HomeMy WebLinkAboutPC2024-005 - APPROVING A MAJOR SITE DEVELOPMENT REVIEW, AFFORDABLE HOUSING IMPLEMENTATION PLAN, AND TENTATIVE PARCEL MAP FOR THE RESIDENCES AT AIRPORT VILLAGE PROJECT LOCATED AT 4540, 4570, 4600, AND 4630 CAMPUS DRIVE AND 4525, 4533, AND 4647 MACARTHUR BRESOLUTION NO. PC2024-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING A MAJOR SITE DEVELOPMENT REVIEW, AFFORDABLE HOUSING IMPLEMENTATION PLAN, AND TENTATIVE PARCEL MAP FOR THE RESIDENCES AT AIRPORT VILLAGE PROJECT LOCATED AT 4540, 4570, 4600, AND 4630 CAMPUS DRIVE AND 4525, 4533,
AND 4647 MACARTHUR BLVD (PA2023-0223)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Picerne Group (“Applicant”), with respect to the property located at 4540, 4570, 4600, and 4630 Campus Drive and 4525, 4533, and 4647 Macarthur Blvd, and legally described as Lots 13, 15, 16, 17, and 18 of Tract Map No.
5169 (“Property”).
2. The Applicant is requesting approval to develop a six-story, apartment complex consisting of 444 residential units and 806 parking spaces (Project), which requires the following approvals:
• Major Site Development Review (“SDR”): A site development review in accordance with the Newport Airport Village Planned Community (PC-60) and Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal
Code (“NBMC”) to construct the Project;
• Affordable Housing Implementation Plan (“AHIP”): A plan specifying how the Project would meet the City’s affordable housing requirements, in exchange for a
request of 35% increase in density including a request for two development standard waivers related to private open space for each residential unit, and overall residential project density along with a development concession related to the mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 et seq. (State Density Bonus Law); and
• Tentative Parcel Map: A tentative parcel map to consolidate five lots into one 6.44- gross acre (6.16-net acre) parcel, pursuant to Chapter 19.12 (Tentative Map Review) of the NBMC.
3. The Property is designated Mixed-Use Horizontal 2 (MU-H2) by the City of Newport Beach General Plan and is located within the Planning Area 1 of Newport Airport Village Planned Community (PC-60) Zoning District.
4. The Property is not located within the coastal zone; therefore, amending the Local Coastal
Program or a coastal development permit is not required.
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5. On September 22, 2020, the City Council approved the zoning entitlements and
Environmental Impact Report Addendum No. ER2020-002 (Addendum No. 3) for the
Newport Airport Village Planned Community (PC-60), which consists of a mixed-use planned community of up to 444 residential units, inclusive of density bonus units, and up to 297,572 square feet of commercial use.
6. A public hearing was held on April 18, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of the 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 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this
public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. All potential environmental effects for the adoption of the Newport Airport Village Planned
Community (PC-60) and approval of the conceptual development plan for the entire
planned community have been adequately addressed in the previously adopted Newport Airport Village Environmental Impact Report Addendum No. 3, and the City of Newport Beach intends to use said document for the approval of the Project and its implementation. Copies of the previously prepared environmental document are
available for public review and inspection at the Planning Division or at the City of
Newport Beach website at www.newportbeachca.gov/ceqa. 2. A California Environmental Quality Act (“CEQA”) Consistency Memorandum has been prepared and determined that the Project is consistent with the Newport Airport Village
Planned Community (PC-60) and within the scope of Addendum No. 3. No additional
environmental review pursuant to CEQA is required. The accompanying adopted CEQA Consistency Memorandum prepared for the Project, with the adopted Addendum No. 3, are attached hereto as Exhibit "A” and incorporated by reference.
3. 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.
Major Site Development Review
In accordance with Section 20.52.080(F) (Site Development Reviews – Findings and Decisions) of the NBMC, the following findings and facts in support of such findings are set forth as follows:
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Finding:
A. The proposed development is allowed within the subject zoning district. Facts in Support of Finding:
1. The Property is located within Planning Area 1 of the Newport Airport Village Planned
Community (PC-60) which serves as the zoning ordinance for the Property and is intended to implement the provisions of the Newport Beach General Plan. Planning Area 1 allows for residential development consistent with the Mixed-Use Horizontal 2 (MU-H2) land use designation and subject to a site development review. The Applicant
proposes a 444-unit apartment project, consisted of 329 base residential units and 115
density bonus units, a maximum number of residential units allowed in Planning Area 1. 2. The Newport Airport Village Planned Community (PC-60) requires approval of a site development review prior to the issuance of a grading or building permit for the
construction of any new structures within the boundaries of the Planning Areas 1 and 2.
