals that may be required for the Project, and in this regard, as to future actions in connection with the Subsequent Development Approvals, the City reserves its full discretion to the same extent that it would have such discretion in the absence of this
Agreement. In addition, it is understood and agreed that nothing in this Agreement is intended to
vest Developer’s rights with respect to any laws, regulations, rules, or official policies of any other (i.e., non-City) governmental agency or public utility company with jurisdiction over the Property or the Project; or any applicable federal or state laws, regulations, rules, or official policies that may be inconsistent with this Agreement and that override or supersede the
provisions set forth in this Agreement, and regardless of whether such overriding or superseding
laws, regulations, rules, or official policies are adopted or applied to the Property or the Project prior or subsequent to the Agreement Date.
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Developer has expended and will continue to expend substantial amounts of time and money planning and preparing for Development of the Project. Developer represents, and City
acknowledges, that Developer would not make these expenditures without this Agreement, and
that Developer is and will be making these expenditures in reasonable reliance upon its vested rights to Develop the Project as set forth in this Agreement.
Developer may apply to City for permits or approvals necessary to modify or amend the Development specified in the Development Regulations, without amending this Agreement,
provided that the request does not propose an increase in the maximum density, intensity, height,
or size of proposed structures, or a change in use that generates more peak hour traffic or more daily traffic and, in addition, Developer may apply to City for approval of minor amendments to the existing tentative tract map, if any, or associated conditions of approval, consistent with City of Newport Beach Municipal Code Section 19.12.090. This Agreement does not constitute a
promise or commitment by City to approve any such permit or approval, or to approve the same
with or without any particular requirements or conditions, and City's discretion with respect to such matters shall be the same as it would be in the absence of this Agreement.
4.2 No Conflicting Enactments.
Except to the extent City reserves its discretion as expressly set forth in this Agreement,
during the Term of this Agreement City shall not apply to the Project or the Property any
ordinance, policy, rule, regulation, or other measure relating to Development of the Project that is enacted or becomes effective after the Effective Date to the extent it conflicts with this Agreement or Developer consents in writing. This Section 4.2 shall not restrict City’s ability to enact an ordinance, policy, rule, regulation, or other measure applicable to the Project pursuant to
California Government Code Section 65866 consistent with the procedures specified in Section
4.3 of this Agreement. In Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the California Supreme Court held that a construction company was not exempt from a city’s growth control ordinance even though the city and construction company had entered into a consent judgment (tantamount to a contract under California law) establishing the company’s
vested rights to develop its property consistent with the zoning. The California Supreme Court
reached this result because the consent judgment failed to address the timing of development. The Parties intend to avoid the result of the Pardee case by acknowledging and providing in this Agreement that Developer shall have the vested right to Develop the Project on and with respect to the Property at the rate, timing, and sequencing that Developer deems appropriate within the
exercise of Developer’s sole subjective business judgment, provided that such Development
occurs in accordance with this Agreement and the Development Regulations, notwithstanding adoption by City’s electorate of an initiative to the contrary after the Effective Date. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the Development of all or any part of the Project and whether enacted by initiative or another
method, affecting subdivision maps, building permits, occupancy certificates, or other
entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Developer’s vested rights in this Agreement or otherwise conflicts with the express provisions of this Agreement.
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4.3 Reservations of Authority.
Notwithstanding any other provision set forth in this Agreement to the contrary, the laws,
rules, regulations, and official policies set forth in this Section 4.3 shall apply to and govern the
Development of the Project on and with respect to the Property.
4.3.1 Procedural Regulations. Unless otherwise specified in this Agreement, procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure shall
apply to the Property, provided that such procedural regulations are adopted and applied City-
wide or to all other properties similarly situated in City.
4.3.2 Processing and Permit Fees. City shall have the right to charge, and Developer shall be required to pay, all applicable processing and permit fees to cover the reasonable cost to City of processing and reviewing applications and plans for any required
Subsequent Development Approvals, building permits, excavation and grading permits,
encroachment permits, and the like, for performing necessary studies and reports in connection therewith, inspecting the work constructed or installed by or on behalf of Developer, and monitoring compliance with any requirements applicable to Development of the Project, all at the rates in effect at the time fees are due.
4.3.3 Consistent Future City Regulations. City ordinances, resolutions,
regulations, and official policies governing Development which do not conflict with the Development Regulations, or with respect to such regulations that do conflict, where Developer has consented in writing to the regulations, shall apply to the Property.
4.3.4 Development Exactions Applicable to Property. During the Term of this
Agreement, Developer shall be required to satisfy and pay all Development Exactions at the time
performance or payment is due to the same extent and in the same amount(s) that would apply to Developer and the Project in the absence of this Agreement. City shall not alter, increase, or modify said Development Exaction in a manner that is inconsistent with this Agreement, the Project’s conditions of approval, or the Development Regulations without Developer’s prior
written consent or as may be otherwise required pursuant to overriding federal or state laws or
regulations (Section 4.3.5 below). In addition, nothing in this Agreement is intended or shall be deemed to vest Developer against the obligation to pay any of the following (which are not included within the definition of “Development Exactions”) in the full amount that would apply in the absence of this Agreement: (i) City’s normal fees for processing, environmental
assessment and review, tentative tract and parcel map review, plan checking, site review and
approval, administrative review, building permit, grading permit, inspection, and similar fees imposed to recover City’s costs associated with processing, reviewing, and inspecting project applications, plans, and specifications, including CEQA review; (ii) fees and charges levied by any other public agency, utility, district, or joint powers authority, regardless of whether City
collects those fees and charges; or (iii) community facility district special taxes or special district
assessments or similar assessments, business license fees, bonds or other security required for public improvements, transient occupancy taxes, sales taxes, property taxes, sewer lateral connection fees, water service connection fees, new water meter fees, and the Property Development Tax payable under Section 3.12 of Newport Beach Municipal Code.
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4.3.5 Overriding Federal and State Laws and Regulations. Federal and state laws and regulations that override Developer’s vested rights set forth in this Agreement shall
apply to the Property, together with any City ordinances, resolutions, regulations, and official
policies that are necessary to enable City to comply with the provisions of any such overriding federal or state laws and regulations, provided that (i) Developer does not waive its right to challenge or contest the validity of any such purportedly overriding federal, state, or City law or regulation; and (ii) upon the discovery of any such overriding federal, state, or City law or
regulation that prevents or precludes compliance with any provision of this Agreement, City or
Developer shall provide to the other Party a written notice identifying the federal, state, or City law or regulation, together with a copy of the law or regulation and a brief written statement of the conflict(s) between that law or regulation and the provisions of this Agreement. Promptly thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to
determine whether a modification or suspension of this Agreement, in whole or in part, is
necessary to comply with such overriding federal, state, or City law or regulation. In such negotiations, City and Developer agree to preserve the terms of this Agreement and the rights of Developer as derived from this Agreement to the maximum feasible extent while resolving the conflict. City agrees to cooperate with Developer at no cost to City in resolving the conflict in a
manner which minimizes any financial impact of the conflict upon Developer. City also agrees
to process in a prompt manner Developer’s proposed changes to the Project and any of the Development Regulations as may be necessary to comply with such overriding federal, state, or City law or regulation; provided, however, that the approval of such changes by City shall be subject to the discretion of City, consistent with this Agreement.
4.3.6 Public Health and Safety. Any City ordinance, resolution, rule, regulation,
program, or official policy that is necessary to protect persons on the Property or in the immediate vicinity from conditions dangerous to their health or safety, as reasonably determined by City, shall apply to the Property, even though the application of the ordinance, resolution, rule regulation, program, or official policy would result in the impairment of Developer’s vested
rights under this Agreement.
4.3.7 Uniform Building Standards. Existing and future building and building-related standards set forth in the building standard codes adopted and amended by City from time-to-time, including building, plumbing, mechanical, electrical, housing, swimming pool, and fire codes, and any modifications and amendments thereof shall all apply to the Project and the
Property to the same extent that the same would apply in the absence of this Agreement.
4.3.8 Public Works Improvements. To the extent Developer constructs or installs any public improvements, works, or facilities, the City standards in effect for such public improvements, works, or facilities at the time of City’s issuance of a permit, license, or other authorization for construction or installation of same shall apply.
4.3.9 No Guarantee or Reservation of Utility Capacity. Notwithstanding any
other provision set forth in this Agreement to the contrary, nothing in this Agreement is intended or shall be interpreted to require City to guarantee or reserve to or for the benefit of Developer or the Property any utility capacity, service, or facilities that may be needed to serve the Project, whether domestic or reclaimed water service, sanitary sewer transmission or wastewater
treatment capacity, downstream drainage capacity, or otherwise, and City shall have the right to
limit or restrict Development of the Project if and to the extent that City reasonably determines
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that inadequate utility capacity exists to adequately serve the Project at the time Development is scheduled to commence. Notwithstanding the foregoing, City covenants to provide utility
services to the Project on a non-discriminatory basis (i.e., on the same terms and conditions that
City undertakes to provide such services to other similarly situated new developments in the City of Newport Beach as and when service connections are provided and service commences).
4.4 Tentative Subdivision Maps.
City agrees that Developer may file and process new and existing vesting tentative maps
for the Property consistent with California Government Code sections 66498.1-66498.9 and City
of Newport Beach Municipal Code Chapter 19.20 (Vesting Tentative Maps). Developer agrees that filing and issuance of a new subdivision map may trigger additional development impact fees. Pursuant to the applicable provision of the California Subdivision Map Act (California Government Code section 66452.6(a)), the life of any tentative subdivision map approved for the
Property, whether designated a “vesting tentative map” or otherwise, shall be extended for the
Term of this Agreement.
5. Amendment or Cancellation of Agreement.
This Agreement may be amended or canceled in whole or in part only by mutual written and executed consent of the Parties in compliance with California Government Code Section
65868 and Newport Beach Municipal Code Section 15.45.070 or by unilateral termination by
City in the event of an uncured default of Developer.
5.1 Extension.
The City Council may approve further extensions beyond the term upon written request from the Developer.
6. Enforcement.
Unless amended or canceled pursuant to California Government Code Section 65868, Newport Beach Municipal Code Section 15.45.070, or modified or suspended pursuant to Newport Beach Municipal Code Chapter 15.45 or California Government Code Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, this Agreement shall be
enforceable by either Party despite any change in any applicable general or specific plan, zoning,
subdivision, or building regulation or other applicable ordinance or regulation adopted by City (including by City’s electorate) that purports to apply to any or all of the Property.
7. Annual Review of Developer’s Compliance With Agreement.
7.1 General.
City shall review this Agreement once during every twelve (12) month period following
the Effective Date for compliance with the terms of this Agreement as provided in Government Code section 65865.1. Developer (including any successor to the owner executing this Agreement on or before the date of the Adopting Ordinance) shall pay City a reasonable fee in an amount City may reasonably establish from time-to-time to cover the actual and necessary
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costs for the annual review. City’s failure to timely provide or conduct an annual review shall not constitute a Default hereunder by City.
7.2 Developer Obligation to Demonstrate Good Faith Compliance.
During each annual review by City, Developer is required to demonstrate good faith compliance with the terms of the Agreement. Developer agrees to furnish such evidence of good faith compliance as City, in the reasonable exercise of its discretion, may require, thirty (30) calendar days prior to each anniversary of the Effective Date during the Term.
7.3 Procedure.
The Zoning Administrator shall conduct a duly noticed hearing and shall determine, on the basis of substantial evidence, whether or not Developer has, for the period under review, complied with the terms of this Agreement. If the Zoning Administrator finds that Developer has so complied, the annual review shall be concluded. If the Zoning Administrator finds, on the
basis of substantial evidence, that Developer has not so complied, written notice shall be sent to
Developer by first class mail of the Zoning Administrator’s finding of non-compliance, and Developer shall be given at least ten (10) calendar days to cure any noncompliance that relates to the payment of money and thirty (30) calendar days to cure any other type of noncompliance. If a cure not relating to the payment of money cannot be completed within thirty (30) calendar days
for reasons which are beyond the control of Developer, Developer must commence the cure
within such thirty (30) calendar days and diligently pursue such cure to completion. If Developer fails to cure such noncompliance within the time(s) set forth above, such failure shall be considered to be a Default and City shall be entitled to exercise the remedies set forth in Article 8 below.
7.4 Annual Review a Non-Exclusive Means for Determining and Requiring Cure of
Developer’s Default.
The annual review procedures set forth in this Article 7 shall not be the exclusive means for City to identify a Default by Developer or limit City’s rights or remedies for any such Default.
8. Events of Default.
8.1 General Provisions.
In the event of any material default, breach, or violation of the terms of this Agreement (“Default”), the Party alleging a Default shall deliver a written notice (each, a “Notice of Default”) to the defaulting Party. The Notice of Default shall specify the nature of the alleged
Default and a reasonable manner and sufficient period of time (twenty (20) calendar days if the
Default relates to the failure to timely make a monetary payment due hereunder and not less than thirty (30) calendar days in the event of non-monetary Defaults) in which the Default must be cured (“Cure Period”). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of this Agreement or institution of legal proceedings. If
the alleged Default is cured within the Cure Period, then the Default thereafter shall be deemed
not to exist. If a non-monetary Default cannot be cured during the Cure Period with the exercise of commercially reasonable diligence, the defaulting Party must promptly commence to cure as
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quickly as possible, and in no event later than thirty (30) calendar days after it receives the Notice of Default, and thereafter diligently pursue said cure to completion. Notwithstanding the
foregoing, the City is not required to give Developer notice of default and may immediately
pursue remedies for a Developer Default that result in an immediate threat to public health, safety or welfare.
8.2 Default by Developer.
If Developer is alleged to have committed Default and it disputes the claimed Default, it
may make a written request for an appeal hearing before the City Council within ten (10)
calendar days of receiving the Notice of Default, and a public hearing shall be scheduled at the next available City Council meeting to consider Developer’s appeal of the Notice of Default. Failure to appeal a Notice of Default to the City Council within the ten (10) calendar day period shall waive any right to a hearing on the claimed Default. If Developer’s appeal of the Notice of
Default is timely and in good faith but after a public hearing of Developer’s appeal the City
Council concludes that Developer is in Default as alleged in the Notice of Default, the accrual date for commencement of the thirty (30) calendar day Cure Period provided in Section 8.1 shall be extended until the City Council’s denial of Developer’s appeal is communicated to Developer in writing.
8.3 City’s Option to Terminate Agreement.
In the event of an alleged Developer Default, City may not terminate this Agreement without first delivering a written Notice of Default and providing Developer with the opportunity to cure the Default within the Cure Period, as provided in Section 8.1, and complying with Section 8.2 if Developer timely appeals any Notice of Default. A termination of this Agreement
by City shall be valid only if good cause exists and is supported by evidence presented to the
City Council at or in connection with a duly noticed public hearing to establish the existence of a Default. The validity of any termination may be judicially challenged by Developer. Any such judicial challenge must be brought within sixty (60) calendar days of service on Developer, by first class mail, postage prepaid, of written notice of termination by City or a written notice of
City’s determination of an appeal of the Notice of Default as provided in Section 8.2.
8.4 Default by City.
If Developer alleges a City Default and alleges that the City has not cured the Default within the Cure Period, Developer may pursue any legal or equitable remedy available to it, including, without limitation, an action for a writ of mandamus, injunctive relief, or specific
performance of City’s obligations set forth in this Agreement. Upon a City Default, any
resulting delays in Developer’s performance hereunder shall neither be a Developer Default nor constitute grounds for termination or cancellation of this Agreement by City and shall, at Developer’s option (and provided Developer delivers written notice to City within thirty (30) calendar days of the commencement of the alleged City Default), extend the Term for a period
equal to the length of the delay.
8.5 Waiver.
Failure or delay by any Party in delivering a Notice of Default shall not waive that Party’s right to deliver a future Notice of Default of the same or any other Default.
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8.6 Specific Performance Remedy.
Due to the size, nature, and scope of the Project, it will not be practical or possible to
restore the Property to its pre-existing condition once implementation of this Agreement has
begun. After such implementation, both Developer and City may be foreclosed from other choices they may have had to plan for the development of the Property, to utilize the Property or provide for other benefits and alternatives. Developer and City have invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the
terms of this Agreement and will be investing even more significant time and resources in
implementing the Project in reliance upon the terms of this Agreement. It is not possible to determine the sum of money which would adequately compensate Developer or City for such efforts. For the above reasons, except as set forth in Section 8.7, City and Developer agree that damages would not be an adequate remedy if either City or Developer fails to carry out its
obligations under this Agreement. Therefore, except as set forth in Section 8.7, specific
performance of this Agreement is necessary to compensate Developer if City fails to carry out its obligations under this Agreement or to compensate City if Developer falls to carry out its obligations under this Agreement.
8.7 Monetary Damages.
The Parties agree that monetary damages shall not be an available remedy for any Party
for a Default hereunder by the other Party; provided, however, that (i) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict City’s right to recover the Public Benefit Fees due from Developer as set forth herein; and (ii) nothing in this Section 8.7 is intended or shall be interpreted to limit or restrict Developer’s indemnity obligations set forth in Article 10
or the right of the prevailing Party in any Action to recover its litigation expenses, as set forth in
Section 8.10. In no event shall damages be awarded against the City upon an event of default or upon termination of this Agreement. Developer expressly agrees that the City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, for purposes of this Section 8.7, “City”)
shall not be liable for any monetary damage for a Default by the City or any claims against City
arising out of this Agreement. Developer hereby expressly waives any such monetary damages against the City. The sole and exclusive judicial remedy for Developer in the event of a Default by the City shall be an action in mandamus, specific performance, or other injunctive or declaratory relief.
8.8 Additional City Remedy for Developer’s Default.
In the event of any Default by Developer, in addition to any other remedies which may be available to City, whether legal or equitable, City shall be entitled to receive and retain any Development Exactions applicable to the Project or the Property, including any fees, grants, dedications, or improvements to public property which it may have received prior to Developer’s
Default without recourse from Developer or its successors or assigns.
8.9 No Personal Liability of City Officials, Employees, or Agents.
No City official, employee, or agent shall have any personal liability hereunder for a Default by City of any of its obligations set forth in this Agreement.
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8.10 No Recovery of Legal Expenses by Prevailing Party in Any Action.
In any judicial proceeding, arbitration, or mediation (collectively, an “Action”) between
the Parties that seeks to enforce the provisions of this Agreement or arises out of this Agreement,
the prevailing Party shall not recover any of its costs and expenses, regardless of whether they would be recoverable under California Code of Civil Procedure section 1033.5 or California Civil Code section 1717 in the absence of this Agreement. These costs and expenses include, but are not limited to, court costs, expert witness fees, attorneys’ fees, City staff costs (including
overhead), and costs of investigation and preparation before initiation of the Action.
9. Force Majeure.
No Party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused, through no fault of the Party whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, wars, riots
or similar hostilities, strikes or other labor difficulties, state or federal regulations, or court
actions. Except as specified above, nonperformance shall not be excused because of the act or omission of a third person. In no event shall the occurrence of an event of force majeure operate to extend the Term of this Agreement. In addition, in no event shall the time for performance of a monetary obligation, including without limitation Developer’s obligation to pay Public Benefit
Fees, be extended pursuant to this Section.
10. Indemnity Obligations of Developer.
10.1 Indemnity Arising From Acts or Omissions of Developer.
Except to the extent caused by the intentional misconduct or gross negligent acts, errors or omissions of City or one (1) or more of City’s officials, employees, agents, attorneys, and
contractors (collectively, the “City’s Affiliated Parties”), Developer shall indemnify, defend, and
hold harmless City and City’s Affiliated Parties from and against all suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to reasonable attorneys’ fees and costs) (collectively, a “Claim”) that may arise, directly or indirectly, from the acts, omissions, or operations of Developer or Developer’s agents, contractors, subcontractors,
agents, or employees in the course of Development of the Project or any other activities of
Developer relating to the Property or Project, or pursuant to this Agreement. City shall be entitled to retain separate counsel to represent City against the Claim and the City’s reasonable defense costs for its separate counsel shall be included in Developer’s indemnity obligation, provided that such counsel shall reasonably cooperate with Developer in an effort to minimize
the total litigation expenses incurred by Developer. In the event either City or Developer
recovers any attorney’s fees, expert witness fees, costs, interest, or other amounts from the party or parties asserting the Claim, Developer shall be entitled to retain the same (provided it has fully performed its indemnity obligations hereunder). The indemnity provisions in this Section 10.1 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and
shall survive the Termination Date.
10.2 Third Party Litigation.
In addition to its indemnity obligations set forth in Section 10.1, Developer shall indemnify, defend, and hold harmless City and City’s Affiliated Parties from and against any
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Claim against City or City’s Affiliated Parties seeking to attack, set aside, void, or annul the approval of this Agreement, the Adopting Ordinance, any of the Development Regulations for
the Project (including without limitation any actions taken pursuant to CEQA with respect
thereto), any Subsequent Development Approval, or the approval of any permit granted pursuant to this Agreement (including without limitation any actions taken pursuant to CEQA with respect thereto). Said indemnity obligation shall include payment of reasonable attorney’s fees, expert witness fees, City staff costs (including overhead), and court costs. City shall promptly notify
Developer of any such Claim and City shall cooperate with Developer in the defense of such
Claim. Developer shall not be responsible to indemnify, defend, and hold City harmless from such Claim until Developer is so notified and if City fails to cooperate in the defense of a Claim Developer shall not be responsible to defend, indemnify, and hold harmless City during the period that City so fails to cooperate or for any losses attributable thereto. City shall be entitled
to retain separate counsel to represent City against the Claim and the City’s reasonable defense
costs for its separate counsel shall be included in Developer’s indemnity obligation, provided that such counsel shall reasonably cooperate with Developer in an effort to minimize the total litigation expenses incurred by Developer. In the event either City or Developer recovers any attorney’s fees, expert witness fees, costs, interest, or other amounts from the party or parties
asserting the Claim, Developer shall be entitled to retain the same (provided it has fully
performed its indemnity obligations hereunder). No settlement of any Claim against City or City’s Affiliated Parties shall be executed without the written consent of both the City and Developer. The indemnity provisions in this Section 10.2 shall commence on the Agreement Date, regardless of whether the Effective Date occurs, and shall survive the Termination Date.
10.3 Environmental Indemnity.
In addition to its indemnity obligations set forth in Section 10.1, from and after the Effective Date Developer shall indemnify, defend, and hold harmless City and City’s Affiliated Parties from and against any and all Claims for personal injury or death, property damage, economic loss, statutory penalties or fines, and damages of any kind or nature whatsoever,
including without limitation reasonable attorney’s fees, expert witness fees, and costs, based
upon or arising from any of the following: (i) the actual or alleged presence of any Hazardous Substance on or under any of the Property in violation of any applicable Environmental Law; (ii) the actual or alleged migration of any Hazardous Substance from the Property through the soils or groundwater to a location or locations off of the Property; and (iii) the storage, handling,
transport, or disposal of any Hazardous Substance on, to, or from the Property and any other area
disturbed, graded, or developed by Developer in connection with Developer’s Development of the Project. The indemnity provisions in this Section 10.3 shall commence on the Effective Date occurs, and shall survive the Termination Date.
11. Assignment.
Owner and Developer shall have the right to sell, transfer, or assign (hereinafter, collectively, a
“Transfer”) Developer’s interest in or fee title to the Property, in whole or in part, to a “Permitted Transferee” (which successor, as of the effective date of the Transfer, shall become the “Developer” under this Agreement) at any time from the Agreement Date until the Termination Date; provided, however, that no such Transfer shall violate the provisions of the Subdivision
Map Act (Government Code Section 66410 et seq.) or City’s local subdivision ordinance and
any such transfer shall include the assignment and assumption of Developer’s rights, duties, and
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obligations set forth in or arising under this Agreement as to the Property or the portion thereof so Transferred and shall be made in strict compliance with the following conditions precedent:
(i) no transfer or assignment of any of Developer’s rights or interest under this Agreement shall
be made unless made together with the Transfer of all or a part of Developer’s interest in the Property; and (ii) prior to the effective date of any proposed Transfer, Developer (as transferor) shall notify City, in writing, of such proposed Transfer and deliver to City a written assignment and assumption, executed in recordable form by the transferring and successor Developer and in
a form subject to the reasonable approval of the City Attorney of City (or designee), pursuant to
which the transferring Developer assigns to the successor Developer and the successor Developer assumes from the transferring Developer all of the rights and obligations of the transferring Developer with respect to the Property and this Agreement, or interest in the Property, or portion thereof to be so Transferred, including in the case of a partial Transfer the
obligation to perform such obligations that must be performed outside of the Property so
Transferred that are a condition precedent to the successor Developer’s right to develop the portion of the Property so Transferred. Any Permitted Transferee shall have all of the same rights, benefits, duties, obligations, and liabilities of Developer under this Agreement with respect to the portion of, or interest in, the Property sold, transferred, and assigned to such
Permitted Transferee; provided, however, that in the event of a Transfer of less than all of the
Property, or interest in the Property, no such Permitted Transferee shall have the right to enter into an amendment of this Agreement that jeopardizes or impairs the rights or increases the obligations of the Developer with respect to the balance of the Property, without Developer’s written consent.
Notwithstanding any Transfer, the transferring Developer shall continue to be jointly and severally liable to City, together with the successor Developer, to perform all of the transferred obligations set forth in or arising under this Agreement unless there is full satisfaction of all of the following conditions, in which event the transferring Developer shall be automatically
released from any and all obligations with respect to the portion of the Property so Transferred:
(i) the transferring Developer no longer has a legal or equitable interest in the portion of the Property so Transferred other than as a beneficiary under a deed of trust; (ii) the transferring Developer is not then in Default under this Agreement and no condition exists that with the passage of time or the giving of notice, or both, would constitute a Default hereunder; (iii) the
transferring Developer has provided City with the notice and the fully executed written and
recordable assignment and assumption agreement required as set forth in the first paragraph of this Section 11; and (iv) the successor Developer either (A) provides City with substitute security equivalent to any security previously provided by the transferring Developer to City to secure performance of the successor Developer’s obligations hereunder with respect to the Property, or
interest in the Property, or the portion of the Property so Transferred, as determined in the City’s
sole discretion, or (B) if the transferred obligation in question is not a secured obligation, the successor Developer either provides security reasonably satisfactory to City or otherwise demonstrates to City’s reasonable satisfaction, as determined in the City’s sole discretion, that the successor Developer has the financial resources or commitments available to perform the
transferred obligation at the time and in the manner required under this Agreement and the
Development Regulations for the Project. Any determination by the City in regards to the second paragraph of Section 11, subpart (iv) (A), (B), shall be documented in writing.
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12. Mortgagee Rights.
12.1 Encumbrances on Property.
The Parties agree that this Agreement shall not prevent or limit Developer in any manner
from encumbering the Property, any part of the Property, or any improvements on the Property with any Mortgage securing financing with respect to the construction, development, use, or operation of the Project.
