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4.0_Residences at Newport Center_PA2020-020
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 19, 2021 Agenda Item No. 4 SUBJECT: Residences at Newport Center (PA2020-020) ▪ General Plan Amendment No.GP2020-001 ▪ Zoning Code Amendment No. CA2020-008 ▪ Planned Community Development Plan No. PC2020-001 ▪ Major Site Development Review No. SD2020-001 ▪ Tentative Tract Map No. NT2020-001 ▪ Development Agreement No. DA2020-001 ▪ Environmental Impact Report No. ER2021-002 (SCH No. 2020110087) ▪ Rescission of Use Permit No. UP1461 SITE LOCATION: 150 Newport Center Drive APPLICANT: Newport Center Anacapa Associates, LLC OWNER: Newport Center Anacapa Associates, LLC PLANNER: Liz Westmoreland, Associate Planner 949-644-3234 or lwestmoreland@newportbeachca.gov PROJECT SUMMARY Newport Center Anacapa Associates, LLC (“Project Applicant” or “Applicant”) is proposing to construct a four-story structure that would contain 28 condominium units and common space amenity areas over a two-level below-grade parking garage. Development of the Project would entail demolition of the Newport Beach Car Wash located at the southwest corner of the intersection of Newport Center Drive and Anacapa Drive. The proposed structure would reach a height of approximately 53 feet from established grade with additional height for rooftop appurtenances (e.g. mechanical equipment, vents, elevators, etc.). The following discretionary approvals are requested: • General Plan Amendment – to change the site’s land use designation from Regional Commercial Office (CO-R) to Multiple Residential (RM) and create a new Anomaly Location for the Project site that authorizes a maximum development density of 28 units; • Zoning Code Amendment – to change the site’s zoning classification from Office Regional (OR) to Planned Community (PC) District; • Planned Community Development Plan - to establish land uses and development standards for the Project site. In order to establish a planned 1 INTENTIONALLY BLANK PAGE2 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 2 community development plan, a waiver of the minimum 10-acre site area of developed land is necessary; • Major Site Development Review – to allow for the development of a four-story structure containing 28 luxury condominium units and common space areas over a two-level below-grade parking garage; • Tentative Tract Map – to establish a 28-unit residential condominium subdivision map on the 1.26-acre Project site that would allow each unit to be sold individually; • Development Agreement – to provide the Project Applicant with the assurance that the development of the Project may proceed subject to the rules and regulations in effect at the time of Project approval and to provide the City with assurance that certain obligations of the Project Applicant will be met including public benefit fees; and • Environmental Impact Report (EIR) - to address reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, a draft EIR has been prepared in compliance with the California Environmental Quality Act (CEQA). The document was released for a 45-day public comment period from April 29, 2021, through June 13, 2021. RECOMMENDATION 1) Conduct a public hearing; 2) Adopt Resolution No. PC2021-024 (Attachment No. PC 1) recommending the City Council approve the project and: Certify Environmental Impact Report No. ER2021- 002 (SCH No. 2020110087); Approve Mitigation Monitoring and Reporting Program, General Plan Amendment No. GP2020-001, Zoning Code Amendment No. CA2020- 008; Planned Community Development Plan No. PC2020-001, Major Site Development Review No. SD2020-001, Tentative Tract Map No. NT2020-001 (County Tentative Tract Map No. 17915), and Development Agreement No. DA2020- 001; and Rescind Use Permit No. UP1461. 3 INTENTIONALLY BLANK PAGE4 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 3 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE CO-R (Regional Commercial Office) OR (Office Regional) Car Wash, Convenience Market, and Service Station NORTH CR (Regional Commercial) PC-56 (North Newport Center, Fashion Island Sub-Area) Fashion Island Shopping Center and Restaurants SOUTH CO-R (Regional Commercial Office) PC-56 (North Newport Center, Block 100 Sub-Area) Office Development EAST CO-R (Regional Commercial Office) OR (Office Regional) Office and Retail/Service Businesses WEST CO-R (Regional Commercial Office) PC-56 (North Newport Center, Block 100 Sub-Area) Office Development Subject Property 5 INTENTIONALLY BLANK PAGE6 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 4 INTRODUCTION Background Prior Project In 2014, an application was submitted for the subject address, 150 Newport Center Drive referred to as the Newport Center Villas or the 150 Newport Center Drive Residential Project (PA2014-213). The project was heard several times by the Planning Commission and City Council, but the applicant ultimately withdrew the application prior to City Council taking action on the project. The prior project was originally submitted with 49 condominium units and proposed with seven stories at a height of approximately 78 feet. Prior to withdrawal of the project in 2016, the proposal was reduced to include 35 units in a five-story building of approximately 53 feet. The current application, submitted as PA2020-020, is referred to as Residences at Newport Center and is a new proposed project. Study Session A Study Session with the Planning Commission was conducted on May 6, 2021, in the City Council Chambers. The purpose of the study session was to introduce the project and provide the Planning Commission and general public with the opportunity to learn about the project and request specific information prior to or at the public hearing. The Applicant and City staff provided presentations and answered questions about the project. The questions and comments discussed at the meeting related to the following topics: • Traffic • Delivery and Moving Truck Access • Irvine Company Easements and Involvement • Rooftop Use • Nighttime Lighting/Photometric Plan • Dog Run Area • Consistency of Materials Board and Project Plans • Nuisances Related to Surrounding Restaurants • Displacement of Car Wash • Building Height These topics are discussed in the staff report to provide additional clarity. Project Setting The subject property (“Property,” “Project Site,” or “site”) is located at 150 Newport Center Drive within the Newport Center area and is located at the southwest corner of Newport 7 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 5 Center Drive and Anacapa Drive. The Property consists of a single parcel, which is 54,716 square feet (1.26 acres). The Property is currently developed with a 2,085-square-foot car wash with ancillary convenience market and service station. On August 6, 1970, the Planning Commission approved Use Permit No. UP1461 for the construction of an automatic car wash with gasoline sales. The property is currently designated by the Land Use Element of the General Plan as OR (Regional Commercial Office) and the site is zoned OR (Office Regional) pursuant to the Zoning Code, consistent with the existing use on the property. The project site is not located within the Coastal Zone. The Fashion Island mall is located north of the project site across Newport Center Drive and includes restaurants such as Fig & Olive and Red O. To the east across Anacapa Drive, is a mix of office and retail buildings, including the Edwards Big Newport Cinemas, Spa Gregories, and Muldoon’s Irish Pub. The adjacent property to the south and east is developed with six 2-story office buildings known as Gateway Plaza. The Gateway Plaza development shares driveway access with the subject property, where 150 Newport Center has a nonexclusive ingress/egress access rights over the Gateway Plaza property as part of their grant deed. Existing access to the project site occurs at the driveway immediately to the south of 150 Newport Center Drive via Anacapa Drive. Project Description The Project Applicant is proposing to construct a four-story structure that would contain 28 condominium units and common space amenity areas over a two-level below-grade parking garage. Development of the Project would entail demolition of the Newport Beach Car Wash and all related improvements. The proposed structure would reach a height of approximately 53 feet with additional height for rooftop appurtenances (e.g. mechanical equipment, vents, elevators, etc.). Plans are included as Attachment No. PC 5. In total, the building would comprise approximately 103,158 gross square feet (s.f.) and the parking areas under the building would comprise an additional 71,456 gross s.f. and consist of an upper and lower basement parking areas. The floor area ratio (FAR) for the proposed project is 1.88. The roof of the building includes areas for housing mechanical equipment, stairs, and elevator overruns. No resident access would be permitted on the roof, and no rooftop decks are proposed as part of the project. The maximum density for the site is 28 dwelling units, or 23 dwelling units an acre. The Planned Community Development Plan establishes a minimum floor area per unit based on the floor plans of the building. The units on the ground floor would be the smallest and the penthouse units on the top floor would be the largest. The number of bedrooms per unit would be determined during the plan check process. The units range from approximately 1,430 to 5,689 square feet, with the largest flats on the penthouse level. 8 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 6 Access The project design includes two vehicular access points. The primary resident ingress/egress would be via a driveway1 within Gateway Plaza that is accessible via Anacapa Drive. The resident access driveway would be located on the south side of the building with direct access to the upper parking level. Once inside the parking structure, residents and visitors would encounter sliding gates and a call box allowing the ingress and egress of residents and guests. The design includes an area for vehicles to turn around prior to the gate in the event they need to exit the parking structure. Along the façade of the building facing Anacapa Drive, would be the visitor entry where a one-way driveway would lead to the building’s motor court and drop off area. Vehicles could continue through the driveway to the one-way exit onto Anacapa Drive or continue via a one-way ramp down to the subterranean parking structure. An optional valet service would be offered in the morning and evening for guests and residents. The valet operations are detailed in the Circulation Plan (Attachment No. PC 3) that has been reviewed by the City Traffic Engineer. Setbacks The proposed setbacks identified in the Planned Community Development Plan mirror neighboring properties in order to provide a design that is consistent and compatible with surrounding development standards. The setbacks for the above grade levels along Anacapa Drive and Newport Center Drive are 15 feet, and along the southern and western property lines abutting Gateway Plaza, the setbacks are 0 feet. Although the required setback is 0 feet for the southern and western property lines, approximately 19 feet would be provided above the podium. The below grade levels would be set back approximately 7 to 15 feet from the property line. The Planned Community Development Plan (PCDP) includes provision to allow decks, balconies, decorative architectural features (such as roof overhangs) to project into setback areas, but not over property lines. For example, the roof overhang on Newport Center Drive may extend up to 60 inches into the setback. Height The establishment of grade and associated height measurement is based on the neighboring PC-56 Planned Community methodology in order to provide consistency. 1 The Project site’s Preliminary Title Report states that the Project site is comprised of Parcel “A” and Parcel “B.” Parcel B is located to the south of the Project site and contains a non-exclusive easement for ingress and egress over Parcel “A” within the Gateway Plaza property immediately adjacent to the southern and western portion of the Project site. The right to access over Parcel “A,” PMB 76/32 is granted in the grant deed (Ins. No. 92-99183) transferring Parcel 1 of PMB 29/34 and the right to access over Parcel “A” of PMB 76/32. 9 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 7 According to the proposed PCDP for the project site, the measurement of height is taken from the building entrance at 167.75 feet North American Vertical Datum of 1988 (NAVD88) and established grade is defined at an elevation of 167 feet 9 inches (NAVD88). Using this established grade plane to measure height, the proposed building would be approximately 52 feet 11 inches from established grade or an elevation of 167.75 feet (NAVD88). Rooftop appurtenances may exceed the maximum building height by up to 7 feet and could include, but are not limited to, stairwell and elevator shaft housing, screened antennae, window washing equipment, and screened wireless communication facilities. The mechanical equipment for this project is planned to be sited in the interior of the two- level parking structure. Any rooftop appurtenances would not exceed 30 percent of the overall roof area and would be focused inward toward the interior of the building footprint adjacent to the elevator override and stairway. Additionally, architectural features may exceed the maximum building height by up to 2 feet. Parking Pursuant to the Zoning Code, the project provides the required 56 parking spaces for the residences, 14 residential guest or employee parking spaces, and 12 surplus spaces. All of the parking is provided on-site within the assigned/private residential two-car garages and open guest parking stalls. Temporary valet parking spaces would be located along the Anacapa driveway motor court. An additional parking space would be used for loading and deliveries. In total, there would be four temporary parking spaces along the Anacapa driveway motor court. After 5 p.m., the receiving area on the upper level of the parking garage could be used by valet staff to store guest vehicles. Emergency Access Emergency vehicles would stage along Anacapa Drive. The staging area will be marked for exclusive use by the Fire Department. Delivery, Trash, and Moving Trucks The proposed building has been designed to accommodate and provide access for delivery trucks, moving trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Delivery trucks (FedEx, UPS, Amazon, etc.) will primarily utilize the guest entry off of Anacapa Drive, while refuse collections vehicles will load trash via a scout truck along the south driveway. The trash collectors may also roll out the trash containers in lieu of a scout truck. The drive aisle along the southern part of the building where the trash trucks will stage is wide enough to accommodate through traffic, which would allow vehicles entering Gateway Plaza to pass the trash trucks if needed. 10 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 8 Larger deliveries (furniture, appliances, etc.) or moving vans would utilize the on-site loading area near the parking garage entry. The project design includes freight elevators to ensure that residents can safely move in/out and staff can adequately service the building. As conditioned, vehicles larger than 30 feet in length would be prohibited from accessing the site once construction is complete. Landscaping Substantial landscaping is provided throughout the site in areas that are not utilized by the residential units or areas for parking circulation. All setback areas are landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help soften and buffer the massing of the condominium units and podium at ground level. In particular, landscaping buffers have been provided along the western property line to screen the pool area for the residents and soften the appearance of the podium wall from the Gateway Plaza parking lot. New street trees are proposed along Anacapa Drive and will be subject to the review of the Municipal Operations Division. The project is subject to the City’s Water-Efficient Landscape requirements (Newport Beach Municipal Code Chapter 14.17) and compliance will be confirmed at plan check prior to issuing building permits. Outdoor Areas and Recreational Amenities The PCDP requires a minimum of 5 percent of lot area for common open space and a minimum of 30 square feet per dwelling unit of private open space. The Project will provide a series of common outdoor living areas that includes a private dog run, entry court, and pool area. The units include terraces and patios for private outdoor space. The outdoor dog run is located in the southwest corner of the site and would be accessible via the walkway easement and associated sidewalk. Additional amenities in the proposed building would include but not be limited to a lobby, lounge, concierge area, offices, meeting room, catering kitchen, storage areas, and fitness facility or gym. Lighting Proposed exterior site lighting would be installed as necessary for safety, security, and ambiance, including lighting for parking areas, pedestrian walkways, architectural elements, and landscape features. The lighting design would consist of building wall- mounted light fixtures that would provide adequate security pursuant to the City’s Municipal Code without encroaching beyond the site boundary. All new outdoor lighting will be designed, shielded, aimed, located and maintained to shield adjacent uses/properties and to not produce glare onto adjacent uses/properties or roadways. Light fixtures on buildings will be full cut-off fixtures, meaning lighting elements will be 11 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 9 shielded. Light spillover may not exceed 1 foot-candle at the subject property line, which would be reviewed as part of the building permit process. DISCUSSION Land Use Amendments Amendments to the General Plan Land Use Plan and Zoning Code as well as the establishment of a Planned Community Development Plan are legislative acts. Neither the City nor State Planning Law sets forth required findings for approval or denial of such amendments. However, when making a recommendation to the City Council, the Planning Commission should consider applicable goals and policies to ensure internal consistency with the General Plan. The subsequent sections analyze consistency with the General Plan goals and policies, Charter Section 423, and the proposed Planned Community Development Plan. General Plan The existing General Plan Land Use Designation for the property is CO-R (Regional Commercial Office). The project site, all of Block 100 including the four corners of the block, are located within Anomaly 35 of the General Plan Table LU2 Anomaly Table. Table LU2 identifies the cumulative development limit for all properties within Anomaly 35, which is 199,095 square feet of commercial use. The applicant requests to amend the General Plan designation for the property from the existing CO-R (Regional Commercial Office) designation to the RM (Multiple Residential) designation, establishing a new anomaly in Table LU2 of the General Plan for 28 dwelling units. Because the project includes the removal of the existing commercial development (i.e. car wash), the existing Anomaly 35 will be reduced to reflect the removal of the 2,085- square-foot car wash. Therefore, Table LU2 will be updated to reflect a commercial development limit of 197,010 square feet for Anomaly 35 and the creation of a new Anomaly of 28 dwelling units. The proposed RM land use designation is intended primarily for multi-family residential development containing attached or detached dwelling units. The resulting density is approximately 23 dwelling units per acre. The applicant’s goal of the proposed land use amendment is to create a residential community that is complementary to and supports the vibrancy of the existing retail and professional office uses in Newport Center. Land Use Goals and Policies The General Plan identifies Newport Center/Fashion Island as a sub-area and it includes goals and policies specific to this area. A complete consistency analysis of each of the applicable General Plan policies is included in the Draft Environmental Impact Report beginning on Page 4.8-12 of the document (Table 4.8-2). The analysis concludes that the 12 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 10 project is consistent with each of the adopted goals and policies. The following discussion highlights a finding of consistency in the policies applicable to development in Newport Center. Goal LU 6.14 of the General Plan states Newport Center is intended to provide: “A successful mixed-use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian-friendly environment.” The proposed land use amendment is in furtherance of this goal by providing additional opportunities for residents to live close to existing jobs, commerce, entertainment, and recreation in Newport Center. The property’s location directly across the street from Fashion Island particularly lends itself towards this goal. Residential development at this location would foster a pedestrian-friendly environment by placing these uses within easy walking distance of each other. A variety of building heights in Newport Center are allowed by General Plan and implemented through Planned Communities, the Zoning Code, and discretionary approvals. The guiding policy for building height in Newport Center is General Plan Policy LU6.14.4 Development Scale, which states the following: “Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1)” An extensive aesthetics analysis has been provided in the Draft EIR section 4.1, Aesthetics, which evaluated the proposed height of the building in relation to surrounding land uses and included visual simulations to evaluate the project within its existing context. The Project’s proposed building mass is architecturally well-articulated and although the building height is taller than buildings on adjacent parcels, the proposed height is comparable to other buildings in the surrounding area. The proposed building would have a significantly scaled-down mass and height compared to the buildings positioned closer to San Joaquin Hills Road. Buildings at the opposite side of Fashion Island (northeasterly) are greater in height and mass, with office towers at 21 stories/300 feet. There are 13 buildings within Newport Center that are seven stories or more (greater than 100 feet). The proposed project is approximately 53 feet height, which is consistent with the General Plan Policy LU6.14.4 that emphasizes the concentration of building mass and height in the northeasterly section of Newport Center. 13 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 11 General Plan Policy LU 1.6, Public Views, states, “Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1)” City policies protect public views and do not protect views from private property. The project site is not subject to Sight Plane View Ordinance No. 1371 that applies to properties to the south across Civic Center Drive. In the viewshed of the Pacific Ocean as seen from Civic Center Park, the project site is partially visible. However, the project is mostly blocked from view by intervening structures. The project would appear lower in profile than the horizon ocean view. As analyzed in the Draft EIR, implementation of the proposed project would have less than significant impact on scenic ocean views. The project is not visible from the General Plan designated Coastal View Roads including MacArthur Boulevard or Avocado Avenue, where the public is afforded views of the Pacific Ocean. Additionally, the project would not be visible from the segment of Newport Center Drive that is designated a Coastal View Road, as views are towards the ocean in the opposite direction of the project site. Charter Section 423 Council Policy A-18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter (known as “Greenlight”). If a General Plan Amendment (separately or cumulatively with other GPAs within the previous 10 years in the same General Plan Statistical Area) exceeds one or more of the thresholds below, then a vote of the electorate is required should the City Council approve the GPA: • 100 peak hour trips (a.m. or p.m.); • 40,000 square feet of non-residential floor area; or • 100 dwelling units The proposed project is the third General Plan Amendment in Statistical Area L1 within the last 10 years, including the approved Newport Beach Country Club Clubhouse (PA2008-152) and Vivante Senior Housing (PA2018-185) projects. The proposed amendment results in 28 additional dwelling units and there is no change in the square footage of non-residential floor area. The 28 additional dwelling units result in a net increase of 3.3 a.m. peak hour trips and 2.3 p.m. peak hour trips based on the commercial blended trip rate (for existing uses) and High-Rise Residential Condominium/Townhouse trip rate for the proposed use, as provided in Council Policy A-18. Therefore, the project individually does not exceed the Charter Section 423 thresholds to require a vote should the proposed General Plan Amendment be approved by the City Council. 14 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 12 Furthermore, including 80 percent of prior General Plan amendments from the last 10 years with the proposed project (i.e. cumulative analysis), results in a total increase of 16,800 square feet of nonresidential floor area, 25 a.m. peak hour trips, 44 p.m. peak hour trips, and 100 residential dwelling units for Statistical Area L1. As none of the thresholds specified by Charter Section 423 are exceeded using the cumulative analysis, no vote of the electorate is required if the City Council chooses to approve General Plan Amendment No. GP2020-001. The analysis is summarized in Table 1. Table 1: Charter Section 423 Analysis Summary Statistical Area L1 Increase in Allowed Floor Area (s.f.) Increase in A.M. Peak Hour Trips Increase in P.M. Peak Hour Trips Increase in Allowed Dwelling Units Prior Amendments (80%) 1. NB Country Club (Clubhouse) GP2008-005 (PA2008-152) 2. Vivante Senior Housing GP2018-003 (PA2018-185) 21,000 0 (Reduction: 45,028 to 16,000) N/A 26 N/A 52 0 90 80% of Prior Projects 16,800 20.8 41.6 72 Proposed Project 0 3.3 2.3 28 Cumulative + Project2 16,800 24 44 100 Section 423 Thresholds 40,000 100 100 100 Vote No No No No If the proposed General Plan Amendment is approved by City Council, this amendment will become a prior amendment and 80 percent of the increases will be tracked for the next 10 years. Zoning Code – Planned Community PC-57 Residences at Newport Center Under existing conditions, the Project site is within the “Office - Regional (OR)” Zoning District. The “OR” Zoning District is intended to provide for areas appropriate for corporate offices, administrative and professional offices that serve local and regional markets, with limited accessory financial, retail, service, and entertainment uses. The proposed PC-57 (Residences at Newport Center Planned Community) District meets the intent and purpose for a Planned Community (PC) as specified in Newport Beach Municipal Code (NBMC) Section 20.56.010 (Planned Community District Procedures, Purpose) given its location in the Newport Center area which includes a mixture of 2 Totals are rounded to the nearest whole number. 