Finding: B. The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments; and whether
the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s)-of-way and compliance with NBMC Section 20.30.100 (Public View Protection).
Facts in Support of Finding: 1. The Property is categorized as Mixed-Use Horizontal 2 (MU-H2) by the General Plan Land Use Element, which applies to properties located in the Airport Area. It provides
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for a horizontal intermixing of uses that may include regional commercial office, multi-family residential, vertical mixed-use buildings, industrial, hotel room, and ancillary
neighborhood commercial uses.
2. The Project is consistent with the following City of Newport Beach General Plan policies that establish fundamental criteria for the formation and implementation of new residential development in the Airport Area:
a. Land Use Policy LU 2.3 (Range of Residential Choices): Provide opportunities
for the development of residential units that respond to community and regional
needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City’s Housing Element.
The Project proposes a 444-unit apartment complex, including 37 affordable units for very-low-income households. The Project responds to market needs and diversifies the City’s housing stock by adding additional dwelling units to the Airport Area.
b. Land Use Policy 6.15.3 (Airport Compatibility): Require that all development
be constructed in conformance with the height restrictions set forth by the Federal
Aviation Administration (FAA), Federal Aviation Regulations Part 77, and Caltrans Division of Aeronautics, and that residential development shall be
allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA
CNEL noise contour area as shown in Figure N5 of the Noise Element of the
General Plan, unless and until the City determines, based on substantial
evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate.
Nonresidential uses are, however, encouraged on parcels located wholly within
the 65 dBA CNEL contour area.
The Project is designed to be 85 feet in height, consistent with the maximum building height allowance for residential development in Planning Area 1. The
Federal Aviation Administration (FAA) conducted an aeronautical study of the
Project pursuant to applicable Federal regulations and has determined no hazard to air navigation for the Project. The Project is located primarily in the 60 dBA CNEL contour as shown in Figure
N5 of the General Plan Noise Element, where residential development is allowed.
The northwest corner of the property located on 4540 Campus Drive is partially within the 65 dBA CNEL contour where the Project is designed to have amenities such as a fitness/yoga center, club room, and underground parking. No residential units are proposed within the 65 dBA CNEL contour area.
c. Land Use Element Policy LU 6.15.5 (Residential and Supporting Uses):
Accommodate the development of a maximum of 2,200 multi-family residential
units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail,
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grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development
phase includes a mix of residential and nonresidential uses or replaces existing
industrial uses, the number of peak hour trips generated by cumulative
development of the site shall not exceed the number of trips that would result
from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas
not used as occupiable buildings on properties within the Conceptual
Development Plan Area depicted on Figure LU22 provided that the parking is
replaced on site.
General Plan Land Use Policy LU 6.15.5 established a development limit of 2,200
maximum dwelling units for the Airport Area. Of the 2,200 residential units
allowed, 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units meaning they are not required to replace other units and they may be constructed as “in-fill” units to existing commercial or office development within the
Conceptual Development Plan Area (CDPA) of the Airport Area. Any eligible
density bonus allowed by Government Code Sections 65915 (Density Bonus Law) and Chapter 20.32 (Density Bonus) of the NBMC are not included in the 2,200-unit allowance.
Of the 1,650 replacement units, the approval of the Newport Airport Village
Planned Community (PC-60) entitled up to 329 replacement units within Planning Area 1 in which the Property is located, exclusive of any density bonus. Additionally, the Property is within Anomaly No. 86 of the General Plan which allocates a development limit of 329 dwelling units.
d. Land Use Policy LU 6.15.7 (Overall Density and Housing Types): Require
that residential units be developed at a minimum density of 30 units and
maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights-of-way, public
pedestrian ways, and neighborhood parks. Within these densities, provide for the
development of a mix of building types ranging from townhomes to high-rises to
accommodate a variety of household types and incomes and to promote a
diversity of building masses and scales.
The Property is 6.16 net acres in size, smaller in size compared to the
approximate total of 7.15 acres for Planning Area 1 and proposes 329 base units at a density of 53 dwelling units per acre, without density bonus units. A development waiver of the density range has been requested by the Applicant as part of the Project. However, the base density of 329 units is consistent with the
dwelling units allocated for this Anomaly in the General Plan as well as the base
units allowed per the Newport Airport Village Planned Community (PC-60). The base density does not include the 35% density bonus of 115 units that is allowed by the State Density Bonus Law. Altogether, the Project has an overall density of 72 dwelling units per acre, which is exclusive of rights-of-ways, public pedestrian
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ways, and neighborhood parks. It’s anticipated that commercial development will be developed within the remaining 0.99 acres in Planning Area 1, as permitted.