12.2 Mortgagee Protection.
This Agreement shall be superior and senior to the lien of any Mortgage. Nevertheless,
no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value. Any acquisition or acceptance of title or any right or interest in the Property or part of the Property by a Mortgagee (whether due to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination, or otherwise) shall be subject to all
of the terms and conditions of this Agreement. Any Mortgagee who takes title to the Property or
any part of the Property shall be entitled to the benefits arising under this Agreement.
12.3 Mortgagee Not Obligated.
Notwithstanding the provisions of this Section 12.3, a Mortgagee will not have any obligation or duty under the terms of this Agreement to perform the obligations of Developer or
other affirmative covenants of Developer, or to guarantee this performance except that: (i) the
Mortgagee shall have no right to develop the Project under the Development Regulations without fully complying with the terms of this Agreement; and (ii) to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, that performance shall continue to be a condition precedent to City’s performance.
12.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.
Each Mortgagee shall, upon written request to City, be entitled to receive written notice from City of: (i) the results of the periodic review of compliance specified in Article 7 of this Agreement, and (ii) any default by Developer of its obligations set forth in this Agreement.
Each Mortgagee shall have a further right, but not an obligation, to cure the Default
within thirty (30) calendar days after receiving a Notice of Default with respect to a monetary
Default and within sixty (60) calendar days after receiving a Notice of Default with respect to a non-monetary Default. If the Mortgagee can only remedy or cure a non-monetary Default by obtaining possession of the Property, then the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure
the non-monetary Default within sixty (60) calendar days after obtaining possession and, except
in case of emergency or to protect the public health or safety, City may not exercise any of its judicial remedies set forth in this Agreement to terminate or substantially alter the rights of the Mortgagee until expiration of the sixty (60) calendar day period. In the case of a non-monetary Default that cannot with diligence be remedied or cured within sixty (60) calendar days, the
Mortgagee shall have additional time as is reasonably necessary to remedy or cure the Default,
provided the Mortgagee promptly commences to cure the non-monetary Default within sixty (60) calendar days and diligently prosecutes the cure to completion.
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13. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.
14. Miscellaneous Terms.
14.1 Reserved
14.2 Notices.
Any notice or demand that shall be required or permitted by law or any provision of this Agreement shall be in writing. If the notice or demand will be served upon a Party, it either shall be personally delivered to the Party; deposited in the United States mail, certified, return receipt
requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt
showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows:
TO CITY: City of Newport Beach 100 Civic Center Drive
Newport Beach, California 92660
Attn: City Manager
With a copy to: City Attorney City of Newport Beach 100 Civic Center Drive
Newport Beach, California 92660
TO DEVELOPER: Derek Picerne TPG (KCN) Acquisition, LLC 5000 Birch Street, Ste. 600 Newport Beach, CA 92660
With a copy to: Sean Matsler, Esq. Cox, Castle & Nicholson LLP 3121 Michelson Drive, Ste. 200 Irvine, CA 92612
Any Party may change the address stated in this Section 14.2 by delivering notice to the other Parties in the manner provided in this Section 14.2, and thereafter notices to such Party or Parties shall be addressed and submitted to the new address. Notices delivered in accordance with this Agreement shall be deemed to be delivered upon the earlier of: (i) the date received, or
(ii) three (3) business days after deposit in the mail as provided above.
14.3 Project as Private Undertaking.
The Development of the Project is a private undertaking. Neither the Developer nor the City is acting as the agent of the other in any respect, and each is an independent contracting entity with respect to the terms, covenants, and conditions set forth in this Agreement. This
Agreement forms no partnership, joint venture, or other association of any kind. The only
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relationship between the Parties is that of a government entity regulating the Development of private property by the owner of the property.
14.4 Cooperation.
Each Party shall cooperate with and provide reasonable assistance to the other Party to the extent consistent with and necessary to implement this Agreement. Upon the request of a Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions
as may be reasonably necessary to implement this Agreement or to evidence or consummate the
transactions contemplated by this Agreement.
14.5 Estoppel Certificates.
At any time, any Party may deliver written notice to the other Party requesting that Party certify in writing that, to the best of its knowledge: (i) this Agreement is in full force and effect
and is binding on the Party; (ii) this Agreement has not been amended or modified either orally
or in writing or, if this Agreement has been amended, the Party providing the certification shall identify the amendments or modifications; and (iii) the requesting Party is not in Default in the performance of its obligations under this Agreement and no event or situation has occurred that with the passage of time or the giving of Notice or both would constitute a Default or, if such is
not the case, then the other Party shall describe the nature and amount of the actual or
prospective Default. Such estoppel certificates may be relied upon only by the Parties, their respective successors and assigns, and, in the event of an estoppel certificate issued by City, a Mortgagee of Developer, including a Permitted Transferee, and its actual or prospective Mortgagee. City shall be entitled to payment/reimbursement for its actual and reasonable costs
of investigation and preparation of an estoppel certificate prior to issuing the same.
The Party requested to furnish an estoppel certificate shall execute and return the certificate within thirty (30) calendar days following receipt (assuming, in the case of an estoppel certificate to be issued by City, Developer has paid City the cost thereof, as provided above).
14.6 Rules of Construction.
The singular includes the plural; the masculine and neuter include the feminine; “shall” is
mandatory; and “may” is permissive.
14.7 Time Is of the Essence.
Time is of the essence regarding each provision of this Agreement as to which time is an element.
14.8 Waiver.
The failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of that Party’s right to demand strict compliance by the other Party in the future.
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14.9 Counterparts.
This Agreement may be executed in two (2) or more counterparts, each of which shall be
identical and may be introduced in evidence or used for any other purpose without any other
counterpart, but all of which shall together constitute one (1) and the same agreement.
14.10 Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to
the subject matter addressed in this Agreement.
14.11 Severability.
The Parties intend that each and every obligation of the Parties is interdependent and interrelated with the other, and if any provision of this Agreement or the application of the provision to any Party or circumstances shall be held invalid or unenforceable to any extent, it is
the intention of the Parties that the remainder of this Agreement or the application of the
provision to persons or circumstances shall be rendered invalid or unenforceable. The Parties intend that no Party shall receive any of the benefits of the Agreement without the full performance by such Party of all of its obligations provided for under this Agreement. Without limiting the generality of the foregoing, the Parties intend that Developer shall not receive any of
the benefits of this Agreement if any of Developer’s obligations are rendered void or
unenforceable as the result of any third party litigation, and City shall be free to exercise its legislative discretion to amend or repeal the Development Regulations applicable to the Property and Developer shall cooperate as required, despite this Agreement, should third party litigation result in the nonperformance of Developer’s obligations under this Agreement. The provisions
of this Section 14.11 shall apply regardless of whether the Effective Date occurs and after the
Termination Date.
14.12 Construction.
This Agreement has been drafted after extensive negotiation and revision. Both City and Developer are sophisticated parties who were represented by independent counsel throughout the
negotiations or City and Developer had the opportunity to be so represented and voluntarily
chose to not be so represented. City and Developer each agree and acknowledge that the terms of this Agreement are fair and reasonable, taking into account their respective purposes, terms, and conditions. This Agreement shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used
to construe the whole or any part of this Agreement in favor of or against any Party.
14.13 Successors and Assigns; Constructive Notice and Acceptance.
The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. Except for those provisions relating to indemnity in Section 10, all other provisions of this Agreement shall, from
and after the Effective Date hereof, be enforceable as equitable servitudes and constitute
covenants running with the land. Subject to occurrence of the Effective Date, each covenant to do or refrain from doing some act hereunder with regard to Development of the Property: (i) is
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for the benefit of and is a burden upon every portion of the Property; (ii) runs with the Property and each portion thereof; and (iii) is binding upon each Party and each successor in interest
during its ownership of the Property or any portion thereof. Every person or entity who now or
later owns or acquires any right, title, or interest in any part of the Project or the Property is and shall be conclusively deemed to have consented and agreed to every provision of this Agreement. This Section 14.13 applies regardless of whether the instrument by which such person or entity acquires the interest refers to or acknowledges this Agreement and regardless of
whether such person or entity has expressly entered into an assignment and assumption
agreement as provided for in Article 11.
14.14 No Third Party Beneficiaries.
The only Parties to this Agreement are City and Developer. This Agreement does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit
or be enforceable by any other person or entity.
14.15 Applicable Law and Venue.
This Agreement shall be construed and enforced consistent with the laws of the State of California, without regard to conflicts of law principles. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or
determining the validity of any provision of this Agreement shall be filed and tried in the
Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The Parties waive all provisions of law providing for the removal or change of venue to any other court.
14.16 Section Headings.
All section headings and subheadings are inserted for convenience only and shall not
affect construction or interpretation of this Agreement.
14.17 Incorporation of Recitals and Exhibits.
All of the Recitals are incorporated into this Agreement by this reference. Exhibits A through B are attached to this Agreement and incorporated by this reference as follows:
EXHIBIT DESIGNATION DESCRIPTION
A Legal Description of Property
B Site Map
14.18 Recordation.
The City Clerk of City shall record this Agreement and any amendment, modification, or cancellation of this Agreement in the Office of the County Recorder of the County of Orange
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within the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. The date of recordation of this Agreement shall not
modify or amend the Effective Date or the Termination Date.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE TO DEVELOPMENT AGREEMENT
“DEVELOPER”
TPG (KCN) Acquisition, LLC, a California limited liability company By: ____________________________ Name: ____________________________ Title: ____________________________ By: ____________________________
Name: ____________________________ Title: ____________________________
“CITY”
CITY OF NEWPORT BEACH, a municipal corporation and charter city
Will O’Neill, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Aaron C. Harp, City Attorney
Sean Matsler, Attorney for Developer
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ACKNOWLEDGEMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , , before me, (here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , , before me, (here insert name and title of the officer)
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
255
EXHIBIT B
SITE MAP
256
Planning Commission Resolution No. PC2020-040
Page 31 of 43
EXHIBIT “G”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The Project is subject to compliance with all applicable submittals approved by the City
of Newport Beach (“City”) and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3.Site Development Review No. SD2020-006, Lot Line Adjustment No. LA2020-002,
Affordable Housing Implementation Plan No. AH2020-003, and Traffic Study No.TS2020-001 shall expire unless exercised within twenty four (24) months from the date
of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code
(“NBMC”), unless an extension is otherwise granted by the City for a period of time
provided for in the Development Agreement pursuant to the provisions of California
Government Code Section 66452.6(a).
4.The proposed residential development shall consist of 312 apartment units, inclusive of
260 base units and 52 density bonus units.
5.A minimum of 420 on-site parking spaces shall be provided for residents and guest parkingto be located within the residential parking structure and in designated parking areas in
front the residential building.
6.Parking for office uses within Professional and Business Office Site B shall be provided
in accordance with the Koll Center Newport Planned Community DevelopmentRegulations. All parking spaces displaced by the Project shall be replaced and
accommodated within the proposed residential building, existing and reconfigured
surface parking lots, and within the proposed free-standing parking structure.
Approximately 635 spaces may be removed and replaced as follows: approximately 284
to be located within the new free-standing parking structure, approximately 276 spaceswill be located within the residential parking structure, and the remaining 75 spaces
(approximate) will be located within the nearby surface parking lots as illustrated on the
approved site plan.
7.A minimum of 13 apartment units shall be made affordable to very-low incomehouseholds consistent with the approved Residences at 4400 Von Karman Affordable
Housing Implementation Plan (AH2020-003) dated October 2020.
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8. Prior to the issuance of a building permit for the residential structure, an affordable housing agreement shall be executed in a recordable form as required by the City
Attorney’s Office.
9. On-site recreational amenities: private balconies, a clubroom, a fitness center, podium
courtyards, a roof terrace, a dog wash, and a bike shop/storage as illustrated on the approved plans shall be provided and maintained for the duration of the Project.
10. Prior to the issuance of a building permit, the Applicant shall enter into an agreement
with the City for park improvements, use, and on-going maintenance, subject to the
review and approval of the Community Development Department, Recreation and Senior Services Department, and City Attorney’s Office.
11. Prior to the issuance of a building permit, a tentative parcel map for the creation of one-
acre park shall be submitted, processed and recorded to the satisfaction of the
Community Development Department, Recreation and Senior Services Department, and City Attorney’s Office.
12. Signage shall be installed and maintained within the park clearly indicating the park is
for general public uses. The design and location of the park signage shall be reviewed
and approved by the City Recreation and Senior Services Department and Community Development Department prior to fabrication and installation.
13. Park hours shall be restricted to between 8:00 a.m. to 8:00 p.m.
14. Prior to the issuance of Final Certificate of Occupancy for the residential structure, the improvements to the one-acre park shall be completed by Applicant and the park parcel
shall be deeded to the City.
15. Maximum height of the residential structure shall be 75 feet. No building or any portion
of structure, architectural feature or mechanical equipment shall exceed 75 feet.
16. Maximum height of the free-standing structure shall be 40 feet. No building or any
portion of structure, mechanical equipment or elevator shafts shall exceed 40 feet.
17. The residential/office parking garage and free-standing parking structures shall have the following features:
a. A safe, secure and well lighted and signed pedestrian paths for all users.
b. Adequate and uniform lighting throughout each parking level.
c. Panic alarms and two-way communication systems in prominent locations on
each parking level.
18. In addition to the required design features stated in the previous condition, the free-standing parking structure shall have the following features:
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a. A wall system that would partially obscure vehicle lights and reduce noise from
within the structure.
b. The lighting for upper (roof) level shall be limited parking lot lighting standards
not in excess of 25 feet above the driving surface.
19. At least three pedestrian connections, as shown on the approved plans, shall be
provided and maintained by the property owner or its assignee. The connections shall
be improved with sidewalks and canopy trees and may include enhanced pavement,
seating areas or other amenities to create a convenient, safe and pleasant walkway subject to the review and approval of the Community Development Director. All
pedestrian connections shall be improved, completed, and inspected by the Community
Development Department, prior to the issuance of Final Certificate of Occupancy for the
residential building.
20. Prior to the issuance of a building permit for the residential structure, an acoustical
analysis report, prepared by an acoustical engineer, shall be submitted to the Planning
Division describing the acoustical design features of the residential structure that will
satisfy the exterior and interior noise standards. The Project shall be attenuated in
compliance with the report.
21. Prior to the issuance of a building permit, Lot Line Adjustment No. LA2020-002 shall be
recorded.
22. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and
Bridge Fee Program. Prior to the issuance of a building permit, Fair Share and
Transportation Corridor Agency fees shall be paid.
23. Prior to the issuance of a building permit for the residential structure, the Applicant shall pay applicable school fees.
24. Prior to the issuance of a building permit, Applicant shall pay applicable property
development tax as required pursuant to NBMC Chapter 3.12 (Property Development
Tax).
25. The property management company shall distribute a written disclosure statement prior
to lease or rental of any residential unit. The disclosure statement shall indicate that the
occupants will be living in an urban type of environment and that the noise, odor, and
outdoor activity levels may be higher than a typical suburban residential area. In addition, potential annoyances or inconveniences associated with residing in proximity
to airport operations such as noise, vibration, and odor may occur. The disclosure
statement shall include a written description of the potential impacts to residents of both
the existing environment and potential impacts based upon the allowed uses in the
zoning district and proximity to airport. Each and every lessee or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure
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statement. The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement
stated herein; (2) an acknowledgment by all grantees or lessees that the property is
located within an urban type of environment and that the noise, odor, and outdoor activity
levels may be higher than a typical suburban residential area; and (3) acknowledgment
that the covenant is binding for the benefit and in favor of the City of Newport Beach.
26. Prior to the issuance of Final Certificate of Occupancy, signage shall be installed within
the one-acre park informing the public of the presence of operating aircraft at the John
Wayne Airport. The final design and location of the signage shall be reviewed and
approved by the City prior to installation.
27. Any substantial modification to the approved Site Development Review plans, as
determined by the Community Development Director, shall require an amendment to
this Site Development Review application or the processing of a new application.
28. A copy of the Resolution, including conditions of approval Exhibit “G” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
29. Prior to the issuance of a building permit, Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Site Development Review and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
30. Prior to the issuance of a building permit, Applicant shall submit a detailed landscape
and irrigation plan prepared by a licensed landscape architect for the one-acre park, all open space areas, private courtyards, and three pedestrian connections to Uptown
Newport project. These plans shall incorporate drought tolerant plantings and water
efficient irrigation practices, and the plans shall be approved by the Community
Development Department and Fire Department.
31. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
32. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
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the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
33. Prior to the issuance of a building permit, the Applicant shall prepare photometric study
for the residential building and free-standing parking structure in conjunction with a final
lighting plan for approval by the Planning Division. All outdoor lighting fixtures shall be
designed, shielded, aimed, located, and maintained to shield adjacent properties and to
not produce glare onto adjacent properties or roadways. Parking lot light fixtures and
light fixtures on buildings shall be full cut-off fixtures.
34. Prior to the issuance of Final Certificate of Occupancy for each individual building (residential building and free-standing garage), the Applicant shall schedule an evening
inspection by the Code and Water Quality Enforcement Division to confirm control of
light and glare specified in conditions of approval.
35. 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.
36. 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. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
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
37. 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.
38. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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.
39. Refuse collection shall comply with the Waste Management Plan included in the
approved plans. The Applicant’s property management company shall contract with a
franchised hauler on the City list of authorized companies.
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40. 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.
41. 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 NBMC Title 14 (Water and Sewers), including all future
amendments (including Water Quality related requirements).
42. 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 Residences at 4400 Von Karman including, but not limited to, Planned
Community Development Plan Amendment No. PD2020-001, Site Development Review
No. SD2020-006, Lot Line Adjustment No. LA2020-002, Affordable Housing
Implementation Plan No. AH2020-003, Traffic Study No. TS2020-001, Development
Agreement No. DA2020-002, and Addendum to the 2006 General Plan Update Program
Environmental Impact Reports No. ER2020-003 (PA2020-061). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating
or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The Applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department
43. The drive aisle adjacent to the free-standing parking structure shall be a 20-foot
minimum drive aisle with proper turning radius to be used for fire access only. Final
design of the drive aisle shall be approved by the Fire Marshall and the City Traffic Engineer.
44. A fire apparatus access road shall be provided as per Newport Beach Fire Department
Guideline C.01. The fire apparatus road shall extend to within 150 feet of all the facility
and all portions of the exterior walls of the residential building’s first story unless alternatives are approved by the Fire Marshal.
45. A fire apparatus access drive shall be placed in between the two existing buildings to
provide access to the rear of the proposed apartment building. The access way shall
be designed to the requirements of the Fire Marshal.
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46. A fire hydrant shall be installed within 400 feet of the fire department access way serving the rear of the proposed apartment building. The precise location of the proposed fire
hydrant will be approved by the Fire Marshal.
47. Wall mounted standpipe connections shall be installed adjacent to Stair Well #2 and #3
to provide water for fire operations to the rear of proposed apartment building.
48. Standpipes shall be provided on the roof of the proposed apartment building near the
termination of Stair Well #2 and #3 to support fire operations on the roof of the structure.
49. Standpipes shall be provided at the rear of the proposed apartment building when combustible construction begins at grade level. Temporary water lines, as approved by
the Fire Marshal, may be used to supply these stand pipes until permanent fire water
lines are established.
50. A fire flow shall be required per Newport Beach Fire Department (NBFD) Guideline B.01
“Determination of Required Fire Flow.” The fire flow shall also determine the number of
fire hydrants requirement for the Project.
51. Emergency responder radio coverage shall be required to comply with NBFD Guideline
D.05 “Public Safety Radio Coverage” and CFC Section 510.
52. Emergency power and Standby Power System shall be required as per CFC Section
604.2.14.
53. An automatic sprinkler system shall be installed in accordance with CFC Section 903.2
amendment shall be provided throughout all buildings.
54. A standpipe system shall be required and installed as per CFC Section 905.3.1.
55. Fire Alarm system shall be provided as per CFC Section 907.2.9.
56. Emergency Power Outlets shall be required (120-volt Duplex) and shall be 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 office, per CFC Section 604.2.15.2.2 Amendment. The electrical outlets
shall be provided in the following locations:
a. In the main exit corridor of each floor, adjacent to each exit enclosure;
b. In each elevator lobby;
c. On every level in every stairwell;
d. In public assembly areas larger than 1,500 square feet;
e. In every fire control room; and
f. f. In such other areas as may be designed by the fire code official.
57. Elevators shall be gurney sized and equipped as a medical emergency elevator as CBC
Section 3002.
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58. Fire Department Connections shall be located on the address side of the building and 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’s 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 per NBFD Guideline F.04.
59. The FDCs shall be located no more than 100’ from a public hydrant. The FDCs may be
located within 100’ of a private hydrant if the FDC is connected to the fire sprinkler system
by a dedicated pipe that connects on the system side of the sprinkler system check valve per NBFD Guideline F.04.
60. The landscape plans shall be reviewed by the Fire department prior to installation of trees
that may interfere with potential fire ladder operations at the rear of the proposed apartment
building.
Building Division
61. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
62. 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
• 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.
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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.
63. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction
Activities shall be prepared, submitted to the State Water Quality Control Board for
approval and made part of the construction program. The Applicant will provide the City
with a copy of the NOI and their application check as proof of filing with the State Water
Quality Control Board. This plan will detail measures and practices that will be in effect
during construction to minimize the project’s impact on water quality.
64. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Final
Water Quality Management Plan (WQMP) for the Project, subject to the approval of the
Building Division and Code and Water Quality Enforcement Division. The WQMP shall
provide appropriate Best Management Practices (BMPs) to ensure that no violations of
water quality standards or waste discharge requirements occur.
65. 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.
Residential Structure and Parking Garage
66. Prior to the issuance of a grading permit, grading bonds shall be required to be submitted
and reviewed by Building Division staff and approved by the City Attorney.
67. The required wall and opening protection requirements for the existing building adjacent
to proposed building shall be maintained. (503.1.2, Table 508.4, Table 705.8 and
705.3).
68. Story/rooms/spaces with a common path of egress travel exceeding 125 feet for R2
Occupancy shall have two separate and distinct means of egress. (1006.2.1).
69. Openings in interior exist stairways shall be limited to those necessary for exit access
to the enclosure from normally occupied spaces and for egress from the enclosure.
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70. Exits shall be separated by one-third the diagonal dimension of the building or area served when the building is equipped with fire sprinklers throughout in accordance with
NFPA 13. (1007.1.1).
71. Exterior balconies, stairways and ramps shall be located at least 10 feet (3048 mm) from
adjacent lot lines and from other buildings on the same lot unless the adjacent building exterior walls and openings are protected in accordance with Section 705 based on fire
separation distance. (1027.3).
72. Horizontal exit shall not serve as the only exit from a portion of a building, and where
two or more exits are required, not more than one-half of the total number of exits shall be horizontal exits. (1026.1).
73. Exit discharge shall not cross interior property lines; must be located within its own
property.
74. Emergency egress for sleeping rooms below the fourth story above grade plan in
accordance with Section 1030.1 shall be provided.
75. The required low-emitting, fuel-efficient, electrical, and carpool/van pool vehicle(s) per
CALGreen shall not occupy the same space as for the required accessible stall(s).
76. Elevators shall be protected with lobbies or acceptable alternative per CBC.
77. The residential dwelling units and their common use areas shall comply with Housing
Accessibility per Chapter 11A.
78. The nonresidential portion of the development shall comply with the public
accommodation requirements per Chapter 11B.
Free-standing Parking Structure
79. The free-standing parking structure shall be equipped with NFPA 13 sprinklers.
80. Exterior walls fire rated construction and allowable openings of the free-standing parking
structure shall comply with Sections 601, 602, & 705.8.
81. Accessible path of travel from the free-standing parking structure connecting to other
building served shall be provided.
82. The free-standing parking structure’s elevators shall be required for accessible path of travel.
83. Two-way communication system complying with Section 1009.8 shall be provided at the
free-standing parking structure’s elevator landings on floors that is one or more stories
above or below the level of exit discharge when vehicular ramps do not comply with Section 1012.
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84. Standard and Van accessible parking stalls shall be provided within the free-standing
parking structure, in accordance with Section 11B-208.2.
85. Clean Air Vehicles shall be provided within the free-standing parking structure, in
accordance with Section 5.106.5.2 of CalGreen. These stalls shall not be counted as providing required accessible stalls.
Public Works Department
86. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
87. All existing broken and/or otherwise damaged curb, gutter and sidewalk along the Von
Karman Avenue and Birch Street Project frontages shall be reconstructed.
88. The Von Karman Avenue sidewalk along the Project frontage is designated for bicycle
riding per Resolution 82-148. A bicycle sidewalk along Von Karman Avenue, from the
main Project entry to the intersection of Birch Street and Von Karman Avenue, shall be
constructed. The final design of the sidewalk, including the sidewalk width, shall be
reviewed and approved by City Traffic Engineer.
89. At the west entrance to the free-standing parking structure, a turn-around space shall
be provided, or signage indicating the height restrictions for the first level of the structure
shall be installed, as approved by the City Traffic Engineer.
90. The Project's driveway approaches per City Standard 161-L (Commercial Driveway
Approach Type II) shall be reconstructed. The Project’s driveways shall accommodate
one inbound lane and two outbound lanes (one left-turn only and one right turn only
lane).
91. The internal roadway shall comply with City Council Policy L-4 with a minimum curb to
curb width of 32-feet wide, with parking on one side or no parking.
92. The Applicant shall provide water and sewer demand studies for review. Water demand
study shall be reviewed and approved by Irvine Ranch Water District. All required improvements shall be the sole responsibility of the development.
93. All water improvements shall be reviewed and approved by the Irvine Ranch Water
District.
94. All unused sewer laterals to be abandoned shall be capped at the Project’s property line.
If the sewer lateral to be abandoned has an existing cleanout, abandonment shall
include removal of the cleanout riser, the 4TT box and the wye. Sewer lateral shall then
be capped where the wye used to be.
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95. All improvements shall comply with the City's sight distance requirement per City
Standard 110-L and Municipal Code 20.30.130.
96. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right- of-way shall be
required at the discretion of the Public Works Inspector.
97. All on-site Project drainage shall comply with the latest City Water Quality requirements.
98. The Project's parking lot and parking structures shall be per City Standards 805-L- A
and 805-L-B. All dead-end drive aisles shall provide a dedicated turn-around area and 5-foot minimum drive aisle extension.
99. A new sewer cleanout shall be added to all existing sewer laterals servicing the Project
site. A sewer manhole shall be placed on public side of the property line within the Von
Karman Avenue driveway.
100. A sewer system management plan shall submit for review and approval by the Utilities
Department. Plan shall be approved prior to the issuance of building permit.
101. All gated entries for the parking structures and surface lots shall provide a minimum three (3) vehicle stacking area prior to the gate. The vehicle stacking shall not impact or
block the sidewalks or street area. All gated entries shall provide a turn-around area
prior to the gate, or provide other means that allow drivers to exit that is acceptable to
the City Traffic Engineer.