15 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 13 shopping, hotels, commercial support uses, professional offices, and residential developments that cumulatively contain the ingredients of a planned community. The proposed PC District adds to this diversity assisting the City in larger scale community planning. The proposed PC-57 (Residences at Newport Center Planned Community) Zoning District would establish appropriate site and project specific setbacks, density, and height limits to the project site given the site’s urban location. All required parking is provided on-site. The site is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures, conditions of approval, and the mitigation measures identified in the Environmental Impact Report and contained in the Mitigation Monitoring and Reporting Program. Waiver of Minimum Acreage Requirements The proposed project consists of approximately 1.26 acres. Pursuant to NBMC Section 20.56.020 (Area Requirements), the minimum area for a planned community is 10 acres of improved land. The Council may waive these minimum acreage requirements upon request and a waiver would be necessary to establish the proposed PC. A Planned Community is appropriate for the proposed project to ensure broader coordination and consistency with the surrounding neighborhood, including a higher level of architectural quality supporting a coastal living environment with pedestrian connectivity. The waiver takes into account the broader context of Newport Center as a whole. The proposed project is located within a larger urban development pattern where adjusted development standards are appropriate for the urban site to ensure the project site remains compatible with the greater neighborhood. The Residences at Newport Center Planned Community would provide for a coordinated, comprehensive project and would establish a specific set of standards and procedures for implementation and continuation of the mixed-use area consistent with surrounding uses. Thus, staff suggests that the Planning Commission recommend the City Council approve a waiver of the minimum site area in order to establish the proposed Planned Community for the project. Major Site Development Review Redevelopment of the project site is subject to a site development review to determine compliance with all applicable development standards of the proposed PCDP. Pursuant to Section 20.52.080 (Site Development Review) of the Zoning Code, residential developments of five or more units that are processed in conjunction with a tentative tract map require a major site development review by the Planning Commission. The required findings for approval of a site development review must identify that: the project is allowed within the subject Zoning District, that the project will not be detrimental to the harmonious and orderly growth of the City, and that the project is in compliance with applicable criteria 16 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 14 including compliance with the General Plan, the Zoning Code, and any applicable specific plan, the efficient arrangement of structures on-site, the compatibility in terms of bulk, scale, and aesthetic treatment, the safety of pedestrian and vehicular access, the adequacy of landscaping and open space area, and the projection of significant public views. The draft resolution provided in Attachment No. PC 1 provides a detailed discussion of the facts in support of findings for the Major Site Development Review. A summary of the facts has been provided below. • The building’s material palate consists of neutral stone and glass building façade compatible with the surrounding development in Newport Center. The design will complement, enhance, and be compatible with the adjacent retail and office properties. Massing offsets, variations of roof line, varied textures, recesses, articulation, and design accents on the elevation are integrated to enhance the expression of a contemporary architectural style. The proposed patios along Newport Center Drive have been set back from the property line and create visual interest and modulation of form for pedestrians and motorists along Anacapa Drive. • The project does not change any street parking configurations, as there is no street parking provided on Anacapa Drive or Newport Center Drive adjacent to the site. The recently constructed bike lane on Anacapa Drive would not be impacted as part of the project and the Applicant would reconstruct the sidewalks along Anacapa and Gateway Plaza driveway to provide adequate pedestrian access. The City Traffic Engineer has reviewed the draft plans and determined that the proposed project provides adequate sight distance at each driveway, access through the Gateway Plaza driveway would allow efficient resident vehicular access, and the project would not impact users of Gateway Plaza during once constructed. In summary, the proposed land use changes at 150 Newport Center Drive maximize the efficiency of the project site and provide for a coordinated and comprehensive project establishing an urban standard more consistent with the project’s location within the larger commercial and mixed-use Newport Center area. The project is designed to be consistent with the proposed Planned Community Development Plan that would allow 28 residential units. Vesting Tentative Tract Map The proposed project includes a request to establish a 28-unit residential condominium tract (Exhibit H of Attachment No. PC 1). Section 19.12.070 (Required Findings for Action on Tentative Maps) of the City of Newport Beach Municipal Code provides required findings for approval of a tentative tract map. These findings include: consistency with the 17 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 15 General Plan and any applicable specific plan, that the site is physically suitable for development, that proposed improvements are not likely to cause substantial environmental damage to fish, wildlife, or their habitat, or cause serious health problems, that the project will not conflict with easements, a “land project,” solar access and passive heating requirements, the City’s share of the regional housing need, or the discharge of waste into the sewer system, and finally, that the project will conform with the public access and recreation policies of the Coastal Act. The draft resolution provided in Attachment No. PC 1 provides a detailed discussion of the facts in support of each of the findings for the approval of the proposed Tentative Tract Map. A summary of the facts has been provided below. • Under existing conditions, the project site and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. • The General Plan estimates that future traffic noise exposure will be 65 dB CNEL to the nearest residential facades to Newport Center Drive and identifies that residential uses are normally compatible or compatible with noise insulation features included in the design. • The tract map will reduce the width of the existing 18-foot-wide private walkway easement at the south edge of the site to 10 feet in width to accommodate the location of new structures as part of the development. Pedestrian access would continue to be provided via a sidewalk along the front of the parking structure within the private easement. The existing sidewalk easement along Anacapa Drive would remain as part of the project. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. • Public Works staff has reviewed the proposed tentative tract map and believes it is consistent with the Newport Beach Subdivision Code (Title 19) and applicable requirements of the Subdivision Map Act. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks, two new driveways along the Anacapa Drive frontage, and street trees will be required of the applicant per the Municipal Code and the Subdivision Map Act. A common sewer and water connection will be provided for the project as approved by the Public Works Department that will connect to an existing 12-inch main in Anacapa Drive. • Lastly, the site is not located in the coastal zone and the finding related thereto is not applicable. For the reasons noted above, staff believes the required findings for the Tentative Tract Map can be made. 18 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 16 Development Agreement Although not required by the General Plan or NBMC, a voluntary development agreement has been requested by the applicant. The Development Agreement includes all the mandatory elements for consideration and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Section 65864 et seq. The termination date of the agreement is 10 years and this duration should be sufficient to implement the project. The Applicant has agreed to pay a public benefit fee to the City in the sum of $2,500,000, or $89,285.71 per residential dwelling unit. The developer is required to pay the Public Benefit Fee to the City at the time of the City’s issuance of the first building permit for the project. The Development Agreement allocates the total fee into the following categories: • $1,875,000 for any public purpose that the City determines to be in the public interest • $325,000 for affordable housing • $150,000 to fund services for those experiencing homelessness • $150,000 to fund public safety Unless otherwise provided by the development agreement, the ordinances, rules, plans and policies of the City of Newport Beach which govern permitted uses of land, the density of development, and the design, improvement and construction standards and specifications, applicable to development of the property subject to the development agreement, shall be those ordinance rules, plans and policies in force at the time of execution of the agreement. Fiscal Analysis The City’s consultant has prepared an independent fiscal impact model (Attachment No. PC 2) in accordance with General Plan Implementation Policies 12.1 and 12.2. The fiscal analysis uses the Newport Beach Fiscal Impact Model to help calculate revenue and cost impacts of the proposed project. This model was initially developed in support of the General Plan Update, which was adopted in 2006. The model has been updated to reflect FY 2021-2022 costs and revenues from the Proposed Newport Beach City Budget. The fiscal impact model calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes as well as a variety of user charges and fees. The fiscal analysis evaluates the proposed project as well as the alternatives identified in the Draft EIR. 19 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 17 According to the fiscal analysis, the proposed residential use of the site would generate a positive fiscal benefit from the City due to the building intensity and anticipated high value of the proposed development. The smaller residential alternative would also produce positive fiscal impacts, although a lesser intensive townhome alternative would generate less property tax per unit than the proposed condominiums. The office and restaurant alternatives (that comply with the existing General Plan and Zoning with the approval of a use permit), would also have a positive fiscal benefit, although much lower than the existing car wash use or the residential projects. In sum, the proposed project would provide the highest net fiscal impact to the City. Rescission of Use Permit No. 1461 If approved, the requested entitlements would create a change in circumstances (General Plan amendment to residential use) under which the site will no longer be improved with the infrastructure to accommodate a car wash use as authorized under Use Permit No. UP1461. The recommended action will rescind the existing use permit entitlement for all commercial activities associated with the carwash. Study Session Topics The following section provides a discussion of the remaining topical areas discussed at the Planning Commission study session that have not been addressed earlier in the report. Consistency of Materials Board and Plans The materials board and elevations in the plans have been updated to better reflect the intended design scheme of the project. Please see Attachment Nos. PC 3 and PC 4 for the materials board and project plans, respectively. Irvine Company Easements and Involvement The Irvine Company owns property adjacent to the project site. All off-site improvements that facilitate or support the project would be subject to review and approval by the Irvine Company (or other underlying property owner) per standard City procedure. Conditions of approval have been included to ensure that the property owner review improvements proposed on their property including the reconfigured driveway median within Gateway Plaza, the proposed vehicular intersection at the entrance of the parking garage, and a catch basin near the southwest corner of the site. The Irvine Company has reviewed the project as part of the draft EIR process and provided comments. The City and the Applicant have responded to their comments. The Irvine Company has not expressed any objections to the reduced private walkway easement on the south side of the property, which would be reduced from 18 feet to 10 feet to accommodate the proposed buildings. 20 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 18 Nuisances Related to Surrounding Restaurants The proposed project is located across the street from businesses currently operating as Muldoon’s Irish Pub located at 202 Newport Center Drive, Red-O Restaurant located at 143 Newport Center Drive, and Fig & Olive located at 151 Newport Center Drive, which feature open-air courtyards, live music, DJs, bands, food service, special events, and guests using adjacent parking lots. Because the proposed project would be located in this mixed-use environment of Newport Center, staff is recommending conditions of approval that require a deed notification, a written disclosure statement, and language included in the CC&Rs to ensure that adequate disclosure is provided to future tenants and owners regarding the possible nuisances. These conditions will ensure that future residents will be notified of potential nuisances inherent in the area. Furthermore, the project is designed to reduce noise levels of up to 65 dB CNEL from the adjacent Newport Center Drive. Similarly, the same attenuation methods used to reduce traffic noise would help reduce interior noise levels from surrounding businesses. As discussed in the Draft EIR Section 4.9 Noise, the proposed project would be required to comply with the minimum interior noise level standards of the NBMC (as well as State and Federal laws). The Draft EIR determined that the through the use of typical building construction methods and standard windows3, noise levels from Newport Center Drive would be adequately attenuated to comply with the interior noise level standards. Traffic The proposed project is forecasted to generate a maximum of 152 average daily trips, using the Multifamily Housing (Mid-Rise) (3-10 floors) ITE land use (ITE 221). The existing use generates 819 average daily trips and the proposed development results in a reduction of average daily traffic trips. Therefore, a traffic study pursuant to the Traffic Phasing Ordinance (TPO) is not required. An analysis of vehicle miles traveled (VMT) pursuant to CEQA has been provided in the Draft EIR. The updated CEQA Guidelines establish criteria for evaluating a project’s transportation impacts based on project type and using automobile VMT as the metric. The City of Newport Beach adopted its VMT thresholds of significance and published its updated City Council Policy K-3, “Implementation Procedures for the California Environmental Quality Act” on June 9, 2020. The more traditional level of service traffic study that measures traffic delay is no longer the metric for determining a significant impact under CEQA. The proposed project is a low trip generator (fewer than 300 trips per day) and is therefore screened out from further review pursuant to the City’s Council Policy K-3. No mitigation measures are required for this environmental topic. 3 The building requires a means of mechanical ventilation (i.e. air conditioning) so the windows may be closed. 21 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 19 A final Construction Management Plan is required as a condition of approval to ensure that short-term construction issues are properly addressed. Car Wash Displacement Under existing conditions, the Project site is the location of the “Newport Beach Car Wash.” The closest other car wash to the Project site is located near Jamboree and San Joaquin Hills Road, approximately 0.9 miles to the northwest of the Project site. There are a number of other car washes within 4.0 miles of the Project site, including but not limited to: • Newport Car Wash located at 3767 Birch St., Newport Beach • The Car Spa located at 1200 West Coast Hwy., Newport Beach; • Newport Coast Car Wash located at 4200 Birch St., Newport Beach; • Car-Wash Newport Beach located at 2285 Newport Blvd., Costa Mesa; • Beach Cities Car Wash located at 1645 Superior Ave., Costa Mesa; • Newport Car Wash & Detail Center located at 3793 Birch St., Newport Beach; and • Newport Mesa Car Wash & Services located at 2015 Harbor Blvd. #B, Costa Mesa. Customers of the existing car wash that would be demolished as part of the proposed Project would be able to get their cars washed at other car wash locations. However, because there is no data to indicate where the existing car wash customers are traveling from (point of origin) to reach the project site, or where these customers would choose to get their cars washed once the on-site car wash is closed, an analysis of trip displacement is not necessary as it is highly speculative and not based on any fact-based information. Tribal Consultation (AB-52 and SB18) Pursuant to SB 18, in January 2021, the Native American Heritage Commission (NAHC) conducted a Sacred Lands File (SLF) check on the Project site, the results of which were negative. The City of Newport Beach mailed and emailed notices regarding the proposed Project to all of the Native American tribes within the Project Site’s vicinity. The City received notification from two Native American tribes requesting to initiate consultation on the proposed Project including the Gabrieleno Band of Mission Indians – Kizh Nation and the Juaneno Band of Mission Indians, Acjachemnen Nation – Belardes. In compliance with Assembly Bill (AB 52) on December 7, 2020, the City of Newport Beach emailed notices regarding the proposed Project to all of the Native American Tribes that have requested consultation pursuant to AB 52. Notices were emailed to the Gabrieleno Band of Mission Indians – Kizh Nation, the Juaneno Band of Mission Indians, Acjachemnen Nation – Belardes, and the Gabrielino Tongva Tribe. The two tribes that requested to consult on the proposed Project were the Gabrieleno Band of Mission Indians – Kizh Nation and the Juaneno Band of Mission Indians, Acjachemnen Nation – Belardes. 22 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 20 Although the project site does not contain any known archaeological resources, there is a potential for uncovering archaeological resources (including tribal cultural resources) during construction. Therefore, the EIR includes mitigation measures to reduce potential impacts to less than significant levels. For example, the EIR includes mitigation measures to require that a qualified archaeological monitor and qualified Native American Tribal monitor are retained to monitor the project site during any ground disturbing construction activities. Environmental Review Prior to making an approval decision on the proposed project or a modified project, the Planning Commission must first review, consider, and recommend certification of the Environmental Impact Report (EIR), SCH No. 2020110087. The DEIR is comprised of the Notice of Preparation (NOP), Initial Study (IS), Environmental Analysis, Alternatives Analysis, and Appendices. The City contracted with T&B Planning, Inc., an environmental consulting firm, to prepare an Initial Study and Draft Environmental Impact Report (DEIR) for the proposed project in accordance with the CEQA and the State CEQA Guidelines. A copy of the DEIR was sent to the Planning Commission and also made available on the City’s website (http://www.newportbeachca.gov/ceqa), at each Newport Beach Public Library, and at the Community Development Department. Environmental topic areas for which the City concluded that impacts clearly would be less than significant and that did not warrant further analysis in this EIR include: 1) Agriculture and Forestry Resources; 2) Energy; 3) Hydrology and Water Quality; 4) Mineral Resources, 5) Population and Housing; 6) Public Services; 7) Recreation; 8) Utilities and Service Systems; and 9) Wildfire. The following environmental topics were identified as potentially affected by the implementation of the proposed project and were evaluated in the Draft EIR: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use and Planning, Noise, Transportation, and Tribal Cultural Resources. The document recommends the adoption of nine mitigation measures to reduce the potentially significant adverse effects to a less than significant level related to Biological Resources, Cultural Resources, Geology/Soils, and Tribal Cultural Resources. These mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included as Exhibit C of Attachment No. PC 1. No impacts were determined to be significant and unavoidable. The Draft EIR document was released for a 45-day public comment period from April 29, 2021, through June 13, 2021. The Draft EIR analyzed all CEQA topics and found that there would be no significant and unavoidable impacts resulting from the project. 23 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 21 On the basis of the analysis provided in the draft EIR, City staff has concluded that the project would not have a significant impact on the environment. The draft EIR reflects the independent judgment of the City and recognizes project design features, standard construction and engineering practices, compliance with Federal, State, and Local Laws, and standard conditions of approval for City projects. The project site does not include any sites on an Environmental Protection Agency hazardous waste site list pursuant to Government Code Section 65962.5. Staff received six comments on the Draft EIR from agencies and the public. The consultant and staff have prepared detailed written responses to each of the comments received on the adequacy of the DEIR, which are included as Exhibit B of Attachment No. PC 1. Corrections and additions to the DEIR are also provided to incorporate additional or revised information required for the preparation of responses to certain comments. The revisions do not alter any impact significance conclusion disclosed in the DEIR, and therefore, do not warrant recirculation of the DEIR for public review. The revisions to the DEIR will be incorporated into the Final EIR, if certified. Summary The project would result in the redevelopment of an under-utilized and aging site with a new residential project that is consistent with the General Plan goals and policies for development of the Newport Center area. Although not currently zoned for residential use, the land use change at 150 Newport Center Drive creates a functional residential project that integrates residential uses into the surrounding commercial uses within Newport Center. It should be noted that Newport Center accommodates residential uses, with the Colony Apartments, Meridian development, Vivante Senior Housing, and Villas Fashion Island. The project exhibits high quality architectural treatment of the building and given the constraints of the property, the recommended height (53 feet to top of roof with additional height for rooftop appearances) and setbacks are reasonable and consistent with the General Plan policies and proposed Residences at Newport Center development standards. The resulting project is consistent with the development pattern and setback standards within Newport Center and enhance pedestrian connections along the project’s street frontages. The proposed project results in a development that is compatible and consistent with the surrounding neighborhood in terms of bulk and scale. Therefore, as conditioned, staff recommends that the Planning Commission recommend City Council approval of the proposed legislative land use changes and Planned Community Development Plan, including waiver of the 10-acre minimum, as well as acceptance of the Development Agreement. Staff also recommends approval of the Site Development Review and Tract Map applications subject to the conditions of approval contained within the resolution. 24 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 22 Alternatives Should the Planning Commission choose to recommend an alternative action, the project should be continued to another Planning Commission Hearing date to allow staff to draft a new resolution. The following Alternatives are available to the Planning Commission: Recommend Denial If the Planning Commission does not believe the facts in support of findings can be made, they may provide instruction or evidence to staff regarding the facts in support of denial. Staff would return to the Planning Commission with a draft resolution for denial. Recommend Modified Project Design The Planning Commission may require or suggest specific design changes that are necessary to alleviate any areas of concern. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings and/or conditions. The Planning Commission may suggest project modifications up to the maximum 53-foot, 28 dwelling unit project contemplated by the draft EIR. If suggested modifications are significant, then further environmental analysis may be required. 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. The environmental review process has also been noticed consistent with the California Environmental Quality Act. Prepared by: Submitted by: ______________________________ Liz Westmoreland, Associate Planner 25 Residences at Newport Center (PA2020-020) Planning Commission, August 19, 2021 Page 23 ATTACHMENTS PC 1 Draft Resolution with Exhibits A-I PC 2 Fiscal Impact Study PC 3 Circulation Plan PC 4 Materials Board PC 5 Project Plans 26 Attachment No. PC 1 Draft Resolution with Exhibits A-I 27 INTENTIONALLY BLANK PAGE28 RESOLUTION NO. PC2021-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT NO. ER2021-002 (SCH NO. 2020110087), APPROVE GENERAL PLAN AMENDMENT NO GP2020-001, ZONING CODE AMENDMENT NO. CA2020-008, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2020-001, MAJOR SITE DEVELOPMENT REVIEW NO. SD2020-001, TENTATIVE TRACT MAP NO. NT2020-001, AND DEVELOPMENT AGREEMENT NO. DA2020-001 FOR A 28-UNIT MULTI-FAMILY RESIDENTIAL DEVELOPMENT AND RESCIND USE PERMIT NO. UP1461 FOR THE PROPERTY LOCATED AT 150 NEWPORT CENTER DRIVE (PA2020-020) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Center Anacapa Associates, LLC. (“Applicant”), with respect to property located at 150 Newport Center Drive and legally described in Exhibit “A,” which is attached hereto and incorporated herein by reference (“Property”). 