The Project is a for-rent apartment development with 444 units. There is a mixture of unit types, ranging from studio to three-bedroom units, accommodating a variety of household types and incomes. Of the 444 units, 37 units will be affordable to very-low-income households and 407 will be market-rate housing,
which will increase the City’s overall housing stock for various household income
levels.
e. Land Use Policy LU 6.15.8 (First Phase Development Density): Require a residential density of 45 to 50 units per net acre, averaged over the first phase
for each residential village. This shall be applied to 100 percent of properties in
the first phase development area whether developed exclusively for residential
or integrating service commercial horizontally on the site or vertically within a
mixed-use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average
density for the area encompassed by the first phase is achieved.
The Project would be developed in one phase on an individual site with a density of 72 dwelling units per acre. This increase in density is requested and consistent with State Density Bonus Law.
f. Land Use Policy LU 6.15.9 (Subsequent Phase Development Location and
Density): Subsequent phases of residential development shall abut the first
phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be
30 units per net acre and shall not exceed the maximum of 50 units per net acre
averaged over the development phase. See finding LU 6.15.8 First Phase Development Density above.
g. Land Use Policy LU 6.15.13 (Neighborhood Parks Standards): To provide a
focus and identity for the entire neighborhood and to serve the daily recreational
and commercial needs of the community within easy walking distance of homes,
require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights-of-way) of the first phase development in each
neighborhood, or ½ acre, whichever is greater, as a neighborhood park. This
requirement may be waived by the City where it can be demonstrated that the
development parcels are too small to feasibly accommodate the park or
inappropriately located to serve the needs of local residents, and when an in-lieu fee is paid to the City for the acquisition and improvement of other properties as
parklands to serve the Airport Area.
In every case, the neighborhood park shall be at least 8 percent of the total
Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or
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new rights-of-way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as
prescribed by the Recreation Element of the General Plan.
As part of the approved land use entitlements of Newport Airport Village Planned Community (PC-60), the City Council waived the park dedication requirement for the entire development. In lieu of dedicating the land for park improvement, the
Applicant shall be required to pay an in-lieu park fee as previously established in
Development Agreement No. DA2014-003 and as approved by City Council Resolution No. 2020-23. h. Land Use Policy LU 6.15.14 (Location): Require that each neighborhood park
is clearly public in character and is accessible to all residents of the
neighborhood. Each park shall be surrounded by public streets on at least two
sides (preferably with on-street parking to serve the park) and shall be linked to
residential uses in its respective neighborhood by streets or pedestrian ways.
See finding LU 6.15.13 above.
i. Land Use Policy LU 6.15.16 (On-Site Recreation and Open Space Standards): Require developers of multi-family residential developments on parcels 8 acres or larger to provide on-site recreational amenities. For these
developments, 44 square feet of on-site recreational amenities shall be provided
for each dwelling unit in addition to the requirements under the City’s Park
Dedication Ordinance and in accordance with the Parks and Recreation Element
of the General Plan. On-site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity.
These recreational amenities may also include swimming pools, exercise
facilities, tennis courts, and basketball courts. Where there is insufficient land to
provide on-site recreational amenities, the developer shall be required to pay
cash in-lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City’s Park Dedication Fee Ordinance.
The acreage of on-site open space developed with residential projects may be
credited against the parkland dedication requirements where it is accessible to
the public during daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate recreational use by the public. However, the credit
for the provision of on-site open space shall not exceed 30 percent of the parkland
dedication requirements. The Project is located on a 6.16-acre site and is not subject to Policy LU 6.15.16, as the policy only applies to properties consisting of eight acres or larger.
However, the Project exceeds the 44 square feet per unit minimum by providing
approximately 147 square feet per unit (approximately 1.5 acres) of on-site recreational amenities including a large central interior courtyard, clubroom, media center, pools, and lounge areas.
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j. Land Use Policy LU 6.15.17 (Street and Pedestrian Grid): Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections
between neighborhoods and community amenities, and is scaled to the
predominantly residential character of the neighborhoods. The Project is a podium style development with five access points for vehicular circulation from MacArthur Boulevard, Birch Street, and Campus Drive to the
garage entries. Pedestrian connections are provided to public sidewalks along
MacArthur Boulevard, Birch Street, and Campus Drive. The Project retains the required curb-to-curb dimension on MacArthur Boulevard, Birch Street, and Campus Drive. No new public right-of-way proposed.
k. Land Use Policy 6.15.18 (Walkable Streets): Retain the curb-to-curb dimension
of existing streets but widen sidewalks to provide park strips and generous
sidewalks by means of dedications or easements. Except where traffic loads
preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short term parking for visitors and shop customers.