102. The final Project parking layout and on-site circulation shall be reviewed and approved
by City Traffic Engineer prior to the issuance of building permit. The Project parking lots
and parking structures shall be per City Standards STD-805-L-A and STD-805-L-B. All
dead-end drive aisles shall provide a dedicated turn-around area and 5-foot minimum
drive aisle extension.
103. The gate adjacent to the ramp on Basement Level B1 shall be relocated to eliminate
conflict and queuing on the ramp.
104. The City recommends that the free-standing parking structure to be relocated to another area of the Project or relocated the existing City’s storm drain line and associated
easement to an area outside of the free-standing parking structure. If the developer
and/or property owner wishes to build the stand-alone parking structure over the existing
storm drain, the City requires the following items to be reviewed and approved prior to
the issuance of building permit for the free-standing parking garage:
a. Execution of an agreement to transfer the risk and liability away from the City and
to the developer and property owners;
b. Provide a detailed inspection and conditions assessment of the existing storm drain line and repairs;
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c. Reconstruction of the storm drain line under the proposed new parking structure
to provide a new service life that matches the proposed new parking structure;
d. Add additional inspection manholes on both sides of the proposed parking
structure;
e. Hydraulic analysis of the storm drain system and pipe;
f. Hydrology analysis of the area; and
g. Review other potential engineering solutions.
105. Prior to the issuance of building permit, the Applicant shall submit a parking
management plan for the Project, including a narrative of the entry gate operations,
queuing, internal gates, users, grace period, assigned parking, etc. Parking Management Plan shall be reviewed and approved by the City Traffic Engineer.
106. Prior to the issuance of building permit, the Applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Community
Development, Fire and Public Works Departments. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set
forth in the approved plan. The plan shall include the followings:
a. Discussion of Project phasing;
b. Staging areas for construction trailer(s) and materials and equipment;
c. Parking arrangements for construction workers for both sites during each phase
of the construction;
d. Anticipated haul routes for all construction phases;
e. Emergency vehicle access and staging area(s) during all construction phases;
f. Wayfinding signage to assist office users to the available parking locations for each phase of construction; and
g. Pedestrian access plan to demonstrate safe and walkable pedestrian paths
during each phase of construction.
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Attachment No. PC 2
Project Description
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PROJECT DESCRIPTION
THE RESIDENCES AT 4400 VON KARMAN
1. Project Location
The Residences at 4400 Von Karman (“Project”) site is located at 4400 Von Karman Avenue in the City
of Newport Beach, County of Orange, California. The approximately 13.00-acre site is relatively flat
at an approximate elevation of 46 to 52 feet above mean sea level (msl).
The Project site is an irregularly-shaped property generally bordered by Birch Street to the northeast,
Von Karman Avenue to the west, and existing office uses and associated surface parking lots and
parking structures to the east and south within Koll Center Newport. The Property currently provides
a common pool of structured and surface parking to serve office tenants within the Koll Center
Newport. Koll Center Newport is an approximately 154-acre mixed-use development area generally
bordered on the northeast by Campus Drive, on the southeast by Jamboree Road, and on the west by
MacArthur Boulevard.
Regional access to the site is from State Route 73 (SR-73) via Jamboree Road to the south and
Interstate 405 (I-405) via Jamboree Road to the north. Vehicular access to the site is provided from
Birch Street and Von Karman Avenue. Currently, there are three driveways on Birch Street and two
driveways on Von Karman Avenue.
The Project site is approximately 0.5 mile southwest of John Wayne Airport, 0.5 mile northwest of the
San Joaquin Freshwater Marsh Reserve, and 1.5 miles northwest of the University of California, Irvine
(UCI).
2. Existing Land Uses
The Project site is currently developed with surface and structured parking lots and common
landscape areas for Koll Center Newport. Koll Center Newport includes low-rise, mid-rise, and high-
rise office buildings, hotels, and a private club.
There are three office buildings located within the boundaries of the Project site, none of which are
part of the Project.
▪ 4490 Von Karman Avenue is a two-story (33 feet) office building located southeast of the
intersection of Birch Street at Von Karman Avenue.
▪ 4440 Von Karman Avenue is a three-story (62 feet) office building located south of the 4490
Von Karman Avenue office building.
▪ 4910 Birch Street is a four-story (60 feet) office building located adjacent to and east of the
4490 Von Karman building.
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Adjacent and surrounding land uses include the following:
Northwest Extended Stay America Hotel (4 stories, 50 feet) is northwest of
the intersection of Birch Street at Von Karman Avenue.
The Duke Hotel (10 stories, 112 feet) is southwest of the
intersection of Birch Street at Von Karman Avenue.
Northeast Birch Street
Low-rise, office buildings (one story) and surface parking north of
Birch Street.
South 4340 Von Karman Avenue office building (4 stories, 63 feet).
4350 Von Karman Avenue office building (4 stories, 63 feet).
Uptown Newport residential apartments (75 feet)
TowerJazz Semiconductor manufacturing facility (two to three
stories, 88 feet)
Southeast 5000 Birch Street office building (10 stories, 154 feet) with an
associated free-standing parking structure adjacent to and south
of the building. The office building is immediately adjacent to the
Project site.
The California Superior Court Harbor Justice Center – Newport
Beach (two stories) is on the northwest corner of Birch Street at
Jamboree Road.
Low-rise office buildings (two stories) with surface parking are on
the south side of Birch Street. The surface parking for the office
buildings is adjacent to the Uptown Newport apartments.
Fast-food restaurants along Jamboree Road in Koll Center
Newport abut the Uptown Newport project site.
Southwest/West Von Karman Avenue
West of Von Karman Avenue, land uses include but are not
limited to a private club and the Bank of the West (9 story, 140
feet) office building.
3. Project Characteristics
The Project would allow for the development of 260 base residential units, a 1.1-acre public park, .6
acres of parks and walkways (including a 0.45 mile jogging trail), and a detached parking structure.
Approximately 1 acres of the site would be dedicated to access, parking, utilities, and landscaping. In
addition to the 260 base units, the Project is seeking a 20% density bonus. With the density bonus,
the Project will include 312 residential apartments consisting of 299 market-rate units and 13 very-
low affordable units.
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The Project would include 55 studio units, 149 one-bedroom units, and 108 two-bedroom units, for a
total of 312 units. The studios would range in size from 515 square feet to 628 square feet. The one-
bedroom units would range from 665 square feet to 1,025 square feet. The two-bedroom units would
range from 1,000 square feet to 1,413 square feet. Balconies would be provided on all units and
would range in size from 26 square feet to 71 square feet (except that studio units would have Juliet
balconies only).
The dwelling units would be in one building on approximately 2.7 acres consisting of four stories over
one level of on-grade parking and two levels of below grading parking with an overall building height
of 65 feet. Other elements such as stairwells, parapets, and elevator overruns would exceed 65 feet
and would be at a height of approximately 70 feet.
A detached 284-space parking structure on approximately 1.4 acres would provide approximately
three levels of parking with an overall height of 40 feet.
Implementation of the Project would require the demolition of existing surface parking and
landscaping within the limits of disturbance. All Project residential parking would be provided on site,
with additional on-site parking for the proposed public park and adjacent office uses.
Table 3-2. Proposed Residential & Office Parking
Residential Building Parking Garage
Level Office EV
Stalls
Office
Accessible
Resident EV
Stalls
Resident
Accessible
Total
Level 1 135 17 3 5 0 5 165
Basement 1 117 0 4 160 29 9 319
Basement 2 0 0 0 313 28 0 341
Garage Total 252 17 7 478 57 14 825
Surface Parking Along Internal Street
Parallel 0 0 0 0 0 10 10
Total 276 559 835
The Project’s design and materials would be high-quality with lush landscaping and activated
pedestrian spaces. The colors would be compatible with the surrounding natural and built
environment. The main building corners are the featured project massing and will be clad in warm
colored stone veneer providing a natural richness distinguishing the building as an inviting oasis in the
Koll Center development. Internal accents of cementitious siding in dark grays and blues provide
articulation to the main building façade along the southern internal street and accent the cool colors
of the exterior plaster base. Storefront windows distinguish amenity and leasing areas as unique and
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special from the residential units. At the upper level balconies and amenity entrances awning are
used to provide façade articulation and visual interest. The main vehicular entrances utilize stone
veneer wayfinding elements to identify project entry points.
The square footage and massing of the new residential and parking structure buildings would be
compatible with existing buildings and would include articulated façades.
Shaded lounging would be provided in the park as well as opportunities for outdoor workspace. The
park would be programmed with a mix of active and passive uses which may include a multi-purpose
lawn for recreation, bocce court, and shade pavilion. Streetscapes would be well landscaped with
pedestrian walkways to match neighborhood character. The main entry drive will be enhanced with
seated nodes and lush landscape to soften the building façade. Podium courtyards are designed to
be amenity rich with pool, spa, outdoor fitness and lush gardens for resident comfort and recreation.
The Project’s design approach is intended to be reflective of the surrounding office context. Its
contemporary forms complement the existing office buildings to create a building that is respectful
of the current condition while creating a distinctly unique identity. The Project corners are enhanced
with rich materials to bring attention and articulate the prominent areas of the Project. The approach
to the building site orientation was done to create a sheltered refuge in the greater business
development by turning the courtyards inward away from the busy roadways of Von Karman Ave and
Birch Street. At the same time, the building pulls away from the east and west property lines to
provide generous relief from the public right-of-way to create an enjoyable pedestrian experience.
The site is linked with the surrounded development by means of a green belt and pedestrian trail
along the north property line connecting Von Karman Avenue to Birch Street with the public park
centrally located along the route. The park’s location provides a centralized amenity for the entire
neighborhood and provides the necessary relief between nearby office buildings and apartments.
The Project will comply with the Cal-Green building code and utilize the following sustainable
features:
• Low flow plumbing fixtures
• Moisture based irrigation controller
• Stormwater infiltration
• EV ready parking stalls
• Bike parking for residents and visitors
• Low-E glazing
• Low VOC paint & coatings
• High Albedo roofing
• LED light fixtures
• Low VOC emitting finished (carpet, resilient flooring, wood)
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• Low formaldehyde composite wood products
• Recycled steel
• Fly ash concrete
• Building PV ready
• Energy Star appliances and bathroom fixtures
• Project is pre-piped for future gray water use
The Project will promote walkability given its proximity to the surrounding office-uses. It is anticipated
that some of the surrounding office users will choose to live in the development and therefore be able
to walk to work.
4. PARKING, VEHICULAR AND NON-VEHICULAR CIRCULATION
Parking
The Project would replace onsite parking through a combination of structure and surface parking. As
shown in Table 3-2 (Proposed Residential & Office Parking), the Project will provide 559 onsite parking
spaces for its residential units and 276 parking stalls to serve the existing office buildings in the parking
structure located at the southeast corner of the Project site.
Vehicular Access
Vehicular access to Koll Center Newport is currently provided by three driveways on Birch Street and
two driveways on Von Karman Avenue. Cross access throughout the site currently allows motorists to
access any parking area within Koll Center Newport from any of the site driveways. All driveways are
unsignalized and gated. Drivers enter either by key card or parking ticket. To exit the site, key card
users use their card to raise the gate; others must have a validated ticket or pay at the gate.
Access for the Project site, as well as the existing office buildings, would be provided from two
locations on Birch Street and one location on Von Karman Avenue. The Von Karman Avenue entrance
will be widened to accommodate full left and right turn lanes. The Birch Street exit will be widened to
accommodate full left and right turn lanes. Existing gates along the spine street that crosses the
property from Birch Street to Von Karman Avenue would be relocated as necessary to facilitate
efficient site circulation.
Pedestrian
There are existing sidewalks along Birch Street and Von Karman Avenue. Additionally, there is an
existing pedestrian connection through the site. As a part of the Project, walkways would be provided
within the site and connect to these existing sidewalks along the streets. Walkways would be provided
along the Project frontage to the spine street and into the proposed residential building, as well as
between the building, open space, and existing office buildings within the site.
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Bicycle Storage
The Project would include a 770 square foot bike shop/storage on the ground level to serve Project
residents.
5. LANDSCAPING, PARKS, OPEN SPACE, AND RECREATIONAL AMENITIES
Landscaping would be provided throughout the Project site to connect different areas of the site. In
addition to the 1.1-acre public park, the Project would include approximately .6 acres of open space,
including a 0.45 mile jogging trail.
Public Park
The Project includes a 1.1-acre publicly accessible park. The park would be located near the center of
the building approximately equidistant from Birch Street and Von Karman Avenue. The park would
be programmed with a mix of active and passive uses which may include a multi-purpose lawn for
recreation, bocce court and shade pavilion.
The park would include an area of terraced seating with decomposed granite paving that has views of
the central lawn. It would also include a shade pavilion with overhead shade structures, lounge areas
with seating, outdoor tables for groups, and a specimen tree. Walkways would be provided within
the park and adjacent to the park for access to the park. The park would provide shaded lounging and
opportunities for outdoor workspace. It would be landscaped with a variety of grasses, trees, shrubs,
groundcover, and succulents.
Open Space
Jogging Trail. The Project would include a 0.45 mile jogging trail connecting the residential building
to the neighboring buildings and the park. The trail would include landscaped pathways, seating
nodes, and connections to existing buildings.
Courtyards and Terraces. Within the footprint of the building, the Project would provide a level 2
podium pool courtyard, a level 2 podium garden terrace, and a level 5 roof terrace. These
improvements will be for the use for the exclusive use of the residential buildings tenants and their
guests.
Entry Court. The Project would feature an entry court with a water feature and planted pottery in
cobble.
Amenities
The Project would include approximately the following private amenities to serve Project residents:
• 3,354 square foot clubroom
• 640 square foot dog wash
• 2,910 square foot fitness center
• 2,611 square foot roof deck
• 1,703 square foot outdoor amenity
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• 15,484 square foot podium courtyard
• 770 square foot bike shop and bike storage
6. UTILITIES
Implementation of the Proposed Project would require the construction of new on-site utility
infrastructure to serve the residences and onsite features. These utilities would be connected to
existing utility infrastructure in adjacent roadways, with the final sizing and design of on-site facilities
to occur during final building design and plan check.
The Project would connect to existing utility systems. The Project site is within the service area of the
Irvine Ranch Water District. The City of Newport Beach collection system serves the Project site and
conveys wastewater to the Orange County Sanitation District. Storm water drainage is managed by
the City and the Orange County Flood Control Division of the Orange County Public Works
Department. Dry utilities—Southern California Edison for electricity, Southern California Gas
Company for natural gas, AT&T for telephone service, and Cox Communications for cable television
and data transmission—would be extended to the new buildings.
Water Service
The Project site is within the service area of the Irvine Ranch Water District (IRWD) which provides
both potable and non-potable water. IRWD has existing potable distribution lines adjacent to and
within the site in Von Karman Avenue, the on-site spine street, and between the 4910 Birch Street
and 4440 Von Karman Avenue office buildings.
The Project would construct a new water system with connections to an existing
10-inch IRWD main in Von Karman Avenue and a 10-inch main in Birch Street to provide potable and
fire flow water service to the Project site. IRWD maintains a non-potable water main immediately
adjacent to the Project site in Von Karman Avenue. The Proposed Project would connect to the
existing 8-inch IRWD non-potable main in Von Karman Avenue.
The proposed residential building would include approximately 53,000 square feet of landscaping that
would utilize irrigation. To conserve water, the following measures would be incorporated into the
Project:
• Installation of automatic ‘smart’ irrigation controller with rain-sensor.
• Use of low precipitation/low angle irrigation spray heads.
• Use of low water consuming plants.
• Soil amendment to achieve good soil moisture retention.
• Mulching to reduce evapotransporation from the root zone.
• Installation of automatic irrigation system to provide deep-root watering to trees.
The irrigation system for each hydrozone would be automatic and would incorporate low volume drip
emitters, bubblers, and high efficiency low angle spray heads at turf only. Drip irrigation systems
would be employed where effective and feasible. Irrigation valves would be separated to allow the
system to operate in response to orientation and exposure. Plants would be grouped with similar
water, climatic and soil requirements to conserve water and create a drought responsive landscape.
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Each hydrozone would consist of moderate to low water consuming plants. In areas of moderate
water consuming plants, plants would be amended to retain moisture for healthy growth and to
conserve water. Soils would be prepared and emended to provide for maximum moisture retention
and percolation. Planted beds would be mulched to retain soil moisture and reduce
evapotransporation.
To avoid wasted water, controls would be overseen by a flow monitor that would detect broken
sprinkler heads to stop that station’s operation, advancing to the next workable station. In the event
of a pressure supply line breakage, the operation would completely stop.
Wastewater Collection and Disposal
The City would provide sanitary sewer service to the Project site. There are three, 8-inch service
connections in Birch Street and Von Karman Avenue. The Proposed Project would connect to existing
service connections through sanitary sewer lines or laterals. Discharge from the sewer system would
be directed to the Orange County Sanitation District’s treatment plants.
Drainage and Water Quality Treatment
The site currently drains toward Von Karman Avenue (approximately 60% of flow) and Birch Street
(40% of flow) and connects to the City’s stormwater system. With buildout of the Project site, the
Project would continue to connect to the City’s stormwater system through an on-site storm drain
system. The site’s runoff would be collected and treated through vegetation before exiting the site.
Dry Utilities and Services
Public infrastructure and utility buildings, structures, and facilities including, but not limited to,
electrical, gas, telephone, and cable television would have to be extended to the proposed land uses.
All new public utilities would be placed underground within the development area. Utilities would be
principally located in road rights-of-way.
7. Construction Phasing
Implementation of the Proposed Project would be phased over an approximately 2.7-year period with
demolition and construction activities anticipated to commence in the third quarter of 2021 and
conclude in the first quarter of 2024. The Proposed Project would be constructed in three phases.
Construction phasing will be set forth in a construction management plan to be submitted, reviewed
and approved prior to construction of each phase. As discussed below and shown in the submittal
package sheet A5.3, Phase 1 includes the demolition of some surface parking and landscaping and the
construction of a free-standing parking structure; Phase 2 includes the construction of the 312 unit
residential structure; and Phase 3 includes the reconfiguration of existing surface parking.
Phase 1: Parking Structure
Phase 1 includes the demolition of approximately 106 surface parking spaces and associated
landscaping. A free-standing 284 stall parking structure would be constructed prior to breaking
ground on the remainder of the Proposed Project in order to replace surface parking temporarily
and permanently displaced by site development. The parking structure would have 3 levels of
above-ground parking, including rooftop parking. Construction activities are anticipated to occur
over an approximate 6-month timeframe.
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Phase 2A: Residential Structure
Phase 2 includes the demolition of approximately 443 surface parking spaces to allow for the
construction of the Project. At the completion of Phase 2, there would be 1,654 parking spaces
with parking for the Project residences and guest as well as 284 spaces in the structure for office
uses.
The Proposed Project’s site grading and foundation excavation would require the removal of
approximately 112,000 cubic yards (cy) of material. It is anticipated that all 112,000 cy will be
exported from the site. Construction activities are anticipated to occur over an approximately 24-
month time period.
Phase 2B
Phase 2B includes the demolition of 75 surface parking spaces to allow for the reconfiguration of
on-site surface parking and access. No grading is assumed in Phase 2B. Phase 2B construction
activities would run concurrent with Phase 2A and are anticipated to occur over an approximate
3-month time period.
The following table identifies the number of parking spaces that would be provided during each phase
of the Project both during the construction of the phase when the surface parking has been removed,
and at the completion of the phase when the replacement parking or the new parking has been
completed. During the construction of the new parking structure (Phase 1) and the construction of
the residential structure (Phase 2), parking shuttles would be provided for the use by office employees
of and guests of the office buildings. At the completion of Phase 1, there would be a net increase of
178 parking spaces from 1,643 existing spaces to 1,821 spaces.
Table XXX Parking Supply by Project Phase
Phase
Starting Parking
Supply Parking Loss /Gain Ending Parking Supply
Existing
Office
Proposed
Residences
Existing
Office
Proposed
Residences
Existing
Office
Proposed
Residences
Existing 1,643a. 0 n/a n/a 1,643 0
Phase 1 - During Construction 1,643 0 -106 0 1,537 0
Phase 1 - At Phase 1
Completion
1,537 0 284 0 1,821 0
Phase 2A - During
Construction
1,821 0 -443 0 1,378 0
Phase 2A - At Phase 2A
Completion
1,378 0 276 559 1,654 559
Phase 2B - During Construction 1,654 559 -75 0 1,579 559
Phase 2B - At Phase 2B
Completion
1,579 559 75 0 1,654 559
Net Change +11 n/a
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INTENTIONALLY BLANK PAGE282
Attachment No. PC 3
LSA Parking Study
283
INTENTIONALLY BLANK PAGE284
CARLSBAD
FRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net
MEMORANDUM
DATE: October 2, 2020
TO: Derek Picerne, Executive Vice President of Development, The Picerne Group
FROM: Anthony Petros
SUBJECT: Residences at Koll Center Parking Analysis
The purpose of this memorandum is to evaluate the parking supply and availability of vehicular
parking spaces during the construction of the Koll Center Residences Project (project) near the
corner of Von Karman Avenue/Birch Street in Newport Beach, California. The Koll Center Residences
is a proposed development on 13 acres of existing surface parking at the Koll Center office park
between Von Karman Avenue and Birch Street. The proposed development includes 299 market-
rate units and 13 affordable units for a total of 312 residential apartments and 841 total parking
stalls, a detached 285-stall parking structure, and a public park. The construction phases would
involve removing some of the existing surface parking spaces, which may lead to the realignment of
parking supply during construction.
The proposed project would involve construction of apartments and a parking structure. Phasing for
the entire project construction is as follows:
x Phase 1 would involve the demolition of 106 existing parking stalls (94 parking spaces from Area
2 and 12 adjoining spaces from Area 3; see attached Figure 1 for area identification) and
construction of a 285-stall freestanding garage in Area 2. At the end of Phase 1, there would be
179 net additional parking stalls for employees and patrons of Koll Center in addition to the
balance of the surface parking on the site. Phase 1 would occur before the construction of the
apartments in Phase 2.
x Phase 2 would involve the demolition of 440 existing parking stalls from Area 7 and construction
of 276 subterranean parking spaces in Area 7, which will be available to all uses including the
office buildings.
x Phase 3 would include reconfiguration of 75 existing surface parking spaces in Area 6 and part of
Area 3.
Table A presents the number of parking spaces that would be demolished and constructed in
Areas 2, 3, and 7 during Phases 1 and 2. As shown in Table A, Phases 1 and 2 would involve removing
546 existing parking spaces and constructing 561 new parking spaces. This would result in a surplus
of 15 parking spaces for the Koll Center Residences development.
285
10/2/20 (P:\PCG1901 - Koll Center Residences\Memo\Koll Center Parking Memo 10-2-20.docx) 2
Table A: Parking Spaces to Be Demolished/Added
No. of Parking Spaces
Demolished/Area
No. of Parking Spaces
Added/Area Surplus/(Deficit)
Phase 1 106/Areas 2 and 3 285/Area 2 179
Phase 2 440/Area 7 276/Area 7 (164)
Total 546 561 15
This estimation is based on the requirement of one-for-one parking stall replacement, without
considering the actual parking demand or parking usage. To demonstrate the actual parking
conditions over a typical week, LSA conducted parking accumulation surveys on Monday, July 22,
through Friday, July 26, 2019 from 6:00 a.m. to 6:00 p.m. each day. The parking survey was
conducted at nine surface parking areas plus one parking structure. The entire parking area is open
and available to all Koll Center tenants and users, and no parking reservation is present. Office
occupancies ranged from 100 percent to 70 percent across the entire seven-building area. The
survey data were assembled by area, day, and time of day, as shown in Table B (attached). Figure 1
shows a summary of each area’s parking supply, peak parking demand, peak percentage of
utilization, and peak time. As shown on Figure 1, none of these parking areas are utilized 100
percent, and parking utilization for the entire area is less than 50 percent.
During Phase 1, the peak demand from Area 2 (i.e., 46 spaces) would be accommodated in Areas 1
and 3 (9 residual spaces in Area 3 and 45 residual spaces in Area 1, for a total of 54 residual parking
spaces). No shuttle service for guests or employees would be required. During Phase 2, the peak
demand from Area 7 (i.e., 205 spaces) would be accommodated in Area 8, the freestanding garage
in Area 2 that would be constructed during Phase 1, and the parking structure located north of
Area 3 (64 residual spaces in Area 8, 239 residual spaces in Area 2, and 202 residual spaces in the
parking structure, for a total of 505 residual parking spaces).
Therefore, based on the allocation of parking by phase, the demolition of parking spaces, and the
provision of greater parking supply during the few phases of development, as well as the observed
parking accumulation over a typical week, adequate parking is forecast during the construction
period and after equilibration of the new residential use. Parking conditions do not warrant
provision of any additional Transportation Demand or Parking Management strategies such as valet
parking or shuttles. LSA recommends wayfinding signage to assist patrons to the available parking
locations. In addition, plans should be developed that demonstrate safe and walkable pedestrian
facilities during the construction phases of development.