2. The Applicant requests approval to demolish an existing 2,085-square-foot car wash, convenience market, and gas station to accommodate the development of a four (4)-story structure consisting of 28 condominium units and common space amenity areas over a two (2)-level below-grade parking garage (“Project”). The following discretionary approvals are requested: • General Plan Amendment No. GP2020-001 – to change the Property’s land use designation from Regional Commercial Office (CO-R) to Multiple Residential (RM) and create a new Anomaly Location for the Property that authorizes a maximum development density of 28 dwelling units; • Zoning Code Amendment No. CA2020-008 – to change the site’s zoning classification from Office Regional (OR) to Planned Community (PC) District; • Planned Community Development Plan No. PC2020-001 - to establish land uses and development standards for the Property. In order to establish a planned community development plan, a waiver of the minimum site area of 10 acres of developed land is necessary; • Major Site Development Review No. SD2020-001 – to allow for the development of a four (4)-story structure containing 28 luxury condominium units and common space areas over a two (2)-level below-grade parking garage; 29 Planning Commission Resolution No. PC2021-024 Page 2 of 32 01-25-19 • Tentative Tract Map No. NT2020-001 – to establish a 28-unit residential condominium subdivision map on the 1.26-acre Property that would allow each unit to be sold individually; • Development Agreement No. DA2020-001 – to provide the Applicant with the vested right to develop the Project subject to the rules and regulations in effect at the time of Project approval and to provide the City with assurance that certain obligations of the Applicant will be met, including public benefit fees; • Environmental Impact Report No. ER2021-002 (EIR) - to disclose reasonably foreseeable environmental impacts resulting from the legislative and project specific discretionary approvals, the City has determined that an Initial Study and Environmental Impact Report are warranted for this project pursuant to California Public Resources Code Section 23000 et seq. (“CEQA”), Title 14, Division 6, Chapter 3 of the California Code of Regulations (“CEQA Guidelines”), and City Council Policy K-3; and • Rescind Use Permit No. UP1461 – rescind use permit since the Project will replace the operation of a car wash on-site. 3. The Property is designated Regional Commercial Office (CO-R) by the City of Newport Beach General Plan (“General Plan”) Land Use Element and is located within the Office Regional (OR) Zoning District. 4. The Property is not located within the coastal zone. 5. The Planning Commission held a public hearing on August 19, 2021 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 15.45 (Development Agreements), 19.12 (Tentative Map Review), 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. A draft Environmental Impact Report (“DEIR”) (SCH No. 2020110087) set forth Exhibit “B,” which is attached hereto and incorporated herein by reference, has been prepared in compliance with CEQA, CEQA Guidelines, and City Council Policy K-3. 2. The DEIR was circulated for a 45-day comment period beginning on April 29, 2021 and ending on June 13, 2021. The DEIR, comments, and responses to the comments (“Final EIR/FEIR”) were considered by the Planning Commission in its review of the Project. 3. On the basis of the entire environmental review record, the Project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on human beings that would be caused. 30 Planning Commission Resolution No. PC2021-024 Page 3 of 32 01-25-19 Additionally, there are no long-term environmental goals that would be compromised by the Project, nor cumulative impacts anticipated in connection with the Project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program (“MMRP”) set forth Exhibit “C,” which is attached hereto and incorporated herein by reference, are feasible and will reduce the potential environmental impacts to a less than significant level. 4. 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. SECTION 3. REQUIRED FINDINGS. General Plan and Zoning Code Amendments 1. Amendments to the General Plan and Title 20 (Planning and Zoning) are legislative acts and neither the NBMC, including Chapter 20.56 (Planned Community Development District Procedures) of Title 20 (Planning and Zoning) of the NBMC, nor the State of California including 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. 2. General Plan Amendment No. GP2020-001 and the resulting land use change are compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential land uses in Newport Center which includes a diverse mix of land uses. Additionally, even with the conversion from CO-R to RM, the building will be compatible with adjacent commercial properties in terms of bulk, scale, setbacks, architectural style, and pedestrian connectivity. Additional residential development would support commercial properties within Newport Center such as Fashion Island. 3. General Plan Amendment No. GP2020-001 from CO-R to RM does not eliminate existing or future land uses to the overall detriment of the community given the site’s size, location, and surrounding uses. Maintaining the Property’s CO-R land use designation would require redevelopment or major improvements to the Property to accommodate other commercial uses. 4. General Plan Amendment No. GP2020-001 and the resulting land use change are consistent with applicable land use policies of the General Plan. In-keeping with General Plan Policy LU 6.14 (Newport Center), the Property is located in an area of Newport Center where multi-family uses are encouraged to produce opportunities to live close to jobs, commerce, entertainment, and recreation. Consistent with General Plan Policy LU 31 Planning Commission Resolution No. PC2021-024 Page 4 of 32 01-25-19 3.3 (Opportunities for Change), the project would provide opportunities for improved development and enhanced environments for residences in the Fashion Island/Newport Center area and add 28 condominium units in proximity to jobs, and services. Further, the project would not increase the amount of office uses in the area. 5. The size, density and character of the proposed dwelling units complement the existing land uses in the project area and include design elements consistent with Land Use Element Policy 5.1.9 (Character and Quality of Multi-Family Residential) that require multi-family dwellings to be designed to convey a high-quality architectural character. Consistent with General Plan Policy LU 6.2.1 (Residential Supply), the provision of 28 dwelling units on the site would accommodate Newport Beach population needs identified in the General Plan Housing Element and accommodate market demand for residential uses. 6. The Property is located in an area of the City that has sufficient utilities systems to serve the Project. 7. Council Policy A-18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter (known as “Greenlight”). If a General Plan Amendment (separately or cumulatively with other GPAs within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. 8. The Project is the third General Plan Amendment in Statistical Area L1 within the last 10 years, including the approved Newport Beach Country Club Clubhouse (PA2008- 152) and Vivante Senior Housing (PA2018-185) projects. The proposed amendment results in 28 additional dwelling units and there is no change in the square footage of non-residential floor area. The 28 additional dwelling units result in a net increase of 3.3 a.m. peak hour trips and 2.3 p.m. peak hour trips based on the commercial blended trip rate (for existing uses) and High-Rise Residential Condominium/Townhouse trip rate for the proposed use, as provided in Council Policy A-18. Therefore, the Project individually does not exceed the Greenlight thresholds. Furthermore, including 80 percent of prior General Plan amendments from the last 10 years with the proposed project (i.e. cumulative analysis), results in a total increase of 16,800 square feet of nonresidential floor area, 25 a.m. peak hour trips, 44 p.m. peak hour trips, and 100 residential dwelling units for Statistical Area L1. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve General Plan Amendment No. GP2020-001. 9. The proposed PC-57 (Residences at Newport Center Planned Community) District meets the intent and purpose for a PC as specified in NBMC Section 20.56.010 (Planned Community District Procedures, Purpose) given its location in the Newport Center area which includes a mixture of shopping, hotels, commercial support uses, professional offices, and residential developments that cumulatively contain the ingredients of a 32 Planning Commission Resolution No. PC2021-024 Page 5 of 32 01-25-19 planned community. The proposed PC District adds to this diversity assisting the City in larger scale community planning. 10. The proposed PC-57 (Residences at Newport Center Planned Community) Zoning District would establish appropriate site and project specific setbacks, density, and height limits to the Property given the site’s urban location. All required parking is provided on-site. The site is fully developed and does not support any natural resources and all potential environmental impacts associated with the project are appropriately addressed through standard building permit procedures, conditions of approval, and the mitigation measures identified in the Environmental Impact Report and contained in the Mitigation Monitoring and Reporting Program. 11. The future development of the Property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan; and will be consistent with the purpose and intent of the proposed Residences at Newport Center Planned Community (PC) Zoning District of the NBMC. 12. A voluntary development agreement has been requested by the Applicant as the Project would add new residential dwelling units within Statistical Area L1 (Newport Center). The Development Agreement includes all the mandatory elements for consideration and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Section 65864 et seq. Site Development Review A site development review is required for the construction of five (5) or more residential units processed in conjunction with a tentative tract map. The site development review analyzes the project as a whole for compatibility with the site and surrounding land uses. In accordance with Section 20.52.080(F) (Site Development Review) of the NBMC, the following findings and facts in support of a site development review are set forth: Finding: A. Allowed within the subject Zoning district; Fact in Support of Finding: 1. The proposed Site Development Review for a 28-unit condominium project is consistent with the proposed Planned Community Development Plan that allows 28 residential units. Finding: B. In compliance with all of the applicable criteria in [NBMC Subsection 20.52.080(C)(2)(c)]: 33 Planning Commission Resolution No. PC2021-024 Page 6 of 32 01-25-19 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 development; 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 Protections); and Facts in Support of Finding: 1. Refer to Facts 1 through 12 under General Plan and Zoning Code Amendments, above that discuss the Project’s consistency with the proposed Multiple-Unit Residential (RM) General Plan land use designation and the PC-57 (Residences at Newport Center Planned Community Development Plan) Zoning District. 2. The building’s material palate consists of neutral stone and glass building façade compatible with the surrounding development in Newport Center. The design will complement, enhance, and be compatible with the adjacent retail and office properties. The exterior will be comprised predominantly of stone base, stone cladding, metal finishes and glass. Massing offsets, variations of roof line, varied textures, recesses, articulation, and design accents on the elevation are integrated to enhance the expression of a contemporary architectural style. 3. The 28-dwelling-unit Project has been designed as a four (4)-story building structure with two (2) enclaves that provide for effective private open space, light, and air for each unit. The Project is integrated as a unified development through the use of similar architectural style and design elements, on-site parking, and adequate vehicular and pedestrian circulation with adjacent properties. 4. The proposed setbacks along each street frontage are appropriate to support pedestrian connectivity within Newport Center and reduce the appearance of bulk. All entry level residential units are oriented toward adjacent streets to maximize the pedestrian relationship of the development to the surrounding Newport Center area. The street setbacks are consistent with surrounding zoning districts and afford a greater interface with the adjacent rights-of-way to ensure compatibility with the pedestrian environment. 5. The proposed patios along Newport Center Drive have been set back from the property line and create visual interest and modulation of form for pedestrians and motorists along Anacapa Drive. The patio walls include solid and glass elements to reduce the appearance of bulk, and the series of small retaining planter walls create a gradation of 34 Planning Commission Resolution No. PC2021-024 Page 7 of 32 01-25-19 height from the sidewalk up to the residential units. Private terraces are provided on the upper floors, in varying locations to create visual interest and provide additional building articulation through the use of functional outdoor areas. 6. The height, bulk, and scale of the residential building are comparable to height limits on surrounding properties and existing building heights in the southern half of Newport Center. The building is designed to provide variation and modulation between the two main buildings for visual interest and relief. The front façades include both vertical and horizontal off-sets and utilize a variation of building materials to provide enhanced visual relief. The massing of the Project is broken up into two (2) distinct mid-rise structures, breaking up building massing. 7. Mechanical equipment for the residential units has been located within the parking garage as well as enclosures at the roof level to reduce noise impacts and minimize aesthetic impacts. The rooftop equipment, stairways, and elevator overrun are located in the center of the roof to reduce the appearance of bulk and height. 8. The Project has been designed to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts. The podium wall provides a buffer between the proposed residential units and the adjacent commercial development to the south and west of the Property and is designed to maintain privacy and protection for the residential tenants. 9. Walkways and egress are sufficient throughout the site as reviewed by the Building Division and the City Traffic Engineer. Existing pedestrian easements will be maintained at an appropriate width along the southern property line and along Anacapa Drive to ensure adequate access across the site. 10. Pursuant to Title 20 (Planning and Zoning) of the NBMC, the Project provides the required 56 parking spaces for the residences, 14 residential guest or employee parking spaces, and 12 surplus spaces. All of the parking is provided on-site within the assigned/private residential two (2)-car garages and open guest parking stalls. 11. On-site circulation, project access, and parking areas are designed to provide standard- sized parking spaces, minimum 26-foot-wide (two [2]-way) driveways, and the minimum vehicle turning radius to provide adequate access for residents and guests (including accessible parking stalls), emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. 12. The Project does not change any street parking configurations, as there is no street parking provided on Anacapa Drive or Newport Center Drive adjacent to the site. The recently constructed bike lane on Anacapa Drive would not be impacted as part of the Project. The site design provides two (2) new curb cuts with guest ingress and egress access from Anacapa Drive. The Project utilizes an existing driveway at the south of the Property for primary resident access. The Project provides adequate sight distance at each driveway, as determined by the City Traffic Engineer. 35 Planning Commission Resolution No. PC2021-024 Page 8 of 32 01-25-19 13. Substantial landscaping is provided throughout the site in areas that are not utilized by the residential units or areas for parking circulation. All setback areas are landscaped. A variation of ornamental groundcover, vines, shrubs, and trees are utilized to help soften and buffer the massing of the condominium units and podium at ground level. In particular, landscaping buffers have been provided along the western property line to screen the pool area for the residents and soften the appearance of the podium wall from the Gateway Plaza parking lot. 14. New street trees are proposed along Anacapa Drive and will be subject to the review of the Municipal Operations Division. 15. The Project is subject to the City’s Water-Efficient Landscape requirements (NBMC Chapter 14.17) and compliance will be confirmed at plan check prior to the issuance of building permits. 16. The proposed residential development provides a series of common outdoor living areas that include a private dog run, entry court, and pool area. The units include terraces and patios for private outdoor space. 17. In the viewshed of the Pacific Ocean as seen from Civic Center Park, the Property is partially visible. However, the Project is mostly blocked from view by intervening structures. The Project would appear lower in profile than the horizon ocean view. As analyzed in the Draft EIR, implementation of the Project would have a less than significant impact on scenic ocean views. 18. The Project is not visible from the General Plan designated Coastal View Roads including MacArthur Boulevard or Avocado Avenue, where the public is afforded views of the Pacific Ocean. Additionally, the Project would not be visible from the segment of Newport Center Drive that is designated a Coastal View Road, as views are towards the ocean in the opposite direction of the Property. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment consistent with development in Newport Center. 36 Planning Commission Resolution No. PC2021-024 Page 9 of 32 01-25-19 2. Emergency vehicles would stage along Anacapa Drive. The staging area will be marked for exclusive use by the Fire Department. 3. The proposed building has been designed to accommodate and provide access for delivery trucks, moving trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Delivery trucks will primarily utilize the guest entry off of Anacapa Drive, while refuse collections vehicles will load trash via a scout truck along the south driveway. The trash collectors may also roll out the trash containers in lieu of a scout truck. Larger deliveries or moving vans may utilize the on-site loading area near the parking garage entry. The Project includes the provision of freight elevators to ensure that residents can safely move in and staff can adequately service the building. 4. The size, design, location, and screening of the refuse enclosures will comply with the requirements of NBMC Section 20.30.120 (Solid Waste & Recyclable Materials Storage), ensuring compatibility with the on-site and adjacent uses. 5. The Project is forecasted to generate a maximum of 152 average daily trips, using the Multifamily Housing (Mid-Rise) (3-10 floors) ITE land use (ITE 221). The existing use generates 819 average daily trips and the proposed development results in a reduction of average daily traffic trips pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC (“TPO”) methodology. Therefore, a traffic study pursuant to the TPO is not required. 6. The Project is subject to the City’s Outdoor Lighting requirements contained within NBMC Section 20.30.070. A preliminary photometric plan has been provided and a final photometric plan will be required as a condition of approval prior to building permit issuance. 7. Mechanical equipment for each unit is fully enclosed within the parking garage or within the roof-top equipment screen and is not visible from the public right-of-way. 8. The new construction would comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval. Tentative Tract Map A tentative tract map is requested to allow the proposed 28 dwelling units to be sold individually as condominiums. In accordance with NBMC Section 19.12.070 (Required Findings for Action on Tentative Maps), the following findings and facts in support of a tentative tract map are set forth: Finding: D. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with the applicable provisions of the Subdivision Map Act and the City Subdivision Code. 37 Planning Commission Resolution No. PC2021-024 Page 10 of 32 01-25-19 Facts in Support of Finding: 1. Refer to Facts 1 through 12 under General Plan and Zoning Code Amendments, above, that discuss the Project’s consistency with the proposed Multiple-Unit Residential (RM) General Plan land use designation. 2. The Tentative Tract Map provides a cohesive development with a pattern of dwelling unit orientations and vehicle circulation that provides a pedestrian-friendly environment with strong connectivity to adjacent commercial and office areas. 3. The Public Works Department has reviewed the proposed tentative map and found it consistent with Title 19 (Subdivisions) of the NBMC and applicable requirements of the Subdivision Map Act as set forth in California Government Code Section 66410 et seq. 4. Conditions of approval have been included to ensure compliance with Title 19 (Subdivisions) of the NBMC. Finding: E. That the site is physically suitable for the type and density of development. Facts in Support of Finding: 1. The Property has a gentle sloping condition and the building design accommodates this slope with a podium wall at the south and west edge and larger building setbacks above the podium. The site is not located in a flood zone. The geotechnical feasibility study and geotechnical report will provide additional recommendations for construction of the Project to ensure the suitability for the proposed development that will be required for construction prior to the issuance of building permits. 2. The 1.26-acre site is large enough to accommodate 28 units while providing sufficient landscape setbacks, open space areas, as well as vehicle access and guest parking areas that meet applicable standards. The existing developed site is devoid of natural resources and it is located in an area that provides adequate access to roadways and utilities. 3. The General Plan estimates that future traffic noise exposure will be 65 dB CNEL to the nearest residential facades on Newport Center Drive and identifies that residential uses are normally compatible or compatible with noise insulation features included in the design. With appropriate noise control measures under conventional construction and design of the Project (e.g., closed windows, fresh air supply systems or air conditioning), the interior noise levels comply with the City and State interior noise standard of 45 dB CNEL for residential units. 38 Planning Commission Resolution No. PC2021-024 Page 11 of 32 01-25-19 Finding: F. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision-making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. Facts in Support of Finding: 1. Under existing conditions, the Property and surrounding land areas are fully developed with urban uses and do not contain sensitive biological resources. The vegetation that occurs on-site is ornamental in nature, including trees and ornamental shrubs, groundcover, and vines growing on the existing building’s facades and screen walls. A Mitigation Measure is provided in the MMRP to ensure adequate protection of nesting birds during the construction process. 2. No drainages traverse the property and no potential jurisdictional waters or wetlands areas are present on or immediately adjacent to the Property. 3. An environmental impact report (SCH No. 2020110087) was prepared for the Project. On the basis of the entire environmental review record, the Project will have a less than significant impact upon the environment with the incorporation of mitigation measures for biological resources, cultural resources, geology and soils, and tribal cultural resources. The mitigation measures identified in the DEIR are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applicable to the project through the MMRP. Finding: G. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Facts in Support of Finding: 1. At full build-out, air quality and Green House Gas (“GHG”) emissions associated with construction of the Project will be less than significant, as documented in the DEIR. 2. Mitigation measures identified in the DEIR reduce potential impacts associated with biological resources, cultural resources, geology and soils, and tribal cultural resources to a level that is less than significant. 3. No evidence is known to exist that would indicate that the planned subdivision pattern will generate any serious public health problems. 39 Planning Commission Resolution No. PC2021-024 Page 12 of 32 01-25-19 4. All construction for the Project complies with Building, Public Works, and Fire Codes. Public improvements will be required of the developer per NBMC Section 19.28.010 and Sections 66410 et seq. of the Subdivision Map Act. All ordinances of the City and all conditions of approval will be complied with. Finding: H. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the decision-making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. Facts in Support of Finding: 1. Public improvements, consisting of the reconstruction of the curb, gutter, and sidewalks, two (2) new driveways along the Anacapa Drive frontage, and street trees along Anacapa Drive will be required of the applicant per Title 19 (Subdivisions) and the Subdivision Map Act. A common sewer and water connection will be provided for the Project as approved by the Public Works Department that will connect to an existing main in Anacapa Drive. 2. The tract map will reduce the width of the existing 18-foot-wide private walkway easement at the south edge of the site to 10 feet in width to accommodate the location of new structures as part of the development. Pedestrian access would continue to be provided via a sidewalk along the front of the parking structure within the private easement. The design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 3. The tract map will maintain the existing 3-foot-wide public sidewalk easement at the east edge of the site along Anacapa Drive. An encroachment permit and agreement shall be required for the proposed low stone signage wall located within the sidewalk easement. The Project includes the reconstruction of the existing 6-foot-wide sidewalk. Finding: I. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will 40 Planning Commission Resolution No. PC2021-024 Page 13 of 32 01-25-19 result in residential development incidental to the commercial agricultural use of the land. Fact in Support of Finding: 1. The Property does not contain prime farmland, unique farmland, or farmland of statewide importance and no portion of the Property is covered by a Williamson Act contract. Finding: J. That, in the case of a “land project” as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project; and (b) the decision-making body finds that the proposed land project is consistent with the specific plan for the area. Fact in Support of Finding: 1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Property is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Property does not contain 50 or more parcels of land nor is it located within the boundaries of a specific plan. Finding: K. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Fact in Support of Finding: 1. Tentative Tract Map No. NT2020-001 and improvements are subject to Title 24 of the California Code of Regulations, referred to as the California Building Code or CBC, which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Community Development Department ensures compliance with the CBC through the plan check and inspection process. Finding: L. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City’s residents and available fiscal and environmental resources. 41 Planning Commission Resolution No. PC2021-024 Page 14 of 32 01-25-19 Fact in Support of Finding: 1. The Property is improved with commercial uses, and there are no residential units on the Property. The Project includes the construction of 28 new condominium units to contribute to the City’s population needs, and 28 units above what is planned for within the General Plan. The Applicant will be responsible for the payment of appropriate fair share traffic fees, San Joaquin Transportation Corridor fees, in-lieu park fees, and development agreement fees for the construction of these new dwelling units as conditions of approval. Finding: M. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Facts in Support of Finding: 1. A National Pollutant Discharge Elimination System (“NPDES”) permit is required from the Regional Water Quality Control Board (“RWQCB”) for the proposed construction activities. A permit is required for all construction activities that include clearing, grading, and/or excavation that disturb at least 1 acre of total land area. Additionally, a Preliminary Water Quality Management Plan (“WQMP”) has been prepared, pursuant to the requirements of the NPDES permit. 2. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a stormwater pollution prevention plan (“SWPPP”) for construction-related activities, which would specify the Best Management Practices (“BMP”) that the Project would be required to implement during construction activities to ensure that all potential pollutants of concern (including sediment) are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the Property. 3. Sewer connections will be installed per City Standards, the applicable provisions of NBMC Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 4. There is adequate sewer system capacity to serve the requirements of the Project. The Project is able to tie into the existing sewer system without adversely affecting the system, causing any water quality affects, or violating existing requirements prescribed by the Regional Water Quality Control Board. Wastewater from the Project will be generated by the residential users. There will be a reduction in wastewater from the site with the demolition of the existing car wash and construction of the proposed dwelling units. 5. NBMC Section 14.24.020 (Dwelling Unit and Business Structure Sewer Connection Required) requires each dwelling unit to maintain individual water meter and sewer 42 Planning Commission Resolution No. PC2021-024 Page 15 of 32 01-25-19 connections. The Project has received a waiver of this requirement from the Utilities Director since the units are located in one (1) building and will together connect to the existing water and sewer systems. Finding: N. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. Fact in Support of Finding: 1. The Property is not located within the Coastal Zone. Rescission Rescission of Use Permit No. UP1461 is requested for the existing car wash on site. In accordance with NBMC Section 20.68.050 (Review Authority’s Action), the following finding and fact in support of the revocation are set forth: Finding: O. The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications. Fact in Support of Finding: 1. The entitlements authorized by this resolution would create a change in circumstances (General Plan amendment to RM) under which the site will no longer be improved with the infrastructure to accommodate a car wash use as authorized under Use Permit No. UP1461. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the following to the City Council: a. Certify the Environmental Impact Report No. ER2021-002 (SCH No. 20200110087) and Mitigation Monitoring and Reporting Program attached as Exhibits “B” and “C”; b. Approve General Plan Amendment No. GP2020-001 attached as Exhibit “D”; c. Zoning Code Amendment No. CA2020-008 attached as Exhibit “E”; 43 Planning Commission Resolution No. PC2021-024 Page 16 of 32 01-25-19 d. Planned Community Development Plan No. PC2020-001 attached as Exhibit “F”; e. Development Agreement No. DA2020-001 attached as Exhibit “G”; f. Tentative Tract Map No. NT2020-001 subject to the conditions of approval attached in Exhibit “I” and map depicted in Exhibit “H”; g. Major Site Development Review No. SD2020-001 with conditions of approval attached as Exhibit “I”; and 2. Rescind Use Permit No. 1461, which upon vesting of the rights authorized by this approval, shall become null and void. Upon vesting of the rights authorized by above approvals, all prior existing use permits Use Permit No. 1461 shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF AUGUST, 2021. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Lee Lowrey, Chairman BY:_________________________ Curtis Ellmore, Secretary Attachment(s): Exhibit A – Legal Description Exhibit B – Environmental Impact Report EIR SCH No. 2020110087 Exhibit C – Mitigation Monitoring Report Program Exhibit D – General Plan Land Use Map Amendment Exhibit E – Zoning Map Amendment Exhibit F – PC-57 Residences at Newport Center Planned Community Development Plan Exhibit G – Development Agreement Exhibit H – Tentative Tract Map Exhibit I – Conditions of Approval 44 Planning Commission Resolution No. PC2021-024 Page 17 of 32 01-25-19 Exhibit “A” Legal Description The property is legally described as Parcel 1 of Parcel Map No. 29-34 (Resubdivision No. 282) being a portion of Block 93 of Irvine’s subdivision as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps, records of Orange County, California 45 Planning Commission Resolution No. PC2021-024 Page 18 of 32 01-25-19 Exhibit “B” Environmental Impact Report EIR SCH No. 2020110087 • Notice of Preparation • Initial Study • Environmental Analysis • Alternatives Analysis • Appendices • Responses to Comments • Errata (Available separately due to bulk) http://www.newportbeachca.gov/CEQA 46 Planning Commission Resolution No. PC2021-024 Page 19 of 32 01-25-19 Exhibit “C” Mitigation Monitoring Report Program 47 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 1 Mitigation Monitoring and Reporting Program Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination 4.3 Biological Resources Threshold a): The Project would not result in impacts to sensitive natural plant communities, special-status plants, or special-status animals. However, the Project has the potential to impact nesting birds if habitat is removed during the nesting season (February 1 through August 31), which is considered a significant impact. Impacts to nesting birds are prohibited by the MBTA and CFGC. Therefore, migratory bird species protected by the MBTA could be impacted by the Project if active nests are present on the site at the time that nesting habitat (exterior structures, trees and shrubs) are removed. MM 4.3-1 As a condition of demolition permits, tree removal permits, clearing permits, and any other permits that would authorize the disturbance to and removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 – August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements: a) Within three (3) days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius. b) If the survey reveals no active nesting, the proposed action may proceed. c) If the survey identifies the presence of active sensitive bird nests, then the nests Prior to demolition permits, tree removal permits, clearing permits, or any permit that would authorize removal of nesting bird habitat (applies February 1 through August 31) Project Applicant, Qualified biologist, City of Newport Beach Less than Significant Impact with Mitigation Incorporated. 48 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 2 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg-laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. d) If the biologist is not able to verify any of the conditions from sub-item “b,” above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species-appropriate (no less than 100-foot radius around the nest for non-raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities. The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survive independently from the nests. 49 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 3 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination 4.4 Cultural Resources MM 4.4-1 Threshold b): Due to the depth of the excavation required for the proposed subterranean parking structure, there is a potential that previously unearthed archeological resources may be encountered where excavation depths exceed the depth of disturbance associated with previous construction activities not associated with the proposed Project. If archaeological resources are unearthed during the Project’s excavation activities that meet the CEQA Guidelines § 15064.5 definition of significant resources, and they are not property identified and treated, a potentially significant impact could occur. MM 4.4-1 Prior to the issuance of a grading permit or any other permit that authorizes disturbance of native soil, the Developer/Applicant shall a retain a professional archaeologist who meets the U.S. Secretary of the Interior Standards (SOI), to conduct monitoring. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological or tribal cultural resources are unearthed during Project construction. The Project Archaeologist, with participation from Consulting Native American Tribe(s) including the Gabrieleño Band of Mission Indians – Kizh Nation, and the Juaneno Band of Mission Indians – Acjachemen Nation - Belardes, the contractor, and the City of Newport Beach, shall develop an Archeological Monitoring Plan to address the details, timing and responsibility of all archaeological and tribal cultural monitoring and mitigation activities that will occur on the Project site. A consulting tribe is defined as a tribe that initiated the AB52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB52 consultation with the City as provided for in Cal Pub Res Code Prior to the issuance of the first grading permit or permit for ground disturbance activities. Project Applicant, City of Newport Beach, professional archaeological monitor, qualified Native American tribal monitor. Less than Significant with Mitigation Incorporated. 50 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 4 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination Section 21080.3.2(b)(1) of AB52. The Developer/Applicant is responsible for securing any required monitoring agreements with the Tribes. Details in the Plan shall include: a) Project grading and development scheduling; b) The development of a rotating schedule in coordination with the Developer and the Project Archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work; c) The Project archaeologist and the Consulting Tribes(s) that choose to participate shall attend a pre-grading meeting with the City, the construction manager and any subcontractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project site and the surrounding area; what resources could potentially be identified during earthmoving activities; the 51 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 5 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct disturbance activities in native soil and that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) that choose to participate shall make themselves available to provide the training on an as-needed basis; d) If the Project Archaeologist or the Tribal Monitor suspect a resource has been discovered, they shall immediately cause soil disturbing operations to stop in a 50-foot radius around the find to allow identification and evaluation of the suspected resource. In consultation with the Native American Monitor, the Project Archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 21083.2. If a significant resource is discovered, a qualified person meeting the 52 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 6 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination Secretary of the Interior's standards (36 CFR 61), Tribal Representatives and Monitors and the City of Newport Beach shall be consulted to determine appropriate measures to avoid or mitigate negative effects on the resource. Measures need to be tailored to the resource and circumstances of the find, so cannot be determined in advance. Determinations and recommendations by the qualified person meeting the Secretary of the Interior's standards (36 CFR 61) shall be submitted to the City for consideration, and implemented as deemed appropriate by the City in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in MM 4.4-1 before any further work commences in the affected area. MM 4.4-2 In the event that significant Native American cultural resources are discovered, the following procedures shall be carried out for final disposition of the discoveries: a) One or more of the following treatment methods shall occur. Evidence of such shall be provided to the City of Newport Beach. 53 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 7 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources. ii. Onsite reburial of the discovered items as detailed in the treatment plan. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in MM 4.4-1. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal 54 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 8 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination Governments prior to the issuance of a grading permit. MM 4.4-3 The Developer or contractor shall provide a minimum of 30 days advance notice to the City and Consulting Tribes of all earthwork activities in native soil. MM 4.4-4 The City shall verify that the following note is included on the Grading Plan: “If any suspected archaeological or tribal cultural resources are discovered during ground-disturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 50-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find. MM 4.4-5 If Native American human remains and/or grave goods are discovered during Project construction, then all construction activities shall immediately cease. Native American “human remains” 55 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 9 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination are defined to include “an inhumation or cremation, and in any state of decomposition or skeletal completeness.” (Pub. Res. Code § 5097.98 (d)(1).) Funerary objects, referred to as “associated grave goods,” shall be treated in the same manner and with the same dignity and respect as human remains. (Pub. Res. Code § 5097.98 (a), d)(1) and (2). Any discoveries of human skeletal material or human remains shall be immediately reported to the County Coroner (Health & Safety Code § 7050.5(c); 14 Cal. Code Regs. § 15064.5(e)(1)(B)), and all ground- disturbing project ground-disturbing activities on site and in any other area where the presence of human remains and/or grave goods are suspected to be present, shall immediately halt and remain halted until the coroner has determined the nature of the remains. (14 Cal. Code Regs. § 15064.5(e).) If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. 4.5 Geology and Soils Threshold c): During excavation and construction of the proposed MM 4.5-1 Slopes created during subsurface excavations associated with the Prior to the issuance of a grading permit; Project Applicant, City of Newport Less than Significant with Mitigation Incorporated. 56 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 10 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination Project’s subterranean parking structure, there is a potential for impacts associated with soils that may unstable, or that would become unstable as a result of the construction of the proposed Project, if water seepage occurs that may result in sloughing, slumping or other instability of vertical excavations. Project’s construction process shall be shored in accordance with OSHA excavation safety regulations (Title 29 Code of Federal Regulations, Part 1926.650-652 [Subpart P]) to the satisfaction of the City of Newport Beach Building Official. Prior to the issuance of a grading permit, the Building Official or his/her designee shall ensure that the grading plan indicates the methods by which adequate shoring will occur. The shoring methods must ensure that the subsurface excavation will not slough or slump. The Construction Contractor shall implement the shoring requirements throughout the subsurface excavation period and allow inspection of the shoring method by the City of Newport Beach. during subsurface excavations associated with the Project’s construction process. Beach Building Official, Construction Contractor(s) MM 4.5-2 Expansive soils shall not be present as fill material below the building slab and footings. During the property’s site preparation and grading phases, expansive soils shall be mixed with other soil material to provide a uniform blend of material, compacted to a minimum of 90 percent relevant compaction, to the satisfaction of the City of Newport Beach Building Official. Prior to the issuance of a grading permit, the Building Official or his/her designee shall ensure that the grading plan indicates a Prior to the issuance of a grading permit; ongoing during the property’s site preparation and grading phases. Project Applicant, City of Newport Beach Building Official, Construction Contractor(s) 57 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 11 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination subsurface soil content that is non-expansive and compacted to at least 90 percent. The Construction Contractor shall implement the requirements throughout the site preparation and grading process and allow inspection of grading by the City of Newport Beach. . Threshold d): The expansion potential of onsite soils is anticipated to generally range from "Very Low" to "Medium" within the terrace and existing fill materials. Soils with "High" expansion are likely to be encountered in the siltstone/claystone of the Monterey Bedrock. The potential for expansive soils to be encountered at the Project site represents a potentially significant impact, because the presence of expansive soil could lead to structural instability if the soils are not properly treated during the construction process. MM 4.5-1 and MM 4.5-2 shall apply. Less than Significant with Mitigation Incorporated. Threshold f): Due to the depth of the excavation required for the proposed subterranean parking structure, there is a potential that previously unearthed paleontological resources may be encountered where excavation depths exceed the depth MM 4.5-3 Prior to the issuance of grading permits, the Director of Community Development shall ensure that following provision is included on the grading plan(s), and the construction contractor(s) shall be required to comply with the provision. Prior to the issuance of grading permits Project Applicant, City of Newport Beach Community Development Department, qualified paleontologist. Less than Significant with Mitigation Incorporated. 58 Residences at Newport Center Environmental Impact Report Mitigation Monitoring and Reporting Program Lead Agency: City of Newport Beach SCH No. 2020110087 Page 12 Potential Environmental Impact Mitigation Measures (MM) Applicable to the Project Implementation Stage Responsible /Monitoring Party Significance Determination of disturbance associated with previous construction activities. If paleontological resources are unearthed during the Project’s excavation activities and they are not properly identified and treated, a potentially significant impact could occur. "If evidence of subsurface paleontological resources is found during construction, excavation and other construction activity in that area shall cease and the construction contractor shall contact the City of Newport Beach Community Development Director. With direction from the Community Development Director, a qualified paleontologist meeting the Secretary of the Interior Professional Qualification for Paleontology shall evaluate the find. If warranted, the paleontologist shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of identified resources." 4.11 Tribal Cultural Resources Threshold a): The Project site does not contain any known tribal cultural resources (TCRs). If TCRs are unearthed during the Project’s excavation activities, a potentially significant impact could occur if the resources are not properly identified and treated. MM 4.4-1 through MM 4.4-5 shall apply. Prior to the issuance of the first grading permit or permit for ground disturbance activities. Project Applicant, City of Newport Beah, professional archaeological monitor, qualified Native American tribal monitor. Less than Significant with Mitigation Incorporated. 59 Planning Commission Resolution No. PC2021-024 Page 20 of 32 01-25-19 Exhibit “D” General Plan Land Use Map Amendment 60 !74 !44 !34 !40 !39 !72 !38 !43 !35 !36 !42 !45 !41 !47 !37 !46 !49 !74 !75 CO-R MU-H3 RM CO-R RM CO-R CO-M CO-R OS CG RS-D OS RM MU-H3/PR PF RM PR PR RS-D CC PF CG RS-A CG CO-G CO-R CR RM CV OS MU-H3 FOU R T H A V E ACACIA AVECOLONY PLZMARAPATA D RRAMONADR EVITA DRSAN SIMEON DRS A L T A I R C I R LOCHMOORLN ZAHMA DRSAN T A N E L L A T E R EL PASEO DR CROWN DR NMALABARDRSTARBOARDWAYCRO W N D R WIN D O V E R D R SAN TA RO S A DRKE W A M E E D R EBBTI D E R D BEACHCOMBERDRPAU M ALN BL U E W A T E R D R WAVECRESTDR BUNGA L OWPL ELDORADO LNR UEGRANDVALLEE PINEVALLEYLN BON N I E D O O N E T E R SAILHOUSELN H A R B O R PO I N T E PORTSIDEWAYSANTACRUZDRSEADRIFT DR SAN CLEMENTE DR CHU B A S C O D R SURFLINEWAYAVOCADO AVESETTI N G S U N D RCORPORATE PLZCIVIC CE N T E R D R GOLDENROD AVEPEBBLEDR CE N T E R D R CLUBHOUSE DR ANACAPA DR ALT U R A D R TAH U N A T E R SABR I N A T E R AVOCADO AVESEA LNS A NTA MARIARD WHITE SAILS WAYGAL A T E A T E R SANNICOLASDR BAYADERE TERC A NYO N FAIR W AY DR GRANVILLEDRBIGCANYONDRHARBORVIEWDR N EW PORTCENTERDRENEWPORTCENTERDRSAN MIGUELDRNEWPORTCENTERDRWSANTABARBARADRJAMBOREE RDCOA S T H W Y E SA N J O A Q U I N H I L L S R D MACARTHUR BLVDCivicCenterPark IrvineTerracePark Dog Park PA2020-020_GP_Amendment.mxd 0 700350 FeetI City of Newport BeachGIS DivisionJuly 21, 2021 GP2020-001(PA2020-020)General Plan Amendment 150 Newport Center Dr Land Use Change: Regional Commercial Office (CO-R) portion of Anomaly 35 to Multiple Unit Residential (RM) and Anomaly 82 482 61 Planning Commission Resolution No. PC2021-024 Page 21 of 32 01-25-19 Exhibit “E” Zoning Map Amendment 62 FOU R T H A V E ACACIA AVECOLONY PLZMARAPATA D RRAMONADR EVITA DRSAN SIMEON DRS A L T A I R C I R LOCHMOORLN ZAHMA DRSAN T A N E L L A T E R EL PASEO DR CROWN DR NMALABARDRSTARBOARDWAYCRO W N D R WIN D O V E R D R SAN TA RO S A DRKE W A M E E D R EBBTI D E R D BEACHCOMBERDRPAU M ALN BL U E W A T E R D R WAVECRESTDR BUNGALOWP L ELDORADO LNR UEGRANDVALLEE PINEVALLEYLN BON N I E D O O N E T E R SAILHOUSELN H A R B O R PO I N T E PORTSIDEWAYSANTACRUZDRSEADRIFT DR SAN CLEMENTE DR CHU B A S C O D R SURFLINEWAYAVOCADO AVESETTI N G S U N D RCORPORATE PLZCIVIC CE N T E R D R GOLDENROD AVEPEBBLEDR CE N T E R D R CLUBHOUSE DR ANACAPA DR ALT U R A D R TAH U N A T E R SABR I N A T E R AVOCADO AVESEA LNS A NTA MARIARD WHITE SAILS WAYGAL A T E A T E R SANNICOLASDR BAYADERE TERC A NYO N FAIR W AY DR GRANVILLEDRBIGCANYONDRHARBORVIEWDR N EW PORTCENTERDRENEWPORTCENTERDRSANMIGUEL D RNEWPORTCENTERDRWSANTABARBARADR COA S T H W Y E SA N J O A Q U I N H I L L S R D MACARTHURBLVDCivicCenter Park IrvineTerracePark Dog Park PC 17 PC56 R-1-6000 PC56 PC 54 R-1 OS PC 19 RM PC 27 PC 28 PC 41 PC 47 PC27 PC 17 PC 8 PC 34 PR PC 8 PC46 R-2 R-1 CC OG R-1 PC 30 PC 47 OS R-1-6000 PC 56 OR PC 56 OG OR CG PF PC 8 OS PC 27 PC 40 OR OS PC 56 PC 56 PC 13 RM R-1-6000 PC 56 CV RM PA2020-020_CA_Amendment.mxd 0 700350 FeetI City of Newport BeachGIS DivisionJuly 21, 2021 CA2020-008 (PA2020-020)Zoning Code Amendment150 Newport Center Dr Zone Change: Office—Regional (OR) to Planned Com m unity (PC-57) PC 57 63 Planning Commission Resolution No. PC2021-024 Page 22 of 32 01-25-19 Exhibit “F” PC-57 (Residences at Newport Center Planned Community Development Plan) 64 RESIDENCES AT NEWPORT CENTER Planned Community Development Plan Date: April 19, 2021 Ordinance No. _______________ Adopted ___________, 2020 65 Residences at Newport Center Planned Community Page | 2 TABLE OF CONTENTS 1.0 Introduction and Purpose 3 2.0 Land Use and Development Regulations 4 2.1 Architectural Design 4 2.2 Permitted Uses 5 2.3 Building Setbacks 5 2.4 Density: Number of Units 6 2.5 Floor Area 6 2.6 Grade for Purposes of Determining Height 6 2.7 Height 7 2.8 Landscaping and Irrigation 7 2.9 Lighting 9 2.10 Mechanical Equipment 9 2.11 Open space 9 2.12 Parking 10 2.13 Signs 11 2.14 Podium Walls 12 2.15 Patio Walls 13 2.16 Trash Service and Container Storage 14 2.17 Construction Requirements 14 a. Archaeological/Paleontological b. Building Codes c. Grading d. Sewer Service e. Storm Water Management f. Telephone, Gas and Electrical Service g. Water Service 3.0 Site Development Review 16 3.1 Purpose 16 3.2 Application 16 3.3 Design (Elevations) and Site Development of Building 16 LIST OF EXHIBITS Exhibits Name Exhibit Number Conceptual Site Plan & Project Summary A Setback Exhibit B Building Tabulation C Sections D 66 Residences at Newport Center Planned Community Page | 3 1.0 INTRODUCTION AND PURPOSE The Residences at Newport Center Planned Community Development Plan (PC) is composed of 28 condominium units located in 4 story buildings totaling 103,158 square feet of gross building area connected by a common lobby and entry. The project is located at the southwest intersection of Newport Center Drive and Anacapa Drive in Newport Center on a 54,949 square feet parcel. The vision presented in the plan shows two luxury residential buildings with a common entrance and lobby intended to integrate a casual urban lifestyle with a contemporary California building design. The unit mix includes 8 residential units on the ground floor, 16 flats on levels 2 and 3 and four penthouses on Level 4. The square footage of the residential units is 85,236 square feet. Level 1 will also have a lobby and a lounge with a kitchen, fitness room/spa, lap pool and office that is approximately 5,518 square feet (not including pool area) and does not include circulation. The project is designed for two levels of parking below grade. Level B-1 is partially at grade on the southern edge to allow tenant and visitor access. General delivery will occur at the building entry off Anacapa Drive and moving van access is provided on the south of the building. All units have a private 2-car garage located within the lower levels. Further, there is one-way vehicular access to the garage from the front entry of the project primarily for visitors. The PC identifies land use relationships and associated development standards for the district identified as the Residences at Newport Center. To that end, it coordinates and complements the broader scale and massing of the Newport Center area and specifically Block 100. The PC ensures a broader coordination and consistency with the surrounding neighborhood, to include a high level of contemporary architectural quality supporting the Newport Center environment along with pedestrian connectivity. The PC includes a specific set of standards incorporated through a comprehensive review of the project within Newport Center while ensuring substantial compliance with the spirit and intent of the Zoning Code. The PC ensures the following site development review objectives are met: 1. Ensure consistency with General Plan policies related to the preservation of established community character, and expectations for high quality development. 