See finding Land Use Policy 6.15.17 above.
l. Land Use Policy 6.15.19 (Connected Streets): Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments
are tentative and may change as long as the routes provide the intended
connectivity. If traffic conditions allow, connect new and existing streets across
Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian
refuges in the median.
See finding Land Use Policy 6.15.17 above.
m. Land Use Policy 6.15.20 (Pedestrian Improvements): Require the dedication
and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides
the intended connectivity. For safety, the full length of pedestrian ways shall be
visible from intersecting streets. To maintain an intimate scale and to shade the
path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian
ways shall be open to the public at all times.
See finding Land Use Policy 6.15.17 above.
n. Land Use Policy LU 6.15.22 (Building Massing): Require that high-rise
structures be surrounded with low- and mid-rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale.
The Project is approximately 85 feet in height and is consistent with the approved maximum height of the Newport Airport Village Planned Community (PC-60), as well as the larger pattern of development in the Airport Area. The nearby property at 4667 MacArthur Boulevard is developed with an approximately 66-foot-tall
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office building. The property located west at 4501 Birch Street is developed with an approximately 22-foot-tall office building. Additionally, the nearby property at
4500 Campus Drive is developed with an approximately 22-foot-tall vehicle rental
service with surface parking and vehicle storage. The Project includes pedestrian connectivity to public sidewalks along McArthur Boulevard, Campus Drive, and Birch Street, and pedestrian-scale landscaped areas around the apartment building.
o. Land Use Policy LU 6.15.23 Sustainability Development Practices: Require
that development achieves a high level of environmental sustainability that
reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and
design, transportation modes, and other techniques. Among the strategies that
should be considered are the integration of residential with jobs-generating uses,
use of alternative transportation modes, maximized walkability, use of recycled
materials, capture and re-use of storm water on-site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss.
The Project is required to comply with the provisions of the Building and Energy Efficiency Standards (CCR, Title 24, Parts 6 and 11) and the Green Building Standards Code (CCR, Title 24, Part 11 - CALGreen). Additionally, the Project would implement water-efficient landscaping, water quality best management
practices to treat surface runoff from the Property, and low impact development
practices. The Project is also adjacent to office developments in the Airport Area and would provide housing near employment opportunities. The Project includes pedestrian
linkage to public sidewalks that would provide connections throughout the
Property and to adjacent and surrounding uses including anticipated future development of Planning Area 2, thereby providing an alternative mode of public transportation for the residents and their visitors. The Project would also provide alternative forms of transportation to residents by locating close to the existing
Orange County Transportation Authority (OCTA) bus routes provided along
Campus Drive and Birch Street. 3. The proposed six-story residential apartment complex will be approximately 85 feet in height inclusive of architectural elements and rooftop mechanical equipment. The
Newport Airport Village Planned Community (PC-60) sets residential design guidelines
to ensure an appropriate aesthetic quality related to architectural variety, windows and entries, and massing and articulation. The Project design is consistent with the parameters set forth. The architecture incorporates a modern contemporary style with articulated façade composed of a mix of stucco, fiber cement board siding, and tile
veneer façade accents with a variety of neutral colors. The contemporary design
complements the surround office areas that respects the current condition. The Project design includes underground parking for residents, guests, and prospective renters. It also includes a large open courtyard in the center of the apartment complex with two
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pools and an approximately 2,400 square-foot covered courtyard patio to accommodate amenities for the residents.
4. The Project includes a minimum of 806 parking spaces where 519 parking spaces are required. The required parking rate is based on the requirements of Government Code Section 65915(p) when the Applicant is seeking a density bonus for a housing development. The Property will provide adequate onsite parking exceeding the minimum
required residential standard pursuant to State Density Bonus Law. The parking is
largely screened from public view with the first level entirely below grade. 5. The Newport Airport Village Planned Community (PC-60) requires common open space in the amount of 75-square-feet per unit with a minimum dimension of 15-feet in any
direction. The minimum square footage of common open space for 444 units is 33,3000
square-feet. The Project incorporates a large open common space area in the center that is approximately 1.5 acres. A conceptual landscape plan was provided showing planting areas in the open space areas, lighting, and pedestrian walkways. A final landscape plan will be reviewed to ensure the Project incorporates non-invasive plan
species and efficient irrigation designs. Additionally, the Municipal Operations Division
has reviewed the plans for tree planting. 6. The Property is not within the vicinity of any Coastal Views as identified in Figure NR3 of the Natural Resources Element of the General Plan nor any coastal view roads. The
closest designated coastal view road is Jamboree Road south of the SR-73, over 5,000
feet away from the Property. The nearest public viewpoint to the Property identified in the City’s General Plan is over a mile, south at Bayview Park. Due to the distance and highly urbanized nature of the Project area, public coastal views along this view corridor would not be impacted by the Project.