Attachments: Table B – Koll Center Parking Inventory
Figure 1 – Composite Parking Layout
286
Table B: Koll Center Parking InventoryAccum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 168111571415448120838511751122461125611652120481234511355104649771Tuesday 168316515153501181036512345120481115711256115531175111256967256112Wednesday 16861621715144124828611058113551066210761106621105810365719746122Thursday 16841641515337131917711850122461204810662107611016710068818746122Friday 16851631615245123878110860106621076110266112561086095736210632136Average61621515345123897911553117511115710959112561125610563838555113Maximum1115717151501181036512345122461204811652120481234511355104649771Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 942925897872173355938563460375737573460326223711777Tuesday 9439178711832074385642524549385641534450405434601975Wednesday 9439178711832074375741534054375744504054365827671777Thursday 943917879851975385646484450445041534153435137572371Friday 944907879851777316336584252355938563658276714802767Average3917879851975365841534153385640543955365827672173Maximum49078711832173385646484549445044504450435137572767Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 29111280132783725457234762158121073218792128121083208722196123043248Tuesday 2918283122793725466225822098920288203842078420784207752166922231260Wednesday 29112279122793625561230812107921278213782137821383208742175323839252Thursday 29112279142773425761230742178720487204782136722467224602314824334257Friday 29111280122793625558233732188121075216672246322862229512403325819272Average11280132783625561230772148320880211772147521676215662255323833258Maximum12279142773725466225822098920288203842078420784207752166922243248Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 1408132121283110959811023811327105359644100401004010535786238102Tuesday 14031379131271136080102381152511921994110139112289248875335105Wednesday 140413610130291116278101391043699419743100401083210337845631109Thursday 1403137111292811258829149944698429941105351023810238756538102Friday 1406134101302311762781013910436102389149924895458258677335105Average51351013028112608099411063410535964410040103379743786235105Maximum81321212831109627810238115251192199411053511228105358753381027/29/20194:00 PM11:00 AM4:00 PM5:00 PM6:00 PMZone 3Supply6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PMStructureSupply6:00 AM7:00 AM8:00 AM9:00 AM5:00 PM6:00 PM5:00 PM6:00 PMZone 2Supply6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM12:00 PM1:00 PM2:00 PM3:00 PM6:00 PMSupplyZone 112:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM287
Table B: Koll Center Parking Inventory7/29/2019Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 13410124121222810651835975607448864787607454805381369817117Tuesday 1340134213219115449050845381409440944688468842923110312122Wednesday 134712791252211257776569627254805480676773616173478730104Thursday 134113331311611850846371567840944787548057775381389616118Friday 13461281112318116458959755084439138964094449039953310114120Average512971272111349855975567845894589538155795084379718116Maximum10123121212810557766568627154795479676673606172478630103Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 3603613563013231422152114221620122414221125531036Tuesday 36036135531122418181818181811251422171915211521531Wednesday 36036135432132319172313201620161818152115211026432Thursday 36036135333102612241422122415211224142211251125036Friday 36135135432102612241422142216201125191712241026135Average036135432122415211719162016201323162013231026234Maximum135135630132319172313201620161818191715211521531Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 561554521343243228283125292729272531263027292135848Tuesday 562545511739223426303026243222342630272926301937848Wednesday 5615535317392432302630262828243228282729272920361442Thursday 5615555116402729322432243422302625313323302623331244Friday 56254155124421353719223421351937183818381541749254Average1554521541243231252927272925312432263025311838947Maximum25355017382728371832233421302528273322302523321441Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 44020420314097836214929117626419524518225817027017226818026014629411132965375Tuesday 44014426324087736314829218425618825218825217926117626418125916627410833266374Wednesday 44012428274139134916427619124919324718525516227820523518125916627410733370370Thursday 4401842223417843561472931872531862541752651712691812591722681422989734361379Friday 4401342741399843561353051602801662741562841512891552851412991033375938127413Average1542531409833571492911802601862541772631672731782621712691452959634458382Maximum204234140291352164279191252195248188255179264205238181262166277111332703735:00 PM1:00 PM2:00 PM3:00 PM4:00 PM8:00 AM9:00 AM10:00 AM11:00 AM4:00 PM5:00 PM6:00 PMZone 7Supply6:00 AM7:00 AMZone 4Supply6:00 AM7:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PMZone 6Supply6:00 AM7:00 AM8:00 AM9:00 AMZone 5Supply6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM6:00 PM12:00 PM5:00 PM6:00 PM6:00 PM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM3:00 PM8:00 AM9:00 AM10:00 AM11:00 AM288
Table B: Koll Center Parking Inventory7/29/2019Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 19917182391606713212178119801247511485103961069310198781214815134165Tuesday 19911188371626113899100123761217811386100991079210099901094815130169Wednesday 19913186391606613310891123761356411683110891158411188791206113830169Thursday 19913186301696513493106120791217810693101981099010198821175514439160Friday 19913186351646913089110113861079296103931061009994105641353816115184Average13186361636613310297120791227710990101981079210198791205014930169Maximum17182391606913012178123761356411683110891158411188901096113839160Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 8428211733648642070147686618759795691558264044975Tuesday 842821272315364207687957212768777768721239452163Wednesday 8428257943415925701471136816691572126717602445391668Thursday 8408477741436321691571136915622267176321513325591074Friday 84282117342425727671765195628592554305331424224601470Average28297539456123701472126618681670146618572735491470Maximum282127243416420768795721276879576872124539216312:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PMZone 9Supply6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM6:00 PMZone 8Supply6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM289
Table B: Koll Center Parking Inventory7/29/2019Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum Resid Accum ResidMonday 1,642821,5601421,5003511,2916421,0007968468557877778657688747928507848586959475271,1153281,314Tuesday 1,642461,5961321,5103351,3076381,0048228208557878188247618817878558048387309125461,0962831,359Wednesday 1,642601,5821301,5123631,2796509928278158517917948487588848338098158277249185251,1172971,345Thursday 1,642551,5871161,5263331,3096191,0238048388298137858577538897688747518916749684901,1522791,363Friday 1,642631,5791451,4973421,3005811,0617618817518917129306719716839596709725301,1123471,2951861,456Average611,5811331,5093451,2976261,0168028408288147778657429007738697658776719714871,1552751,367Maximum821,5611451,4983631,2806509938278168557888188257688758338108158287309135461,0973281,3151:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PMAll ZonesSupply6:00 AM7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM290
SOURCE Google Earth:
FEET
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FIGURE 1
Composite Parking Layout
I:\PCG1901\G\Composite Parking.cdr (10/1/2020)
Koll Residential
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Bir
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Von Karman AveVonKarmanAve- Supply
- Peak Accumulation
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LEGEND
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123
73%
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Area 1Area 1
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Area 2Area 2
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StructureStructure
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Area 3Area 3
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Area 4Area 4
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64%
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Area 5Area 5
56
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67%
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Area 6Area 6
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Area 7Area 7
199
135
68%
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Area 8Area 8
84
79
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Area 9Area 9
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INTENTIONALLY BLANK PAGE292
Attachment No. PC 4
Project Plans
293
INTENTIONALLY BLANK PAGE294
TPG (KCN) ACQUISITION LLCRESIDENCES AT 4400 VON KARMANENTITLEMENT SUBMITTALOCTOBER 28, 2020295
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLCPROJECT SUMMARYPROJECT TEAMDEVELOPER:ARCHITECT (APARTMENTS):LANDSCAPE ARCHITECT:CIVIL ENGINEER:ARCHITECT (PARKING GARAGE):VICINITY MAPINDEXGENERAL:ARCHITECTURE (APARTMENTS):LANDSCAPE:CIVIL:ARCHITECTURE (PARKING GARAGE): PROJECT DATA PROJECT SUMMARYG-0.0PROJECT DESCRIPTIONThe proposed project site is located in the Koll Center planned community with the current land-use of surface parking serving the surrounding business center. The project is comprised of 4 parts, an apartment project, a park, a freestanding parking structure, and the remaining offi ce and parking area. The 5-story podium 312 unit apartment building consisting of one-level of on grade parking garage, two levels of subterranean parking (Type -I), the majority of the residential units are located above the podium on levels 2 thru 5 (Type-V). A portion of the residential units at the northeast corner of the site are 4-story (Type-V) slab on grade construction. The building is accessed from the south via a vehicular access providing links to the adjoining properties and proposed 1.1 acre park area. Project leasing offi ces are accessed directly from the internal street with a direct connection to the amenity spaces and courtyards on the second level. The project proposes to provide 276 offi ce stalls on site at the grade & fi rst levels of subterranean garage along with residential guest and residential parking provided at the subterranean levels.The park is approximately 1.1 acres and features a pavilion with signature tree and a multi-purpose lawn.The replacement garage is located on approximately 1.4 acres.JambJohn Wayne AirportMacArthur BlvdoreeBirch StreetVon Karman AvenueRoadWesterly PlaceQ u aDove St reUNIT SUMMARYTotal # % of NET Balcony /Total NetUNIT TYPEUnits Unit Mix S.F.* Deck S.F.**Rent.LVL 01 LVL 02 LVL 03 LVL 04 LVL 05STUDIO:S100022228515 026 4,120S4000 1010101040575 029 23,000ES400(Affordable)001113575 029 1,725S500011114628 031 2,512SUBTOTAL0 131414145517.6%31,3575701 BR:A1110999936665 57 33 23,940A2000645621657 30 33 13,797EA200(Affordable)004329657 30 33 5,913A4001446520744 62 37 14,880A5012677527848 148 42 22,896A7310 5 11 10 10361,025 72 51 36,900SUBTOTAL3 30394037149 47.8%118,3267942 BR:B10103233111,000 60 50 11,000EB101(Affordable)0010011,000 6050 1,000B40005566221,106 5655 24,332B42503333121,061 5753 12,732B50003333121,061 4353 12,732B70505555201,392 6970 27,840B93527786301,413 6571 42,390SUBTOTAL2 26262826108 34.6%132,0261,222PROJECT TOTAL 569 79 82 77 312 100.0%281,709903* Square footage is taken from centerline of party walls and outside of exterior walls, excluding decks and balconies.** Deck square footage is an average as most decks will vary slightly in size and is not included in Net Rentable Square Footage.AVG. S.F.Req. Balcony S.F.BUILDINGGROSSAREALeasing/Mail/AmenityͲTypeV 4,955SFResidential 365,194SFGarage(Level1)105,493SFBasement(LevelB1&B2)245,832SFAmenityͲTypeV9,332SFCourtyard/OpenPodium25,251SFTOTAL 756,057SFAMENITIESREQIUREDTotal44SF/UNIT X 312UNITS 13,728SFTOTAL 13,728SFAMENITIESPROVIDEDBikeShop/Storage770SFClubroom3,407SFDogWash640SFFitness2,910SFOutdoorAmenity1,703SFPodiumCourtyards15,485SFRoofDeck2,580SFTOTAL 27,495SFPROVIDEDRESIDENTIAL&OFFICEPARKINGONAPARTMENTSITE(AREA1A)PARKINGGARAGELevel1135 17350 5165Basement111704168 21 9319Basement2000306 21 0341GARAGETOTAL 252 177479 42 14 825SURFACEPARKINGParallel0010 10TOTALS835res.subtotal545PROVIDEDOFFICEPARKING(AREAS2B&3)SURFACEPARKING(AREA2)OfficeParking7575PROVIDEDFREESTANDINGSTRUCTURE(AREA3)OfficeParking284284TOTALS359TOTALPROJECTPROVIDED(AREAS1A,2B&3)OfficeParking635Resident545Total 1,180359Total276545EVSTALLSResidentAccessibleofficestallsresidentstallsLEVEL OfficeEVSTALLSOfficeAccessible ResidentREQUIREDEVCS(PARTOFREQUIREDPARKINGSPACES)PROVIDEDSTALLS REQ.RATIO REQ.STALLSNonresidential(Office)2760.06 17Residential4200.1042TOTALREQ59REQUIREDACCESSIBLEPARKING(PARTOFREQUIREDPARKINGSPACES)UnitType#ofStalls RatioTotalAssigned4950.0210Unassigned640.054Office2767835211accessiblevanstallrequiredforresidentialparking*1accessiblevanstallrequiredforofficeaccessibleparking*PARKINGSUMMARYREQUIREDRESIDENTIALPARKINGUnitType #Units Ratio TotalStudio 55 1.0 551ͲBedroom1491.01492ͲBedrooms1082.0216312420*Includesaffordableunits.REQUIREDRESIDENTIALPARKINGSUBTOTAL420REQUIREDGUESTPARKINGGUESTREQ.00.0 0(included in base parking ratio above)TOTALRESIDENTIALREQ. 420(Including guest stalls)TPG (KCN) ACQUISITION LLC5000 Birch St. East Tower, Suite 600Newport Beach, CA 92660 Contact: Derek PicerneTCA Architects19782 MacArthur Blvd., Suite 300Irvine, CA 92612 Contact: Irwin YauMJS Landscape Architecture507 30th StreetNewport Beach, CA 92663 Contact: Matt JacksonArchitects Orange144 N Orange StreetOrange, CA 92866Contact: Jason RuppTAIT & Associates, Inc.801 N Parkcenter DriveSanta Ana, CA 92705 Contact: David Sloan, PEP: 949.267.1511www.thepicernegroup.comdpicerne@picernegroup.comP: 949.862.0270www.tca-arch.comiyau@tca-arch.comP: 949.675.9964www.mjs-la.commatt@mjs-la.comP: 714.639.9860www.aoarchitects.comjason@aoarchitects.comP: 714.560.8643 P: 562.547.0705www.tait.comdsloan@tait.comG-0.0 PROJECT SUMMARYG-0.1G-0.2G-0.3A-0.1A-1.0A-1.1A-1.2A-1.3A-1.4A-1.5A-1.6A-1.7A-2.0A-2.1A-2.2A-2.3A-2.4A-2.5A-3.0A-3.1A-4.0A-5.0A-5.1A-5.2A-5.3A-5.4A-5.5A-5.6L.1L.2L.3L.4L.5L.6L.7L.8L.9L.10L.11PERSPECTIVEPERSPECTIVEDEVELOPMENT AREA AND USE PLANARCHITECTURAL SITE PLANLEVEL B2 - BASEMENT FLOOR PLANLEVEL B1 - BASEMENT FLOOR PLANLEVEL 1 - GROUND FLOOR PLANLEVEL 2 - PODIUM FLOOR PLANLEVEL 3 - FLOOR PLANLEVEL 4 - FLOOR PLANLEVEL 5 - FLOOR PLANCONCEPTUAL ROOF PLANSOUTH ELEVATIONSOUTH ELEVATIONEAST ELEVATIONSWEST ELEVATION NORTH ELEVATIONNORTH ELEVATIONBUILDING SECTIONSBUILDING SECTIONSMATERIALSSOLAR SHADE STUDYALLOWABLE AREASOFFICE PARKING PHASING PLANCOMMON OPEN SPACE & AMENITY PLANPRIVATE OPEN SPACEHEIGHT ANALYSISVEHICULAR CIRCULATIONCOMPOSITE LANDSCAPE PLANGROUND LEVEL LANDSCAPE PLANGROUND LEVEL CIRCULATION DIAGRAMPEDESTRIAN CONNECTIVITY TO UPTOWN NEWPORT PCPUBLIC PARK ENLARGEMENTLEVEL 2 PODIUM ENLARGEMENTLEVEL 5 ROOFTOP ENLARGEMENTLIFESTYLE IMAGERYTREE PLANPLANT IMAGERYIRRIGATION HYDROZONE PLANPURPOSE:APPLICATION SUBMITTALASSESSOR PARCEL NUMBER: PARCEL: 445 - 131 - 29, 445-131-04, 445-131-30TOTAL DEVELOPMENT AREA: 13.0 ± ACRESNET DEVELOPMENT AREA: 5.9 ACREDENSITY BONUS:20%EXISTING ZONING:PC - 15 KOLL CENTERPROPOSED ZONE CHANGE:RM MULTIPLE RESIDENTIALBASE UNITS:260TOTAL UNITS:312EXISTING LAND USE:KOLL CENTER PARKING LOTBASE DENSITY:44 DWELLINGS PER ACREPROPOSED DENSITY:53 DWELLINGS PER ACREOCCUPANCY CLASSIFICATION:R-2 RESIDENTIAL UNITSS-2 GARAGEB LEASING OFFICE, ROOF DECK, BUSINESS CENTERA-3 FITNESS, CLUB ROOMTYPE OF CONSTRUCTION: SLAB ON GRADE: TYPE VA SPRINKLERED, NFPA-13 (RESIDENTIAL)PODIUM: TYPE VA SPRINKLERED, NFPA-13 (RESIDENTIAL) TYPE IA SPRINKLERED, NFPA-13 (GARAGE)BUILDING CODE:CITY OF NEWPORT BEACH MUNICIPAL CODE2019 CALIFORNIA BUILDING CODEC-1.01C-2.01C-3.01C-4.01C-4.02C-5.01C-5.02C-6.01C-7.01GA-0.1GA-2.1GA-2.2GA-2.3GA-2.4GA-3.1GA-3.2TITLE SHEETCONCEPTUAL SITE PLANCONCEPTUAL LIMITS OF IMPACT PLANCONCEPTUAL GRADING PLANCONCEPTUAL GRADING PLANCONCEPTUAL STORM DRAIN PLANALTERNATE STORM DRAIN RELOCATION PLANCONCEPTUAL UTILITY PLANCONCEPTUAL HORIZONTAL CONTROL & STRIPING PLANPROJECT DATA-1FIRST TIER PLANSECOND TIER PLANTHIRD TIER PLANROOF EXTENSION PLANBUILDING ELEVATIONSBUILDING ELEVATIONS296
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLCPERSPECTIVE VIEW FROM BIRCH STREETG-0.1297
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLCPERSPECTIVEVIEW OF DRIVE ENTRYG-0.2298
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC60’0’120’240’G-0.3DEVELOPMENT AREA AND USE PLANINTERNAL STREETINTERNAL STREET4910 BIRCH ST.5000 BIRCH STAREA 1 - RESIDENTIAL DEVELOPMENT AREA*DEVELOPMENT AREAS LEGENDDEVELOPMENT DENSITY3.4 ACRES1.0 ACRES1.5 ACRES13.0 ACRES1.1 ACRESTOTAL DEVELOPMENT AREADEVELOPMENT AREAUNIT COUNTMIXED USE VILLAGE PROJECT LIMITSPUBLIC PARK AREA5.9 ACRES53 DU/AC5.9 ACRES312 UNITSAREA 2 - PROPOSED ACCESS AND PARKINGAREA 3 - PARKING STRUCTURE*LOT 1 (AREA 1 & PUBLIC PARK) OF FUTURE LOT LINE ADJUSTMENT ~ 4.5± ACRES4350 VON KARMAN AVE4340 VON KARMAN AVE4440 VON KARMAN AVE4490 VON KARMAN AVE- NOT A PART -- NOT A PART -- NOT A PART -- NOT A PART -- NOT A PART -- NOT A PART -- NOT A PART -299
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’ARCHITECTURAL SITE PLANA-0.1EXISTING OFFICE TOWER(3-STORY)EXISTING OFFICE TOWER(4-STORY)EXISTING BICYLE/PEDESTRIAN EASEMENTEXISTING BICYLE/PEDESTRIAN EASEMENT321'-6"73'-0" 229'-6"301'-5"302'-6"122'-4" 207'-10"187'-0"4 STORY SLAB ON GRADE APARTMENTS (TYPE-V)4-STORY APARTMENTS (TYPE-V)OVER 1-STORY AT GRADE PARKING GARAGE (TYPE-I)OVER 2 LEVEL SUB-T PARKING GARAGE (TYPE-I)4-STORY APARTMENTS (TYPE-V)OVER 1-STORY AT GRADE PARKING GARAGE (TYPE-I)OVER 2 LEVEL SUB-T PARKING GARAGE (TYPE-I)OFFICE / RESIDENTS / GUEST ENTRANCERESIDENT ONLYENTRANCESTAIR 1STAIR 2STAIR 3STAIR 4STAIR 5PODIUM ABOVETTTLOADING ZONE 18'OFFICE ONLYENTRANCE 30' 17' 52' 13'29' 29' 19'11'-0"TOF.O.CURB39'-6"LOADINGFD STAGING AREA1 ACRE PARK 16'VON KARMAN AVENUEBIRCH STREETINTERNAL STREETINTERNAL STREETACCESSIBLE PATH OF TRAVELSITE PLAN LEGENDPODIUM ABOVE300
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’LEVEL B2 - BASEMENT FLOOR PLANA-1.0PARKING STALL SIZESPROVIDED STALLHC VANHC9'-0"9'-0"'-0"9'-0"5'-0"1'-0"1'-0"WALL OR OBSTRUCTIONCITY OF NEWPORT BEAC MUNCIPAL CODE C 20.40 TABLE 3-13W ERE LENGT OF PARKING SPACE ABUST A WALL OR SIMILAR OBSTRUCTION T E RE UIRED WIDT S ALL BE 9'-0"RESIDENT PARKINGMAC INE ROOMMAC INE ROOMMAC INE ROOMSTORAGESTORAGEEX AUSTEX AUST26'-0"26'-0"26'-0"MAC INE ROOMSUPPLY S AFT ABOVESUPPLY S AFT ABOVE26'-0"26'-0"UP26'-0"MIN.5'-0"30'-0"UP 12' 13' 12' 16 ' 22'4' 4' 32'7.5% TRANSITION7.5% TRANSITIONVON KARMAN AVENUEBIRCH STREETINTERNAL STREETINTERNAL STREET301
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’LEVEL B1 - BASEMENT FLOOR PLANA-1.1PARKING STALL SIZESPROVIDED STALLHC VANHC9'-0"9'-0"'-0"9'-0"5'-0"1'-0"1'-0"WALL OR OBSTRUCTIONCITY OF NEWPORT BEAC MUNCIPAL CODE C 20.40 TABLE 3-13W ERE LENGT OF PARKING SPACE ABUST A WALL OR SIMILAR OBSTRUCTION T E RE UIRED WIDT S ALL BE 9'-0"UPDNOFFICE PARKINGRESIDENT GUEST PARKINGEX AUSTEX AUSTSTORAGESTORAGEOFFICE ELEVGATERESIDENT GUEST PARKING26'-0"26'-0"26'-0"26'-0"26'-0"FENCE TO SEPARATE PARKING USES NO VE ICLUAR ACCESS26'-0"LINE OF BUILDING ABOVETURN AROUND SPACE "NO PARKING"5'-0" MIN.TURN AROUND SPACE "NO PARKING"MIN. 5'-0"'-6"MIN. 5'-0"30'-0"TURN AROUND SPACE "NO PARKING"UP 12' 13' 12' 16 ' 22'4' 4' 32'15%7.5% TRANSITION7.5% TRANSITIONGATE5'-0" MIN. 5'-0" MIN.5'-0" MIN.VON KARMAN AVENUEBIRCH STREETINTERNAL STREETINTERNAL STREET302
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’A-1.2LEVEL 1 - GROUND FLOOR PLANCOLOR LEGENDPARKING STALL SIZESPROVIDED STALLHC VANHC9'-0"9'-0"'-0"9'-0"5'-0"1'-0"1'-0"WALL OR OBSTRUCTIONCITY OF NEWPORT BEAC MUNCIPAL CODE C 20.40 TABLE 3-13W ERE LENGT OF PARKING SPACE ABUST A WALL OR SIMILAR OBSTRUCTION T E RE UIRED WIDT S ALL BE 9'-0"TRASEXISTING OFFICE TOWER(3-STORY)EXISTING OFFICE TOWER(4-STORY)LEASING / MAILPOOL VAULTSPA VAULTDNOFFICE PARKINGOFFICE PARKING2450 SFLOBBYELECELECSUB ELECROOMSUB ELECTTLOW VOLTDOGWAS640 SFGARAGE AIR INLETGARAGE AIR INLETGARAGE AIR INLETMACINE ROOMSTORAGEOFFICE LOBBYLOW VOLTAGEA501A501B935B935TRASMASTER METER ROOMMAINT.LOW VOLTAGE26'-0"26'-0"26'-0"26'-0"2'-0"26'-0"LOADINGLOADINGTBIKE S OP / STORAGE0 SFSTRG.MASTER METER ROOMIG SPEED ROLL-UP GATE (OPEN DURING OFFICE OURS)AWNING ABOVEFLOOR ABOVE TYP.LINE OF BASEMENTLINE OF BASEMENTGARAGE AIR INLETGARAGE AIR INLETTICKETKIOSKS26'-0"A4009 SF560 SFLOBBYTRAS451 SFNO ACCESSTIS LEVELMAINTENANCE VE ICLE PARKINGIG SPEED ROLL-UP GATE(OPEN DURING OFFICE OURS)PUMP ROOMIG SPEED ROLL-UP GATERESIDENT ONLY MIN.5'-0"MIN.5'-0"MIN.5'-0"DOBULE OPENING ELEVATORDOUBLE OPENING ELEVATOR26'-0"26'-0"26'-0" 18' 30' 52'13'29' 29' 19' 17'FD STAGING AREA19'-0"TURN AROUND SPACE "NO PARKING"TURN AROUND SPACE "NO PARKING" 16'19'-11"STAIR 1STAIR 2STAIR 3STAIR 4STAIR 5VON KARMAN AVENUEBIRCH STREETINTERNAL STREETLOBBY / LEASING / AMENITYRESIDENTIAL VERTICAL CIRCULATIONCORRIDORUNITSRESIDENT/GUEST PARKINGOFFICE PARKING STALLOFFICEGARAGEENTRYRESIDENTONLY GARAGEENTRYRESIDENT/OFFICEGARAGE ENTRYINTERNAL STREET303
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’A-1.3LEVEL 2 - PODIUM FLOOR PLAN32.00'28.35'36.00'32.00'28.35'36.00'A400B935B935B425B425S400B425S400B400S400A731A731A400S400A200A200B101A200A200A111A731B935B101FITNESSCLUBROOMDBL VOLUME3,407 SFDBL VOLUME2,910 SF1-STORY OUTDOOR AMENITY970 SFBREEZEWAYBREEZEWAYEXISTING OFFICE TOWER(3-STORY)EXISTING OFFICE TOWER(4-STORY)POOLSPAA111A731BREEZEWAYB935S400S400B935SINGLE STORYVOLUMEELECELECIDFIDFIDFELECIDF'-2"'-1"A111 A111B400S400A400B400A111S400S400A4002- OUR FIRE WALL TYP.B935A501A501A731A501A501B705 B705B705A501B705 B705B101A111A111A111A111A501B500B500B500S5009'-2"63'- "132'-9"9'- "A200A200A200A2006'-1"B400S400S100S100A731A731B40029' 29' 19'31' 16' 1 7' 52'13'B935 18'STAIR 1STAIR 2STAIR 3STAIR 4STAIR 5COURTYARDCOURTYARDVON KARMAN AVENUEBIRCH STREETINTERNAL STREETINTERNAL STREETCOLOR LEGENDLOBBY / LEASING / AMENITYRESIDENTIAL VERTICAL CIRCULATIONCORRIDORUNITSRESIDENT/GUEST PARKINGOFFICE PARKING STALL304
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’LEVEL 3 - FLOOR PLANA-1.4B935A400B425A501A501A731B935B705 B705B425S400B705A501A501B500B500B425B500S400A400A731A731S400B400S400EA200EA200EB101EA200EA200A111A111A731B935B101OPEN TO BELOWOPEN TO BELOWEXISTING OFFICE TOWER(3-STORY)EXISTING OFFICE TOWER(4-STORY)A111A731A200A200B101A200A200B935A111S400S400B935A731S400A111ES400A111B705ELECELECIDFIDFIDFELECIDFB400B400A111A111A111S400A731A400A400B705S400B400A501A501B935S500B400A731A731A501S400S100S10029' 29' 19'31' 52' 16' 1 7'18'1 3'B935STAIR 1STAIR 2STAIR 3STAIR 4STAIR 5BIRCH STREETINTERNAL STREETVON KARMAN AVENUEINTERNAL STREETCOLOR LEGENDLOBBY / LEASING / AMENITYRESIDENTIAL VERTICAL CIRCULATIONCORRIDORUNITSRESIDENT/GUEST PARKINGOFFICE PARKING STALL305