2. Respect the physical and environmental characteristics of the site. 3. Ensure safe and convenient access and circulation for pedestrians and vehicles. 4. Allow for and encourage individual identity for specific uses and structures. 5. Encourage the maintenance of a distinct neighborhood and/or community identity. 67 Residences at Newport Center Planned Community Page | 4 6. Minimize or eliminate negative or undesirable visual impacts. 7. Ensure protection of significant views from public right(s)-of-way in compliance with NBMC Section 20.30.100 (Public View Protection); 8. Allow for different levels of review depending on the significance of the development project (Newport Beach, 2015a). Whenever the regulations contained in the PC conflict with the regulations of the Newport Beach Municipal Code (NBMC), the regulations contained in the PC shall take precedence. The NBMC shall regulate all development within the PC when such regulations are not provided within the PC Regulations. 2.0 LAND USE AND DEVLOPMENT The following development standards shall apply to the residential condominium units. 2.1 ARCHITECTURAL DESIGN The Residences at Newport Center design is inspired by creating a casual yet elegant architecture that is conceived as two casual and contemporary 4 story buildings that are linked together via a modern glass entry with a water feature creating the entry into the lobby. Architecturally, the buildings are proportioned with a defined base, middle, and top that is reinforced by flat plate structure and glass walls. The elevations are presented through the use of massing, setbacks and subtle variations in the roof line. The building’s material palate consists of stone neutrals and glass building façade compatible with the surrounding development in Newport Center. The design will complement, enhance, and be compatible with the adjacent retail and office properties. In keeping with this philosophy, the exterior will be comprised predominately of stone base, stone cladding, metal finishes and glass. Massing offsets, variations of roof line, varied textures, recesses, articulation, and design accents on the elevation are integrated to enhance the expression of a unique and contemporary architectural style. All first floor residences include outdoor patios and resident entries from the public lobby. Fenestration of the buildings is developed around the “California Coastal” view of indoor – outdoor living. Openings above level 1 will have foldable doors allowing for the full aperture to engage with interior living. Connections to the common area are reinforced via a social gathering space within the lobby that incorporates both interior and exterior landscape areas. The exterior landscaping will further enhance the feel of a luxury lifestyle at the adjacent intersection of Anacapa and Newport Center Drive. The crosswalks at the corner of Newport Center Drive and Anacapa Drive shall enhance the visual connection to the adjoining office, entertainment, restaurants, and medical districts. Along Anacapa Drive, the project will provide resident access via a 27 foot wide driveway served by a luxurious lobby and entry water feature. 68 Residences at Newport Center Planned Community Page | 5 Further, there is access to the visitor parking via a one-way ramp to the lower level. Optionable valet parking will be provided at the entry level. A dog run on the ground level at the southwest corner is provided for the residents. 2.2 PERMITTED USES a. Condominiums (Multi-Family Residential). b. On-site recreational facilities, valet station, wine storage, separate dedicated storage areas, and other structures ancillary to residential uses. c. Telecommunications facilities are permitted in accordance with Chapter 20.49 (Wireless Telecommunications Facilities) of the NBMC. d. Land uses that are not listed above are not allowed, except as provided by Chapter 20.12 (Interpretation of Zoning Code Provisions) of the NBMC or as required by State Law. e. Temporary uses may be allowed only upon approval of a limited term permit pursuant to Section 20.52.040 (Limited Term Permits) of the NBMC. 2.3 BUILDING SETBACKS a. Above grade level podium (required/provided) Anacapa Drive 15 feet/26 feet (including a 3-foot pedestrian easement) 21 feet for the roof overhang Newport Center Drive 15 feet /15 feet 10 feet at the roof overhang Western property line 0 feet/19 feet 13 feet 6 inches at the roof overhang Southern property line 0 feet/ 19 feet (Including a 10-foot private pedestrian walkway easement) b. Below grade level podium (required/provided) Anacapa Drive 0 feet/ 15 feet Newport Center Drive 0 feet/ 15 feet 69 Residences at Newport Center Planned Community Page | 6 Western Property Line 0 feet/ 7 feet for basement walls Southern Property line 0 feet/ 10 feet Patios may encroach up to 7 feet 4 inches into required setback areas. Decks and balconies may encroach up to 2 feet 6 inches into the required setback. Decorative architectural features such as roof overhangs, brackets, and eaves may encroach up to 30 inches into a required setback area, provided that no architectural features shall project closer than twenty-four inches from a side property line. Further, the roof overhang on Newport Center Drive may extend up to 60 inches into the setback. The footings on the south of the building may encroach up to 3 feed feet into the easement Fences, hedges, and walls may encroach into the required setback areas subject to the requirements set forth in Section 2.14. 2.4 DENSITY The maximum allowable number of condominium residential units shall be 28. 2.5 FLOOR AREA a. Building Area The maximum gross building area limit for the development is 103,158 gross square feet at a floor area ratio (FAR) of 1.88. Gross building Area Definition: The following areas shall be included in calculations of gross floor area: a) Any interior finished portion of a structure that is accessible and that measures more than six feet from finished floor to ceiling. The following areas shall be excluded: 1. Stairwells and elevator shafts above the first level. 2. The surrounding exterior patio areas. 3. Parking structures including private garages and mechanical areas within the parking structure. b. Floor Area per Unit. Residential uses are measured on a per unit basis. i. Ground floor (1st floor): 1,430 square feet minimum ii. Units on floor 2: 70 Residences at Newport Center Planned Community Page | 7 2,493 square feet minimum iii. Units on floor 3: 2,316 square feet minimum iii. Penthouses (floor 4): 5,223 square feet minimum 2.6 STANDARDS FOR ALLOWABLE HEIGHTS The building heights are measured from established grade as hereinafter defined. The building is on a sloping surface and the measurement of height is taken from the building entrance at 167.75 feet (NAVD88). Thus, established grade shall be defined at an elevation of 167 feet 9 inches (NAVD88). 2.7 HEIGHT The building height shall not exceed 52 feet 11 inches from the established grade (167.75 feet NAVD88) of the site or 220 feet 8 inches above mean sea level (AMSL). The height of the open area between the buildings is approximately 19 feet 8 inches above the established grade of the site or 187 feet 6 inches NAVD88. Rooftop appurtenances are permitted and may exceed the maximum building height by up to 7 feet (227.66 feet NAVD88). Rooftop appurtenances may include, but are not limited to, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. The mechanical equipment for this project shall be sited in the interior of the 2-level parking structure. Rooftop appurtenances shall not exceed 30 percent of the overall roof area and shall be focused toward the interior of the building footprint adjacent to the elevator override and stairway. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted and are not required to be screened from view. Rooftop appurtenances within the 7-foot limitation are subject to the review and approval of the Planning Division. Architectural features may exceed the maximum building height up to 2 feet (169.75 feet NAVD88). Architectural features include the building rooftop edge and other decorative rooftop features defined as visually prominent or formally significant elements of a building that express its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials, and color of the building which complement and celebrate its overall aesthetic character. Such features must be an extension of the architectural style of the building in terms of materials, design, and color. 71 Residences at Newport Center Planned Community Page | 8 2.8 LANDSCAPING AND IRRIGATION A minimum of 15 percent of the lot area shall be landscaped (8,242 square feet). Landscaping and irrigation shall be provided in all areas not devoted to structure, driveways, walkways, and private patios to enhance the appearance of the development, reduce heat and glare, control soil erosion, conserve water, screen adjacent land uses, and preserve the integrity of the PC. Site landscaping and irrigation will be designed and planted in accordance with Chapter 20.36 (Landscaping Standards) of the Newport Beach Municipal Code (NBMC) and Chapter 14.17 (Water-Efficient Landscaping) of the Newport Beach Municipal Code. Plants shall be adapted to the coastal climate of Newport Beach and appropriate to the specific soil, topographic, and sun/shade conditions of the project site. Drought-tolerant plants shall be used to the maximum extent practicable. Plant species having comparable water requirements shall be grouped together for efficient use of irrigation water. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. Plant selection shall be harmonious to the character of the project and surrounding projects and shall not be listed as an invasive species by the California Invasive Plant Council. a. Minimum Landscape Requirements: 1. Landscaping shall incorporate a street tree species along Newport Center Drive (existing Mexican Fan Palms to be protected on Newport Center Drive) and Anacapa Drive (Lemon scented Gum, Eucalyptus citriodora or other tree to the satisfaction of the General Services Division). The same species street tree shall be planted on both sides of Anacapa Drive, north of the drive entry (upon the adjacent property owner’s approval). 2. The Anacapa Drive parkway shall be maintained and landscaped to complement the existing on-site landscaping. Landscaping and irrigation shall consist of a combination of trees, shrubs, and groundwater and hardscape improvements. 3. The landscaped island at the southern entry within the ingress/egress easement shall be one continuous landscape area as shown on the attached Exhibit A (upon the underlying property owner’s approval). 4. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the City Traffic engineer. 5. Planting areas adjacent to vehicular entrances shall be protected by a continuous concrete curb or similar perimeter barrier. 6. The ground floor landscape area shall include a dog run for use by the occupants of the project. 7. Landscape areas shall provide a minimum width dimension of 2.5 feet to provide adequate planting area. 8. Evergreen planting a minimum of 5 feet high shall be used to screen the podium wall along the eastern property line (along Newport Center Drive). 72 Residences at Newport Center Planned Community Page | 9 9. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape and irrigation plans. All landscaped areas shall be maintained in a healthy and growing condition in accordance with the NBMC 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. 10. Landscape planting and irrigation plans and specifications shall be submitted by the applicant for review and approval by the Planning Division prior to the issuance of a building permit. b. Irrigation Guidelines An irrigation system shall be installed and shall incorporate appropriate locations, numbers, and types of water distribution and emitters to provide appropriate amounts of water to all plant materials. Application rates and spray patterns shall be consistent with the varying watering requirement of different plant groupings. Irrigation systems and controls shall include technology that minimizes over watering by either: (a) directly measuring soil moisture levels, plant types, and soil types and adjusting irrigation accordingly, or, (b) receiving weather information at least on a daily basis via satellite or similar transmission and adjusting irrigation accordingly. The irrigation system shall be designed to prevent over-watering and minimize overspray and runoff onto streets, sidewalks, driveways, buildings, fences, and window consistent with water conservation and pollution run-off control objectives. Should reclaimed water infrastructure be constructed along Newport Center Drive, the site’s existing potable irrigation system shall be converted and connected to said infrastructure within one year of its availability. 2.9 LIGHTING All new outdoor lighting shall be designed, shielded, aimed, located and maintained to shield adjacent uses/properties and to not produce glare onto adjacent uses/properties. Lighting plans shall be prepared in compliance with Chapter 20.30.040 (Outdoor Lighting) of the NBMC. All lighting and lighting fixtures that are provided shall be maintained in accordance with the approved lighting plans. Light fixtures on buildings shall be full cut-off fixtures. Light spillover may not exceed one foot- candle at the subject property line. Lighting of building interior common areas, exteriors and parking entrances shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security. 73 Residences at Newport Center Planned Community Page | 10 The plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be subject to review and approval of the Community Development Director or their designee. If in the opinion of the Director existing illumination creates an unacceptable negative impact on surrounding land uses or sensitive habitat areas, the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 2.10 MECHANICAL EQUIPMENT Roof-top mechanical equipment shall not exceed 7 feet above the maximum height of the building and shall comply with Section 20.30.020 (Buffering and Screening) of the NBMC. All mechanical appurtenances on building roof tops and utility vaults shall be screened in a manner meeting the approval of the Director of Community Development or their designee. It is the intent to place the mechanical equipment in the garage, if feasible. If placement of mechanical equipment in the garage is not possible, then the standards articulated in this section shall be implemented. All new mechanical appurtenances (e.g., air conditioning, heating, ventilation ducts, exhaust vents, telecom antennas & support equipment, swimming pool and spa pumps, filters, transformers, utility vaults, and emergency power generators) shall be screened from the public view and adjacent land uses. The enclosure design shall be approved by the Community Development Department. All rooftop equipment shall be architecturally treated or screened from off- site views in a manner compatible with the building materials prior to final building permit clearance. The mechanical equipment shall be subject to sound rating in accordance with the Chapter 20.30.20 (Buffering and Screening) of the NBMC. There shall be a garage exhaust tower that is 10 feet above finished grade in the buildable area along Anacapa Drive. 2.11 OPEN SPACE a. Common Outdoor Space Common outdoor space consists of land area within the residential development that is not individually owned or dedicated for public use that is designed, intended, and reserved exclusively for the shared enjoyment or use by all residents and their guests. Common outdoor space may be active or passive. Illustrative examples include areas of scenic or natural beauty, barbecue areas, landscaped areas, play areas, swimming pools, pet areas, or turf areas. A minimum of 5% of lot area (2,750 square feet for 28 dwelling units) of common open space shall be provided. Common outdoor space shall be provided either at grade, podium level, or roof level. Common outdoor space areas shall have a minimum dimension of 15 feet. A minimum of 10 percent of the common outdoor space must be landscaped. All common outdoor space must be accessible to all residents. b. Common Indoor Space 74 Residences at Newport Center Planned Community Page | 11 The building shall provide at least one community room of at least 500 square feet available for use by all residents of the project. The area should be located adjacent to, and accessible from, common/public space. This area may contain active or passive recreational facilities or meeting space and must be accessible through a common/public area. c. Private Open Space Private open space shall be a minimum of 30 square feet per dwelling unit (6-foot by 5-foot minimum). At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. Qualifying private open space areas shall be permanently open on one full side or substantially open on multiple sides. Private open space consists of an outdoor or unenclosed area directly adjoining and accessible to a dwelling unit, reserved for the exclusive private enjoyment and use of residents of the dwelling unit and their guests (e.g., balcony, deck, porch, terrace, etc.). Boundaries are evident by use of fences, gates, hedges, walls, or other similar methods of controlling access and maintaining privacy. 2.12 PARKING Parking to the project shall be underground and not visible from the public right-of-way and surrounding area. Parking spaces, driveways, maneuvering aisles, and turnaround areas shall be kept free of dust, graffiti, and litter. All components of the parking area including striping, paving, wheel stops, walls, and lighting of the parking area shall be permanently maintained in good working condition. Access, location, parking space and lot dimensions, and parking area improvements shall be in compliance with parking standards of Title 20 of the NBMC. All required parking shall be provided on-site. There shall be a gated entry into the lower level for the resident owner with an electronic entry key. The main driveway entry shall be approximately 27 feet wide in front of the lobby entrance. The lobby shall have a concierge to provide services to residences such as U.S mail delivery, package delivery, mailing, receiving food delivery and meeting guests. There shall be optional valet services for the guests. Guest shall have the option to self-park . The guests parking spaces are accessed by the valet by a one-way internal ramp at the south end of the driveway and the parking spaces are at the first lower level. Valet service shall return the vehicles to the front entry via the main entry on Anacapa if the guests did not self-park. The rules and regulations of these operations shall be established by the Home Owners Association. A minimum of two (2) enclosed private parking spaces shall be provided for each of the dwelling units on Level 1. The units on Level 2 through 4 shall have a minimum of two (2) enclosed parking spaces per unit. One half (1/2) guest parking space shall be provided per unit for a total of 14 guest parking spaces including 1 ADA stall. Each two-car garage shall provide minimum clear interior 75 Residences at Newport Center Planned Community Page | 12 dimensions of 17 feet 6 inches in width by 19 feet in depth and shall be maintained so that it is accessible to vehicles. Guest parking spaces shall maintain a minimum width of 8 feet 6 inches in width by 17 feet in depth. There shall be 10 employee spaces on the lower level of the garage. The total visitor and employee parking shall be 24 stalls. There shall be 4 guest charging stations for electric vehicles. All resident and guest parking spaces shall be maintained clear of obstructions and available for parking of vehicles at all times. Vehicle parking and maneuvering areas shall be restricted to the operation, maneuvering and parking of operable vehicles. 2.13 SIGNS If three (3) or more signs are proposed for the development, a comprehensive sign program application for the Residences at Newport Center shall be submitted for review and approval by the Zoning Administrator. Sign allowance and standards will be in accordance with Chapter 20.42 (Sign Standards) of the NBMC. 2.14 FENCES, HEDGES, AND WALLS Walls and hedges shall be in accordance with the NBMC except as shown on the Site Development Review plans and described in the PC. This does not apply to exempt signs per the NBMC. Where a nonresidential zoning abuts a residential zoning district, consideration of a landscape buffer as mitigation for wall heights, shall be reviewed as part of the Site Development Review. a. Podium Walls The subject property is a sloping site with an elevation change of approximately 11 feet from the northeast corner to the southwest corner. Specifically, the northeast corner is at an elevation of approximately 170 feet and the southwest corner is at an elevation of 159 feet (all elevations reference NAVD88). Further, the site on the north property line drops from the northeast corner of 170 feet to 164 feet at the northwest corner. The project is designed for two levels of parking below grade. Level B-1 is partially at grade on the southern edge to allow access from the private driveway, and Level 2 is below grade. The entire project has a podium that incorporates the parking garage and the residential units are built on the podium deck. The podium lower level has a floor elevation of 148 feet and rises to a ceiling height of 169 feet 6 inches for most of the building. The ceiling height below Flat 1 and 2 is 2 feet 6 inches higher than the 169 feet 6 inch referenced above to accommodate the entry for trucks and vans on the south end of the building. The walls, floor and ceiling heights define the podium. 76 Residences at Newport Center Planned Community Page | 13 The podium walls on the southwest of the building are exposed from elevation 159 up to 173 feet at Flats 1 and 2. The top of wall is 13.8 feet above the adjacent ground elevation of 159 feet. There is a 42-inch glass railing above the podium. On the western property line there is enhanced landscaping to mitigate the exposed podium wall. The sections shown in Exhibit D graphically illustrate the elevation changes. b. Patio Walls The patios on the north of the complex may encroach into the setback area up to 7’6”feet. The top of wall elevations on the patios on the north side may reach 176.5 feet (NAVD88) for Flats 6 through 8. The grading plan includes raising the grade in front of the patio walls by approximately 1 to 2 feet. Further, there shall be enhanced landscaping in front of the patio walls to buffer the view of patio walls from the streetscape. 2.17 TRASH SERVICE Trash disposal service will be provided by CR&R (or other provider) as contracted by the City of Newport Beach and shall be subject to applicable regulations, permits and fees as prescribed by the city. Trash container storage and bins shall be located within the lower level parking structure in an area to be designed and engineered for odor control and accessible for pick-up. Common trash bins provided shall be a minimum of 192 square feet for Trash and Recycling in accordance with Chapter 20.30.120 (Solid Waste and Recyclable Materials) of the NBMC. The bins will be brought by a scout truck from their regular storage areas in the basement to the southerly residential access drive for pick-up by regular trash trucks. Trash pick-up and staging shall not block vehicular access through the southerly access drive. Trash pick-up and loading is not permitted within the Anacapa Drive right-of-way. 2.18 CONSTRUCTION REQUIREMENTS a. Archaeological/Paleontological Grading of the site is subject to the provisions of the City Council policies K-4 & K-5 regarding archaeological and paleontological resources. b. Building Codes Construction shall comply with applicable provisions of the California Building Code and the various other mechanical, electrical, and plumbing codes related thereto as adopted by the NBMC. c. Grading 77 Residences at Newport Center Planned Community Page | 14 Grading and excavation of the development area shall be conducted and undertaken in a manner both consistent with grading manual standards and ordinances of the City of Newport Beach and in accordance with a grading and excavation plan approved by the City of Newport Beach Building Division. d. Telephone, Gas and Electrical Service All “on-site” gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. e. Sewage Service All sewer lines shall be designed in accordance with the Utilities Manager approval. f. Storm Water Management The project shall adhere to the Water Quality Management Plan (WQMP) approved in conjunction with the issuance of building permits. Drainage and water quality assurance measures will be implemented as per the City Public Works and Municipal Separate Storm Sewer System (MS4) requirements. Development of the property will be undertaken in accordance with the flood protection policies of the City. g. Water service Water service to the site will be provided by the City of Newport Beach and is subject to applicable regulations, permits and fees as prescribed by the City. The project shall provide the infrastructure for Fire Protection Water Service and Domestic water. Each water meter shall be served and installed in accordance with the Public Works Department approval. 78 Residences at Newport Center Planned Community Page | 15 3.0 SITE DEVELOPMENT REVIEW 3.1 PURPOSE The purpose of the Site Development Review (SDR) process is to ensure new development within the Newport Center Residences Planned Community Development is consistent with the goals and policies of the General Plan, and provisions of the Planned Community Development Plan. 3.2 APPLICATION Prior to the issuance of building permits for the original site development, a SDR application shall be required for the Newport Center Residences Planned Community Development in accordance with Section 20.52.080 (Site Development Reviews) of the NBMC. 3.3 DESIGN (ELEVATIONS) AND SITE DEVELOPMENT OF BUILDING The SDR shall be part of this PC and shall be reviewed concurrently with the PC. The submitted site plans and elevations shall be part of this application. 