Finding:
C. The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in
the neighborhood of the proposed development. Facts in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding uses
are minimized to the extent possible to maintain a healthy environment for both surrounding businesses and residents by providing an architecturally pleasing and contemporary design with articulation and high-quality material to enhance the urban environment.
2. The Project has been designed to have adequate, efficient, and safe pedestrian and vehicular access to and from the Property within driveways, parking, and loading spaces. The Project is also designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles. Refuse collection
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is accommodated via an on-site staging area along the private driveway to ensure safe maneuvering by refuse vehicles. Emergency vehicles will have access to the Project via
access points along Birch Street, Campus Drive and MacArthur Blvd.
3. The Property is within the notification area of the AELUP for John Wayne Airport. However, the Project is below the maximum transitional imagery surface heights, and thus the Project is within the building height limits of the AELUP. The property is located
within the 60 dBA CNEL noise contours for John Wayne Airport and Safety Zone 6
(Traffic Pattern Zone). A small portion of the building located at upper northwestern corner of the Project is within Safety Zone 3 (Inner Turning Zone) where no residential units will be allowed. Uses that encroach into Safety Zone 3 would be limited to residential ancillary uses i.e. building support facilities (back of house), and residential
amenities (clubroom, fitness center, yoga), consistent with the Newport Airport Village
Planned Community (PC-60). Furthermore, the Project has been conditioned to provide a noise study, an interior noise level of 45 dBA CNEL or less for all residential units and notice to all future residents of potential annoyances or inconveniences associated with residing in proximity to airport operations, consistent with the Newport Airport Village
Planned Community (PC-60) and Section 20.30.080.F (Residential Use Proximate to
John Wayne Airport) of the NBMC. 4. The Project will comply with all Building, Public Works, Fire Codes, City ordinances, and all conditions of approval.
Affordable Housing Implementation Plan
The proposed Affordable Housing Implementation Plan (AHIP) is consistent with the intent to implement affordable housing goals within the City, pursuant to Government Code Sections
65915-65918 (State Density Bonus Law), and Title 20, Chapter 20.32 (Density Bonus) of the
NBMC for the following reasons: 1. Consistent with the requested 35% density bonus, 37 units (11% of the base units) would be set aside as affordable units for very-low-income households. Very-low-
income households are defined as households with 80% or less of the area median
income, adjusted for family size for a minimum term of 55 years. The Project is consistent with the Newport Airport Village Planned Community (PC-60) which requires a minimum of 5% of units for very-low-income households.
2. Government Code Section 65915 (Density Bonus Law) and Chapter 20.32 (Density
Bonus) of the NBMC provide for an increase in the number of units above the General Plan and zoning limit for projects that include a minimum of 5% of the base units affordable to very-low-income households earning 80% or less of the area median income. The Project’s inclusion of 37 very-low-income units, which is 11% of the base
unit count of 329 units makes the Project eligible for 115 additional units.
3. In addition to the 115 density bonus units and parking reductions, the Project is entitled under California Government Code Section 65915(d) and Section 20.32.070 (Allowed Incentives or Concessions) of the NBMC, to receive up to two incentives or concessions
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that would result in identifiable, financially sufficient, and actual cost reductions. The Project includes a development concession for the proposed affordable unit mix that
does not meet Section 20.32.110 (Design and Distribution of Affordable Units) of the
NBMC. Section 20.32.110 (Design and Distribution of Affordable Units) of the NBMC requires affordable units in density bonus projects to reflect the same range of unit types in the
residential development. In this case, the Project provides a higher percentage of
affordable studio and one-bedroom units, very few two-bedroom units, and no three-bedroom units compared to market rate units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two- and three-bedroom units and
affording additional rental income for the project to ensure financial feasibility.