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’A-1.5LEVEL 4 - FLOOR PLANB935B935A731A400B425A501A501B425B705B705S400B705A400 A400A501A501A731A731B935B935A731B500B500 B500B400B425S400A400A731A731S400B400S400EA200EA200A111A200EA200B101A111B101EXISTING OFFICE TOWER(3-STORY)EXISTING OFFICE TOWER(4-STORY)A111A731ELECELECIDFIDFS400IDFA200A200A200A200B101A111B935S400IDFB935B705A111ES400S400A111A111S400B400ELECB400A111A111A400A731S400A400B705ROOF BELOWA501B935A501B400S500B400S400S100S100B935A731A731A50129' 29' 19'31' 52'18'1 3' 16' 1 7'STAIR 1STAIR 2STAIR 3STAIR 4STAIR 5BIRCH STREETINTERNAL STREETVON KARMAN AVENUEINTERNAL STREETCOLOR LEGENDLOBBY / LEASING / AMENITYRESIDENTIAL VERTICAL CIRCULATIONCORRIDORUNITSRESIDENT/GUEST PARKINGOFFICE PARKING STALL306
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’LEVEL 5 - FLOOR PLANA-1.6A731S400ROOF DECK 25 0 S.F.B935B935A400A400S400 S400A731A111B400S400A400A200B425B705 B705A501A501A400A501A501B705B500B500A731A731A731B425B500A731B101B425A111B400B935B935EXISTING OFFICE TOWER(3-STORY)EXISTING OFFICE TOWER(4-STORY)B101A731A200A200B101A200A200A111S400EA200EA200B935A111S400A111B705ROOFELECELECIDFIDFIDFELECES400A200B400A111A111B400S400A111A111A731S400A400IDFB705S400B400S100S100B935S400A501A731A731B400S50029' 29' 19'31' 52'18'1 3' 16' 1 7'STAIR 1STAIR 2STAIR 3STAIR 4STAIR 5BIRCH STREETINTERNAL STREETVON KARMAN AVENUEINTERNAL STREETCOLOR LEGENDLOBBY / LEASING / AMENITYRESIDENTIAL VERTICAL CIRCULATIONCORRIDORUNITSRESIDENT/GUEST PARKINGOFFICE PARKING STALL307
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’CONCEPTUAL ROOF PLANA-1.7STAIR TO ROOFROOF LEGENDMECHANICAL EQUIPMENTUTILTIY SHAFT TO ROOFROOF DECK BELOWROOF BELOWSTAIR 3STAIR 1LINE OF CORRIDOR BELOW TYP.ELEVATOR S AFT BELOW TYP.GARAGE MEC . VENTILATIONTRAS ROOM BELOWTRAS ROOM BELOWLOW ROOF TYP.MEC ANICAL E UIPMENT TYP.RAISED ROOF AT CORNER UNITS TYP.RAISED ROOF AT CORNER UNITS TYP.TRAS ROOM BELOWSTAIR 2- ATC TO ROOFSTAIR 4STAIR 5VON KARMAN AVENUEBIRCH STREETINTERNAL STREETINTERNAL STREET308
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC20’0’ 40’ 80’SOUTH ELEVATIONA-2.060' MAX CBC TABLE 504.3SOUTH ELEVATION - APLT.O.S. (+/-) 56'-4"LEVEL 113'-0"LEVEL 210'-1"LEVEL 311'-1", TYP.ROOFT.O.S.10'-1"LEVEL 4T.O.S.10'-1"LEVEL 5T.O.S.T.O.S.LEVEL 1T.O.S.T.O. PARAPET11'-0"1) SOUTH OVERALL ELEVATIONSCALE: 1” = 30’-0”2) SOUTH ELEVATION - A3) VIEW FROM VON KARMAN AVE.R -1S -1SI -1SI -1G -1S -1W -1A-1S -1S -1ST-1S -1CS -1CS -1SF -1ST -1MATERIAL LEGEND: STUCCO - 20/30, VARIOUS COLORS STONE/TILE VENEER OR SIM. CEMENTITIOUS SIDING OR SIM. STOREFRONT VINYL WINDOW METAL AWNING METAL RAILING GLASS RAILING GARAGE SCREENED OPENING SIGN LOCATIONS-1:ST-1:CS-1:SF-1:W-1:A-1:R-1:R-2:G-1:SI-1:132KEY PLANAB309
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC20’0’ 40’ 80’SOUTH ELEVATIONA-2.160' MAX CBC TABLE 504.3SOUTH ELEVATION - B12'-1" @ CORNER UNITSPLT.O.S. (+/-) 56'-4"LEVEL 113'-0"LEVEL 210'-1"LEVEL 3ROOFT.O.S.10'-1"LEVEL 4T.O.S.10'-1"LEVEL 5T.O.S.T.O.S.LEVEL 1T.O.S.T.O. PARAPET10'-0"R -1W -1R -2A -1S -1S -1S -1CS -1S -1CS -1G-1ST -1S -12) SOUTH ELEVATION - B3) VIEW OF SOUTH EAST CORNERAB1) SOUTH OVERALL ELEVATIONSCALE: 1” = 30’-0”SI -1MATERIAL LEGEND: STUCCO - 20/30, VARIOUS COLORS STONE/TILE VENEER OR SIM. CEMENTITIOUS SIDING OR SIM. STOREFRONT VINYL WINDOW METAL AWNING METAL RAILING GLASS RAILING GARAGE SCREENED OPENING SIGN LOCATIONS-1:ST-1:CS-1:SF-1:W-1:A-1:R-1:R-2:G-1:SI-1:32KEY PLAN1AB310
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC20’0’ 40’ 80’EAST ELEVATIONSA-2.260' MAX CBC TABLE 504.3PLPLT.O.S. (+/-) 56'-4"LEVEL 113'-0"LEVEL 210'-1"LEVEL 311'-1", TYP.ROOFT.O.S.10'-1"LEVEL 4T.O.S.10'-1"LEVEL 5T.O.S.T.O.S.LEVEL 1T.O.S.T.O. PARAPET11'-0"1) EAST ELEVATIONR -1W -1CS -1A -1S -1S -1S -1ST -1G -1SF -1R -22) VIEW FROM BIRCH STREETA -1SI -1SI -1ST -1MATERIAL LEGEND: STUCCO - 20/30, VARIOUS COLORS STONE/TILE VENEER OR SIM. CEMENTITIOUS SIDING OR SIM. STOREFRONT VINYL WINDOW METAL AWNING METAL RAILING GLASS RAILING GARAGE SCREENED OPENING SIGN LOCATIONS-1:ST-1:CS-1:SF-1:W-1:A-1:R-1:R-2:G-1:SI-1:21KEY PLAN311
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC20’0’ 40’ 80’WEST ELEVATIONSA-2.360' MAX CBC TABLE 504.3PL12'-1" @ CORNER UNITST.O.S. (+/-) 56'-4"LEVEL 113'-0"LEVEL 210'-1"LEVEL 3ROOFT.O.S.10'-1"LEVEL 4T.O.S.10'-1"LEVEL 5T.O.S.T.O.S.LEVEL 1T.O.S.T.O. PARAPET10'-0"R -1SF -1S -1A -1S -1G -11) WEST ELEVATION2) VIEW FROM VON KARMAN AVE.ST -1A -1R-2W -1S -1SI -1SI -1MATERIAL LEGEND: STUCCO - 20/30, VARIOUS COLORS STONE/TILE VENEER OR SIM. CEMENTITIOUS SIDING OR SIM. STOREFRONT VINYL WINDOW METAL AWNING METAL RAILING GLASS RAILING GARAGE SCREENED OPENING SIGN LOCATIONS-1:ST-1:CS-1:SF-1:W-1:A-1:R-1:R-2:G-1:SI-1:12KEY PLAN312
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC20’0’ 40’ 80’NORTH ELEVATIONA-2.460' MAX CBC TABLE 504.3PLT.O.S. (+/-) 56'-4"LEVEL 113'-0"LEVEL 210'-1"LEVEL 311'-1", TYP.ROOFT.O.S.10'-1"LEVEL 4T.O.S.10'-1"LEVEL 5T.O.S.T.O.S.LEVEL 1T.O.S.T.O. PARAPET11'-0"2) NORTH ELEVATION - AR -2R -1W -1S -1S -1A -1SI -1ST -11) NORTH OVERALL ELEVATIONSCALE: 1” = 30’-0”VIEW FROM NORTH EAST CORNERMATERIAL LEGEND: STUCCO - 20/30, VARIOUS COLORS STONE/TILE VENEER OR SIM. CEMENTITIOUS SIDING OR SIM. STOREFRONT VINYL WINDOW METAL AWNING METAL RAILING GLASS RAILING GARAGE SCREENED OPENING SIGN LOCATIONS-1:ST-1:CS-1:SF-1:W-1:A-1:R-1:R-2:G-1:SI-1:KEY PLAN213313
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC20’0’ 40’ 80’NORTH ELEVATIONA-2.560' MAX CBC TABLE 504.3PL12'-1" @ CORNER UNITST.O.S. (+/-) 56'-4"LEVEL 113'-0"LEVEL 210'-1"LEVEL 3ROOFT.O.S.10'-1"LEVEL 4T.O.S.10'-1"LEVEL 5T.O.S.T.O.S.LEVEL 1T.O.S.T.O. PARAPET10'-0"2) NORTH ELEVATION - BR -2R -1G -1SF -1W -1A -1A -1S -1ST -1SI -1SF -11) NORTH OVERALL ELEVATIONSCALE: 1” = 30’-0”VIEW OF POOL COURTYARDMATERIAL LEGEND: STUCCO - 20/30, VARIOUS COLORS STONE/TILE VENEER OR SIM. CEMENTITIOUS SIDING OR SIM. STOREFRONT VINYL WINDOW METAL AWNING METAL RAILING GLASS RAILING GARAGE SCREENED OPENING SIGN LOCATIONS-1:ST-1:CS-1:SF-1:W-1:A-1:R-1:R-2:G-1:SI-1:KEY PLAN321314
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’BUILDING SECTIONSA-3.0PLPARK'GPARALLEL51. 'OVERALL EIG T5'-9"110.63'10 .13'PLPARK'GPARALLEL49. 0'113.13'OVERALL EIG T63'-4"PLPARK'GPARALLEL45.53'113.13'OVERALL EIG T6'-"1) SECTION A2) SECTION B3) SECTION CPARKINGCORRIDORCORRIDORCOR.CORRIDORCORRIDORCORRIDORCORRIDORCORRIDORCORRIDORPARKINGPARKINGPARKINGPARKINGPARKINGPARKINGPARKINGUNITUNITUNITUNITUNITUNITUNITAMENITYAMENITYUNIT UNIT UNIT UNIT UNIT UNITROOF DECK STAIR 4UNIT UNIT UNIT UNIT UNIT UNIT UNITUNIT UNIT UNIT UNIT UNIT UNIT UNITUNIT UNIT UNIT UNIT UNIT UNIT UNITLEVEL 2LEVEL 2LEVEL 2LEVEL 1LEVEL 1LEVEL 1BASEMENT 1BASEMENT 1BASEMENT 1BASEMENT 2BASEMENT 2BASEMENT 2LEVEL 3LEVEL 3LEVEL 3LLEVEL3LEVEL 4LEVEL3LEVEL 4LEVEL3LEVEL 4LEVEL 5LEVEL 5LEVEL 5ROOFROOFROOFT.O. PARAPETT.O. PARAPETT.O. PARAPETT.O.S. (+/-) 56’-4”OVERAL HEIGHT (+/-) 67’-4”10’-1”13’-0”10’-1”14’-7”10’-1”18’-11”10’-1”10’-1”10’-1”10’-1”10’-1”10’-1”11’-1”11’-1”12’-1”11’-0”11’-0”10’-0”TYP.TYP.RAISED ROOF AT CORNER UNITS10’-0”10’-0”10’-0”10’-0”10’-0”10’-0”KEY PLANABCA315
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC30’0’60’120’BUILDING SECTIONSA-3.151. 6'112.13'OVERALL EIG T60'-3"PL50.63'112.13'OVERALL EIG T61'-6"PLOVERALL EIG T0'-10"114.30'43.50'1) SECTION D2) SECTION E3) SECTION FPARKBREEZ.PARKINGPARKINGPARKINGPARKINGPARKINGDRIVE ENTRYUNITUNITUNITUNITUNITUNITUNITUNITCORR.CORR.CORR.CORR.STAIR 1UNITS UNITSCORRIDORCOR.CORRIDORCOR.CORRIDORCOR.CORRIDORCOR.UNITS UNITS UNITS UNITSUNITS UNITSROOFUNITS UNITS UNITS UNITS UNITS UNITSUNITS UNITS UNITSUNITS UNITS UNITS UNITS UNITS UNITSUNITS UNITS UNITSUNITS UNITS UNITS UNITS UNITSUNITSRAMPRAMPUNITS UNITSKEY PLANEFDBDLEVEL 2LEVEL 1BASEMENT 1BASEMENT 2LEVEL 3LEVEL3LEVEL 4LEVEL 5ROOFT.O. PARAPETT.O.S. (+/-) 56’-4”OVERAL HEIGHT (+/-) 67’-4”10’-1”13’-0” 10’-1” 10’-1”12’-1”11’-1” 11’-0”TYP.10’-0”10’-0”LEVEL 2LEVEL 2LEVEL 1LEVEL 1BASEMENT 1BASEMENT 1BASEMENT 2BASEMENT 2LEVEL 3LEVEL 3LLEVEL3LEVEL 4LEVEL3LEVEL 4LEVEL 5LEVEL 5ROOFROOFT.O. PARAPETT.O. PARAPET10’-1”16’-8”10’-1”13’-0”10’-1”10’-1”10’-1”10’-1”11’-1”11’-1”11’-0”11’-0”TYP.TYP.10’-0”10’-0”10’-0”10’-0”RAISED ROOF AT CORNER UNITS316
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLCMATERIALSA-4.0W-1VINYL WINDOWR-2GLASS RAILINGS-120/30 STUCCO, VARIOUS COLORSST-1STONE/TILE VENEER OR SIM.CS-1CEMENTITIOUS SIDING OR SIM.R-1PAINTED METAL RAILINGA-1METAL AWNINGSF-1STOREFRONTG-1GARAGE SCREEN PANELS317
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLCSOLAR SHADE STUDYA-5.0March / September 20 10AMMarch / September 20 12PMMarch / September 20 2PMMarch / September 20 4PMJune 21 10AMJune 21 12PMJune 21 2PMJune 21 4PMDecember 20 10AMDecember 20 12PMDecember 20 2PMDecember 20 4PM318
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC40’0’80’160’ALLOWABLE AREASA-5.12- R FIRE WALL TO UNDERSIDE OF ROOF S EAT ING TYP.ORIZONTAL EXITORIZONTAL EXIT FIRE AREA 1:LVL 2: 8,237 S.F.LVL 3: 8,237 S.F.LVL 4: 8,237 S.F.LVL 5: 8,237 S.F.TOTAL AREA: 32,948S.F. FIRE AREA 3:LVL 2: 7,116 S.F.LVL 3: 7,116 S.F.LVL 4: 7,116 S.F.LVL 5: 7,116 S.F.TOTAL AREA: 28,464 S.F. FIRE AREA 4:LVL 2: 15,549 S.F.LVL 3: 15,549 S.F.LVL 4: 15,549 S.F.LVL 5: 15,549 S.F.TOTAL AREA: 62,196 S.F. FIRE AREA 5:LVL 2: 14,605 S.F.LVL 3: 14,605 S.F.LVL 4: 14,605 S.F.LVL 5: 14,605 S.F.TOTAL AREA: 58,420 S.F. FIRE AREA 2:LVL 2: 17,263 S.F.LVL 3: 17,263 S.F.LVL 4: 17,263 S.F.LVL 5: 17,263 S.F.TOTAL AREA: 69,052 S.F.FIRE AREA 6: LVL 2: 17,237 S.F.LVL 3: 17,237 S.F.LVL 4: 17,237 S.F.LVL 5: 17,237 S.F.TOTAL AREA: 68,948 S.F.FIRE AREA 7: LVL1: 6,228 S.FLVL 2: 15,502 S.F.LVL 3: 15,502 S.F.LVL 4: 15,502 S.F.LVL 5: 8,773 S.F.TOTAL AREA: 61,507 S.F.4-STY TYPE-VSLAB ON GRADE4-STY TYPE-VSLAB ON GRADE4-STY TYPE-V O/1-STY TYPE-I PODIUM4-STY TYPE-V O/1-STY TYPE-I PODIUMALLOWABLE BUILDING AREA:EQUATION 5-2 PER CBC 506.2.3:AA = [AT + (NS X IF)] X SA, WHERE...AA = ALLOWABLE AREA (SQUARE FEET)AT = TABULAR ALLOWABLE AREA FACTOR PER TABLE 506.2NS = TABULAR AREA FACTOR PER TABLE 506.2 FOR NON SPRINKLERED BUILDINGIF = AREA FACTOR INCREASE DUE TO FRONTAGE PER 506.3SA = 2CODE ANALYSIS:CONSTRUCTION TYPE: TYPE-VA (APARTMENTS) O/ TYPE-I (PODIUM)OCCUPANCIES: R-2 (APARTMENTS) S-2 (GARAGE) B (LEASING, DOG WASH, BIKE SHOP) A-3 (AMENITIES)AA = [36,000 S.F. + (12,000 S.F. X 0)] X 2 = 72,000 SFTOTAL ALLOWABLE AREA PER BUILDING = 72,000 SF TYPICAL LEVEL PARTIAL FIRST LEVEL319
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC80’0’160’320’A-5.2OFFICE PARKING PHASING PLANDEMO SURFACE PARKING & CONSTRUCTION OF STRUCTURED PARKINGEXISTING STALL - 106 TOTAL PROVIDED - 284 (178 SURPLUS)DEMO OF SURFACE PARKING FOR NEW APARTMENT BUILDING W/ INCLUDED OFFICE PARKINGEXISTING STALL - 443 TOTAL PROVIDED - 276 (167 DEFICIENCY)PARKING SUMMARY DEMO NEW CONSTRUCTION TOTALPHASE 1 106 284 178 (SURPLUS) PHASE 2 443 276 167 (DEFICIENCY)PHASE 3 75 75 0 (SURPLUS) TOTAL 11 (SURPLUS) DEMO OF SURFACE PARKING FOR NEW PARKING LAYOUTEXISTING STALL - 75 TOTAL PROVIDED - 75 (0 SURPLUS)PHASE 1:PHASE 2:PHASE 3:320
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC60’0’120’240’A-5.3COMMON OPEN SPACE AND AMENITY PLAN20'R20'R20'R20'
41'32.00'28.35'36.00'32.00'28.35'36.00'32.00'28.35'
36.00'32.00'28.35'
36.00'23 SF640 SF0 SFT340 SF2910 SFT1093 SFT1 03 SFTT454 SFT25 0 SFAMENITIESREQIUREDTotal44SF/UNIT X 312UNITS 13,728SFTOTAL 13,728SFAMENITIESPROVIDEDBikeShop/Storage770SFClubroom3,407SFDogWash640SFFitness2,910SFOutdoorAmenity1,703SFPodiumCourtyards15,485SFRoofDeck2,580SFTOTAL 27,495SF GROUND LEVEL PODIUM LEVEL5TH LEVEL321
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC60’0’120’240’A-5.4PUBLIC OPEN SPACE4 929 SFPUBLIC OPEN SPACE SUMMARYAREA NAMEAREAPARK47929 SFPUBLICOPENSPACEPublicPark47,929SF1.1AC322
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLC60’0’120’240’A-5.5HEIGHT ANALYSISTTT49.49.50.350.350.51.2
51.551.551.450.550.649.351.51.550.50.650.50.50.550.651.1
49.950.44.44.34.24.4.34.4.34.446.645.543.45.44.46.54.14.34.4.449.349.49.49.049.349.1
49.49.249.449.649.646.246.45.45.545.646.44.4
44.49.649.249.51.251.251.52.549.49.649.149.49.4.49.350.52.052.051.49.350.650.349.5550.349.50.550.24.54.4.44.50.350.443.645.244.444.544.344.543.643.45.643.43.43.44.544.644.44.44.544.545.545.545.644.944.44.550.150.150.249.9ROOF DECK BELOWROOF BELOW113.1'43.7'(+/-) 69'-5"51.2'113.1'(+/-) 61'-11"50.5'107.1'(+/-) 56'-8"47.4'113.1'(+/-) 65'-8" ELEV A ELEV B ELEV C ELEV D50.5’E.F.G.47.4’E.F.G.43.7’E.F.G.51.2’E.F.G.107.1’ T.O.P. 113.1’ T.O.P. 113.1’ T.O.P. 113.1’ T.O.P. ACBD323
RESIDENCES AT 4400 VON KARMANNEWPORT BEACH, CALIFORNIATCA # 2019-032ENTITLEMENT SUBMITTALSITE DEVELOPMENT REVIEWOCTOBER 28, 2020TPG (KCN) ACQUISITION LLCA-5.6VEHICULAR CIRCULATION123456EXISTING TICKET KIOSK WITH MAN BOOTH TO REMAINLEGENDRELOCATED TICKET KIOSK WITH MAN BOOTHEXISTING TICKET KIOSK WITH MAN BOOTH TO BE RELOCATEDNEW GARAGE TICKET KIOSKVEHICLE TRAFFIC OUTSIDE OF GATING SYSTEMVEHICLE TRAFFIC INSIDE OF GATING SYSTEMVEHICLE TRAFFIC WITHIN NEW STRUCTURESNEW FIRE ACCESS ONLY LANE324
COMPOSITE LANDSCAPE PLAN60’30’15’0’EXISTINGOFFICEEXISTINGOFFICEVON KARMAN AVE.BIRCH STREETEXISTINGOFFICErelocatedgateparking lot(75 spaces)relocatedgateLEVEL 2 PODIUM GARDEN TERRACE • see sheet L.5LEVEL 5 ROOF TERRACE • see sheet L.6GROUND LEVEL LANDSCAPE • see sheet L.2PUBLIC PARK (1 ACRE)• see sheet L.5LEVEL 2 PODIUM POOL COURTYARD • see sheet L.5RESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.1325
GROUND LEVEL LANDSCAPE PLAN60’30’15’0’EXISTINGOFFICEVON KARMAN AVE. STREETSCAPE• existing sidewalk and landscape to remain• landscaped setbackexisting trees to remain, typ.MULTI-PURPOSE LAWN• seating• umbrellas• perimeter fencingENTRY COURT• water feature• planted pottery in cobbleENTRY DRIVE STREETSCAPE• 5’ walkway• trees in raised planters• seating nodesBIRCH STREET FRONTAGE• (4) Lagerstroemia indica ‘Indian Varieties’ shall be planted along Birch Street frontage in place of (2) existing Red Ironbark Eucalyptus to be removed. Final quanitity and location of trees to be determined by Municipal Operations Department at plan check.• existing sidewalk and trees to remainparking lot(75 spaces)PUBLIC PARK(1 ACRE)• see sheet L.5FIRE ACCESS ROAD• synthetic turf block surfacing capable of supporting 72,000 lbs.• walkway to park capable of supporting 72,000 lbs.EXISTINGOFFICEVON KARMAN AVE.BIRCH STREETrelocatedgateloadingLEASING/MAILrelocatedgateOFFICE PARKINGOFFICE PARKINGEXISTINGOFFICEOFFICELOBBYLOBBYLOBBYDOG WASHBIKE SHOPLOBBYTTTRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.2326
GROUND LEVEL CIRCULATION DIAGRAM60’30’15’0’LEGEND PEDESTRIAN PATH of TRAVEL.4 Miles to Uptown Newport via Jamboree Road.4 Miles to Uptown Newport via Jamboree Road0.45 MI. PEDESTRIAN LOOP TRAILEXISTING PEDESTRIAN CONNECTIONSCONNECTIONS to EXISTING USESLOBBY ACCESSSECONDARY BUILDING EGRESSEXISTINGOFFICEVON KARMAN AVE.BIRCH STREETrelocatedgaterelocatedgateEXISTINGOFFICEparking lotloadingRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.3327
PEDESTRIAN CONNECTIVITY TO UPTOWN NEWPORT PLANNED COMMUNITYPEDESTRIAN CONNECTIVITY to UPTOWN NEWPORT: PEDESTRIAN ACCESS CONNECTIONS TO UPTOWN NEWPORT PROJECT IS CONSISTANT WITH THE GENERAL PLAN LAND USE POLICIES AND INTEGRATED WITH THE CONCEPTUAL DEVELOPMENT PLAN.LEGEND RESIDENCES AT 4440 VON KARMAN AVEEXISTING OFFICE BUILDINGPARKUPTOWN NEWPORT BUILDINGSPROPOSED PEDESTRIAN CONNECTIONFUTURE PEDESTRIAN CONNECTION*VON KARMAN AVE.MACARTHUR BLVDBIRCH ST.JAMBOREE RD.EXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTUPTOWN NEWPORTFUTURE DEVELOPMENTUPTOWN NEWPORTFUTURE DEVELOPMENTUPTOWN NEWPORTFUTURE DEVELOPMENTEXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTEXISTING BLDGNOT-A-PARTEXISTING PARKING LOTNOT-A-PARTPLANNEDPARKING STRUCTUREEXISTING BLDGNOT-A-PARTEXISTING BLDG4440 VON KARMANRESIDENCES AT 4400 VON KARMANUPTOWN NEWPORT***PROPOSED PEDESTRIAN CONNECTION ENLARGEMENTPROPOSED PEDESTRIAN CONNECTION ENLARGEMENTPROPOSED PEDESTRIAN CONNECTION ENLARGEMENTPLANNED PARKING STRUCTUREFIRE LANE112323SCALE = 1”=20’SCALE = 1”=20’SCALE = 1”=20’UPTOWN NEWPORTFUTURE DEVELOPMENTEMENTSCALE = 1”=20’CROSSWALK• (4) bike parking spots• upgraded paving• seat wall• low maintenance planting• accent treesUPTOWN NEWPORTFUTURE DEVELOPMENTCROSSWALK• upgraded paving• low maintenance planting• accent treesUPTOWN NEWPORTFUTURE DEVELOPMENTCROSSWALK• upgraded paving• (6) bike parking spots• seat wall• low maintenance plantingCROSSWALK•(4)bikeparkingEXISTING TREESEXISTING TREECONNECTION TO UPTOWN NEWPORTRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.4328
PUBLIC PARK ENLARGEMENT20’10’5’0’OFFICE LOBBYlimit of park - 1 acre totallimit of park - 1 acre totallimit of park - 1 acre totalPEDESTRIAN CONNECTION to EXISTING BUILDINGEXISTINGOFFICEEXISTINGOFFICEOOOFOFOFIFICCCCLOLOBBBBSHADE PAVILION• overhead shade structure with lighting• lounge groups with seating• outdoor tables for groups• specimen treeVILIONSHADE PAV•overhead shad••••lounge groups•••outdoor tables•••speppcimen treeBOCCE COURTSCREEN PLANTING in RAISED PLANTER ADJACENT PARKING STRUCTUREOFFICE PARKINGOFFICE PARKING1acre totalCOMMUNITY SOCIAL • trees in raised planters• ping pong table• cornhole• multi-purpose lawn• FRPPXQDOäUHSLWPEDESTRIAN TRAIL• landscaped pathways• seating nodes• connections to adjacent buildingsttotalalTHE HANGOUT• built-in-seat wall• specimen treeGAME LAWN• corn-hole• ping pong• moveable seating• äUHSLW• seat wall w/ tables• umbrellasMULTI-PURPOSE LAWN• seating• umbrellas• low fencing at perimeter of turfOUTDOOR PLAZA• bike racks• multi-purpose lawn• accent treesRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.5329
LEVEL 2 PODIUM ENLARGEMENT40’20’10’0’EXISTINGOFFICEEXISTINGOFFICEFITNESSCLUBROOMGARDEN TERRACE• enlarged private patios• lush planting• private dining space with barbecue• äUHSLWORXQJHZLWKIHVWLYDOOLJKWLQJFFIFIFIFIFITNTNTNTNTNESEESESESGAME BAZAAR• game tables• pendant lights• hanging chairs• tv lounge• potteryFIRESIDE TERRACE• äUHSLW• lounge furniture• potterySPLASH• pool (60’x20’)• spa (10’x9’)• cabanas• chaise lounges• daybeds• äUHSLWSOCIAL• sit-up bar with overhead and TVs• äUHSLW• barbecuesPUBLIC PARK (BELOW)RESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.6330
LEVEL 5 ROOF TERRACE ENLARGEMENT8’4’2’0’GAME LAWN• VRFLDOäUHSLW• synthetic turf • games FIRESIDE CHAT• äUHSLW• pottery • lounge seating DINING TERRACE• group dining tables• shade umbrellas SIT-UP BAR• overhead shade structure with pendant lights• outdoor kitchen• TV’sSCREEN PLANTING in POTTERYRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.7331
LIFESTYLE IMAGERYRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.8332
TREESBOTANICAL / COMMON NAME SIZE WUCOLS QTYAGONIS FLEXUOSAPEPPERMINT TREE36"BOX LOW1ARBUTUS X `MARINA`ARBUTUS MULTI-TRUNK36"BOX LOW11CINNAMOMUM CAMPHORACAMPHOR TREE36"BOX MEDIUM10LAGERSTROEMIA INDICACRAPE MYRTLE36"BOX MEDIUM4LYONOTHAMNUS FLORIBUNDUS ASPLENIFOLIUSFERNLEAF CATALINA IRONWOOD24"BOX LOW10MELALEUCA QUINQUENERVIACAJEPUT TREE MULTI-TRUNK24"BOX MEDIUM9METROSIDEROS EXCELSANEW ZEALAND CHRISTMAS TREE24"BOX MEDIUM16OLEA EUROPAEA `SWAN HILL` TMSWAN HILL OLIVE36"BOX MEDIUM14PINUS TORREYANATORREY PINE24"BOX LOW12PLATANUS MEXICANAMEXICAN SYCAMORE24"BOX LOW7QUERCUS AGRIFOLIACOAST LIVE OAK60"BOX VERY LOW 3QUERCUS VIRGINIANASOUTHERN LIVE OAK36"BOX MEDIUM3RHUS LANCEAAFRICAN SUMAC24"BOX LOW4TRISTANIA CONFERTABRISBANE BOX36"BOXMEDIUM28ACCENT TREES BOTANICAL / COMMON NAMESIZE WUCOLSQTYALOE BAINESIIALOE36"BOX LOW15CERCIDIUM X `DESERT MUSEUM`THORNLESS PALO VERDE24"BOX LOW1CERCIS CANADENSIS `FOREST PANSY`FOREST PANSY REDBUD36"BOXMEDIUM6DRACAENA DRACODRAGON TREE36"BOX LOW11LAURUS X `SARATOGA`SARATOGA HYBRID LAUREL24"BOXMEDIUM2PODOCARPUS ELONGATUS `MONMAL` TMICEE BLUE YELLOW WOOD24"BOXMEDIUM52EXISTING TREES BOTANICAL / COMMON NAMESIZE WUCOLSQTYEXISTING STREET TREEEXISTINGN/A 12GROUND LEVEL PLANT SCHEDULETREESBOTANICAL / COMMON NAME SIZE WUCOLS QTYACACIA BAILEYANA `PURPUREA`PURPLE-LEAF BAILEY ACACIA24"BOX LOW 1ARBUTUS X `MARINA`ARBUTUS MULTI-TRUNK36"BOX LOW 9ARCHONTOPHOENIX CUNNINGHAMIANAMULTI-TRUNK KING PALM36"BOXMEDIUM10MAGNOLIA G. `LITTLE GEM`LITTLE GEM MAGNOLIA24"BOXMEDIUM 5OLEA EUROPAEA `SWAN HILL` TMSWAN HILL OLIVE36"BOXMEDIUM4PODIUM PLANT SCHEDULEACCENT TREES BOTANICAL / COMMON NAMESIZE WUCOLS QTYALOE BAINESIIALOE36"BOX LOW6DRACAENA DRACODRAGON TREE36"BOX LOW18LAURUS X `SARATOGA`SARATOGA HYBRID LAUREL24"BOX MEDIUM 4PODOCARPUS ELONGATUS `MONMAL` TMICEE BLUE YELLOW WOOD24"BOX MEDIUM 25TREE PLAN60’30’15’0’RESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.9333
PLANT IMAGERYRESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020CINNAMOMUM CAMPHORACAMPHOR TREEPINUS TORREYANATORREY PINEJACARANDA ACUTIFOLIAJACARANDAPLATANUS MEXICANAMEXICAN SYCAMOREMAGNOLIA G. ‘LITTLE GEM’MAGNOLIAQUERCUS VIRGINIANASOUTHERN LIVE OAKMELALEUCA QUINQUENERVIACAJEPUT TREETRISTANIA CONFERTA BRISBANE BOXOLEA ‘SWAN HILL’FRUITLESS OLIVEMETROSIDEROS EXCELSANEW ZEALAND CHRISTMASACACIA PURPUREAPURPLE ACACIAARBUTUS X MARINASTRAWBERRY TREEARCHOTOPHOENIX CUNNINGHAMIANAPINUS ELDARICAAFGHAN PINETREESTREESAEONIUM X ‘MINT’GREEN AEONIUMFESTUCA OVINA GLAUCABLUE FESCUEDIANELLA REVOLUTAFLAX LILYROSMARINUS PROSTRATUSDWARF ROSEMARYDASYLIRION WHEELERIDESERT SPOONSALVIA CLEVELANDIIBLUE SAGEDRACAENA DRACODRAGON TREETEUCRIUM CHAMAEDRYSGERMANDERCHONDROPETALUM ELEPHANTINUMLARGE CAPE RUSHPITTOSPORUM T. ‘GOLF BALL’‘GOLF BALL’ KOHUHUCRASSULA A. ‘BLUE WAVES’JADE PLANTPRUNUS ILICIFOLIA SPP. LYONIICATALINA CHERRYAGAVE AMERICANACENTURY PLANTFURCRACEA FOETIDA ‘MEDIOPICTA’MAURITUS HEMPSHRUBSSHRUBSL.10334