79 PROJECT SUMMARY 4/15/2021 MULTI-STORY PROJECT PROJECT DESCRIPTION SETBACKS * THE PROJECT CONSISTS OF (1) MULTI-STORY REQUIRED / PROVIDED (FT) RESIDENTIAL BUILDING ABOVE PODIUM BELOW PODIUM 4 STORIES OF RESIDENTIAL ANACAPA FRONTAGE 15’ / 26’0 / 15’ 2 LEVELS OF UNDERGROUND PARKING NEWPORT CENTER DR.15' / 15’0 / 15’ 28 DWELLING UNITS WESTERN PRTY LINE 0 / 19’0 / 7’ SOUTHERN PRTY LINE 0 / 19’0 / 10’ BUILDING CODE : CALIFORNIA BUILDING CODE 2019 NOTE: SETBACKS DO NOT INCLUDE ARCHITECTURAL PROJECTIONS OCCUPANCY GROUP:OPEN SPACE: See A20.1 and A20.2 R-2 (RESIDENTIAL) & S-2 (PARKING)REQUIRED BUILDING TYPE OF CONSTRUCTION:COMMON OUTDOOR OPEN SPACE 5% of GROSS LOT AREA 2,750 S.F. TYPE I OR TYPE 2 (FULLY SPRINKLERED)PRIVATE OPEN SPACE 30 SF PER EACH UNIT 840 S.F. TOTAL REQUIRED 3,590 S.F. GOVERNING AGENCY: CITY OF NEWPORT BEACH PROVIDED COMMON OUTDOOR OPEN SPACE +/- 3,600 S.F. LOT COVERAGE:PRIVATE OPEN SPACE +/- 12,230 S.F. LOT AREA 54,949 S.F.TOTAL PROVIDED +/- 15,830 S.F. BUILDING FOOTPRINT (FIRST FLOOR)27,006 S.F. FAR 1.88 RESIDENTIAL UNITS: LOT COVERAGE (EXISTING)55% EXISTING RESIDENTIAL UNITS GROSS AREA* (FLOOR 1-4) :+/- 85,236 S.F. PLANNING DEPARTMENT GROSS AREA:* NOTE: DOES NOT INCLUDE SHARED CIRCULATION 1ST FLOOR AREA:+/- 27,006 S.F. 2ND FLOOR AREA:+/- 26,551 S.F. 3RD FLOOR AREA:+/- 25,564 S.F.NOTES 4TH FLOOR AREA:+/- 24,037 S.F. GROSS FLOOR AREA +/- 103,158 S.F. ADDITIONAL AREAS: PARKING BASEMENT UPPER AREA:+/- 37,674 S.F. PARKING BASEMENT LOWER AREA:+/- 33,782 S.F. TOTAL PARKING GARAGE AREA:+/- 71,456 S.F. PARKING: REQUIRED RESIDENTIAL (2 PER UNIT)56 STALLS GUEST (.5 PER UNIT)14 STALLS PROVIDED RESIDENTIAL 57 STALLS GUEST (INC. ACCESSIBLE & 3 VALET)26 STALLS PROJECT SUMMARY EXHIBIT A - page 1 of 2 80 podium below ANACAPA DRIVEreq. buildingsetbackpodium wall below165NEWPORT CENTER DRIVEproperty linereq. setback (dashed)3' sidewalk easementLoungeFlat 1TerraceFlat 5Flat 2stairprivate patioprivatepatioFlat 8167166entry168169169rampMeeting RoomFitnesspool12' x 49'stair- to garage onlystairwater featurerampguest elevator from parkingstairFlat 7Flat 6dnelevConciergeexit passagewayOfficescateringkitchenelevFelevopenprivatepatiodnLOBBYstairprivate patiospaRaisedTerraceraised platformTerraceRaised TerraceRaisedTerracestairwalkelevelevFlat 3Flat 4StorageRaisedTerracerampele / dataexhaustCourtyardsee landscapednpexisting signage(to remain)privatepatiotrashtrashupupupupdndndndnFABCBCDParking entry(see level below)garage exhaust (10' clear AFG)raisedplanterwomenmenhigh window highhighcantilevered walkway+/-7' - 5"6' +/-6' +/-easement10' - 0" proposed29' - 2"170164163162 161160164163163159159160161162163163162163Dog Run(see level below)15' - 0"17' - 11"7' - 5" +/-setback15' - 0" req27' - 6"27' - 6"setback15' - 0" req.20' - 2"security gatednplanterplanterplanterplanterplanterplanterplanterplanterpppplanterpppodium & guardrailsidewalk(see level below)fire-rated glazing assembly169TW 167.67TW 176.25TW 178.00TW 176.25TW 178.00TW 176.25TW 172.75low stone signage wallTW 171.0proposedstop bar & sign(see civil)170.5167.84'4'5% max5% max170.5170.5172.75172.5170.5170.5170.5170.5170.5172.75172.75172.75174.5 +/-174.5 +/-172.75172.75174.5 +/-walk168.2 +/-170.5172.5172.75170.5170.5170.5170.5TW 178.00proposedtransformerlocationp169.1165.4STOPproposed FDC(see civil)dn172.75glass railing top 176.25170.5glass railingtop 174.04' - 0"glass railing top 174.012'CONCEPTUAL SITE PLANEXHIBIT A - page 2 of 2Project North 3/17/2021169stairwater featureramp dn12.0% +/- @ CLdnzero curbstairwalk166.3 +/-p168167166164161159planterplanterppp4 full-size spacesconc curb, typ.low stone signage wall(encroaches into sidewalk easement)3'22' typ.170.5167.8170.5167.9170.3+/-5% max5% max170.5170.5172.75172.5170.5170.5170.5170.5170.5172.75172.75172.75174.5 +/-174.5 +/-172.75172.75174.5 +/-walk168.2 +/-170.5172.5172.75170.5170.5170.5170.5170.5170.5170.5170.5dnp169.1172.75170.5valet/drop off, 2 % max loading/ deliveryvalet/drop offpSTOP81 ANACAPA DRIVENEWPORT CENTER DRI V E GNIREENE IGN 16795 Von Karman, Suite 100, Irvine, California 92606 tel 949.474.1960 fax 949.474.5315 www.fuscoe.com SCALE: 1" = 50' EXHIBIT B 03/30/21BUILDING SETBACK EXHIBIT LEGEND 82 9/2/2020 RESIDENTIAL AREA PLANNING AREAS (gross sf*) Unit #Level Area (gross sf*)first floor residential 15,903 1 1 2,271 first floor circulation / misc 5585 2 1 1,430 offices 602 3 1 2,043 storage 441 4 1 1,478 entry 489 5 1 2,121 lounge 1100 6 1 2,228 concierge 691 7 1 1,647 condo meeting & kitchen 999 8 1 2,685 fitness 1196 9 2 2,832 first floor total 27,006 10 2 3,789 11 2 2,963 second floor residential 24,284 12 2 2,493 second floor circulation / misc 2267 13 2 2,521 second floor total 26,551 14 2 2,954 15 2 3,766 16 2 2,966 17 3 2,649 third floor residential 23,239 18 3 3,646 third floor circulation / misc 2325 19 3 2,866 third floor total 25,564 20 3 2,316 21 3 2,344 22 3 2,955 fourth floor residential 21,810 23 3 3,667 fourth floor circulation / misc 2227 24 3 2,796 fourth floor total 24,037 25 4 5,636 26 4 5,223 27 4 5,262 TOTAL GROSS PLANNING AREAS 103,158 28 4 5,689 Total Residential Units 85,236 Additional Areas Circulation, Lobbies, Fitness, etc 17,922 Parking -1 37,674 Total Gross planning area 103,158 Parking -2 33,782 NOTE * All areas are shown as gross numbers (including exterior walls & finishes). Condo units are sold as interior airspace and would be smaller area. Building Tabulation EXHIBIT C 83 INTENTIONALLY BLANK PAGE84 1st Floor0"1st Floor0"2nd Floor13' - 2"2nd Floor13' - 2"Roof48' - 8"Roof48' - 8"Parking -1-11' - 0"Parking -1-11' - 0"3rd Floor24' - 4"3rd Floor24' - 4"4th Floor35' - 6"4th Floor35' - 6"Parking -2-22' - 0"Parking -2-22' - 0"Parking GarageLobby A1' - 6"13' - 2"11' - 2"11' - 2"13' - 2"11' - 0"170.5'freight elevatorelevatorelevatortrashParking Garage11' - 0"freight elevatorelev.59' - 11"12' - 0"10' - 0"10' - 0"170' - 6"206' - 0"220' - 8"Terrace219' - 2"148' - 6"172.75174.5 +/-Terrace47' - 11"50' - 2"2' - 9"7' - 0"159 +/-7' - 0"170.5167.75'slope of site from highest to lowest169' high point on Newport Center Dr.property lineNewport Center Drive169.08' - 0"513Flat 7Flat 15Flat 23Flat 27Flat 12Flat 20Flat 26Flat 25Flat 18Flat 10Flat 2Flat 21Flat 1325183' - 8"194' - 10"12' - 0"mech screenproperty line15' - 11"185.2227' - 8"167.75' height datum7' - 0"52' - 11"height datum 167.75'NAVD88 (dashed)68' - 2"52' - 11"7' - 0"2' - 9"167.75'height datum 167.75' NAVD88 (dashed)lowpoint this side 159.0+/-159' - 6"192.5170.52' - 3"EXHIBIT D227' - 8"Flat 2885 INTENTIONALLY BLANK PAGE86 Planning Commission Resolution No. PC2021-024 Page 23 of 32 01-25-19 Exhibit “G” Development Agreement 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Planning Commission Resolution No. PC2021-024 Page 24 of 32 01-25-19 Exhibit “H” Tentative Tract Map 129 130 Planning Commission Resolution No. PC2021-024 Page 25 of 32 01-25-19 Exhibit “I” 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. Snyder Langston will prepare and submit a site-specific safety plan to the Construction Superintendent and the Building Official prior to mobilization. 3. Prior to issuance of final building permits, the Applicant shall record a deed notification with the County Recorder’s Office, approved as to form by the Office of the City Attorney, consistent with NBMC Section 20.48.130.I (Deed Notification). The Deed Notification shall state that residential units are located in a mixed-use project or in a mixed-use zoning district and that an owner may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring on the project or zoning district (e.g. noise, late night hours, live entertainment, lighting, odors, high pedestrian activity levels, etc.). The Deed Notification shall also state that the project is located across the street from businesses currently operating as Muldoon’s Irish Pub located at 202 Newport Center Drive, Red-O Restaurant located at 143 Newport Center Drive, and Fig and Olive located at 151 Newport Center Drive, which feature open-air courtyards, live music, DJs, bands, food service, special events, and guests using adjacent parking lots. 4. The deed notification language contained in Condition of Approval No. 3 shall be copied into the CC&R’s for the project. 5. Prior to building permit final, the Applicant shall prepare a written disclosure statement. The written disclosure statement shall be provided to owners and tenants prior to sale, lease, or rental of a residential unit in the proposed mixed-use development consistent with Section 20.48.130.H (Notification to Owners and Tenants) of the Municipal Code. 6. Prior to recordation of the Tract Map, the draft CC&R’s shall be provided to the City’s Planning Division for review and approval. 7. Prior to recordation of the Tract Map, park fees shall be paid for the 28 new dwelling units in accordance with City Council Resolution No. 2020-95. 8. Prior to the issuance of building permits, fair share traffic fees (per City Ordinance No. 94-19) shall be paid for the 28 dwelling units. 9. Prior to the issuance of building permits, any Newport Mesa Unified School district fees shall be paid for the project. 131 Planning Commission Resolution No. PC2021-024 Page 26 of 32 01-25-19 10. Prior to the issuance of building permits for any off-site improvements, property owner authorization shall be required. 11. Prior to the issuance of building permits, San Joaquin Hills Transportation Corridor Agency Fees shall be paid for the 28 dwelling units. 12. Prior to the issuance of any building permits including demolition, the mitigation measures identified in the MMRP (Exhibit B) shall be transcribed onto the plans and implemented in accordance with the MMRP. 13. Disturbance to or removal of potential bird nesting habitat shall be prohibited during the migratory bird nesting season (February 1 through August 31) unless a migratory bird nesting survey is completed. If demolition and/or vegetation removal is planned to occur during the migratory bird nesting season (February 1 through August 31), then a migratory bird nesting survey shall be completed in accordance with the following requirements: a. Within three (3) days prior to initiating demolition, tree removals and/or vegetation clearing, a nesting bird survey shall be conducted by a qualified biologist within the suitable habitat to be removed and within a 250-foot radius. b. If the survey reveals no active nesting, the proposed action may proceed. c. If the survey identifies the presence of active sensitive bird nests, then the nests shall not be disturbed unless the qualified biologist verifies through non-invasive methods that either (i) the adult birds have not begun egg-laying and incubation; or (ii) the juveniles from the occupied nests are capable of independent survival. d. If the biologist is not able to verify any of the conditions from sub-item “b,” above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be species- appropriate (no less than 100-foot radius around the nest for non-raptors and no more than a 500-foot radius around the nest for raptors, or as otherwise determined by the qualified biologist) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities. The nests and buffer zones shall be field checked approximately weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survive independently from the nests. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 132 Planning Commission Resolution No. PC2021-024 Page 27 of 32 01-25-19 15. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this approval. 16. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 17. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 18. 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. 19. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. Prior to the issuance of building permits, the applicant shall prepare a final photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 21. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 22. 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 133 Planning Commission Resolution No. PC2021-024 Page 28 of 32 01-25-19 Commercial Property N/A 65dBA N/A 60dBA 23. 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. 24. 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. 25. 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. 26. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 27. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 28. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 29. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 30. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 31. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except as determined by the Development Agreement or where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 134 Planning Commission Resolution No. PC2021-024 Page 29 of 32 01-25-19 32. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Residences at Newport Center including, but not limited to, Environmental Impact Report No. ER2021-002, General Plan Amendment No. GP2020-001, Zoning Code Amendment No. CA2020-008, Planned Community Development Plan No. PC2020- 001, Major Site Development Review No. SD2020-001, Tentative Tract Map No. NT2020- 001 and rescission of Use Permit No. UP1461 (PA2020-020). 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 33. Fire Department access shall be maintained on Anacapa Drive and marked exclusively for fire department use. 34. As per California Fire Code Section 507.5.1, a fire hydrant will be required within 400 feet of all portions of every structure. In addition, the number of fire hydrants will also be determined by the required fire flow for each structure. 35. A fire flow is required and shall be determined per Newport Beach Fire Guideline B.01 (CFC Section 507.5.1 & CFC Section 507.3). 36. The elevator car shall be of such a size and arrangement to accommodate a 24-inch by 84-inch ambulance gurney or stretcher with not less than 5-inch radius corners in the horizontal open position, shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch slide door. California Building Code (CBC) Section 3002.4.3a. 37. A remote fill for the diesel generator (to refuel the generator) will be required. Per CFC Section 5704.2.7.5.2, filling, emptying and vapor recovery connection to tanks containing Class I, II or IIIA liquids shall be located outside of buildings in accordance with Section 5704.2.7.5.6 at a location free from sources of ignition and not less than 5 feet away from building openings or lot line of property that can be built upon. Such openings shall be properly identified and provided with a liquid-tight cap that shall be closed when not in use. Filling and emptying connections to indoor tanks containing Class IIIB liquids and connected to fuel-burning equipment shall be located at a finished ground level location outside of buildings. Such openings shall be provided with a liquid- 135 Planning Commission Resolution No. PC2021-024 Page 30 of 32 01-25-19 tight cap that shall be closed when not in use. A sign, in accordance with Section 5003.6 that displays the following warning, shall be permanently attached at the filling location: TRANSFERRING FUEL OTHER THAN CLASS IIIB COMBUSTIBLE LIQUID TO THIS TANK CONNECTION IS A VIOLATION OF THE FIRE CODE AND IS STRICTLY PROHIBITED Building Division 38. Prior to plan check submittal for building permit purposes, the applicant shall submit plans to the Building Division for a preliminary code review. 39. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 40. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two 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 car pooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily. • Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 136 Planning Commission Resolution No. PC2021-024 Page 31 of 32 01-25-19 41. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project 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. 42. Prior to the issuance of a grading permit, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 43. A list of “good housekeeping” practices will be incorporated into the long-term post- construction operation of the 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. Public Works Department 44. A Tract Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 45. Prior to recordation of the tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one-inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 46. Prior to the final tract map approval, a subdivision agreement and bonds (labor and material, performance and warranty) in the form and amount acceptable to the Director of Public Works for the estimated improvement costs as prepared by a Registered Civil Engineer shall be approved by the Director of Public Works. 137 Planning Commission Resolution No. PC2021-024 Page 32 of 32 01-25-19 47. The proposed driveways on Anacapa Drive shall be installed per City Standard STD- 160. 48. Driveway, garage ramp slopes and parking garage shall comply with City Standard STD- 167-B, STD-805. 49. Prior to the issuance of building permits, a final parking management and site circulation plan for review and approval of the City Traffic Engineer and Community Development Director. The narrative shall document the operation of the drop-off area, parking area, gates, loading area and valet (if proposed). 50. Prior to the issuance of building permits, a final construction management plan shall be reviewed and approved by the City Traffic Engineer and Community Development Director. 51. Applicant shall reconstruct damaged/broken curb, gutter and sidewalk along the Newport Center Drive and Anacapa Drive frontages. Extent to be determined by the Public Works Director at the time of inspection. 52. Anacapa Drive is on the City’s street-cut moratorium list. Trenching/damage to said street as a part of this development will require extensive street repair work per City Standard. 53. A corner-cut off at the corner of Anacapa Drive and the project driveway for sidewalk purposes shall be dedicated to the City as depicted on the tentative tract map. 54. An encroachment permit and encroachment agreement shall be executed for the proposed low stone signage wall located within the 3-foot-wide pedestrian easement along the Anacapa Drive frontage. The proposed low stone signage wall shall be limited to 3 feet in height maximum measured from the adjacent sidewalk grade. 55. Prior to the issuance of building permits, the median design, stop sign installations, and storm drain improvements on the Gateway Plaza entry at the southerly project driveway shall be reviewed and approved by The Irvine Company and the City. 56. The proposed removal of the existing City street trees and proposed installation of new City street trees shall be subject to review and approval of the City Arborist, including species and location. 57. After construction of the project is complete, the maximum size moving truck/delivery vehicle that the site can accommodate is a 30-foot single unit truck. Trucks longer than 30 feet shall be prohibited from using the Loading/Receiving area. Utilities 58. Prior to the issuance of building permits, a final utilities plan shall be submitted and approved by the Utilities Department. 138 Attachment No. PC 2 Fiscal Impact Study 139 INTENTIONALLY BLANK PAGE140 3527 Mt. Diablo Blvd. #248, Lafayette, CA 94549 ◼ Tel 925.934.8712 www.adeusa.com MEMO TO: Liz Westmoreland, Associate Planner City of Newport Beach FROM: Doug Svensson, AICP DATE: July 7, 2021 SUBJECT: Fiscal Analysis for 150 Newport Center INTRODUCTION The fiscal analysis uses the Newport Beach Fiscal Impact Model to help calculate revenue and cost impacts of the proposed project. This model was initially developed in support of the General Plan Update, which was adopted in 2006.1 The model has been updated to reflect Fiscal Year 2021-2022 costs and revenues from the Proposed Newport Beach City Budget. The fiscal impact model calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes as well as a variety of user charges and fees. The fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in approximately the same way that existing development does. The model nets out certain costs that are unlikely to change with expansion of City government, such as the number of City Department Directors and Division managers, as well as the City Council and City Clerk expenditures, but otherwise assumes that City administrative support and overhead tends to increase as City government activities grow to provide services to an expanding population and employment base. Over the long term, this is clearly the dynamic that local governments experience. In the short term, development projects may have lower or higher cost impacts depending on the existing capacity of City services to accommodate more 1 A technical description of the fiscal impact model may be found in: Applied Development Economics, Fiscal Impact Analysis and Model, Newport Beach General Plan Update, January 2004. 141 A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 2 development, and the level of expenditure needed to expand services incrementally if existing capacity is not available. PROJECT DESCRIPTION THE PROPOSED PROJECT The proposed project would convert an existing car wash/gas/convenience store development consisting of 8,500 sq. ft. of building space on 1.26 acres to 28 residential units in a four story building of 103,158 gross sq. ft. The project would consist of 24 residential flats on the first three floors and four penthouse units on the top floor. The ground floor uses also include a fitness center. The site is located adjacent to the Fashion Island Regional Retail Center and is bounded by Newport Center Drive to the North and Anacapa Drive to the west. PROJECT ALTERNATIVES The fiscal analysis analyzes the same project alternatives as the DEIR. The alternatives include the existing carwash use on the site, two other non-residential uses consistent with the existing General Plan designation on the site, including office use and a restaurant use, and one reduced size residential development. No Project: Existing Use. The existing use is an 8,500 sq. ft. building occupied by a car wash and small convenience store. The business also sells gas. No Project: Office Use Redevelopment. This alternative assumes the car wash would be replaced with an 10,500 sq. ft. office building housing administrative and professional offices serving local and regional markets. No Project: Restaurant Redevelopment. This alternative would include a 10,500 sq. ft. building with a restaurant use. For purposes of the analysis, ADE has assumed this would be a national chain fine dining type of establishment. Multiple Unit Residential (RM) Alternative. The Multiple Unit Residential (RM) Alternative evaluates redevelopment of the project site with a multi-family residential building that offers 20 townhomes at market-rate ownership levels. For purposes of the fiscal analysis, ADE has assumed these units would be similar in size to the residential flats in the proposed project. SOCIOECONOMIC CHARACTERISTICS In order to calculate the fiscal effects of the proposed changes, it is necessary to estimate certain socio-economic characteristics of the land uses, including population and employment, assessed value, household spending on taxable retail goods in Newport Beach, and direct sales taxes from the non- residential uses in the alternatives. The DEIR for the project indicates that the average household size in Newport Beach is 2.19 persons, and calculates a projected population for the proposed project of 62 persons. The RM Alternative would have 44 residents. 142 A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 3 ADE estimated employment onsite for the non-residential alternatives based on industry surveys for specific types of land use, as shown in Table 1. For the car wash use, ADE assumed a full service detail operation, given the size of the site, rather than a fully automated, self-service system. While there are no industry guidelines for employment densities in this type of facility, they tend to be relatively labor intensive, although less so than a full service restaurant or an office development of the same size. Table 1 also shows the factors used in the analysis to estimate the assessed value and taxable sales for each of the non-residential land uses. TABLE 1: SOCIOECONOMIC CHARACTERISTICS FOR NON-RESIDENTIAL USES LAND USE SQ. FT. SQ. FT./ EMPLOYEE JOBS MARKET VALUE/SQ. FT. ASSESSED VALUE TAXABLE SALES/ SQ. FT. Car Wash 8,500 400 21 $221 $1,877,000 $363 Office 10,500 274 38 $800 $8,400,000 $134 Restaurant 10,500 234 45 $1,000 $10,500,000 $617 Sources: Employee densities based on The Natelson Company, Employee Density Study; Market values based on Newport Beach listings in LoopNet, accessed July 2, 2021. Taxable Sales based on Urban Land Institute, Dollars and Cents of Shopping Centers, Bureau of the Census, Census of Retail Trade, and CA Board of Equalization. The assessed value for the proposed project has been derived from analysis of condominium sales in Newport Beach over the past year June 2020 – June 2021. The project sponsor has provided bedroom counts for the 28 proposed units but not units sizes in square feet. Reviewing the floor sizes and layouts as presented in the DEIR, the units appear to range in size from at least 2,000 sq. ft. to more than 5,000 sq. ft. Condos in this size range sold in the past year have an average assessed value of $1,200 per sq. ft. Assuming an average unit size of 3,000 sq. ft. we project that the proposed units will be assessed on average at $3,600,000 per unit. In terms of the RM Alternative, there have been fewer townhomes on the market in the past year, but those that have sold average 52.3 percent of the condo values per sq. ft. On this basis, we estimate the townhomes in the RM Alternative would be assessed at $650 per sq. ft. and $1,950,000 per 3,000 sq. ft. unit. The total residential assessed value in the proposed project is estimated at $100.8 million, while the RM Alternative is valued at $39.0 million (Table 2). The analysis uses similar factors for the two residential alternatives, also shown in Table 2. The outcome of the fiscal analysis is highly affected by the assessed values of the units, which generate property taxes for the City. The alternatives may feature units with lower average values, but for sake of consistency ADE has assumed all of the residential alternatives would serve the same high end market levels as the proposed project. 