4. In addition to the density bonus units, parking reductions, and incentives, the Project is entitled under California Government Code Section 65915(e), Section 20.32.080 (Waivers or Reductions of Development Standards) of the NBMC, and recent caselaw
to receive waivers or reductions of development standards where application of the
development standard would physically preclude construction of a density bonus project. The Project is requesting a waiver of the following development standards: a. Residential density range: General Plan Land Use Policy LU 6.15.7 (Overall
Density and Housing Types) and Section II.E.4 of the Newport Airport Village
Planned Community (PC-60) prescribes a residential density range of 30-50 dwelling units per acre. The Project proposes 329 base units on a 6.16-acre parcel (net area), which equates to a base density of 53 dwelling units per acre. The 329 base units complies with the maximum base units allowed in Section
II.E.5 of the Newport Airport Village Planned Community (PC-60), exclusive of any
density bonus. Altogether, the Project has an overall density of 72 dwelling units per acre inclusive of 115 density bonus units. b. Private Open Space: Table 2-3 of Section 20.18.030 (Residential Zoning
Districts General Development Standards) of the NBMC requires a minimum of
5% of the gross floor area of each unit to be designated as private open space with a minimum dimension of 6-feet. Of the Project’s 444 residential units, 70 units are unable to achieve the minimum private open space standards given their size and location within the Project.
Tentative Parcel Map In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the following findings and facts in support of such findings are set forth:
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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 applicable
provisions of the Subdivision Map Act and this Subdivision Code;
Facts in Support of Finding:
1. The Project proposes to merge five lots into one single contiguous lot. The tentative parcel map will not constitute a division of land or create any new lots.
2. The Property is not located within a specific plan area.
Finding: E. That the site is physically suitable for the type and density of development;
Facts in Support of Finding: 1. The Project is consistent with the Newport Airport Village Planned Community (PC-60) for the development of multiple-family residential. The Project has been reviewed by the
Building, Fire, and Public Works Department and must comply with all Building, Fire,
and Public Works Codes and City ordinances. 2. The Property is currently developed with approximately 101,542 square-feet of office, retail, and commercial buildings with surface parking areas. The topography and size
lend itself to a residential project with the proposed density.
3. The Property is accessed by Campus Drive, Macarthur Boulevard, and Birch Street and is adequately served by water, sewer, and electric utilities. Ingress and egress to and from the Property have been reviewed by the Public Works Department.
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;
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Facts in Support of Finding:
1. The Property is located within an existing commercial development of the Airport Area
that does not contain any sensitive vegetation, sensitive species or habitat. 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. The tentative parcel map is to merge five lots into one contiguous lot. All improvements
associated with the Project will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. Public improvements will be required of the developer per Section 19.28.010 (General Improvement Requirements) of the NBMC and Section 66411 of the Subdivision Map Act. All
ordinances of the City and all Conditions of Approval will be complied with.
2. The tentative parcel map is essential to develop the Property into a multifamily residential housing project. The Project will be of a similar size and scope as previously entitled residential projects in the Airport Area which have not resulted in a public health
and safety concern to residents in the Airport Area or the City.
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. The Public Works Department has reviewed the proposed Tentative Parcel Map and has determined that the design of the development will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed development.
2. Any public easements for utilities or access that are within the footprint of the proposed building are to be abandoned by recordation of the final map.
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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 result in residential development incidental to the commercial agricultural use of the
land;
Facts in Support of Finding: 1. The Property is not subject to the Wiliamson Act because the Property is not designated
as an agricultural preserve and is less than 100 acres in area.
2. The Property is within Planning Area 1 of the Newport Airport Village Planned Community (PC-60) which is intended for development of a multi-story residential structure and with the opportunity for a retail/commercial component. The intended use is not for residential
development that is incidental to a commercial agricultural use.
Finding: J. That, in the case of a “land project” as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to be
included within the land project; and (2) the decision-making body finds that the
proposed land project is consistent with the specific plan for the area; Facts 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.
2. The Project is not considered as a “land project”. 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; Facts in Support of Finding:
1. The tentative parcel map and apartment complex are subject to Title 24 of the California
Building Code which requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The City’s Building Division enforces Title 24 compliance through the plan check and inspection process.
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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;
Facts in Support of Finding: 1. The tentative parcel map is required to develop the Project that is comprised of 444 residential units, where 407 units will be rented at market rate and 37 units will be
affordable units. The Project will facilitate the City’s efforts in attaining its Sixth Cycle
Regional Housing Needs Allocation (RHNA) mandate through the provision of market-rate and affordable units. 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; and
Facts in Support of Finding:
1. A condition of approval has been included to provide a new 10-foot-wide sewer easement that is centered along the sewer main along the Birch Street frontage.
2. The Project will not result in a significant impact on the City’s sewer system, which has
adequate capacity to serve the Project. The Project’s wastewater is designed to discharge into the existing system and to comply with all applicable Regional Water Quality Control Board requirements.
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.