WATER CONSERVATION FEATURESTHE FOLLOWING MEASURES WILL BE INCORPORATED INTO THE PROJECT TOCONSERVE WATER:1. Installation of automatic 'smart' irrigation controller with rain-sensor.2. The use of low precipitation/low angle irrigation spray heads.3. The use of low water consuming plants.4. Soil amendment to achieve good soil moisture retention.5. Mulching to reduce evapotransporation from the root zone.6. Installation of automatic irrigation system to provide deep-root watering to trees isrequired.IRRIGATION HYDROZONES:HYDRO-ZONE 1 - Enhanced Plant Palette - Entry Drive, Podium& Rooftop - Sub Surface Irrigation - 7,980 s.f.HYDRO-ZONE 2 - Transition Planting Areas - Building Perimeter -Sub Surface Irrigation - 34,990 s.f.HYDRO-ZONE 3 - Water Conserving Plant Palette - ParkingLot - Sub Surface Irrigation - 7,070 s.f.TOTAL LANDSCAPE AREA: 51,440 s.f.HYDRO-ZONE 4 - Water Features - Pool/Spa - 1,400 s.f.WATER CONSERVATION STATEMENTPURPOSE: To provide the maintenance staff a mechanical device to distribute water andensure plant survival in the most efficient manner and within a time frame that least interfereswith the activities of the community.The Irrigation system for each hydrozone will be automatic and incorporate low volume dripemitters, bubblers and high efficiency low angle spray heads at turf only. Drip irrigation systemsmay be employed where considered to be effective and feasible. Irrigation valves shall beseparated to allow for the systems operation in response to orientation and exposure.Planting will be designed to enhance the visual character of the site and the architecturalelements. Plants shall be grouped with similar water, climatic and soil requirements to conservewater and create a drought responsive landscape.Each hydrozone consists of moderate to low water consuming plants. In areas of moderatewater consuming plants they shall be properly amended to retain moisture for healthy growthand to conserve water.Plant Material within each hydrozone shall be specified in consideration of north, south, east andwest exposures.Soil shall be prepared and emended to provide for maximum moisture retention andpercolation. Planted beds shall be mulched to retain soil moisture and reduceevapotransporation.To avoid wasted water, the controls will be overseen by a flow monitor that will detect anybroken sprinkler heads to stop that station's operation, advancing to the next workable station.In the event of pressure supply line breakage, it will completely stop the operation of thesystem. All material will be nonferrous, with the exception of the brass piping into and out ofthe backflow units. All work will be in the best acceptable manner in accordance with applicablecodes and standards prevailing in the industry.WUCOLS, Water Use Classification of Landscape Species, is a University ofCalifornia Cooperative Extension Publication and is a guide to the waterneeds of landscape plants.CROP FACTORPERCENT OF EToH - HIGH 70% - 90%M - MEDIUM 40% - 60%L - LOW 10% - 30%VL - VERY LOW < 10%WATER USE CLASSIFICATION of LANDSCAPE SPECIES(WUCOLS):WATER FEATURE AT GROUND LEVELIRRIGATION HYDROZONE PLAN60’30’15’0’RESIDENCES AT 4440 VON KARMANNEWPORT BEACH, CALIFORNIATPG (KCN) ACQUISITION, LLCENTITLEMENT SUBMITTAL10/28/2020L.11335
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INTENTIONALLY BLANK PAGE352
Attachment No. PC 5
Construction Management Plan
353
INTENTIONALLY BLANK PAGE354
CONSTRUCTION MANAGEMENT
& CONTROL PLAN
for
Residences at 4400 Von Karman
4400 Von Karman
Newport Beach, CA 92660
Site &
BUILDING IMPROVEMENTS
355
Table of Contents
1.0 PROJECT INTRODUCTION
1.1 Project Location
1.2 Construction Project Description
1.3 Scope of Work
1.4 Sequence of Developer Work
1.5 Sequence of Lot 3 – 4 Developer Work
2.0 PROJECT IMPLEMENTATION
2.1 Dates of Construction
2.2 Hours of Construction
2.3 Construction Personnel Trip Generation and Parking
2.4 Sequence of Site Improvement Construction
2.5 Construction Schedule
2.6 Construction Equipment
3.0 PARKING MANAGEMENT
3.1 Construction Parking Details
3.2 Staging Areas
3.3 Construction Trailer, Materials Storage, and Waste Management
4.0 TRAFFIC CONTROL
4.1 Haul Routes
4.2 Delivery Requirements
4.3 Traffic Control Plan
5.0 SAFETY AND SECURITY
5.1 Pedestrian Protection
5.2 Project Fencing
5.3 Safety and Security
6.0 AIR QUALITY CONTROL, FUGITIVE DUST CONTROL, NOISE SUPPRESSION, AND VIBRATION MONITORING
6.1 Emissions/Air Quality Control
6.2 Fugitive Dust Control
6.3 Noise Control
6.4 Noise Control Consideration
6.5 Vibration Monitoring
7.0 ENVIRONMENTAL COMPLIANCE/ PROTECTION
7.1 Erosion, Sediment Control and Beach Protection
7.2 Water Quality Control
356
1.0 PROJECT INTRODUCTION
Developer: TPG (KCN) Acquisition LLC
5000 Birch Street Suite 600
Newport Beach, CA 92660
Attn: Patrick Coyle
Facsimile: 949-487-6263
Phone: 949-267-1553
General Contractor: Picerne Construction Company LLC Inc.
1.1 Project Location
The subject property (the "Site") consists of Parcel 445-131-29 and 445-131-30 project location is shown
below in Figure 1.
1.2 Construction Project Description
The Residences at 4400 Von Karman and site improvements (the "Project") consists of (a) 312 Unit for
lease apartments. (b) grading/excavation/shoring and interior roadway with site utilities. (c) The
construction of a 285 stall stand-alone parking garage. Building improvements structure shall include the
construction of a single type VA wood framed podium building over a type I concrete subterranean/at
grade parking garage and podium structure. (d) Final connections from building structures to newly
constructed water, sewer, storm drain and dry utility services by developer.
1.3 Scope of Work
This Construction Management Plan (“CMP”) is designed to minimize the Project's construction related
environmental effects and to foster public safety during Project construction. The General Contractor, and
all sub-contractors must adhere to all provisions as stated in this Construction Management Plan. As
building construction is in process, this CMP commences at the time of mobilization onsite by the General
Contractor.
1.4 Sequence of Developer Work
Phase I Stand Alone Garage
The following is the sequence of Developer controlled construction for the Phase I development shown
below in Figure 1:
Phase II Site Improvements
Work 1 – Site Improvement Construction including excavation, shoring, retaining walls, wet utilities, dry
utilities, and complete streets, curb and gutters. Construction of the building structure may or may not be
concurrent.
Phase III Residential Building
The northern entrance from Birch St. and Southern entrance from Von Karman will be utilized during
construction and will the new non construction access to the project. It is proposed during the builder’s
vertical construction that a construction fence and a gates be installed along the perimeter limits of the
project improvements (FIG. 1)
357
Figure 1 Fencing Requirements:
358
Figure 2 Site Location and Boundaries:
Figure 3 Master Development Plan:
359
Figure 4 Building Site Plan:
2.0 PROJECT IMPLEMENTATION
2.1 Dates of Construction
The building construction of the proposed Project covered in this CMP is expected to occur over approximately 30-34
months. The stand-alone parking garage will commence approximately 6-8 months prior to the start of demolition
and site development improvement work of the residential project. Site improvement and Building Construction will
commence upon completion of the stand-alone parking garage and will have duration of approximately 26 months.
2.2 Hours of Construction
Site improvement construction activities will be restricted to (Monday through Friday, Saturdays and non-holiday
weekdays from 7:00 a.m. to 6:30 p.m., per City of Newport Beach Municipal Code Section 10.28.040.
2.3 Construction Personnel Trip Generation and Parking
The total number of construction personnel at the Site will vary depending on the construction activity. It is
anticipated that there will be a maximum of 175 workers daily at the job site. Construction worker parking will be
accommodated onsite and workers will be prohibited from parking on the City streets. Actual parking areas will vary
by construction activity underway. During the type I concrete construction, workforce could be up to 50-60 workmen
which will park within the area of the parking structure improvements. Peak workmen onsite will occur when the
framing is 75% complete and drywall has started. At this time the majority of construction parking will be
accommodated with the interior on street parking. Building department will allow parking in the garages when
required. If offsite parking is required, it will be up to the General Contractor to procure and provide such facilities to
facilitate their working staff.
General Contractor will encourage the work force to commute as much as allowed to continue to provide sufficient
area to accommodate the parking during the building construction.
360
2.4 Sequence of Construction
Stand-alone Parking Garage 285 Stalls ( 19wks )
• Demo of parking area
• Remove and replace existing storm drain and related improvements
• Grading parking pad
• Construct 285 Stall parking garage
• Construct site improvement to support parking structure
Residential Parking and Podium Structure ( 21 wks )
• Export and Shoring. - Soil export of garage will be approximately 103,000 Cy. It is anticipated that as much as
2,240 CY per day or 115 loads. Shoring construction along three sides will be concurrent with the export
activities.
Concrete Podium Construction ( 54 weeks )
• This operation includes foundation excavations, forming, foundation steel, concrete, shot-crete, post
tensioned concrete and structure backfill.
Vertical Wood Framing ( 27 Wks )
• Wood framing, Mechanical, Electrical, Plumbing, Fire sprinklers
Exterior and interior finishes ( 48 wks )
• This operation includes exterior facades, roofing, drywall, interior finishes, landscaping and Park
Total Length of Construction Time: Approx. 140 weeks or 32.3 months
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2.5 Construction Schedule
A complete and final building schedule will be generated by the General Contractor. Below is a typical one
building structure schedule.
362
2.6 Construction Equipment
Construction equipment for the Project can include the following:
Compressors
Concrete Mixer and pumper
Conveyor (electrical)
Dozer
Drill Rig
Dump Trucks
Excavator
Flat bed delivery trucks
Loader
Ram Hoe
Backhoe
Hand Tools
Pneumatic Nailers
Drills
Crane
Man-lift
All Terrain Fork Lift
Pick Up Truck
363
3.0 PARKING MANAGEMENT
3.1 Construction Parking Details
3.1.1 On-Site Parking for contractor employees and construction crew members
During the duration of construction for the site improvements described in this CMP, construction worker
parking will be accommodated on-site and prohibited from parking on City streets. The actual parking area
will vary during the sequence of site improvement construction (Figure 6). For this operation the maximum
number of construction personnel on-site at one time is anticipated to be a maximum of 175 persons.
There is sufficient parking to accommodate the workforce during the construction of these buildings. If for
any reason additional parking is required, the general contractor will procure offsite private parking as
required. Carpooling shall also be encouraged among all construction professionals. See Fig. 6 for parking
layout. No construction worker parking will be allowed on the TowerJazz lot and access via Birch Street is
prohibited.
3.1.2 Short Term Parking
Short-term visitors to the Site such as City inspectors, City staff, engineers, consultants, and owner’s
representatives will be accommodated on-site at the construction trailer location.
Figure 6 Parking During Construction:
364
3.2 Staging Areas
During the duration of construction for the parcels 3 and 4 building improvements described in this CMP, all equipment and
materials staging will be accommodated on-site. During the initial stages of concrete construction, framing and drywall,
materials will be located approx. in areas #1 & #2. Staging of materials in private streets shall not interfere with emergency
access for first responders. After framing and drywall, most materials will be placed as delivered into units and corresponding
locations as required and in area #3 inside the structures.
Figure 7 Staging Area During Construction:
3.3 Construction Trailer, Materials Storage, and Waste Management
A temporary field office will be set up on the Site within the property and will be equipped with power, phone, computers,
and fax. Temporary toilet facilities will be provided on the Site. (Ref. fig 7)
365
4.0 TRAFFIC CONTROL
4.1 Haul Routes
Haul operations shall be monitored by the General Contractor. The following conditions shall apply with respect to haul
routes and hauling activities when applicable (see fig. 8 for haul map):
• The haul route to and from the project site for all operations will be from the Interstate Highway 405 south bound on
Jamboree Road to the Site. Trucks entering the Site will enter at the signalized intersection at Birch St. Trucks exiting
the Site will exit Birch St. making a right hand turn to Jamboree St. Materials being delivered to or removed from the Site
during the construction period will be scheduled at traffic times so as to minimize the inconvenience experienced by the
public when at all possible. The contractor will be required to obtain a Haul Route Permit from the City of Newport
Beach. City of Irvine public works does not require a permit before commencing any construction deliveries.
• For the export portion of the project, General Contractor will hire a hauling contractor. The hauling contractor will prepare
a truck haul route plan, which would include the approximate number of truck trips, the hours during which transport
activities are expected to occur and measures to keep all haul routes clean and free of debris/gravel/dirt attributable to
the hauling operation of the project site including required sweeping. It is anticipated that export hauling will commence
with the beginning of the residential project and consist of approx. 103,000 cubic yards of export.
• During the excavation and hauling phase, the staging of construction vehicles will be accommodated on-site at all times.
No staging of haul vehicles will be done in public right of way and it will be ensured that they will not arrive prior to 7:00
a.m.
• The City of Newport Beach Public Works Department will be notified prior to beginning any haul period of more than ten
trucks per day. If hauling is suspended, the City will be notified when hauling will resume.
• All trucks and construction personnel traffic will enter and exit the site using the existing driveways. All truck traffic will
be coordinated at times which will cause the least inconvenience to the public.
• All trucks and construction-related vehicles exiting the project site will be directed to yield at all times to public traffic.
• If deemed necessary by the City of Newport beach Flaggers will be used to guide and control traffic , to minimize
inconvenience to the public and enhance vehicle and pedestrian safety.
• The General Contractor will maintain the temporary green screen chain link fence along the project site perimeter during
excavation as a pedestrian safety precaution.
• The General contractor will have a designated employee controlling the logistics of all deliveries. The designated
employee shall be responsible for controlling vehicular traffic entering and exiting the Site during all portions of the site
improvement construction. The City will be provided the name and contact information of designated traffic controller.
• All trucks leaving the Site during excavation operations will be watered down before entering the City streets and shall be
covered or have water applied to the exposed surface to prevent dust from impacting the surrounding areas. A
minimum of 6” freeboard will be maintained between the top rail of the trailer and the surface of the material loaded. If
there is any accumulation of construction mud at the entrances to the project site or nearby streets, such areas shall be
cleaned (swept). The contractor will comply with the Best Management Practices (BMPs) as stipulated in the approved
SWPPP and Water Quality Management Plans. The street shall be swept daily.
366
Fig. 8 Haul Route Map:
4.2 Delivery Requirements
• All deliveries will use the Haul Route (Fig. 8)
• All delivery of material and storage of material will occur on-site.
4.3 Traffic Control Plan
• A traffic control plan will be prepared, signed and stamped by a California Registered Traffic Engineer for any temporary
street, sidewalk, parking or lane closures. A Temporary Street and Sidewalk Closure Permit will be obtained from the
City of Newport Beach Public Works Department, Traffic Engineering Division for the above mentioned closures. No full
street closures will be required.
• General Contractor will monitor to ensure safe and efficient traffic flow and if necessary meet with the City Traffic
Engineer / Community Development Director to propose any necessary modifications. The City Traffic Engineer /
Community Development Director shall monitor the ongoing construction operation and, if necessary, is authorized to
modify the construction traffic management and control plan to ensure safe and efficient traffic flow. City of Irvine will
be apprised of the Construction Traffic Management & Construction Development prior to start of construction.
• Traffic control will be coordinated with the Police Department and Public Works Department, Traffic and Development
Services Division, so that street traffic is not obstructed.
367
5.0 SAFETY AND SECURITY
5.1 Pedestrian Protection
Currently, there is a pedestrian sidewalk adjacent to the Site, along the west side facing Birch St and the East side facing Von
Karman. Secure fencing will be installed to foster pedestrian safety. At various times prior to the construction buildings, a
temporary street and or sidewalk closure permit may be required so that the walk may be closed for pedestrian use due to the
installation of landscaping, permanent public sidewalks and other misc. activities.
5.2 Project Fencing
The entire perimeter of the Site has been fenced with a 6 foot high fence. Two gates, one at Fairchild Drive, the south
entrance to the Site, and one at the current north entrance to the Site will provide access into the Site and will be locked for
security at the end of each day.
5.3 Safety and Security
Appropriate signage will be posted at the Site indicating "No Trespassing," "Hard Hat Required," "Authorized Personnel Only,"
and other visitor and delivery information. Daily safety inspections will be done by the onsite superintendent.
6.0 AIR QUALITY CONTROL, FUGITIVE DUST CONTROL, NOISE SUPPRESSION, AND VIBRATION MONITORING
6.1 Emissions/Air Quality Control
Construction activities will follow the 2007 Air Quality Management Plan (AQMP} adopted by the South Coast Air Quality
Management District and all Mitigation Measure and Conditions of Approval to reduce air pollution and emissions impact.
6.2 Fugitive Dust Control
The project shall comply with the Fugitive Dust Emission and Control Plan approved by the South Coast Air Quality
Management District (under District Rule 403} and all Mitigation Measure and Conditions of Approval. Dust will be
minimized using water as control. During grading activities, any exposed soil areas shall be watered as needed daily.
Stockpiles of crushed cement, dirt or other materials shall be covered or watered as needed daily. In addition, trucks carrying
soil and debris shall be wetted or covered prior to leaving the Site. On windy days, or when fugitive dust can be observed
leaving the Site, additional applications of water shall be applied to maintain minimum moisture content as defined by
SCAQMD Rule 403. Soil disturbance shall be terminated whenever wind conditions exceed 25 miles per hour.
6.3 Noise Control
Construction activities will adhere to the hours prescribed by the City of Newport Beach's Noise Ordinance (Municipal Code
Section 10.28.040}. Specifically, construction activities will be restricted to (Monday through Friday), Saturday and non-holiday
weekdays from 7:00 a.m. to 6:30 p.m., per Section 10.28.040.
The General contractor shall provide business tenants and owners within 100 feet of the Site with a construction schedule
for the project prior to the commencement of construction and shall keep them informed of any material changes to the
schedule. The notification shall also identify the name and phone number of a contact person with whom to register
complaints.
6.4 Noise Control Consideration
Noise from construction activities on this project will be a function of the noise generated by individual construction
equipment items (as listed in Section 2.7 Construction Equipment), the equipment location (much of this construction noise
368
will be insulated by distance from buildings and the depth of the excavation), and the timing and duration of noise-generated
activities. It is important to note that all equipment is not generally operated continuously or used simultaneously. The
number, type, distribution, and usage of construction equipment will differ from phase to phase. The noise generated is both
temporary in nature and limited in hours by the City's Noise Ordinance (Section 10.28.040).
7.0 ENVIRONMENTAL COMPLIANCE/ PROTECTION
7.1 Erosion, Sediment Control and Beach Protection
Per the State's NPDES permit, the project has prepared a Storm Water Pollution Prevention Plan (SWPPP) with erosion
control measures to ensure soils resulting from grading and earthwork activities are prevented from leaving the Site
In addition, an erosion control plan will be provided with the project's rough grading plan per the project's conditions of
approval. Please refer to Storm Water Pollution Prevention Plan prepared by Hall & Foreman for more detailed information.
7.2 Water Quality Control
The Project has prepared a Water Quality Management Plan which incorporates a variety of BMPs that will be used onsite to
control predictable pollutant runoff. Please refer to conceptual Water Quality Management Plan (WQMP).
369
P O B o x 1 0 2 | B a l b o a I s l a n d , C A 9 2 6 6 2 | 9 4 9 . 8 6 4 . 6 6 1 6
A 501(c)(3) non-profit public education organization working to protect and preserve the residential and
environmental qualities of Newport Beach.
SPONNB.org | Info@SPON-NewportBeach.org
Social Media @SPONNB & @SPONNewport
OFFICERS
PRESIDENT
Bruce Bartram
VICE PRESIDENT
Andrea Lingle
TREASURER
Dennis Baker
SECRETARY
Allan Beek
___
BOARD MEMBERS
Nancy Alston
Dennis Baker
Tom Baker
Bruce Bartram
Allan Beek
Jo Carol Hunter
Charles Klobe
Donald Krotee
Andrea Lingle
Elaine Linhoff
Bobby Lovell
Marko Popovich
Jeanne Price
Nancy Scarbrough
Melinda Seely
Nancy Skinner
Jean Watt
Portia Weiss
October 29, 2020
Eric Weigand, Chair
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Residences at 4400 Von Karman
Dear Chair Weigand and Commissioners:
SPON, Still Protecting Our Newport, has been engaged and interested in the Airport
Area, including Koll Center, since the 1970s when a business complex was developed
with an eye to ambiance, parking space, and functionality for the owners and tenants.