143 A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 4 TABLE 2: ESTIMATED ASSESSED VALUES FOR THE RESIDENTIAL UNITS IN THE PROJECT AT 150 NEWPORT CENTER AND THE RESIDENTIAL ALTERNATIVES UNIT TYPE AVERAGE UNIT SIZE NO. OF UNITS AV/SQ. FT. ASSESSED VALUE PER UNIT TOTAL ASSESSED VALUE Proposed Project Residential Flat 3,000 28 $1,200 $3,600,000 $100,800,000 RM Alternative Townhome 3,000 20 $650 $1,950,000 $39,000,000 Source: ADE, Inc., based on the project description in the DEIR and information obtained from CoreLogic Listsource.. The analysis uses the residential unit values to estimate household income and taxable retail spending, as shown in Table 3. For units in this price range, it is difficult to know the financial circumstances of the buyers. Frequently high wealth individuals will pay a higher amount in down payment and the remaining mortgage payments may be well below their financial capacity in terms of their annual income levels. However, for purposes of the analysis, ADE assumed buyers would put 30 percent down. Assuming the rest of the purchase price is financed for 30 years at 3 percent per year, the monthly payments are shown in the third column of Table 3. We assume that monthly housing cost comprises 30 percent of household income, resulting in household incomes ranging from $230,300 to $425,000 per year. ADE has analyzed consumer expenditure surveys published by the Bureau of Labor Statistics, and at these income levels, households typically spend less than 20 percent of their income on retail goods. Of those expenditures, about 87 percent are taxable items (non-food). We have assumed for purposes of these calculations that households would spend two-thirds of their annual retail budget in Newport Beach, and the remaining one-third would be spent at retail centers in other cities or on out-of-town trips. The City receives sales tax at the rate of one percent of taxable sales. The resulting sales tax figures are shown with the other revenues and costs in Table 4 below. TABLE 3: ESTIMATED HOUSEHOLD INCOME AND RETAIL TALES TAX UNIT TYPE UNIT VALUE MONTHLY MORTGAGE PAYMENT ANNUAL INCOME @30% SALES TAX PER UNIT Residential Flat $3,600,000 $10,600 $425,000 $480 Townhome $1,950,000 $5,800 $230,200 $260 Source: ADE, Inc. 144 A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 5 FISCAL IMPACTS The analysis, summarized in Table 4 below, estimates the current fiscal impact of the proposed project and each of the alternatives. For the residential project and RM alternative, the primary revenue source generated for the City is the property tax. The City receives about 17.1 percent of the base property tax that property owners pay, but in addition the City gets a share of property tax from the state in lieu of vehicle license fees, which adds about ten percent to the total property tax revenues for Newport Beach. In contrast, for the non-residential alternatives the sales tax is a greater revenue generator. To a large extent this is because the buildings for the non-residential uses are much smaller than the residential options, but also the values per sq. ft. of building space are lower than the luxury residential units proposed for this project. There is no information on the actual sales tax produced by the existing car was use on the site, but gas sales typically are a relatively high sales tax generator. In addition, convenience stores have a high proportion of taxable goods for sale. ADE estimates this facility likely generates about $30,800 per year in sales tax for Newport Beach, assuming full operation of this use on the site. Total net revenues for this facility are estimated at about $24,300 per year. The office alternative would house business uses that have relatively little potential to generate sales tax. At times, office-based businesses have a point of sale operation that generates sales tax even though it is not a store front retail operation, but most often professional services, financial offices and other businesses that occupy office space do not provide taxable goods or services. Therefore, the office use is projected to generate about $14,000 in sales tax and $39,500 total in various City revenues. Nearly 90 percent of this revenue would be expended to provide incidental City services to the site, so the office use has a relatively low fiscal benefit of about $4,200 per year. The potential restaurant alternative could be a relatively high sales tax generator, as the fine dining business is 100 percent taxable. However, one issue is that visitor-serving, entertainment uses tend to generate higher levels of police calls for service and therefore can generate higher costs for the City than other non-residential uses. This is not unique to Newport Beach, but is exacerbated for the City due to the high volumes of visitors during peak tourist seasons. It is difficult to say whether the retail/restaurant use that would occupy this site would contribute to demand for higher police services, but the fiscal model uses a conservative assumption that this use would be similar to other visitor serving uses, and estimates that the facility would require police costs of up to $44,700 per year. While the restaurant use would generate higher revenues overall than the other non-residential alternatives, it has a lower net fiscal benefit than the existing car wash/gas sales use of the site. The proposed project has a much higher fiscal benefit than the non-residential alternatives, at $122,100 per year, while the RM alternative is just slightly higher than the existing car wash use, at $25,900 per year. In terms of City costs, the DEIR indicates that the proposed project would not have a significant impact on police, fire or other City services. The project site is in an intensely developed urban area of 145 A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 6 the City and existing service capacities are sufficient to provide services to the proposed uses on the site. However, with the more intensive residential uses, it may be expected that there would be some additional calls for service, particularly for public safety and perhaps traffic related incidents, compared to the existing use on the site. The fiscal model, therefore, shows some incremental cost for City services, but the annual expenditure amounts are all well below the amount needed to support an additional full staff person, meaning that the service impacts would be an incremental increase of service activity for existing personnel. TABLE 4: PROJECTED FISCAL IMPACT OF THE PROPOSED PROJECT AT 150 NEWPORT CENTER AND THE ALTERNATIVES Budget Category Annual Revenues/Costs Proposed Project Existing Use Office Alternative Restaurant Alternative RM Residential REVENUES GENERAL FUND Property Tax $172,262 $3,208 $14,355 $17,944 $66,649 Property Tax in lieu of Vehicle License Fees $17,443 $325 $1,454 $1,817 $6,749 Sales Tax $13,487 $30,831 $14,042 $64,813 $5,218 Transient Occupancy Tax $0 $0 $0 $0 $0 Franchise Fees $1,282 $676 $1,217 $1,427 $920 Business Licenses $426 $1,325 $1,226 $1,608 $306 Other Intergovernmental $579 $199 $357 $419 $415 Charges for Service $4,582 $1,570 $2,828 $3,316 $3,287 Fines, Penalties, and Forfeitures $1,083 $371 $668 $784 $777 Licenses and Permits $62 $21 $38 $45 $45 Use of Property $1,083 $371 $668 $784 $777 Other Revenue $1,144 $392 $706 $828 $821 Interest Income $1,016 $187 $179 $446 $409 SUBTOTAL GENERAL FUND $214,449 $39,476 $37,738 $94,232 $86,373 GAS TAX $2,820 $0 $0 $0 $2,023 MEASURE M $1,691 $3,866 $1,761 $8,127 $654 SUBTOTAL OTHER FUNDS $4,512 $3,866 $1,761 $8,127 $2,678 TOTAL REVENUE $218,961 $43,342 $39,499 $102,359 $89,050 EXPENDITURES GENERAL FUND General Government $8,012 $1,497 $2,778 $6,408 $5,203 Police $21,548 $5,296 $9,535 $44,677 $15,459 Fire $32,090 $5,298 $10,416 $12,328 $17,209 Public Works $14,683 $5,033 $9,062 $10,627 $10,534 Community Development $1,016 $348 $627 $735 $729 Community Services $16,149 $0 $0 $0 $11,586 CIP Streets $0 $0 $0 $0 $0 Other CIP Projects $2,417 $829 $1,492 $1,750 $1,734 SUBTOTAL GENERAL FUND $95,916 $18,300 $33,910 $76,524 $62,455 GAS TAX $609 $503 $906 $8,281 $437 MEASURE M $328 $271 $488 $4,463 $235 SUBTOTAL OTHER FUNDS $937 $774 $1,394 $12,744 $672 TOTAL EXPENDITURES $96,853 $19,074 $35,303 $89,268 $63,127 NET (COST)/REVENUE $122,108 $24,268 $4,196 $13,090 $25,924 Source: ADE, Inc. 146 A p p l i e d D e v e l o p m e n t E c o n o m i c s | P a g e 7 CONCLUSION The proposed residential use of the site would generate a positive fiscal benefit for the City due to the building intensity and high value of the proposed development. The smaller residential alternative would also produce positive fiscal impacts, though the townhomes would likely generate less property tax per unit than the proposed luxury condominiums. The 2006 General Plan designated the site for non-residential use, consistent with the office alternative or the restaurant use (if a Conditional Use Permit were granted). These alternatives would also have a positive fiscal benefit, although much lower than the existing car wash use or the residential alternatives as proposed. Overall, the General Plan increased development potential for commercial and lodging uses substantially, in addition to the new residential units it would permit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year.2 Due to the high market level targeted by the proposed project, it would exceed the fiscal benefit from the potential non-residential uses of the site under the existing General Plan. 2 Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014. p. 3. 147 INTENTIONALLY BLANK PAGE148 Attachment No. PC 3 Circulation Plan 149 INTENTIONALLY BLANK PAGE150 Traffic Engineering | Transportation Planning | Parking | Expert Witness Kunzman Associates 151 1111 Town & Country Road, Suite 34 Orange, CA 92868-4667 Telephone: (714) 904-2821 E-mail: bill @ traffic-engineer.com Web: www.traffic-engineer.com August 3, 2021 NEWPORT CENTER ANACAPA ASSOCIATES, LLC c/o Mr. Tod Ridgeway 2804 Lafayette Avenue Newport Beach, CA 92663 Dear Mr. Ridgeway: INTRODUCTION The firm of Kunzman Associates is pleased to provide this circulation analysis for the 150 Newport Center Drive project in the City of Newport Beach. The 1.26-acre project site is located at the southwest corner of the Newport Center Drive and Anacapa Drive intersection. The project location map is shown on Figure 1. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided within Appendix A. DEVELOPMENT DESCRIPTION The proposed project involves the demolition and removal of the existing 2,085 square foot single-story building that is operating as a car wash with ancillary gas station and asphalt/concrete parking area. The site will be developed with 28 condominium units totaling 85,236 square feet of livable building area. The unit mix will be 8 residential units on the ground floor, 8 flats on levels 2, 8 flats on level 3, and 4 penthouses on level 4. Level 1 will also have a lobby and a lounge, with a fully appointed kitchen and fitness room/spa, lap pool and an office that totals approximately 5,077 square feet not including the pool. The total building area including circulation is 103,158 square feet. 152 2 MAIN DRIVEWAY ACCESS The main driveway entry is on Anacapa Drive (see Figure 2) and is approximately 24 feet wide at the property line and approximately 27 feet wide in front of the lobby entrance. There shall be an onsite concierge/manager 24/7 that will interface with service personnel from U.S. mail delivery, package delivery from UPS and Fed Ex, mailing, and receiving food delivery. Valet service will be available daily from 7:00 am to 10:00 pm. All short term deliveries shall use only the lobby entrance. The four parking stalls shall accommodate sort term parking for 3 guest vehicles seeking valet service and 1 space for delivery trucks as shown on Figure 3. The valet will park the cars in any available guest spaces on the B-1 and B-2 level during the daytime. After 5:00 pm the valet will park in the delivery area as explained later in this plan. The project is a low intensity use with minimal demand for parking and queuing at the lobby area is not anticipated. There shall be signage directing guests to bypass the lobby area and have them travel down the one-way ramp to the B-1 level. Further, the valet will direct guest to the ramp and direct traffic into the site to avoid any conflict with queuing on the public right of way. The 27 feet drive aisle would be striped into an 8-foot short term parking area and a one way through lane. Even with passengers exiting a car with doors wide open, there is sufficient space for convenient and smooth traffic operation. Residents will generally enter off Anacapa Drive, go to the south entrance via a private road and pass through a telescoping gate as shown on Figure 7. The gate will open using a pass card or keypad. As it becomes available, the entry mechanism will be upgraded to take advantage of new technology and new gate opening control devices so that a resident does not have to present a pass card or use a keypad. Possible new technologies may allow for camera to identify a resident’s car based on license plate and frontal car shape. The residents will pass through the gate and go directly to their individual garages. As stated above there shall be valet service for the guests at the Anacapa Drive main driveway lobby entry from 7:00 am to 10:00 pm daily. As mentioned above, self-parking for guest will be encouraged and can be accessed by a one- way internal ramp at the south end of the entry driveway. The guest parking spaces are at the B-1 and B-2 level. Guests will be directed by an attendant or by signage to pass thru to the ramp and interface with a call box at the B-1 level of the garage. The owner/occupant of the unit will allow the guest access to the guest parking via the electronic telescoping gate. If there is no response from the occupant, the guest can exit to the left out of the south entrance as shown on Figure 4. There is no exit gate blocking the left-hand motion. Figure 5 153 3 shows the valet attendant path for returning from the parking garage level B-1 to the lobby area. As stated above, a guest can self-park in the guest space on B-1 and B-2 rather than interact with a valet attendant. However, should valet service be used, the valet shall return the vehicles to the front entry by exiting the parking structure driveway at the southerly property line to return to the main entry on Anacapa Drive. The valet service is detailed on Figures 3 to 6. Guest spaces may be self-parked, or valet parked. On the occasions when a resident will entertain more than one guest, there is a plan attached to use the moving van receiving area in after 5:00 pm to accommodate additional parking as shown on Figure 13. The moving van receiving area is only available to use for furniture deliveries during the day-time hours. This parking option will require valet service for the entire time the receiving garage is used for valet-parking. Ingress/egress to the receiving area shall be through the moving van entrance at the south entrance to the Garage area. The valet will have a pass card to access the garage. The valet service is detailed on Figures 3 to 6. The project is not counting this guest parking in the summary. RESIDENT DRIVEWAY ACCESS The project is designed for two levels of parking below grade. Level B-1 would be partially at-grade on the southern edge to allow owner/occupants access to the garage. Each residential home will be provided with a private 2-vehicle subterranean garage within the parking structure. The residential driveway access is depicted on Figure 7. The resident can make a right turn into the garage from the private roadway. When exiting, the gate will automatically open, and a resident can make a left- hand turn and join the outbound flow of traffic from the garage to Anacapa. See the vehicle paths identified on Figure 7. SHORT TERM DELIVERY DRIVEWAY ACCESS The lobby shall have a manager/concierge 24/7 to provide services to residents such as U.S. mail delivery, UPS, Amazon, FedEx delivery, mailing, receiving food delivery, and meeting guests. The short-term delivery truck path is shown on Figure 8. There is one space in the main drive aisle for delivery trucks. 154 4 MOVING VANS Figure 9 shows a detailed path of travel for moving vans and depicts a standard moving van size of 30 feet. A moving van can access the receiving area of the receiving garage by the call box at the door entry. The van size for the receiving area is limited to 30 feet in length. A condition shall be placed in the CC&R’s limiting moving van delivery trucks to 30 feet and require that the moving van vender reserve a time for delivery with the concierge/manager. There is adequate room in front of the truck door for the truck to park and not interfere or block vehicular access to the southerly residential access drive. The concierge/manager in the lobby will open the receiving garage. The receiving area is exclusively available during the daytime for only delivery of furniture. All other delivery trucks shall use the lobby entrance. TRASH PICK-UP The trash container storage and bins shall be located within the parking structure basement level in an area to be designed and engineered for odor control and for access for pick-up. The common trash room provided shall be a minimum of 192 square feet for Trash and Recycling in accordance with Chapter 20.30.120 (Solid Waste and Recyclable Materials) of the NBMC. The trash bins will be brought by a scout truck from their regular storage areas in the parking structure basement levels to the southerly residential access drive for pick-up by regular trash trucks. Trash pick-up and staging shall not block vehicular access through the southerly access drive since they can use the van receiving area drive apron to make movements. The detailed paths of travel for a trash truck are shown on Figures 9, 11, and 12, and As shown on Figure 12, trash trucks are expected to exit by using the same path as they entered. CONCLUSIONS A two-way stop will be installed to control traffic on the south driveway. Emergency vehicles will be staged along Anacapa right of way (per Public Works and Fire Department approval) and not on-site. Fire Department has stated that their vehicles will not enter a parking garage. Landscape plantings and signs should be limited to 24 inches in height within 25 feet of the project exit driveways to assure good visibility. Sight distance at each project access shall comply with City of Newport Beach line of sight standard STD-110-L (see Appendix B). The final grading, landscaping, and street improvement plans shall demonstrate that sight distance standards are met with one exception. 155 5 As is the case for any roadway design, the City of Newport Beach should periodically review traffic operations in the vicinity of the project once the project is constructed to assure that the traffic operations are satisfactory. It has been a pleasure to serve your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 904-2821. Respectfully submitted, KUNZMAN ASSOCIATES William Kunzman, P.E. Principal Professional Registration Expiration Date 3-31-2022 156 Figure 1 Project Location Map Site Newport Center Drive East Anacapa Drive6 NKunzman Associates Over 40 Years of Excellent Service 157 Figure 2 Site Plan Lobby Area Entrance This one way driveway enters onto Level B-1. This driveway enters/exits level B-1. Also provides access to levels B-2 Resident Parking Garage Entry/Exit Valet Attendant Lobby Area Exit Legend STOP = Stop SignSTOP Kunzman Associates Over 40 Years of Excellent Service N 7 158 Figure 3 Visitor to Valet Drop-off Area Kunzman Associates Over 40 Years of Excellent Service N 8 Legend = Inbound Visitor = Valet Attendant 159 Figure 4 Guest or Valet Attendant to Parking Garage (Level B-1) Legend = Guest or Valet Attendant Path of Travel = Valet Attendant Kunzman Associates Over 40 Years of Excellent Service N 9 = Call Box = Guest Unable to Reach Resident To Guest Parking To Exit Valet Parking Area Valet Will Direct Driver to the Ramp Level B-1. 160 Figure 5 Valet Attendant From Parking Garage (Level B-1 to Ground Level) Kunzman Associates Over 40 Years of Excellent Service N 10 Legend = Valet Attendant Path of Travel = Valet Attendant Source: FUSCOE ENGINEERING 161 Figure 6 Visitor From Valet Pick-up Area Kunzman Associates Over 40 Years of Excellent Service N 11 Legend = Outbound Visitor = Valet Attendant 162 Figure 7 Resident Path of Travel Kunzman Associates Over 40 Years of Excellent Service N 12 Legend = Inbound Resident = Outbound Resident = Telescoping Gate Gate Source: FUSCOE ENGINEERING 163 Figure 8 Short Term Delivery Truck Path of Travel Kunzman Associates Over 40 Years of Excellent Service N 13 Legend = Inbound Delivery = Outbound Delivery = Short-term Delivery Space 164 Figure 9 Detailed Moving Van Turning Path of Travel = Truck to Enter Private Drive From Anacapa. = Will Drive a Short Distance Past the Loading Area. Kunzman Associates Over 40 Years of Excellent Service 2 = Will Go in Reverse to Enter Loading Area and Park Source: FUSCOE ENGINEERING N 14 = Drive Forward and Take a Left U-Turn Onto Private 4 Out to Anacapa 3 Legend 1 1 2 3 4 Into Truck Dock. Drive and Head Out to Anacapa. Truck Template 165 Figure 10 Trash Truck Path of Travel Kunzman Associates Over 40 Years of Excellent Service N 15 Legend = Inbound Trash Truck = Outbound Trash Truck 166 Figure 11 Detailed Trash Truck Turn Path In Kunzman Associates Over 40 Years of Excellent Service 16 Source: FUSCOE ENGINEERING 1 2 = Trash Truck Parks Along Curb = Trash Bins Wheeled out to Truck Legend 1 2 N Trash Bin Location 167 Figure 12 Detailed Trash Truck Turn Path Out Kunzman Associates Over 40 Years of Excellent Service Source: FUSCOE ENGINEERING N 17 = Trash Truck Along Curb = Trash Truck makes U-turn Exits Back to Anacapa Legend 1 2 Truck Specifications Typical Trash 2 Out to Anacapa 1 STO P 168 Figure 13 (Evening Valet Parking) Valet Attendant to Enter Van Loading Garage at Loading Door Kunzman Associates Over 40 Years of Excellent Service N 18 Legend = Valet Attendant Path to Parking = Valet Attendant = Call Box = Return Path of Valet to Lobby Area Valet Parking Area Valet Will Use Ramp to Enter Van Receiving Access Door Source: FUSCOE ENGINEERING 169 APPENDIX A GLOSSARY OF TRANSPORTATION TERMS 170 GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: Acres ADT: Average Daily Traffic Caltrans: California Department of Transportation DU: Dwelling Unit ICU: Intersection Capacity Utilization LOS: Level of Service TSF: Thousand Square Feet V/C: Volume/Capacity VMT: Vehicle Miles Traveled TERMS AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year. Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL‐DE‐SAC STREET: A local street open at one end only, and with special provisions for turning around. 171 DAILY CAPACITY: The daily volume of traffic that will result in a volume during the peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic‐actuated signal. DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. 172 MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in a traffic stream into which another vehicle is willing and able to cross or merge. MULTI‐MODAL: More than one mode; such as automobile, bus transit, rail rapid transit, and bicycle transportation modes. OFFSET: The time interval in seconds between the beginning of green at one intersection and the beginning of green at an adjacent intersection. PLATOON: A closely grouped component of traffic that is composed of several vehicles moving, or standing ready to move, with clear spaces ahead and behind. ORIGIN‐DESTINATION SURVEY: A survey to determine the point of origin and the point of destination for a given vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to start, goes slower, and accelerates slower. Loaded trucks have a higher Passenger Car Equivalent than empty trucks. PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles. PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a predetermined time schedule without regard to traffic conditions. Also, fixed time signal. PROGRESSION: A term used to describe the progressive movement of traffic through several signalized intersections. SCREEN‐LINE: An imaginary line or physical feature across which all trips are counted, normally to verify the validity of mathematical traffic models. SIGNAL CYCLE: The time period in seconds required for one complete sequence of signal indications. SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic movements. STARTING DELAY: The delay experienced in initiating the movement of queued traffic from a stop to an average running speed through a signalized intersection. TRAFFIC‐ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go in accordance with the demands of traffic, as registered by the actuation of detectors. 173 TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP‐END: One end of a trip at either the origin or destination; i.e. each trip has two trip‐ends. A trip‐end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quantity of trips produced and/or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. 174 APPENDIX B STD‐110‐L 175 176 Attachment No. PC 4 Materials Board 177 INTENTIONALLY BLANK PAGE178 APPLICANT CURRENT SHEET ISSUE DATE: Residences at Newport Center 150 Newport Center Drive Newport Beach, CA Color and Materials MB1 June 10, 2021 Newport Center Anacapa Associates LLC. Clouded Revisions No. Date Desc. STONE EXTERIOR CLADDING PRIMARY ACCENT ZINC COLOR • MECH. SCREEN • FACIAS • STOREFRONT • COLUMN WRAPS MAHOGANY COLOR • EXTERIOR SOFFITS • VENTS & LOUVERS BLUE/GREEN GLASS 179 INTENTIONALLY BLANK PAGE180 Attachment No. PC 7 Attachment Name Attachment No. PC 5 Project Plans 181 INTENTIONALLY BLANK PAGE182 , __ .Alo-' A SYMBOLS Section number Sheet number Detail number Sheet number � Figure number B �.C · �n::;o��::::ion number 0 G) © 0 0 0 0 9 Reference grid/column location Door symbol -see Door Schedule -Window type -see Window Schedule Window number -see Window Schedule Keynote symbol -see Keynotes Color/Material symbol -see Color/Material List on schedule sheets Building Component symbol -See Building Component List on schedule sheets Fixture or Appliance symbol -see Fixture or Appliance Schedule Plumbing fixture symbol -see Plumbing Fixture Schedule Plumbing accessory symbol -see Plumbing Accessory List BUILDING CODE BUIIDING COOE EOITION GARAGE Occupancy Number of stories: Type of canst/ sprinklers: 2019 CBC, CMG, CEC, CPC, CFC+ (City of Newport Beach ammendments) S-2 Occupancy -enclosed parking structure !mechanically ventilated) 2 (below podium) Ext bearing walls/primary structure: Type 1A/ sprinklers complying with NFPA 13 per CFC Section 903.1.1 3 hours per{CBC table 601) Horizontal separation: Allowable height/area: RESIDENTIAL Accessory use: Accessibility: Number of stories: Type of const/ sprinklers: Sprinklers: Ext bearing walls Parapet Horizontal separation: Vertical separation: Allowable stories Allowable height 3 hours at podium ICBC 510.2, 510.4) unlimited/unlimited (CBC table 504.3/ table 506.2) R2 occupancy Office/Gym IB/A·3 occ.) Elevator building, Covered Multi-Family (public areas per CBC 11 B, units per 11A) 4 stories, over podium (CBC 510.2) Type ll·A complying with NFPA 13 per CFC 903.1.1 1 hour (per CBC table 601) None req. per 705.11 exl -since >10' to any PL between dwelling units= 1/2 hr min (per CBC 711.2.4.3 exception) between dwelling units= 1/2 hr min (per CBC 708.3 exception 2) 4 stories (CBC table 504.4 (with area increase)= ok 4 proposed above podium (per CBC 510.2) 65' (per CBC table 504.3 {with area increase)= ok, 56'-2' above grade plane all structures on roof are penthouses complying with CBC 1510.2 Openings between floors shall comply with CBC 712. Shafts shall be 2HR rated per CBC 713. Preliminary buiding area analysis -sea sheets A23.1 -A23.3 PROJECT TEAM OWNER Newport Center Anacapa Associates LLC. Attn:Tod Ridgeway ARCHITECT Stearns Architecture 500 Broadway Laguna Beach, CA 92651 (949) 376-7160 Attn: Glenn Butler STRUCTURAL ENGINEER Nelson Structural Engineers 8915 Research Drive, suite 200 Irvine, CA92618 (949) 752·2070 Attn: Tom Neilson LANDSCAPE MJS Design Group 2817 Lafayette Newport Beach, CA 92663 (949) 675-9964 (949) 675-9974 FAX Attn: Mark Schattinger CIVIL ENGINEER & WQMP Fuscoe Engineering, Inc. 16795 Von Kam,en, Suite100 Irvine, CA 92606 (949)474· 1960 Attn: Mark Nero ACOUSTICAL ENGINEER ·TB□ CONTRACTOR SL Residential 17962 Cowan Irvine, CA92614 (949) 863-91116 MECHANICAL, ELECTRICAL, PLUMBING ·TB□ SOILS ENGINEER ·TBO SUMMARY & VICINITY MAP PROJECT ADDRESS 150 Newport Center Drive Newport Beach, CA 92660 PROJECT DESCRIPTION A new four story 28-unit condominium building over a two level mechanically ventilated concrete parking garage. PROJECT INFORMATION APN: 442 23112 Zoning: Proposed PC text by owner Existing: OR Office-Regional Additional Specific Development Limits, See Table LU2: Anomaly 35 SHEET INDEX Drawinglist-Architectur■I Drawinglist-Consultants!m1ynotbeincludedinnllsets) SheatNumber Sh•etName Sheetlssu1 Date Commants ShHt Number Sh•etName Sha1tlssueDatel Comments AO Cover Sheet July29,2021 Landscape All1 PerspectivefromAnacapa Jun1D,2021 L1 ConeptuallandscapePlan 6/10/2021 All.2 Perspective from Newport Center Jun10,2D21 L2 Lifestyle Imagery 6/10/2021 A1 First Floor/ SitePlan July29,2021 L3 Motor Court Enlargement 6/10/2021 A2 SacondRoorPlan Jun10,2021 L4 Entry View 6/10/2021 A3 3rd Floor Plan Jun10,2021 L5 Pool Terrace Enlargement 6/10/2021 A4 Fourth Floor Jun1D,2021 LB Pool Terrace 6/10/2021 A5 Roof Jun10,2021 L.7 Pool Terrace 6/10/2021 AO Parking-1 July29,2021 LB Pool Terrace 6/10/2021 A7 Parking-2 Jun10,2021 LS TreaPlan,Notas&PlantPalette 6/10/2021 AB Section Jun1D,Z021 L.10 lrrigationHydrozones 6/10/2021 AS Elevations Junl0,2021 A10 Elevations Junl0,2021 Electrical A20.1 Open Space Areas Jun1D,2021 ED.I Lighting Fixb.Jre Schedule 07/00/2021 A20.2 Open Space Areas Jun1D,2021 E0.2 Lighting Fixture Photos 07/00/2021 A21.1 Gross Area Plans Jun1D,2021 E2.0 SitePlan 07/06/2021 A212 Gross Area Plans Jun10,2021 E2.1 Site Photometric Plan 07/06/2021 A21.3 Gross Area Plan Jun10,2021 E3.1 Enlarged Plans 07/06/2021 A'l2..1 Traffic Circulation lstFloor July29,2021 E3.2 Enlarged Plans 07/00/2021 A'21..Z Traffic Circulation Parking levels July29,Z021 AZJ.1 Building Code Diagrams JunlD,2021 Building Dept.only Civil A'l:3.2 Building Code Diagrams Jun1D,2021 Building Dept.only Cl.O Conceptual Grading Plan 7/'l.9/2021 w/2waystop A23.3 Building Code Diagrams Jun10,2021 Building Dept.only C2.0 Conceptual Utility Plan 7/29/2021 w/2waystop A24.1 Egress Load Jun10,2021 Building D11pt.only C3.0 S11ctions 7/29/2021 w/2waystop A"l.4.2 Egress Load JunlD,2021 Building Dept.only A25 BuildableArea Jun10,2021 Civil-Tract Map 1of1 Vesting Tentative Tract Map 8/01/2021 Survey ALTA ALT,A/ACSM Land ntle Survey 11/19/2013 GENERAL NOTES FIRE NOTES PLANNING 1. THESE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND ARE NOT TO BE USED FOR ANY OTHER LOCATION THAN THAT SHOWN HEREON. 