Facts in Support of Finding: 1. The Property is not located within the Coastal Zone.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves a Major Site Development Review, Affordable Housing Implementation Plan, and Tentative Parcel Map, subject to the conditions set forth in Exhibit “B”, which is attached hereto and
incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF APRIL, 2024.
AYES: Barto, Ellmore, Langford, Rosene, and Salene
NOES: None RECUSED: Harris and Lowrey
ABSENT: None
BY:_________________________
Curtis Ellmore, Chair BY:_________________________
Seimone Jurjis, Ex-Officio
Attachments: Exhibit “A” – CEQA Consistency Memorandum Exhibit "B” – Conditions of Approval
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EXHIBIT “A”
CEQA CONSISTENCY MEMORANDUM
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EXHIBIT “B”
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, landscape plan, and building elevations stamped and dated with the date of this
approval (except as modified by applicable conditions of approval). Minor changes to the approved development may be approved by the Community Development Director, pursuant to Newport Beach Municipal Code Section 20.54.070 (Changes to an Approved Project).
2. The project is subject to compliance with all applicable submittals approved by the City of Newport Beach (“City”) and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. Entitlements granted under PA2023-0223 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060(A) (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted.
4. The proposed residential development shall consist of 444 apartment units, inclusive of
329 base units and 115 density bonus units. 5. A minimum of 37 apartment units shall be made affordable to very-low-income households consistent with the approved Residences at Newport Airport Village Affordable Housing
Implementation Plan and Density Bonus Application dated March 5, 2023.
6. Maximum height of the residential structure shall be 85 feet. No building or any portion of
structure, architectural feature or mechanical equipment shall exceed 85 feet.
7. Prior to the issuance of a building permit, an affordable housing agreement shall be
executed in a recordable form as required by the City Attorney’s Office. 8. The on-site recreational amenities including a clubroom, podium courtyard, a roof deck, media room, business center, etc. as illustrated on the approved plans shall be provided
and maintained for the duration of the Project. The exact mix of amenities may be
modified from the original approved plans subject to the approval by the Community
Development Director. The square footage of on-site recreational amenities shall not be
reduced so that the development no longer provides 75 square feet of common open space per dwelling unit with a minimum of 37.5 square feet of residential amenities per
dwelling unit, as required by Section II.E.7 (Common Open Space) of PC-60.
9. The residential parking garage shall have the following features:
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a. A safe, secure and well lighted and signed pedestrian paths for all users.
b. Adequate and uniform lighting throughout each parking level.
c. Panic alarms and two-way communication systems in prominent locations on each parking level.
10. Prior to the issuance of a building permit, an acoustical analysis report, prepared by an
acoustical engineer, shall be submitted to the Planning Division describing the
acoustical design features of the structure that will satisfy the exterior and interior noise standards pursuant to Newport Beach Municipal Code Section 20.30.080.F (Residential
Use Proximate to John Wayne Airport) and Section II.E.10 (Sound Mitigation) of PC-60.
The Project shall be attenuated in compliance with the report. 11. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned windows,
advance insulation systems, or other noise mitigation measures, as deemed appropriate
by the City shall be incorporated in the design of the new residential structure to provide
adequate noise attenuation.
12. The design of the residential structure shall provide adequate noise attenuation between
adjacent units (common floor/ceiling) in accordance with the California Building Code
(CBC).
13. Residential uses shall be indoor-oriented to reduce noise impingement on outdoor living areas.
14. Advanced air filtration systems for buildings shall be considered to promote cleaner air
without the opening of windows.
15. Prior to the issuance of a building permit, the Applicant shall submit to the Community
Development Department a final copy of FAA Determination of No Hazard to Air
Navigation reflective of the proposed building height.
16. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge
Fee Program. Prior to the issuance of a building permit, Fair Share Traffic Fees and
Transportation Corridor Agency fees shall be paid for the Project at the fee assessed at
the time of payment.
17. In accordance with Article 11 of Development Agreement No. DA2014-003, the Applicant
shall enter into an assignment and assumption of Development Agreement No. DA2014-
003 and comply with all provisions as specified therein.
18. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project.
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19. Prior to the issuance of a building permit, the Applicant shall pay applicable property
development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax)
for the Project.
20. The property management company shall distribute a written disclosure statement prior to lease or rental of any residential unit. The disclosure statement shall indicate that the
occupants will be living in an urban type of environment and that the noise, odor, and
outdoor activity levels may be higher than a typical suburban residential area. In addition,
potential annoyances or inconveniences associated with residing in proximity to airport
operations such as noise, vibration, and odor may occur. The disclosure statement shall include a written description of the potential impacts to residents of both the existing
environment and potential impacts based upon the allowed uses in the zoning district and
proximity to airport. Each and every lessee or renter shall sign the statement
acknowledging that they have received, read, and understand the disclosure statement.