We opposed an earlier project, in 2003, which allowed for more intensity and impacted
other buildings.
More recently, we actively opposed the Shopoff Group’s three luxury condo towers in
Koll Center. SPON was concerned about the lack of work to reduce the problems for
associated buildings. During the hearings for the condo towers, SPON produced a
Solutions page with five categories of concern. Those were: Building Height; Livable
Residential Village; Central Park; Retail Component; and Collaboration/Consensus. (See
attached.) Not all of those issues have been addressed with the new Residences at 4400
Von Karman project.
At the present time, SPON is in the process of seeking a better planned vision for the
Airport Area including both Koll Center and Newport Place for three reasons. First, the
area is being piecemeal planned as more housing is being sought. Second, the area is
attractive for housing, but, the State’s Regional Housing Needs Assessment needs
require the same attention to good planning. And third, we believe the new residential
areas should be planned in a way that optimizes the chances for achieving our
“Solutions.” This would create a vibrant, livable residential community with plenty of
retail components, and will have collaborated with residents and businesses to reach a
consensus.
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
P O B o x 1 0 2 | B a l b o a I s l a n d , C A 9 2 6 6 2 | 9 4 9 . 8 6 4 . 6 6 1 6
A 501(c)(3) non-profit public education organization working to protect and preserve the residential and
environmental qualities of Newport Beach.
SPONNB.org | Info@SPON-NewportBeach.org
Social Media @SPONNB & @SPONNewport
October 29, 2020
Erik Weigand, Planning Commission Chair
Residences at 4400 Von Karman
Page Two
To that end we find the Planning Commission Hearing on November 5 too soon as there has clearly not been
a chance for reduction of significant impacts to the existing properties and businesses. Some of the
supporting documents remain unavailable to the public such as the final project plans which we understand
may be published on October 30.
One key concern is parking for the impacted existing businesses. The parking ratios cannot be calculated
without considering the office space capacity and parking rights confirmed in the CC&Rs signed by owners
and tenants. Further, the proximity of the stand-alone parking structure to several buildings is of serious
concern. Their closeness impacts existing views, light and open space which are all crucial to the existing
office working spaces.
What happens with this project is important to us. It is evidence of an interest in good planning in a holistic
sense for the Airport Area – or it is just one more piecemeal project with token attention to the adjacent
owners and public.
Thank you very much for consideration of our concerns.
Sincerely,
Bruce Bartram
President - SPON
cc: Planning Commission City Staff
Lee Lowrey, Vice Chair Seimone Jurjis, CDD Director
Lauren Kleiman, Secretary Jim Campbell, Deputy CDD Director
Curtis Elmore Rosalinh Ung, Associate Planner
Sarah Klaustermeier
Peter Koetting
Mark Rosene
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
The Koll Residences would be the largest condo tower project in
Newport history. It seems quite clear that such a project is not what
many voters intended nor currently desire. SPON is advocating for an
improved baseline project that better aligns with the General Plan,
the Integrated Conceptual Development Plan for the Koll site, and
community and adjacent property owner input.
PROBLEM POTENTIAL SOLUTION
Proposes three high-rise
condominium towers with 15 stories
(160’ tall)
Building Height Revise to mid-rise apartments and
condominiums, limited to 4-5 stories
Packs three tall towers in close
proximity to much smaller buildings,
exacerbating density and massing
issues; feels like the project is
shoehorned into the site rather than
creating a legitimate “livable
residential village” atmosphere
Livable
Residential
Village
Create a more human and
pedestrian scale; Establish a sense
of neighborhood; Design mid-rise
project using a podium or wrap
configuration to hide unsightly
parking garages; Better integrate
project with surrounding building
heights; Increase ground floor retail
Moves the GP-required “Central
Park” far to the project’s east end –
removing the “sense of place” and
“focal point” required by the GP and
exacerbating density and massing
impacts on adjacent property owners
Central Park Include a centrally located park
within the project near the
residential units and existing
property owners; Increase ground
floor retail surrounding the park
Includes a token amount of retail for
such a large project, only 3,000 sq.
ft. of retail (less than one half of one
percent)
Retail
Component
Increase retail for residents and
employees and encourage
walkability; Provide needed services,
and promote the pedestrian scale
Vastly exceeds the height of most
existing properties adjacent to the
project
Collaboration/
Consensus
Reduce building height to better
align with existing buildings and
create a “livable village” feel
A MORE APPROPRIATE STARTING POINT FOR PLANNING COMMISSION REVIEW OF THE KOLL RESIDENCES
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
From:Dana Haynes
To:Weigand, Erik
Cc:Planning Commissioners; Campbell, Jim; Ung, Rosalinh; Adriana Fourcher
Subject:Koll Center Residences at 4400 Von Karman and Related Structures
Date:Thursday, October 29, 2020 3:18:31 PM
Attachments:image001.pngKoll Center Residences - VKCOA Letter - 10-29-20.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Chair Weigand, Commissioners and staff:
Due to Covid19 circumstances affecting notifications and meetings we are kindly requesting
the public hearing for the Residences at 4400 Von Karman be delayed until November 19th .
Please include the attached letter in the Administrative Record for this project.
The Von Karman Condo Association is comprised of approximately a dozen office condo
owners who are stakeholders and directly impacted by the proposed project. We only had 2
representatives available for the last minute invitation from The Picerne Group to review their
project. We found it concerning that the plans that were presented to us yesterday are
different than what is posted on the City’s website.
Moreover, the positioning of the stand-alone parking garage may need to be modified. This
letter explains in detail the reasoning and justification. If The Picerne Group desires to show it
is working with the business stakeholders, it has the opportunity to make those changes.
Delaying the formal presentation to the Planning Commission is not a big ask in light of the
importance of approving a better thought out integrated plan that reflects the needs of the
businesses and their employees.
Dana Haynes
Commercial Real EstateCitivest Commercial Investments, LLC4340 Von Karman Ave., Suite 110Newport Beach, CA 92660
Office: (949) 705-0408
Mobile: (949) 212-3237dhaynes@citivestinc.com
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Bitcentral 4340 Von Karman, Suite 400 Newport Beach, CA 92660 949 253 9000
October 29, 2020
Submitted electronically to: planningcommissioners@newportbeachca.gov
Erik Weigand, Planning Commission Chair
and Planning Commissioners
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Residences at 4400 Von Karman
Dear Chair Weigand and Commissioners:
Bitcentral occupies approximately 15,000 square feet of office space in the 4340 Von Karman
building. We are on a long-term lease and have significant investment in our business at this
location. I submitted a letter and presented public comments when the last Koll Center
Residence project was reviewed.
We just received written notice of a Planning Commission meeting. The revised Koll Residence
project has changed significantly but still has impacts on our business and employees. I have
not had enough time to review the plans and have been informed that some of the
documents are continuing to be modified. Is it true that what is on the Planning Commission
website is not the final submission? I humbly request that the Planning Commission not hold
a vote on the Residences at 4400 Von Karman project until, at the earliest, its Thursday,
November 19, 2020 meeting.
Meanwhile, I have taken a look at the Entitlement Submittal online and spoken to our Von
Karman Condo Owners Association board to garner more information. The structures' height
has been reduced, but the parking garage is now only 76 feet away from the 4340 building!
I have attached two photos from the original ShopOff plans to illustrate that the Picerne
parking garage has a higher impact on the 4340 Building than before. Moreover, ShopOff
had included elevations showing a garden wall and /or a façade screen. The revised Picerne
project has moved the detached parking garage precariously close to 4340 Von Karman
while not providing us with appropriate elevation drawings or a solar shade study.
Because the parking garage's purpose is to replace parking for the 5000 Birch building, it
would be appropriate for The Picerne Group to locate the garage along the east property
line adjacent to the 5000 Birch building. That way, the parking spaces would be located
closer to the tenants in the 5000 Birch property that are losing parking on the other side due
to the proposed apartments and park area.
Koll Center Newport currently does not have adequate parking to serve the needs of the
building owners. The 4340 building is allowed 197 spaces; however, our actual conditions
(before the pandemic) were 240. Because the 4350-building next to us was only at 65%
occupancy, we could temporarily get more spaces. If both buildings were close to full
occupancy, there would not be enough spaces, and there is no on-street parking anywhere
nearby. Koll has a fiduciary responsibility to the property owners in Koll Center Newport to
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Bitcentral 4340 Von Karman, Suite 400 Newport Beach, CA 92660 949 253 9000
provide adequate parking. The amount a random parking study shows is not accurate since
the current parking has proven inadequate for 4340. It will also be insufficient for 4350 when
the occupancy returns to normal. An additional 80 to 90 spaces are needed between the
two buildings to fulfill the actual parking demand. The argument that self-driving cars will
mitigate the need for parking is nonsense. I drive a vehicle that is capable of and run a
software company. It will be over a decade before the hardware and software are capable
of true autonomy and has the potential to reduce parking. In the meantime, we have
nowhere else to park and need to accommodate our current employees and not have this
project negatively impact our businesses' profitability.
Bottom line, the parking structure is too far away from the displaced parking in its current
placement. Likewise, I believe that stakeholders in Koll Center Newport are not being
provided with accurate plans or sufficient time to provide informed input. I am getting some
of my information 2nd hand. Considering all the proposal deficiencies, I do not see how the
Planning Commission is prepared to recommend the 4400 Von Karman Residences to the
City Council for approval.
Also, to the matter of the parking structure, I continue to be concerned about how the
Applicant and the Koll Company intend to mitigate risk for the existing businesses during
construction and afterward. The precedent of approving infill development of common area
parking lots that serves multiple businesses is problematic, especially considering there is more
than one property owner in Koll Center Newport. Aren't there common area parking rights?
As a business owner who is considerably impacted by this project, I am requesting that the
Planning Commission postpone its vote to give the public adequate time to review and
respond to final plans.
As stated at the beginning of this letter, I urge the Commission to delay a vote until its
November 19th meeting so that The Picerne Group can post revised plans, including some
alternatives for the parking structure. The stakeholders and the citizens look forward to a fair
and transparent process. The only way to do this is to allocate sufficient time for The Picerne
Group to work through these essential modifications and give the public time to provide
comments.
Sincerely,
Fred Fourcher, CEO, Bitcentral Inc.
Attachments:
CC: Jim Campbell (jcampbell@newportbeachca.gov)
Rosalihn Ung (rung@newportbeachca.gov)
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020
Item No. 3a Additional Materials Received After Printing
Residences at 4400 Von Karman (PA2020-061)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: James Campbell, Deputy Community Development Director
Date: November 2, 2020
Re: The Residences at 4400 Von Karman
November 5, 2020, Agenda Item No. 3
________________________________________________________________
Finding B.2.r on handwritten page 50 of your staff report contains a scribe’s error
and should include additional facts. The following language replaces what is
found in the draft resolution:
“r. LU 6.15.3 – Airport Compatibility. Require that all development be
constructed in conformance with the height restrictions set forth by
Federal Aviation Administration (FAA), Federal Aviation Regulations
(FAR) Part 77, and Caltrans Division of Aeronautics, and that residential
development be located outside of the 65 dBA CNEL noise contour
specified by the 1985 JWA Master Plan
The Project site located at 4400 Von Karman Avenue is located outside
the 65 dBA CNEL contour as that noise contour is mapped by the 2008
JWA Airport Environs Land Use Plan that accounts for the most recent
update to the JWA Master Plan. The site is entirely outside of the 60 dBA
CNEL noise contour. The proposed Planned Community Development
Plan Regulations would limit future construction to 75 feet above ground
level. Project review for any obstruction or interference with airport
operations by the Federal Aviation Administration (FAA) is in progress. A
FAA finding of no potential hazard to air navigation is anticipated due to a
previous and identical determination for taller buildings at the same project
site. The Project is consistent with LU 6.15.3 provided the FAA officially
makes a finding of no threat to air navigation for the Project.”
If you have any questions, please do not hesitate to contact me at 949-644-3210
or by email at jcampbell@newportbeachca.gov. See you Thursday evening,
thank you.
Planning Commission - November 5, 2020 Item No. 3b Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
From:Rene Nuttall
To:Planning Commissioners
Cc:Campbell, Jim; Ung, Rosalinh
Subject:RE: Residences at 4400 Von Karman
Date:Friday, October 30, 2020 4:51:38 PM
Attachments:Residences at 4400 Von Karman Project.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Chair Weigand and Commissioners,
Please find attached a letter from Robert Meyer, owner at 4320 Von Karman Avenue,
Newport Beach, CA regarding the Residences at 4400 Von Karman Project.
Should you have any questions, please contact Mr. Meyer at your convenience.
Thank you.
René Nuttall
M E Y E R P R O P E R T I E S
4320 Von Karman Avenue
Newport Beach, CA 92660
D 949.527.3466
P 949.862.0500 x 3466
F 949.862.0515
rnuttall@meyerprop.com
Planning Commission - November 5, 2020 Item No. 3c Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3c Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Rosalinh Ung, Principal Planner
Date: November 3, 2020
Re: The Residences at 4400 Von Karman
November 5, 2020, Agenda Item No. 3
________________________________________________________________
Attached please find the proposed Lot Line Adjustment plans for the proposed
residential development. They were inadvertently excluded from the Project’s plan
set.
If you have any questions, please do not hesitate to contact me at 949-644-3208
or by email at rung@newportbeachca.gov.
Thank you.
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SP8507
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(LEGAL DESCRIPTION)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
445-131-29, -30 PARCEL 1SLF - KC TOWERS, LLC
PAGE 1 OF 2
PARCEL 1:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES
16 THROUGH 22 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 91-155; THENCE ALONG THE
NORTHEASTERLY LINE THEREOF NORTH 49°21'34” WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID NORTHEASTERLY LINE SOUTH 41°05'02” WEST 54.87 FEET; THENCE SOUTH 04°16'29” EAST 238.30 FEET; THENCE
SOUTH 85°43'31” WEST 685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY
LINE OF VON KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE NORTH
06°59'31” WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS
OF 549.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE OF 09°29'40” TO
THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF SAID
PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” WEST 204.00 FEET”; THENCE ALONG THE
NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL
AND ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49°21'34” EAST 274.72 FEET;
THENCE NORTH 40°38'26” EAST 156.94 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED N.A.P. OF
SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” EAST 204.44 FEET”; THENCE ALONG
SAID SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS NORTHEASTERLY
PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49°21'34” EAST 166.34 FEET; THENCE NORTH 40°38'26” EAST
284.73 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 49°21'34'
EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 4.51 ACRES, MORE OF LESS.
PARCEL 2:
THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 91-155 AS SHOWN ON A MAP THEREOF, FILED IN BOOK 266, PAGES
16 THROUGH 22 OF PARCEL MAPS, TOGETHER WITH PARCEL 1 OF PARCEL MAP NO. 82-713 AS SHOWN ON A MAP THEREOF,
FILED IN BOOK 181, PAGES 13 THROUGH 19 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AS FOLLOWS:
445-131-04, -29, -30 PARCEL 2KCN A MANAGEMENT, LLC
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SP8507
EXHIBIT "A"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(LEGAL DESCRIPTION)
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2 OF PARCEL MAP NO. 91-155; THENCE ALONG THE
NORTHEASTERLY LINE THEREOF NORTH 49°21'34” WEST 584.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID NORTHEASTERLY LINE SOUTH 41°05'02” WEST 54.87 FEET; THENCE SOUTH 04°16'29” EAST 238.30 FEET; THENCE
SOUTH 85°43'31” WEST 685.70 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY
LINE OF VON KARMAN AVENUE AS SHOWN ON SAID PARCEL MAP NO 91-155; THENCE ALONG SAID PARALLEL LINE
NORTH 06°59'31” WEST 296.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A
RADIUS OF 549.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 90.98 FEET THROUGH A CENTRAL ANGLE
OF 09°29'40” TO THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL LABELED
N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” WEST 204.00 FEET”; THENCE
ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID
N.A.P. PARCEL AND ITS NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49°21'34” EAST
274.72 FEET; THENCE NORTH 40°38'26” EAST 156.94 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL
LABELED N.A.P. OF SAID PARCEL MAP NO. 91-155 HAVING A BEARING AND DISTANCE OF “NORTH 49°21'34” EAST 204.44 FEET”;
THENCE ALONG SAID SOUTHWESTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID N.A.P. PARCEL AND ITS
NORTHEASTERLY PROLONGATION THROUGH THE FOLLOWING COURSES: SOUTH 49°21'34” EAST 166.34 FEET; THENCE
NORTH 40°38'26” EAST 284.73 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY
LINE SOUTH 49°21'34' EAST 157.28 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 20.09 ACRES, MORE OF LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
EXHIBIT “B” ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
MICHAEL FURLONG, P.L.S. 8899 DATE
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PAGE 2 OF 2
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 1 OF 15
__________________________
DATE
______________________________
MICHAEL FURLONG, PLS 8899
LICENSE EXPIRES: 12/31/2021
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
SHEET NUMBER
SCALE: 1" = 600'
NOTE:
SEE SHEET 8-9 FOR
EASEMENT NOTES
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 2 OF 15
SCALE: 1" = 150'
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
- SEE SHEET 7 -
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)- SEE SHEET 6 -OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
SHEET 3 OF 15
(MAP)
SCALE: 1" = 120'
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
- SEE SHEET 4 -- SEE SHEET 4 -OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 4 OF 15
SCALE: 1" = 120'
LEGEND:
PROPOSED PROPERTY
LINE
EXISTING PROPERTY
LINE TO REMAIN
EXISTING PROPERTY LINE
TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE- SEE SHEET 3 -- SEE SHEET 5 -EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)
- SEE SHEET 3 -
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 5 OF 15
SCALE: 1" = 40'
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
- SEE SHEET 4-EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)- SEE SHEET 6-OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 6 OF 15
SCALE: 1" = 120'
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES - SEE SHEET 7-- SEE SHEET 5-EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)
- SEE SHEET 7-
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 7 OF 15
SCALE: 1" = 120'
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE- SEE SHEET 6-- SEE SHEET 2-
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 8 OF 15
“
”
“
”
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 9 OF 15
“
”
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 10 OF 15
SCALE: 1" = 150'
PROPOSED PROPERTY
LINE
EXISTING PROPERTY
LINE TO REMAIN
EXISTING PROPERTY
LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
PRIVATE DRIVE PER
PMB 266/16-22
- SEE SHEET 15 -
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP-EASEMENTS)
-
S
E
E
S
H
E
E
T
1
4
-
LEGEND:
NOTE:
SEE SHEETS 8-9 FOR
EASEMENT NOTES.
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
SHEET 11 OF 15
(MAP-EASEMENTS)
SCALE: 1" = 120'- SEE SHEET 12 -PROPOSED PROPERTY
LINE
EXISTING PROPERTY
LINE TO REMAIN
EXISTING PROPERTY
LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
PRIVATE DRIVE PER
PMB 266/16-22
LEGEND:NOTE:
SEE SHEETS 8-9 FOR
EASEMENT NOTES.
- SEE SHEET 12 -
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Δ
SHEET 12 OF 15
SCALE: 1" = 120'- SEE SHEET 11 -- SEE SHEET 13 -EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP-EASEMENTS)
PROPOSED PROPERTY
LINE
EXISTING PROPERTY
LINE TO REMAIN
EXISTING PROPERTY
LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
PRIVATE DRIVE PER
PMB 266/16-22
LEGEND:
NOTE:
SEE SHEETS 8-9 FOR
EASEMENT NOTES.
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 13 OF 15
SCALE: 1" = 40'- SEE SHEET 12-EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
- SEE SHEET 14-NOTE:
SEE SHEETS 8-9 FOR
EASEMENT NOTES.
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
LEGEND:
(MAP-EASEMENTS)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Δ
SHEET 14 OF 15
SCALE: 1" = 120'- SEE SHEET 10-- SEE SHEET 13-EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
- SEE SHEET 15-
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
NOTE:
SEE SHEETS 8-9 FOR
EASEMENT NOTES.
LEGEND:
(MAP-EASEMENTS)
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 15 OF 15
SCALE: 1" = 120'- SEE SHEET 14-- SEE SHEET 10-
EXHIBIT "B"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(MAP-EASEMENTS)
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE
TO REMAIN
EXISTING PROPERTY LINE
TO BE ADJUSTED
EASEMENT AS NOTED
EASEMENT NOTE
VARIES
PRIVATE DRIVE PER PMB
266/16-22
LEGEND:
NOTE:
SEE SHEETS 8-9 FOR
EASEMENT NOTES.
OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 1 OF 3
__________________________
DATE
______________________________
MICHAEL FURLONG, PLS 8899
LICENSE EXPIRES: 12/31/2021
EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(SITE)
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
SCALE: 1" = 200'- SEE SHEET 2-OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 2 OF 3EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(SITE)
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
SCALE: 1" = 200'- SEE SHEET 3 -- SEE SHEET 1 -OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
SHEET 3 OF 3EXHIBIT "C"
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT NO. LLA 2020-002
(SITE)
LEGEND:
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE TO REMAIN
EXISTING PROPERTY LINE TO BE ADJUSTED
SCALE: 1" = 200'- SEE SHEET 2 -OWNER EXISTING PARCEL
AP NUMBER
PROPOSED PARCELS
REFERENCE NUMBERS
PARCEL 1SLF - KC TOWERS, LLC
PARCEL 2KCN A MANAGEMENT, LLC
445-131-29, -30
445-131-04, -29, -30
Planning Commission - November 5, 2020 Item No. 3d Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
November 1, 2020
Chairman Erik Weigand
& Members of the Newport Beach Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: The Residences at 4400 Von Karman
In advance of our November 5th hearing, we wish to provide a summary of the collaborative process we
have undergone in consideration of the community as a whole and the more immediate community
within the Koll Center. The Picerne Group has a track record, in southern California and beyond, of
practicing sound urban planning in cooperation with the communities in which it invests. As you know,
California has a housing crisis. Our regional community cannot turn its back on this issue. However, we
can approach the issue with an eye toward the sort of urban redevelopment that is compatible with
existing uses. Our City is essentially built out, which puts that much more pressure on the need for
effective and creative reuse of existing properties. We believe that our Project, The Residences at 4400
Von Karman, exemplifies the balance needed between the existing community and the need for
intelligently planned housing.
In our effort to collaborate, we have had many meetings with community groups, Koll Center office
owners, and City staff including a thorough review of the documented public feedback in response to
the previous application for the three high-rise condominium towers project known as the Koll Center
Residences. While our Project lies within the City’s approved Airport Business Area Integrated
Conceptual Development Plan allowing for our proposed use, we have responded to the collective
community feedback in the following ways:
•Building Height: reduced to a five-story, 65’ mid-rise development which is substantially the
same height as the surrounding office buildings
•Livable Residential Village: revised to appropriate massing with integrated design and
connectivity to neighboring office buildings for a more cohesive campus setting
•Central Park: 1-acre centralized park dedicated to the City and maintained by The Picerne Group
together with 0.45 miles of interconnected pedestrian trails
•Affordability: Provides 13 Very Low Income units (at a cost of several million dollars to the
development) and an additional 299 Above Moderate units, both of which help achieve the
state mandated RHNA goals
At this point we have satisfied the vast majority of interested parties, however, based upon
communications received within the last few days from SPON and an adjacent building owner, there
appears to be some confusion about parking that we would like to clarify for you. To recap our
approach to parking, referenced on the attached site plan and tables, our Project does the following:
(i)Eliminates 443 parking spaces to accommodate our building and the 1-acre City park and
eliminates 106 parking spaces to accommodate the construction of the freestanding garage.
The total number of parking spaces eliminated is 549 (443, plus 106).
(ii) Replaces 276 of those parking spaces in the podium garage under our new apartment structure
outlined as Area 7. These parking spaces will be designated for office use and predominantly
Planning Commission - November 5, 2020 Item No. 3e Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
City of Newport Beach Planning Commission
November 1, 2020
Page 2
serve the immediately surrounding office buildings. In addition, those spaces will be completely
separated from resident parking by virtue of a separate entry/exit and a separate and enhanced
elevator lobby.
(iii) Adds a 284-space parking structure in place of 106 surface spaces outlined in Areas 2 and 3.
Our podium parking garage and parking structure provide 560 parking spaces, fully replacing what has
been lost with a surplus to accommodate losing a few spaces in other areas. In addition to replacing
every parking space, we have enhanced the parking as follows:
• Increased Structured and Covered Parking – 549 surface stalls dedicated to office users will be
replaced by 560 structured and covered parking spaces which is accepted in the industry as a
meaningful amenity
• Southern Area Buildings – the buildings located to the south (4350, 4340 and 4320 Von Karman)
will now be better served with 178 additional spaces (284 new spaces, less 106 eliminated
spaces) in a freestanding parking structure (Area 2) that is closer to their buildings
• Northern Area Buildings – the buildings located to the north (4910 Birch and 4490 and 4440
Von Karman) will be served by the remaining 199 surface parking spaces in Area 8 and
committed 276 spaces in our apartment podium garage in Area 7. As shown in the attached
table, this results in a 45-stall surplus against the applicable 1 space per 300 square feet
standard outlined in the Planned Community text for this area
• John Hancock Building – in addition to the fact that surface lots surrounding this building are
well below capacity (per our Parking Study), the tenants of the John Hancock building (5000
Birch) have the exclusive use of a garage, owned and controlled by John Hancock, that is only at
30 percent capacity at peak usage
In closing, we hope you agree that we have engaged in a process that has arrived at the proper balance
between consideration for our neighbors and our community. We have support from the vast majority
of our neighbors. We continue to work with the one or two who are not yet concluded, but the issue
remaining seems to be primarily related to what is fair compensation for the impact to their businesses
during our two year construction period and not planning related. Thank you for the time that you take
from your lives to govern this process and thank you for your consideration.