2. NO CHANGES ARE TO BE MADE ON THESE PLANS WITHOUT THE KNOWLEDGE OR CONSENT OF THE ARCHITECT/ENGINEER WHOSE SIGNATURE APPEARS HEREON. 3. DIMENSIONS AS INDICATED ARE THE DIMENSIONS TO BE USED FOR CONSTRUCTION. DO NOT SCALE THE DRAWINGS. 4. NO FRAMING OF ANY TYPE IS TO BE CONCEALED PRIOR TO INSPECTION BY GOVERNING AGENCIES. 5. REFERENCE TO ANY DETAIL OR DRAWING IS FOR CONVENIENCE ONLY AND DOES NOT LIMIT THE APPLICATION OF SUCH DETAIL OR DRAWING. 6. DIMENSIONS AND CONDITIONS AT THE JOB SITE SHALL BE VERIFIED BY ALL CONTRACTORS. DISCREPANCIES IN THE DRAWINGS OR BETWEEN THE DRAWINGS AND ACTUAL FIELD CONDITIONS SHALL BE REPORTED TO THE ARCHITECT. CORRECTED DRAWINGS OR INSTRUCTIONS SHALL BE ISSUED BY THE ARCHITECT PRIOR TO THE INSTALLATION OF ANY WORK. THE ARCHITECT'S DRAWINGS SHALL GOVERN OVER STRUCTURAL, MECHANICAL, ELECTRICAL, AND LANDSCAPE DRAWINGS. 7. ALL WORK, CONSTRUCTION AND MATERIALS SHALL COMPLY WITH ALL PROVISIONS OF THE BUILDING CODE AND WITH OTHER RULES, REGULATIONS, AND ORDINANCES GOVERNING THE PLACE OF THE CONSTRUCTION. IT IS THE RESPONSIBILITY OF ANYONE SUPPLYING LABOR OR MATERIALS TO BRING TO THE ATTENTION OF THE ARCHITECT AND THE OWNER, ANY DISCREPANCIES OR CONFLICT BETWEEN THE REQUIREMENTS OF THE CODE AND THE DRAWINGS. THE APPLICABLE CODES SHALL INCLUDE, BUT NOT BE LIMITED TO: TITLE 24 AND 2019 CBC, CMG, CPC AND CEC. 8. THESE DRAWINGS DO NOT CONTAIN THE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. 9. EXTERIOR STUD WALLS ARE DIMENSIONED TO THE FACE OF SHEATHING AND SLAB EDGE. INTERIOR STUD WALLS ARE DIMENSIONED TO THE FACE OF OR FACE OF STUD OR CENTERLINE WHERE NOTED. AT REMODELS, EXIST. WALLS ARE DIMENSIONED FROM FACE OF FINISH. 10. DOORS, WINDOWS AND OTHER OPENINGS THAT ARE NOT DIMENSIONED AND ARE ADJACENT TO PERPENDICULAR WALLS SHALL BE "JAMB TIGHT' TO THE WALL. 11. ALL CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH THE STATE CONSTRUCTION SAFETY ORDER ENFORCED BY THE STATE DIVISION OF INDUSTRIAL SAFETY. 12. PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THAN 2-A WITHIN A 75 FOOT TRAVEL DISTANCE TO ALL PORTIONS OF THE BUILDING ON EACH FLOOR DURING AND AFTER CONSTRUCTION, PER UNIFORM FIRE CODE AND N.F.P.A. 10. 13. ALL EXCAVATION OR CONSTRUCTION OF TRENCHES WHICH ARE FIVE FEET OF DEEPER AND INTO WHICH A PERSON IS REQUIRED TO DESCENT SHALL BE DONE BY A CAL OSHA LICENSED CONTRACTOR. OBTAIN NECESSARY PERMIT FROM THE STATE OF CALIFORNIA, DIVISION IN INDUSTRIAL SAFETY PRIOR TO THE ISSUANCE OF A BUILDING OR GRADING PERMIT (HSC 17922.5 EFFECTIVE 3-6-76) 14. THE CONSTRUCTION OR DEMOLITION OF ANY BUILDING STRUCTURE. SCAFFOLDING OR FRAMEWORK MORE THAN THREE STORIES OR 36 IN HEIGHT REQUIRES A PERMIT FROM THE STATE OF CALIFORNIA DIVISION OF INDUSTRIAL SAFETY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT (HSC 17022.5 EFFECTIVE 3-6-76). 15. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE APPLICANT SHALL HAVE EVIDENCE OF CURRENT WORKMAN'S COMPENSATION INSURANCE COVERAGE ON FILE WITH THE DEPARTMENT IN COMPLIANCE WITH SECTION 3800 OF THE CALIFORNIA LABOR CODE. 16. COMPLY WITH ALL PROVISIONS OF HANDICAPPED ACCESSIBILITY/ ADAPT ABILITY REQUIREMENTS OF A.D.A. 17. OBTAIN SEPARATE PERMIT FOR SITE UTILITIES. 18. NO CONSTRUCTION FOR DEFERRED ITEMS SHALL BE COMMENCED UNTIL APPROVED AND PERMITTED BY THE BUILDING OFFICIAL. 19. BUILDING AREAS SHOWN ON THE DRAWINGS ARE INTENDED TO DOCUMENT THE AREAS OF THE BUILDING AS DESIGNED BUT MAY BE CALCULATED BY DIFFERENT METHODS AS REQUIRED BY APPROVING AGENCIES OR REQUESTED BY CLIENTS. IN ADDITION, THE ACTUAL BUILDING AREA AS CONSTRUCTED MAY DIFFER. THESE AREAS SHOULD THEREFORE NOT BE RELIED UPON FOR OTHER PURPOSES SUCH AS LEASING. 20. PROTECT DISSIMILAR METALS, WHERE THEY MAY BE EXPOSED TO MOISTURE, FROM GALVANIC ACTION. 1. A2A lOBC FIRE EXTINGUISHER WILL BE REO.UIRED FOR THE R-2 OCCUPANCY. THE EXTINGUISHER MUST BE LOCATED SO THAT IT IS NOT MORE THAN 75 FEET TRAVEL DISTANCE TO REACH AN EXTINGUISHER FROM THE FRONT DOOR OF EACH UNIT. CALIFORNIA FIRE CODE (CBC) SECTION 900. 2. THE PARKING GARAGE IS CLASSIFIED AS AN ORDINARY HAZARD OCCUPANCY, WHICH REQUIRESAZAZOBC FIRE EXTINGUISHER. THIS FIRE EXTINGUISHER WILL COVER 1500 SQUARE FEET OFFLOORAREAAND THE EXTINGUISHER MUST BE LOCATED SO THAT IT IS NOT MORE THAN 50 FEET TRAVEL DISTANCE TO REACH AN EXTINGUISHER FROM THE GARAGE FLOOR AREA. CFC SECTION 906. 3. A KNOX BOX WILL BE REO.UIRED. THE KNOX BOX SHALL BE LOCATED AS PER THE FIRE INSPECTOR'S INSTRUCTION AND CONTAIN THE FOLLOWING KEYS:CFCSECTION506 A. KEYS TO LOCKED POINTS OF INGRESS WHETHER ON THE INTERIOR OR EXTERIOR OF THE BUILDING. B. KEYS TO LOCKED MECHANICAL EQUIPMENT ROOMS. C. KEYS TO LOCKED ELECTRICAL ROOMS. D. KEYS TO ELEVATOR CONTROLS. E. KEYS TO OTHER AREAS AS DIRECTED BY THE FIRE CODE OFFICIAL. 4. ALL MULTI-UNIT RESIDENTIAL AND COMMERCIAL BUILDINGS SHALL HAVE NUMBERS OR ADDRESSES PLACED ABOVE OR IMMEDIATELY ADJACENT TO ALL DOORS THAT ALLOW FIRE DEPARTMENT ACCESS. IN NO CASE SHALL THE NUMBERS BE LESS THAN FOUR INCHES IN HEIGHT WITH A ONEHALF-INCH STROKE. ADDRESS NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND AND SHALL BE EITHER INTERNALLY OR EXTERNALLY ILLUMINATED TO BE VISIBLE AT NIGHT. ALL MULTI-UNIT RESIDENTIAL AND COMMERCIAL BUILDINGS SHALL HAVE NUMBERS OR ADDRESSES PLACED ABOVE OR IMMEDIATELY ADJACENT TO ALL DOORS THAT ALLOW FIRE DEPARTMENT ACCESS. AMENDMENT TO CALIFORNIA FIRE CODE SECTION 505.1.1. 5. STANDBY POWER SHALL BE PROVIDED FOR EMERGENCY RESPONDER RADIO COVERAGE SYSTEMS. THE STANDBY POWER SUPPLY SHALL BE CAPABLE OF OPERATING THE EMERGENCY RESPONDER RADIO COVERAGE SYSTEM FOR A DURATION OF NOT LESS THAN 24 HOURS CFC SECTION 510.4.2.3 6. STAIRWELL SIGNAGE SHALL MEET NEWPORT BEACH FIRE DEPARTMENT GUIDELINE & STANDARDS D.01. 7. THE FOLLOWING ITEMS WILL BE REOUIREDAND WILL NECESSITATE A SEPARATE PLAN SUBMITTAL AND PERMIT, NFPA 13 FIRE SPRINKLER SYSTEM, FIRE ALARM SYSTEM, STANDPIPE SYSTEM, UNDERGROUND FIRE LINEANDBOOMHZ. 8. SMOKE ALARMS WILL BE REQUIRED FOR THE INDIVIDUAL DWELLING UNITS ASPERC.F.C.SEC.907.2.8. 9. AREAS WITH AN "A" OCCUPANCY WILL BE RED.UIREDTO MEET ALL REO.UIREMENTS FOR AN ASSEMBLY TYPE OCCUPANCY REFERENCED IN CFC SECTION 1029. 10. ELECTRIC VEHICLE CHARGING STATIONS SHALL BE INSTALLED IN ACCORDANCE WITH THE CALIFORNIA ELECTRIC AL CODE AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE. ELECTRIC VEHICLE CHARGING SYSTEM EQUIPMENT SHALL BE LISTED AND LABELED IN ACCORDANCE WITH UL2202 ELECTRIC VEHICLE SUPPLY EQUIPMENT SHALL BE LISTED AND LABELED IN ACCORDANCE WITH UL"l.594. CBC SECTION 406.2.7 11. FIRE LANE IDENTIFICATION MUST BE PROVIDED AS PER NEWPORT BEACH FIRE DEPARTMENT GUIDELINE C.02. 12. VERTICAL AND HORIZONTAL SEPARATIONS BETWEEN OCCUPANCIES WILL BE REQUIRED AS PER CBC SECTION 508.4A, CBC 420.2,AND 420.3. 13.(NOTUSED) 14. AS PER CALIFORNIA FIRE CODE SECTION 5117.5.1, A FIRE HYDRANT Will BE REQUIRED WITHIN 400 FEET OF ALL PORTIONS OF EVERY STRUCTURE. IN ADDITION, THE NUMBER OF FIRE HYDRANTS Will ALSO BE DETERMINED BY THE REQUIRED FIRE FLOW FOR EACH STRUCTURE 15. A FIRE FLOW IS REQUIRED AND MUST BE DETERMINED AS PER NEWPORT BEACH FIRE GUIDELINE B.01.THE GUIDELINES ARE AVAILABLE ON THE CITY OF NEWPORT BEACH WEB SITE UNDER THE FIRE DEPARTMENT WEB PAGE. CFC SECTION 507.5.1 & CFC SECTION 507.3 16. EFFECTIVE EMERGENCY RESPONDER RADIO COVERAGE (800 MHZ)WILL BE REQUIRED AND SHALL COMPLY WITH CALIFORNIA FIRE CODE SECTION 510 AND NEWPORT BEACH AMENDMENT TO CFC SECTION 510.1 17. THE ELEVATOR CAR SHALL BE OF SUCH A SIZE AND ARRANGEMENT TO ACCOMMODATE A 24-INCH BY 84-INCH AMBULANCE GURNEY OR STRETCHER WITH NOT LESS THAN 5-INCH RADIUS CORNERS IN THE HORIZONTAL OPEN POSITION, SHALL BE PROVIDED WITH A MINIMUM CLEAR DISTANCE BETWEEN WALLS OR BETWEEN WALLS AND DOOR EXCLUDING RETURN PANELS NOT LESS THAN 80 INCHES BY54 INCHES AND A MINIMUM DISTANCE FROM WALL TO RETURN PANEL NOT LESS THAN 51 INCHESWITH A42-INCH SLIDE DOOR. CALIFORNIA BUILDING CODE(CBC) SECTION 3002.4.3A. 18. EMERGENCY POWER OUTLETS ARE REQUIRED AS PER NEWPORT BEACH FIRE DEPARTMENT AMENDMENT TO THE CALIFORNIA FIRE CODE. AMENDMENT STATES: PROVIDE AND INSTALL ELECTRICAL OUTLETS (120 VOLT, DUPLEX)THAT ARE CONNECTED TO THE EMERGENCY GENERATOR CIRCUITRY/ SYSTEM WHEN A GENERATOR IS REQUIRED BY SECTION 1203 OF THE CFC. THE ELECTRICAL OUTLETS SHALL BE PROVIDED IN THE FOLLOWING LOCATIONS: NEWPORT BEACH AMENDMENT TO CFC SECTION 1203.1.1.1 A. IN THE MAIN EXIT CORRIDOR OF EACH FLOOR ADJACENT TO EACH EXIT ENCLOSURE. B. ON EVERY LEVEL IN EVERY STAIRWELL. C. IN EACH ELEVATOR LOBBY. D. IN PUBLIC ASSEMBLY AREAS LARGER THAN 1,500 SQUARE FEET. E. IN EVERY FIRE CONTROL ROOM. F. IN SUCH AREAS AS MAY BE DESIGNATED BY THE FIRE CODE OFFICIAL. 19. FIRE SPRINKLERS ARE REQUIRED AND MUST BE DESIGNED AS PER NEWPORT BEACH FIRE GUIDELINEF.02. F.03, F.04,AND F.05. 20. FIRE ALARM SYSTEM IS REQUIRED AND MUST BE DESIGNED AS PER CALIFORNIA FIRE CODE SECTION 907. 21. A REMOTE FILL FOR THE DIESEL GENERATOR (TO REFUEL THE GENERATOR) WILL BE REQUIRED. PER CFC SECTION,5704.2.7.5.2, FILLING, EMPTYING AND VAPOR RECOVERY CONNECTION TO TANKS CONTAINING CLASS I, II OR IIIA LIQUIDS SHALL BE LOCATED OUTSIDE OF BUILDINGS IN ACCORDANCE WITH SECTION 5704.2.7.5.6AT A LOCATION FREE FROM SOURCES OF IGNITION AND NOT LESS THAN 5 FEET AWAY FROM BUILDING OPENINGS OR LOT LINE OF PROPERTY THAT c:AN BE BUILT UPON. SUCH OPENINGS SHALL BE PROPERLY IDENTIFIED AND PROVIDED WITH A LIO.UID -TIGHT CA.P THAT SHALL BE CLOSED WHEN NOT IN USE. FILLING AND EMPTYING CONNECTIONS TO INDOOR TANKS CONTAINING CLASS IIIB LIO.UIDS AND CONNECTED TO FUEL-BURNING EQUIPMENT SHALL BE LOCATED AT A FINISHED GROUND LEVEL LOCATION OUTSIDE OF BUILDINGS. SUCH OPENINGS SHALL BE PROVIDED WITH A LIQUIDTIGHT CAP THAT SHALL BE CLOSED WHEN NOT IN USE. A SIGN IN ACCORDANCE WITH SECTION 5003.6 THAT DISPLAYS THE FOLLOWING WARNING SHALL BE PERMANENTLY ATTACHED AT THE FILLING LOCATION: TRANSFERRING FUEL OTHER THAN CLASS IIIB COMBUYSTIBLE LIOU ID TO THIS TANK CONNECTION IS A VIOLATION OF THE FIRE CODE AND IS STRICTLY PROHIBITED 22. AREAS OF REFUGE SHALL BE PROVIDED WITH A 'Pll/0-WAY COMMUNICATION SYSTEM COMPLYING WITH SECTIONS 1009.8.2. PROJECT SUMMARY MULTI-STORY PROJECT PROJECT DESCRIPi10N THE P"QJEC-CONS.STS OF (1} 1,WLTI-STCl'IY R;;SIDENTIAL BULDIOO t LE�'£..!, OF JND.':RGFK)IJNDP.11,R-<NG OCCUPANCVGROUP· R-2 (R':31DENTII.U & 9-2 (PAAIQr>.G) BUILDING TYPE OF CONSTRUCTION: =eou1�EO /PAOVIDEO (FT) l : Af,1,<,,CA�ArllON-AG[ 115'/2-3' NCV.PORT::O\IITR DR 15'115' 'McSTEAN�TYLMC 0/19' OCUTIIERNPR""YUI\E 0/19' OPEN SPACE.: SooA20 1 a.ridA.202 FIEOUIR!=:D I,,,,.g/15' •J.'r 0:10· I l�t�,_�rnoon 1��G11CS�LOT I 2,7;;::s.F If---,-, o-,-,,-,,-,-,,.-,c-,,-,,-,,-_,-,,-R,-0)--------, I PRIVATE :)PEN SPACE JOSF PER EAOl ltll �----�----�--�GOVERNINQAGENCY: 9UIL0l1G FOCTPFI fH (RAST A.DOR) LOTCOVERAGE(EX-ISTltfil) ACDITlCfV•.LAREAS P.IJlKINGSA.31:�CNTLPPL"All:A P.o.RK!NG =ASE.r.lENT LD'JFR AREA RESICENT1"-(2PffiUNl1'; GUESTi� PE"UNtT) ➔�:U,006 s.-. +�26,b�I S.• PROV1OEO RESIDENTIAL UNIT$: ,/-S,SC(I S.F. ../-12,23:>SF. =esoem.-LUNITSCROSSAREA·(FLOCfl 1-li: ;,l-$;:36 S.F. • NOTE: :OES I\OT l�CLU:JE $HAl1ED OllCIJL>,TIQ\ NOTES Cirwialm,Lott>Ms,Finess,elc TO'.alGn>s<pi.,niR;iofff PARKING RESIDENTIALREO. RESIDENTIAL PROPOSED GUESTRED.UIRED GUEST PROPOSED TOTAL PARKING PROVIDED ACCESSIBLE SPACES LOADING SPACES GUEST PARKING (SeeplansA21.1,A21.2,A21.3)forareaexhibits Building TabUatioo >t,M,INNGAAEII.S (g,oeod'1 2.271 1rs111o:re:relJ!l1i0•,1rrtsc 55115 1,4)0 o'liQII IS02 2,9,,3 2,4,:!l,I 2.4!l3 sacordllOOle:rtmln'llllm: . .,..,.,.,, .. �,1.,..,.,,IP""''""'l.,·•\•UIDl",1"'"'1Uwal:,4r,..i.,,,). c:on:1cu,tsa«tsclda,1'11eroraifiP10ard"NOOldt>esrreliera'eJ = 2 PER RESIDENTIALUNITX28 UNITS= 56STAL1S MIN RED.. =57STALLS>56REQ ... OK "1/2 PER UNITX28 UNITS =14 STALLS MIN RED = 2fi> 14 MIN ... OK (SEE ALSO ADDITIONAL GUEST PARKING INFO BELOW) = 57+26SPACES= 83 STALLS =4 PROPOSED/4 REQUIRED (1 VAN REO.UIRED) =1 SPACE PROPOSED, 13'-6" CLEAR HEIGHT X55' LONG { FOR DELIVERIES & MOVE-IN/OUT) LEVEL 1 = 3 DROP-OFF/ VALET+ (1 LOADING/DELIVERY SPACE -not counted in guest parking) LEVEL-1 =11 GUEST STALLS LEVEL -2 = 12 GUEST STALLS (employee/ maintenance parking) TOTAL• 26* GUEST STALLS (includes 4 accessible spaces & 3 valet/drop-off spaces) ""11ccessiblestallsprovidedcanbeusedbyeitherguestsorresidents. OPEN SPACE PRIVATE REQUIRED: PRIVATE PROVIDED: COMMONREOUIRED: COMMON PROVIDED: 75SF/UNIT, WITH AMIN OF6' DIMENSION EXCEED MIN 75 SF (SEE SHEET A20.1 &A20.2 FOR PLANS, DIMENSIONS,ANDTABULATIONS) 5% OF GROSS SITE AREA, WITH A MIN DIMENSION OF 15' 3,600 SF PROPOSED> Z,750 SFMIN ..... OK (SEE SHEET A20.1 FOR PLAN AND DIMENSIONS) stearns ARCHITECTURE SOOBr�• Lag1mikach,CA92651 9493,67160 Residences at Newport Center 150 Newport Center Drive Newport Beach, CA Client Newport Center Anacapa Associates LLC. Cover Sheet Sheet Index Vicinity Map Project Sum. Notes Clouded Revisions Number I Dete Description AO PA2020-020 Attachment No. PC 5 - Project Plans 183 PA2020-020Attachment No. PC 5 - Project Plans184 PA2020-020Attachment No. PC 5 - Project Plans185 PA2020-020Attachment No. PC 5 - Project Plans186 PA2020-020Attachment No. PC 5 - Project Plans187 PA2020-020Attachment No. PC 5 - Project Plans188 PA2020-020Attachment No. PC 5 - Project Plans189 PA2020-020Attachment No. PC 5 - Project Plans190 PA2020-020Attachment No. PC 5 - Project Plans191 PA2020-020Attachment No. PC 5 - Project Plans192 PA2020-020Attachment No. PC 5 - Project Plans193 PA2020-020Attachment No. PC 5 - Project Plans194 PA2020-020Attachment No. PC 5 - Project Plans195 PA2020-020Attachment No. PC 5 - Project Plans196 PA2020-020Attachment No. PC 5 - Project Plans197 PA2020-020Attachment No. PC 5 - Project Plans198 PA2020-020Attachment No. PC 5 - Project Plans199 PA2020-020Attachment No. PC 5 - Project Plans200 PA2020-020Attachment No. PC 5 - Project Plans201 PA2020-020Attachment No. PC 5 - Project Plans202 PA2020-020Attachment No. PC 5 - Project Plans203 PA2020-020Attachment No. PC 5 - Project Plans204 PA2020-020Attachment No. PC 5 - Project Plans205 PA2020-020Attachment No. PC 5 - Project Plans206 PA2020-020Attachment No. PC 5 - Project Plans207 PA2020-020Attachment No. PC 5 - Project Plans208 PA2020-020Attachment No. PC 5 - Project Plans209 PA2020-020Attachment No. PC 5 - Project Plans210 PA2020-020Attachment No. PC 5 - Project Plans211 PA2020-020Attachment No. PC 5 - Project Plans212 PA2020-020Attachment No. PC 5 - Project Plans213 PA2020-020Attachment No. PC 5 - Project Plans214 PA2020-020Attachment No. PC 5 - Project Plans215 PA2020-020Attachment No. PC 5 - Project Plans216 PA2020-020Attachment No. PC 5 - Project Plans217 PA2020-020Attachment No. PC 5 - Project Plans218 PA2020-020Attachment No. PC 5 - Project Plans219 PA2020-020Attachment No. PC 5 - Project Plans220 PA2020-020Attachment No. PC 5 - Project Plans221 PA2020-020Attachment No. PC 5 - Project Plans222 PA2020-020Attachment No. PC 5 - Project Plans223 PA2020-020Attachment No. PC 5 - Project Plans224 PA2020-020Attachment No. PC 5 - Project Plans225 PA2020-020Attachment No. PC 5 - Project Plans226 PA2020-020Attachment No. PC 5 - Project Plans227 PA2020-020Attachment No. PC 5 - Project Plans228 PA2020-020Attachment No. PC 5 - Project Plans229 150 Newport Center Drive Planning Commission Hearing August 19, 2021Residences at Newport Center Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 2 Vicinity Map NB Country Club Fashion Island Gateway Plaza Blocks 200 & 300 Block 400 City Hall Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Introduction Study Session May 6, 2021 Public Hearing Community Development Department -Planning Division 3 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Study Session Comments Consistency of Materials Irvine Company comments Nuisances related to offsite uses Traffic Carwash Displacement Accessibility of dog run Nighttime Lighting Community Development Department -Planning Division 4 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 5 Existing Conditions Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Proposed Project Proposed Project 28 condominium units (flats) 2 levels of subterranean parking 4 stories and 53 feet high Common/private open space 1,430 sf to 5,689 sf per flat Community Development Department -Planning Division 6 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Entitlements General Plan Amendment CO-R to RM Zoning Code Amendment OR to PC Planned Community Development Plan “PC-Text” Waiver of minimum acreage Establish zoning regulations Community Development Department -Planning Division 7 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Entitlements (Continued) Site Development Review Tract Map Development Agreement Environmental Impact Report Community Development Department -Planning Division 8 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 9 Aerial View Newport Center DrivePlanning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 10 Site Plan Guest & Valet Entrance Anacapa Dr Lobby & Common Areas Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 11 Primary Resident Access Gate F Trash Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 12 Rendering Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 13 Plan Section (Partial)Newport Center Drive53 feet60 feet Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 14 Charter Section 423 Statistical Areas Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 15 Charter Section 423 Analysis Statistical Area L1 Increase in Allowed Floor Area (sq. ft.) Increase in Allowed Dwelling Units Increase in A.M. Peak Hour Trips Increase in P.M. Peak Hour Trips Proposed Project 0 28 3.3 2.3 80% of Prior Amendments Combined 1.NB Country Club 2.Vivante Senior Housing 16,800 72 21 42 TOTALS 16,800 100 24.3 44.3 Section 423 Thresholds >40,000 >100 >100 >100 Vote No No No No Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) CEQA Draft Environmental Impact Report (DEIR) 45-Day Public Review Period April 29th to June 14th No Significant and Unavoidable Impacts Identified 4 Alternatives Evaluated Community Development Department -Planning Division 16 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Mitigation Mitigation Measures Identified for 4 Topics: Biological Resources Cultural Resources Geology and Soils Tribal Cultural Resources MMRP –Exhibit C of Resolution Community Development Department -Planning Division 17 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) EIR 6 Comments received on DEIR No follow up concerns from neighboring property owners or agencies Consultation with Tribes AB52 and SB18 Revised Mitigation (Monitoring) Recent comment letter Final EIR posted online Community Development Department -Planning Division 18 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Fiscal Impacts and DA Fiscal Analysis Evaluated Project and Alternatives from the EIR Project = Highest net fiscal impact Development Agreement $2.5 Million 10-Year Term General public use Affordable housing Services for those experiencing homelessness Public safety Community Development Department -Planning Division 19 Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Community Development Department -Planning Division 20 Recommendation 1.PC Recommend that the City Council•Approve requested entitlements•Certify the Final EIR and MMRP•Rescind Use Permit for carwash Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Planning Commission Hearing August 19, 2021 Questions or Comments? Planning Commission - August 19, 2021 Item No. 4a - Additional Materials Presented At Meeting By Staff Residences at Newport Center (PA2020-020) Newport Beach Planning Commission Public Hearing Thursday, August 19th Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) OUR TEAM NEWPORT CENTER ANACAPA ASSOCIATES, LLC Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) OUR REQUEST General Plan Amendment Zone Code Amendment Planned Community Development Plan Major Site Development Review Tentative Tract Map Development Agreement Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) COMMUNITY MEETINGS APRIL 13TH SPON APRIL 27TH Harbor View Hills Community Association MAY 19TH Irvine Terrace Community Association JULY Neighboring Businesses Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PROJECT LOCATION –150 NEWPORT CENTER DRIVE Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PROJECT STATS Total Lot Area 54,959 SF Approximately 1.26-AC 4 Stories of Residential 28 Luxury Condominiums 2 Levels of Underground Parking•83 Total Parking Spaces 15,830 SF Open Space Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) ARCHITECTURE Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PERSPECTIVE FROM ANACAPA DRIVE Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PERSPECTIVE FROM NEWPORT CENTER DRIVE Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) COLOR AND MATERIALS Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) SITE SECTION 1 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) ILLUSTRATIVE SITE PLAN Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) SITE PLAN –SECOND FLOOR RESIDENCE 16 RESIDENCE 15 RESIDENCE 14 RESIDENCE 13 RESIDENCE 11 RESIDENCE 10 RESIDENCE 9 RESIDENCE 12 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) SITE PLAN –THIRD FLOOR Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) SITE PLAN –FOURTH FLOOR Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) LANDSCAPE Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) ILLUSTRATIVE SITE PLAN Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) ENTRY VIEW L.4 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) POOL TERRACE VIEW L.6 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) POOL TERRACE VIEW L.7 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) POOL TERRACE VIEW L.8 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PET RELIEF AREA Synthetic Turf, 4-Foot-High Fencing & Gated Access Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) TRAFFIC CIRCULATION PARKING LEVEL 1 Pet Relief Area Access Resident Entrance Exit Pet Relief Area Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) EXTERIOR LIGHTING EXHIBIT L.11 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) EXTERIOR LIGHTING FIXTURES EXHIBIT L.11 RECESSED LINEAR STEPLIGHT FOR WALKWAYS DECORATIVE POST LIGHT AT ENTRY FLUSH GRADE LINEAR UPLIGHT RECESSED DECORATIVE LIGHTS IN CANOPIES WALL MOUNTED CYLINDER LED DOWNLIGHT DECORATIVE EXTERIOR SCONCE DECORATIVE POST LIGHTAT POOL DECK Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PHOTOMETRICS L.12 Site Lighting Photometric Exhibit Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PHOTOMETRICS L.12 Pet Relief Area and Parking Entry Photometrics Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PARKING & CIRCULATION Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) VISITORS ILLUSTRATIVE SITE PLAN RESIDENTS Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) TRAFFIC CIRCULATION PARKING LEVEL 1 Resident Entrance Exit Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) TRAFFIC CIRCULATION PARKING LEVEL 2 Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) DETAILED MOVING VAN TURNING PATH OF TRAVEL Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) DETAILED TRASH TRUCK TURN PATH IN Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) DETAILED TRASH TRUCK TURN PATH OUT Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) VIEW SIMULATIONS Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) 53’ / 221’ SURROUNDING BUILDING HEIGHTS Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) SURROUNDING BUILDING HEIGHTS 53’ / 221’ Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) EXISTING VIEW Harbor View Hills Community –Crown Dr. & Ebbtide Rd. (EIR –Existing View 1)KEY MAP Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEW Harbor View Hills Community –Crown Dr. & Ebbtide Rd. (EIR –Proposed View 1) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEWHarbor View Hills Community –Sea Ln. & Crown Dr.(EIR –Existing View 3) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEWHarbor View Hills Community –Sea Ln. & Crown Dr.(EIR –Proposed View 3) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEW Harbor View Broadmoor Community –Windover Dr. & Surfline Wy (EIR –Existing View 2) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEW Harbor View Broadmoor Community –Windover Dr. & Surfline Wy (EIR –Proposed View 2) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEW Broadmoor Hills Community – Saltair Dr. & Blue Water Dr. (EIR –Existing View 4) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEW Broadmoor Hills Community – Saltair Dr. & Blue Water Dr. (EIR –Proposed View 4) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEW Civic Center Park Bridge at Avocado Ave & San Miguel Dr (EIR –Existing View 6) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEWCivic Center Park Bridge at Avocado Ave & San Miguel Dr. (EIR –Proposed View 6) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEW Newport Center at Macy’s Terrace (EIR –Existing View 5) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEW Newport Center at Macy’s Terrace (EIR –Proposed View 5) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEW Newport Center Dr. at Red O Restaurant (EIR –Existing View 7) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEW Newport Center Dr. at Red O Restaurant (EIR –Proposed View 7) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP EXISTING VIEW Newport Center Dr. behind Fig & Olive Restaurant (EIR –Existing View 8) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) KEY MAP PROPOSED VIEW Newport Center Dr. behind Fig & Olive Restaurant (EIR –Proposed View 8) Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) CONCLUSION Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) COMMUNITY CONCERNS ADDRESSED •Lowered height from 2014 proposal •Reduced number of units from 2014 proposal •No view impact from existing residential communities Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) PROJECT BENEFITS •Traffic reduction of 75% (from existing carwash) •Lowered water usage & less impact on wastewater (from existing carwash) •Architectural consistency and enhancement •Community Benefit Fee through the DA Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020) THANK YOU Planning Commission - August 19, 2021 Item No. 4b - Additional Materials Presented At Meeting By Applicant Residences at Newport Center (PA2020-020)