Sincerely,
The Picerne Group
Planning Commission - November 5, 2020 Item No. 3e Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
City of Newport Beach Planning Commission
November 1, 2020
Page 3
ATTACHMENT I
VON KARMAN/BIRCH AREA - PARKING SUMMARY
[INSERT DP/AF SUMMARY TABLE(S)]
Planning Commission - November 5, 2020 Item No. 3e Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
City of Newport Beach Planning Commission
November 1, 2020
Page 4
Northern Area Buildings Parking Summary
Address Owner Building SF
4490 Von Karman Ave Von Karman Ventures LLC 32,093
4440 Von Karman Ave 4440 VKA TIC 3 LLC 44,434
4910 Birch St Olen Properties CORP 52,452
Total Building SF 128,979
Total Required Office Parking Stalls Per Code (@ 1 Per 300 SF)430
Proximate Office Surface Parking Stalls Remaining in Area 8 199
Covered Office Parking Stalls Provided in Apartment Garage 276
Total Office Parking Stalls Provided 475
Surplus Office Parking Stalls Provided in Apartment Garage 45
Southern Area Buildings Parking Summary
Address Owner Building SF
4350 Von Karman COMAC America Corporation 68,425
4340 Von Karman Von Karman Condo Owners Association 68,425
4320 Von Karman MBC Holdings 8,000
Total Building SF 144,850
Total Required Office Parking Stalls Per Code (@ 1 Per 300 SF)483
Proximate Office Surface Parking Stalls Remaining in Areas 2, 3, 4, 5 & 6 354
Covered Office Parking Stalls Provided in Free-Standing Garage 284
Total Office Parking Stalls Provided 638
Surplus Office Parking Stalls Provided in Free-Standing Garage 155
Planning Commission - November 5, 2020 Item No. 3e Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3e Additional Materials Received Residences at 4400 Von Karman (PA2020-061)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: James Campbell, Deputy Community Development Director
Date: November 5, 2020
Re: The Residences at 4400 Von Karman
November 5, 2020, Agenda Item No. 3
________________________________________________________________
As noted in my Memorandum dated November 2, 2020, finding B.2.r on
handwritten page 50 of your staff report contains a scribe’s error and should
include additional facts. The memorandum addressed the issues assuming the
Federal Aviation Administration (FAA) determination would be delayed and occur
after the meeting. The FAA determination that the project does not present a
threat to air navigation has been received and is attached to this memorandum.
The following language replaces what is found in the draft resolution and what is
contained in the November 2, 2020, memorandum:
“r. LU 6.15.3 – Airport Compatibility. Require that all development be
constructed in conformance with the height restrictions set forth by
Federal Aviation Administration (FAA), Federal Aviation Regulations
(FAR) Part 77, and Caltrans Division of Aeronautics, and that residential
development be located outside of the 65 dBA CNEL noise contour
specified by the 1985 JWA Master Plan
The Project site located at 4400 Von Karman Avenue is located outside
the 65 dBA CNEL contour as that noise contour is mapped by the 2008
JWA Airport Environs Land Use Plan that accounts for the most recent
update to the JWA Master Plan. The site is entirely outside of the 60 dBA
CNEL noise contour. The proposed Planned Community Development
Plan Regulations limits future construction to 75 feet above ground level.
The Federal Aviation Administration (FAA) conducted an aeronautical
study of the proposed project pursuant to applicable Federal regulations
and has determined no hazard to air navigation for the project.”
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Tmplt:-02/05/15
If you have any questions, please do not hesitate to contact me at 949-644-3210
or by email at jcampbell@newportbeachca.gov. See you Thursday evening,
thank you.
Attachments:
FAA Determination letters dated November 3, 2020
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10420-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-57.79N NAD 83
Longitude:117-51-41.41W
Heights:47 feet site elevation (SE)
71 feet above ground level (AGL)
118 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10420-
OE.
Signature Control No: 450138011-455701782 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10420-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10420-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10421-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-59.28N NAD 83
Longitude:117-51-34.50W
Heights:50 feet site elevation (SE)
71 feet above ground level (AGL)
121 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10421-
OE.
Signature Control No: 450138013-455701783 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10421-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10421-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10422-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-56.34N NAD 83
Longitude:117-51-33.81W
Heights:52 feet site elevation (SE)
71 feet above ground level (AGL)
123 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10422-
OE.
Signature Control No: 450138014-455701785 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10422-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10422-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10423-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-55.79N NAD 83
Longitude:117-51-41.17W
Heights:52 feet site elevation (SE)
71 feet above ground level (AGL)
123 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10423-
OE.
Signature Control No: 450138016-455701784 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10423-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10423-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10416-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building Parking Garage 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-52.31N NAD 83
Longitude:117-51-35.40W
Heights:51 feet site elevation (SE)
45 feet above ground level (AGL)
96 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10416-
OE.
Signature Control No: 450134779-455696810 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10416-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10416-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10417-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building Parking Garage 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-50.78N NAD 83
Longitude:117-51-33.20W
Heights:49 feet site elevation (SE)
45 feet above ground level (AGL)
94 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10417-
OE.
Signature Control No: 450134780-455696812 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10417-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10417-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10418-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building Parking Garage 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-49.88N NAD 83
Longitude:117-51-33.98W
Heights:49 feet site elevation (SE)
45 feet above ground level (AGL)
94 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10418-
OE.
Signature Control No: 450134781-455696811 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10418-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10418-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2020-AWP-10419-OE
Page 1 of 4
Issued Date: 11/03/2020
Lauren Olivier
The Picerne Group
5000 Birch Street #600
Newport Beach, CA 92660
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Building Parking Garage 4400 Von Karman
Location:Newport Beach, CA
Latitude:33-39-51.46N NAD 83
Longitude:117-51-36.25W
Heights:51 feet site elevation (SE)
45 feet above ground level (AGL)
96 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 L Change 2.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 05/03/2022 unless:
(a)the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b)extended, revised, or terminated by the issuing office.
(c)the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 2 of 4
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This
determination includes all previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2020-AWP-10419-
OE.
Signature Control No: 450134782-455696813 ( DNE )
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 3 of 4
TOPO Map for ASN 2020-AWP-10419-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Page 4 of 4
Sectional Map for ASN 2020-AWP-10419-OE Planning Commission - November 5, 2020 Item No. 3f Additional Materials Received By Staff Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3g Additional Materials Received After Deadline Residences at 4400 Von Karman (PA2020-061)
From:Ung, Rosalinh
To:Rodriguez, Clarivel
Subject:FW: The Residences at 4400 Von Karman (PA2020-061) - Letters of Support
Date:Thursday, November 5, 2020 2:29:28 PM
Attachments:VKV-Shopoff re VKV letter of support (10 28 2020 Letter to NB Planning Commission).pdf
Letter to PLanning Commission-Von Karman Apartments.pdf
KCN A Picerne Planning Comm Letter 11.4.20.pdf
2020 - 11.02 - 4440 VK Building Owners - Letter of Support for Koll Center Residences (Signed).pdf
Please forward the attachments to the Commission, staff and public. Thanks.
From: Eric Hoffman <ehoffman@picernegroup.com>
Sent: Thursday, November 5, 2020 2:19 PM
To: Weigand, Erik <eweigand@newportbeachca.gov>; Lowrey, Lee <llowrey@newportbeachca.gov>;
Kleiman, Lauren <lkleiman@newportbeachca.gov>; Ellmore, Curtis
<CEllmore@newportbeachca.gov>; Klaustermeier, Sarah <sklaustermeier@newportbeachca.gov>;
Koetting, Peter <pkoetting@newportbeachca.gov>; Rosene, Mark <mrosene@newportbeachca.gov>
Cc: Jurjis, Seimone <sjurjis@newportbeachca.gov>; Campbell, Jim
<JCampbell@newportbeachca.gov>; Ung, Rosalinh <rung@newportbeachca.gov>
Subject: RE: The Residences at 4400 Von Karman (PA2020-061) - Letters of Support
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
In relation to the above-referenced application, attached please find letters of support received from
the Koll Center master declarant, KCN A Management, and the owners of the buildings located at
4490 Von Karman and 4440 Von Karman. Additionally, we have received verbal assurances of
support from the owners of 5000 Birch. We have also attached a letter of support received from
The Chamber of Newport.
While we understand Planning Commission may have recently received letters requesting the
continuation of our hearing, we feel it is important to keep in mind that those 3 owners represent
only about 21% of the total square footage of the buildings in our area of The Koll Center Newport
and there is sufficient time between your decision this evening and the City Council’s action for us to
negotiate these private building owner, parking and other economic compensation issues.
Thank you, again, for your continued efforts and consideration on this matter.
Regards,
ERIC HOFFMANSenior Vice President, Acquisitions and EntitlementThe Picerne Group5000 Birch Street | Suite 600 | Newport Beach, CA 92660Phone: 949.267.1525 | Mobile: 949.307.3430 | ehoffman@picernegroup.com
Planning Commission - November 5, 2020 Item No. 3g Additional Materials Received After Deadline Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3g Additional Materials Received After Deadline Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3g Additional Materials Received After Deadline Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3g Additional Materials Received After Deadline Residences at 4400 Von Karman (PA2020-061)
4440 Von Karman Building Owners
Chairman Erik Weigand
& Members of the Newport Beach Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Chairman Weigand:
Re: Koll Center Residences at 4400 Von Karman
November 2, 2020
We are writing in support of the above reference project. We own the building at 4440 Von Karman
which is adjacent to the proposed project and we believe it will be a vibrant addition to Koll Center
Newport.
We are pleased with the addition of the proposed park, as wellfas additional green space. Additionally,
adding new structured parking will be considered an asset for our tenants.
Our building is well leased today, at over 90%. All of tenants have leased being fully aware of the
proposed development and have decided to join us as an occupant at 4440 Von Karman.
We believe the addition of a new neighbor at 4400 Von Karman will be accretive to our ownership.
I
Sincerely,
~a{awat
Alexander Horvat
Planning Commission - November 5, 2020
Item No. 3g Additional Materials Received After Deadline Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Recommended 5000 Birch ParkingMove Parking
Next to 5000 Birch
5000 Birch
4340 Von Karman Pr
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5
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0
0
Bir
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P
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Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Koll Center City Planning Commission October 5, 2020 – Fred Fourcher
Slide Number
1. Honorable commissioners, I am Fred Fourcher, a resident of Corona Del
Mar since 1979, and an owner of 4340 Von Karman since 2013 (Picture of the building from air) Slide 1
2. I am also CEO of Bitcentral, a software company that serves the
broadcast industry. Bitcentral occupies the 4th floor of 4340 Von Karman (Office Lobby at Sunrise) Slide 2 3. We invested in Koll Center Newport because of the ambiance and
excellent views. This is my office looking towards the project where they
are proposing to turn my view of green trees into people’s apartment
windows. (Fred’s Office looking towards project) Slide 3
4. We have a unique Lake View for an office park. This is my view looking
towards the Pacific Club. If Koll can take away our views on one side of
the building, what’s stopping them from destroying the esthetics of the
office park in other areas? (View from my office looking at the Pacific Club) Slide 4
5. It is hard to image how you could cram all those apartments into our little
parking lot. As a property owner who pays Koll Center Newport for our
common area, it is also hard to image them selling the common area,
developing it and pocketing the money. (Koll Center from Air) Slide 5 6. This development will have a negative impact on the surrounding
property owners. Koll’s primary responsibility should be to the building
owners who are paying them. (Koll Center from Air) Slide 6
7. The proposed parking garage that serves 5000 birch will take up this entire
area and destroy our views of the trees and sky. (View of Parking Lot
looking at the 4340 building) Slide 7 8. There are office condos on the 2nd and 3rd floors and many of the
property owners are attorneys. If you put that parking garage in front of
their windows you will have a flurry of lawsuits. (Picture of 4340 building
from parking lot with person on the balcony) Slide 8 9. With three years of construction this project will have a significant impact
on the ability to operate our business. Other property owners will have
difficulty in leasing space due to this project. Neither Koll nor the Picerne
group have offered compensation for this economic damage. This
common area serving the property owners should have never been sold and project should never have gotten this far without involving the
owners. (Picture of 4340 Building from the lake) Slide 9 10. I would like to emphasize that the parking garage for 5000 Birch belongs
next to the building it is serving not next to 4340 Von Karman. (Parking
Garage Location map) Thank you and I ask the planning commission to please delay their vote on this project until both Koll and Picerne have addressed the needs of the property owners adjacent to this project. Slide
10
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Function for Free-Standing Parking Structure
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
5000 Birch
Current Parking
Proposal
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Still Under parked – the 4340 Case Study
•City Code –1 space for every 250 sq. ft. of usable space
•CC&R’s –ranges from 1 space for every 225 to 300 sq. ft.
•Koll Allocates 4340 as follows –3.16 x 62,424 sq. ft. = 197 spaces
The Parking Study does not reflect actual parking requirements
62,424 sq. ft. / 250 = 250 spaces
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Parking Study Is Flawed
What about City Codes & CC&R’s?
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
More Appropriate
Parking
5000 Birch
Planning Commission - November 5, 2020 Item No. 3h Additional Materials Presented at Meeting Residences at 4400 Von Karman (PA2020-061)
Residences at 4400 Von Karman Avenue
PA2020-061
Planning
Commission
Public Hearing
November 5, 2020
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Introduction
Residences at 4400 Von Karman Avenue
312 apartments (13 affordable –VL income)
835-space parking garage for residents and
adjacent offices
260 base units
52 density bonus units
A one-acre public park dedicated to the
City
284-space parking structure for offices
Reconfiguration of surface parking lots
Community Development Department -Planning Division 2
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Applications
(PA2020-061)
Planned Community Development
Plan Amendment (PD2020-001)
Major Site Development Review
(SD2020-006)
Traffic Study (TS2020-001)
Lot Line Adjustment (LA2020-002)
Affordable Housing Implementation
Plan (AH2020-003)
Development Agreement (DA2020-002)
Community Development Department -Planning Division 3
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Vicinity
Airport Area
Community Development Department -Planning Division 4
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Project
Location
Community Development Department -Planning Division 5
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Project
Overview
Community Development Department -Planning Division 6
Parking
Structure
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
General Plan
Designation
MU-H2
Community Development Department -Planning Division 7
MU-H2 provides for a horizontal intermixing of
uses that may include regional commercial
office, multi-family residential, vertical mixed-
use buildings, industrial, hotel rooms, and
ancillary neighborhood commercial uses.
2,200 Residential Units Allowed
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
ICDP
(Integrated
Conceptual
Development
Plan)
September 2010
8
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Prior Project
Koll Center Residences
260 units in 3 residential towers
3,000 sf. of retail space
A one-acre public park
492-space free-standing parking
structure
Project withdrawn
Community Development Department -Planning Division 9
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Project
Consistent
with Airport
Area General
Plan Policy
MU-H2 land use category -consistent
10-acre village –project 13 acres
30-50 dwelling units per acre –project 44 du/ac
Conceptual development plan -approved
Regulatory plans required –proposed Application
Development agreement -proposed
Neighborhood parks –park dedication
Recreational amenities –included in design
Connected/walkable streets –provided in design
Building massing –not a high rise
Parking –parking replaced
Sustainability –included in proposed design
Community Development Department -Planning Division 10
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Airport Area
Residential
Units
Community Development Department -Planning Division 11
Airport Business Area Residential Units
Residential Development Allocation
Base Units Density Bonus Units
Project Totals with Density Bonus
Replacement Units Additive Units Total Units
General Plan Development Limit (MU-H2) 1,650 550 2,200
Approved Projects
Uptown Newport 632 290 922 322 1,244
Newport Crossings 259 0 259 91 350
Newport Airport Village 329 0 329 115 444
Projects Under Review
Residences at 4400 Von Karman 260 260 52 312
Remaining Development Allocation 430 0 430
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
View from main
entry –internal
street
Community Development Department -Planning Division 12
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Birch Street
Elevation
Community Development Department -Planning Division 13
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Residential
Building
Circulation
Level 1 –Ground Floor Plan
Community Development Department -Planning Division 14
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Residential
Building
Level 2 –Podium Floor Plan
Community Development Department -Planning Division 15
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Residential
Development
312 rental units: 55 studios, 149 one-bedrooms &
108 two-bedrooms
13 affordable units & 299 market-rate rentals
Affordable unit mix: 3 studios, 9 one-bedrooms &
1 two-bedroom
Rectangular-shaped, “podium style” structure
4 stories over 1 level of on-grade parking and 2
levels of below grade parking.
71 feet overall building height
Community Development Department -Planning Division 16
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Project
Parking
835 spaces in residential project:
825 spaces for residents & office uses
10 parallel guest spaces along internal
street
559 spaces for residents & guests
Basement levels 1 & 2
276 for office users
Level 1
Basement level 1
Community Development Department -Planning Division 17
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Free-Standing
Parking Garage
284 spaces for offices
4 levels
40 feet in height
Community Development Department -Planning Division 18
Parking
Structure
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Project On-
Site Amenities
Pool/spa courtyard –second level
garden courtyard –second level
clubroom & fitness center –second level
A bike shop/storage –ground floor
Dog wash room –ground floor
Roof terrace –Level 5
Private balconies for most units
Community Development Department -Planning Division 19
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Community Development Department -Planning Division 20
On-Site Amenities
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Neighborhood
Park
Policy LU
6.16.13 & LU
6.15.14
Provides a focus and neighborhood
identity
Eight percent of village area
150-foot minimum dimension
Public in character
Accessible to residents and public
Surrounded by two public streets
Linked to residential uses
Project Complies
Community Development Department -Planning Division 21
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Community Development Department -Planning Division 22
Proposed One-Acre Public Park
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Public Park &
Open Space
Approximately 1 acre dedicated to the City
Improved & maintained by applicant
Active & passive amenities:
Multi-purpose lawn
Bocce court
Shade pavilion
Lounge areas with seating & outdoor tables
Sustainable landscaping
Parks Beaches and Recreation Commission Review 12/2/2020
Community Development Department -Planning Division 23
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Community Development Department -Planning Division 24
Pedestrian Connections
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Construction
Phasing
Diagram
(32-months)
Community Development Department -Planning Division 25
Phase 1: free-standing parking structure -6 months
Phase 2A: residential building and park -24 months
Phase 2B: surface parking reconfiguration -3 months (possibly concurrent with Phase 2A)
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Koll Newport
PC-15
Amendment
(Creation of
Residential &
Park Overlay
Zone)
Exhibit C of Draft Resolution
26
Residential Overlay
Park Overlay
Development Standards
Allowed uses
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Site
Development
Review
Consistent with proposed
Residential Overlay Zone of Koll
Center PC-15
Building placement & compatibility
Project amenities & public park
Consistent with compatible
development standards
Community Development Department -Planning Division 27
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Traffic Study
(Traffic
Phasing
Ordinance)
Exhibit E of Draft Resolution
Prepared pursuant to Traffic
Phasing Ordinance
Morning & evening peak hours at
25 intersections in Newport Beach
and Irvine
Expected to generate additional
1,697 daily trips, 112 AM & 138 PM
No significant impacts
Community Development Department -Planning Division 28
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Lot Line
Adjustment
Project Plans-Submitted
separately
Adjustment of lot lines of 2
underlying parcels
Parcel 1 (subject parcel) & Parcel 2
(Office Site B’s common parking &
landscape areas)
Proposed lot configuration matches
proposed project
Project Site after adjustment: 4.51 net
acres
Community Development Department -Planning Division 29
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Density Bonus
Project
Affordable
Housing
Implementation
Plan
(AHIP)
13 units (5% of base units) allocated very-low
income households
52 bonus units (20% of base units)
Households that earn less than 50% of area
median
55 year restriction
Higher allocation of studios and one-
bedrooms –development incentive request
Community Development Department -Planning Division 30
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Development
Agreement
Exhibit F of Draft Resolution
Term: 10 years
Public Benefit Fee: $7,500,000
$6,000,000 payable when vested
Public Safety Fee: $500,000
for Fire Life Safety staffing,
services, or equipment
Community Development Department -Planning Division 31
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
CEQA Review
Addendum
Available separately due bulk, at
www.newportbeach.gov/ceqa
2006 General Plan Update Program EIR
•No Increase above approved General
Plan
•Adopted GP has less development
than what was studied
•2011 Housing Element Update Initial
Study/Negative Declaration
•No new impacts identified
Community Development Department -Planning Division 32
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Project
Consistent
with Airport
Area General
Plan Policy
MU-H2 land use category -consistent
10-acre village –project 13 acres
30-50 dwelling units per acre –project 44 du/ac
Conceptual development plan -approved
Regulatory plans required –proposed Application
Development agreement -proposed
Neighborhood parks –park dedication
Recreational amenities –included in design
Connected/walkable streets –provided in design
Building massing –not a high rise
Parking –parking replaced
Sustainability –included in proposed design
Community Development Department -Planning Division 33
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Recommended
Action &
Next Steps
Conduct a public hearing;
Approve the Addendum;
Adopt Resolution PC2020-040,
recommending project approval to
the City Council
November 19, 2020 –Airport Land
Use Commission
December 2, 2020 -PB&R
Commission
City Council early 2021
Community Development Department -Planning Division 34
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
For more information
Contact:
Jim Campbell
Deputy Director
949-644-3210
jcampbell@newportbeachca.gov
Rosalinh Ung,
Principal Planner949-644-3208Rung@newportbeachca.gov
Thank you!
Questions?
Community Development Department -Planning Division 35
Planning Commission - November 5, 2020 Item No. 3i Additional Materials Presented at Meeting by Staff Residences at 4400 Von Karman (PA2020-061)
Residences at
Von Karman4400
1Planning Commission, 11/05/20
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
About Us
•Founded in 1988
•Privately-owned, family office headquartered in Newport Beach, California
•Developer of One Uptown Newport
•Thoughtful urban planners and community developers
•Executive Team comprised of leading industry professionals
•Long-term ownership strategy
•Community involvement and investment through Picerne Family Foundation
ONE UPTOWN (NEWPORT BEACH, CA)
2
BLU (LAGUNA NIGUEL, CA)
ELEVEN10 (ORANGE, CA)
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
3
Project History
Sep. 2010: ICDP approved for 260 additive apartment units
within the Koll Center Office Park
Jan. 2019: Planning Commission study session on prior
project application for Koll Center Residences
Jan. 2020: The Picerne Group submits
preliminary application for new project
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Community Outreach:
o SPON
o The Koll Company
o Koll Center Building Owners:
4910 Birch (Olen Properties)
4440 Von Karman (4440 VKA TIC 3 LLC)
4490 Von Karman (Smart Circle)
5000 Birch (John Hancock)
4350 Von Karman (COMAC)
4320 Von Karman (Meyer Properties)
4340 Von Karman (VK Condo Assoc.)
4
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Executive Summary
o Building Height
o Livable Residential Village
o Central Park
o Affordability
5
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Architecture
6
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Site Plan –Overall
7
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Site Plan –Ground Level
8
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Site Plan –Podium Level
9
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Elevation –Birch St.
10
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Elevation –John Hanock Office Building
11
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Elevation –Main Residential Entry
12
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Elevation –Enhanced Porte-Cochere
13
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Elevation –Von Karman Ave.
14
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Elevation –Interior
15
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Proposed Building Materials
16
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Community Response
17
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Response to Community Input:
o Mid-Rise Development
o 1-Acre Centralized Park
with Integrated Design
o Increased Affordability
o Retail
18
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Mid-Rise Development
19
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Prior Application:
Koll Center Residences
o Three separate
high-density towers
o 15 level high-rise
buildings
o Two levels of above
grade parking garage
o Overall height 156ft
Adding 65ft
marker to this
image. Waiting for
TCA to provide
20
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Height Comparison:
•Revise to mid-rise apartments and
condominiums, limited to 4-5 stories
•5-story mid-rise podium apartments
•Compliments established Koll Center
neighborhood
•Overall building height 65 feet
Community Request:Current Application:
21
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Centralized Park and Integrated Design
22
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Park Design Comparison:
•Central neighborhood park
•1-acre central neighborhood park
•Connectivity for residents and office
community within the Koll Center
•0.45-mile pedestrian jogging trail and seating
nodes facilitate activation
ICDP & Community Request (Sep. 2010):Current Application:
23
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Park Design:
o City dedicated 1-acre park buffering residential and office (outlined in red)
o 0.45-mile pedestrian trails (outlined in blue)
o Provides future connection to Uptown Newport Master Plan
24
Future Connection to Uptown Newport
Master Plan
Pedestrian connection to 1-acre park
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Park Amenities:
Blow up legend
25
1
2
3
4
5
6
7
8
LEGEND
1
2
4
3
5
6
7
8
Dog Park
Outdoor Plaza
Park Trail
Game Lawn
Bocce Court
Shade Pavilion
Community Social
The Hangout
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Park Perspective
Before:
Proposed:
26
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Increased
Affordability
27
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Affordability Comparison:
o For Sale Luxury Condominiums
o Sale Price: $2MM+
o 260 Above-Moderate (120%+ AMI) Units
o For Rent Apartments
o 13 Very Low-Income (50% AMI) Units that will
range between $782-$988 per month
o 299 Above-Moderate (120%+ AMI) Units
Previous Application: Current Application:
28
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Parking
29
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
30
o The city imposed Development Standard
Parking in The Koll Center per the Planned
Community Text is 1 stall per 300sf of net
office square footage for Area B.
o Koll owns and administers the parking
through CC&R’s.
o Each building owner receives an allocation
from Koll based upon their rentable
square footage.
Office Parking Overview
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
31All eliminated Koll Center parking will be fully replaced
o Two proposed parking structures
o Residential Podium Parking Structure
o Freestanding Parking Structure
o 549 Surface Parking Spaces Eliminated
o 560 Office Garage Parking Spaces
Provided
o Residential Podium: 276 spaces
o Freestanding Garage: 284 spaces
Office Parking Replacement Plan
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Replacement Parking Summary
Replacement parking provided proximate to expected demand
Northern Area Buildings Parking Summary
Address Owner Building SF
4490 Von Karman Ave Von Karman Ventures LLC 32,093
4440 Von Karman Ave 4440 CKA TIC 3 LLC 44,434
4910 Birch St Olen Properties Group 52,452
Total Building SF 128,979
Total Required Office Parking Stalls Per Code (@ 1 Per 300 SF)430
Proximate Office Surface Parking Stalls Remaining in Area 8 199
Covered Office Parking Stalls Provided in Apartment Garage 276
Total Office Parking Stalls Provided 475
Surplus Office Parking Stalls Provided in Apartment Garage 45
Southern Area Buildings Parking Summary
Address Owner Building SF
4350 Von Karman COMAC America Corporation 68,425
4340 Von Karman Von Karman Condo Owners Association 68,425
4320 Von Karman MBC Holdings 8,000
Total Building SF 144,850
Total Required Office Parking Stalls Per Code (@ 1 Per 300 SF)483
Proximate Office Surface Parking Stalls Remaining 354
Covered Office Parking Stalls Provided in Free-Standing Garage 284
Total Office Parking Stalls Provided 638
Surplus Office Parking Stalls Provided in Free-Standing Garage 155
32
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
LSA Parking Study Summary
33Parking studied at peak hours shows utilization below capacity
LSA Koll Parking Utilization Summary | July 2019
Parking Area Total Stalls Peak Demand Utilization
Area 1 168 123 73%
Area 2 94 46 49%
Area 3 140 119 85%
Area 4 134 73 54%
Area 5 36 23 64%
Area 6 56 37 66%
Area 7 440 205 47%
Area 8 199 135 68%
Area 9 84 79 94%
Structure 291 89 31%
Totals 1,642 929 57%
*Average occupancy of buildings in study area at time of analysis = 80%
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)
Conclusion
34
o Long-term ownership perspective
o Thoughtful planning
o Quality finishes and design
Planning Commission - November 5, 2020 Item No. 3j Additional Materials Presented at Meeting by Applicant Residences at 4400 Von Karman (PA2020-061)