The Applicant shall covenant to include within all deeds, leases or contracts conveying any interest in the Project: (1) the disclosure and notification requirement stated herein; (2) an
acknowledgment by all grantees or lessees that the property is located within an urban
type of environment and that the noise, odor, and outdoor activity levels may be higher
than a typical suburban residential area; and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport Beach.
21. A deed notification shall be recorded with the County Recorder’s Office, the form and
content of which shall be satisfactory to the City Attorney. The deed notification document
shall state that the residential unit is located in a mixed-use development and that an owner
may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian activity
levels, etc.).
22. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application.
23. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits.
24. 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.
25. 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
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kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.
26. Prior to issuance of a building permit, a comprehensive sign program with sign materials
and lighting details shall be submitted. All proposed signs shall be in conformance with
Chapter 20.42 (Signs) of the Newport Beach Municipal Code.
27. The outdoor common areas or recreational areas shall be posted with an outdoor
notification sign to users regarding the proximity to John Wayne Airport and presence
of operating aircraft. 28. 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.
29. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines.
30. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule an
evening inspection by the Code Enforcement Division to confirm control of light and glare specified in conditions of approval. 31. 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. 32. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
33. 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.
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34. 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. 35. 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes.
36. 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).
37. Prior to issuance of a building permit, the City of Newport Beach Police Department shall
review development plans for the incorporation of defensible space concepts to reduce demands on police services. Public safety planning recommendations shall be
incorporated into the project plans. The Applicant shall prepare a list of project features
and design components that demonstrate responsiveness to defensible space design
concepts. The Police Department shall review and approve all defensible space design
features incorporated into the project prior to permit issuance.
38. 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 Airport Village Project including, but not limited to, Site Development Review, Affordable Housing Implementation Plan, and Tentative Parcel Map (PA2023-0223). 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
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39. Fire protection systems, and the emergency responder radio system shall be inspected and approved by the Fire Marshall.
40. Prior to building permit issuance, a fire master plan shall be submitted and approved by the Fire Marshall. 41. One elevator shall be gurney sized and equipped as a medical emergency elevator as
required by CBC Section 3002.
42. Emergency responder radio coverage shall be required to comply with the Newport Beach Fire Department Guideline D.02 “Public Safety Radio Coverage” and CFC Section 510.
43. Emergency power and a Standby Power System shall be required as per CFC Section 604.2.14. 44. An automatic fire sprinkler system shall be installed in accordance with CFC Section
903.2 and shall be provided throughout all buildings.
45. Fire Department access roads shall comply with Newport Beach Fire Guidelines C.01 and C.02.
Building Division
46. 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit. 47. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts:
Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts • Encourage carpooling for construction workers.
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• 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% soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer.
48. 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. 49. 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.
50. 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.
51. Obtain approval from Orange County Health for public pools, showers, and restroom
areas. Public Works Department
52. A parcel map (Map) shall be recorded prior to the issuance of building permit for new
construction. 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
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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.
53. Prior to recordation of the 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 Section s 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 City Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
54. Prior to recordation of the Map, the applicant shall provide a Faithful Performance Bond and Labor and Materials Bond, each for 100 percent of the estimated improvement costs for the improvements in the public right of way, public easement areas or public utilities, as prepared by a Registered Civil Engineer and approved by the Public Works Director, for each of the following, but not limited to, public and private improvements,
street improvements, monumentation, sidewalks, striping, signage, street lights, sewer system, water system, storm drain system, water quality management systems, erosion control, landscaping and irrigation within the public right of way, common open spaces areas accessible to the public, fire access and off-site improvements required as part of the project.
55. Prior to the recordation of the Map, the applicant shall provide a Warranty Bonds for a
minimum of 10% of the engineers cost estimate (final percentage to be determined by the Public Works Director). Warranty Bond to be released 1-year after the improvements have been accepted by the Public Works inspector.
56. All improvements shall be constructed as required by Ordinance and the Public Works Department.
57. An encroachment permit shall be required for all work activities within the public right-of-way.
58. The final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to building
permit issuance.
59. Prior to issuance of a building permit, a Parking Management Plan (PMP) shall be
reviewed and approved by the Community Development Director and City Traffic
Engineer. The PMP shall include information regarding gate operation, move-in and
move-out, ride-share area, guest parking areas and residential parking areas.
60. Parking layout and ramp slopes shall comply with the City Parking Lot Standard 805. Dead-end drive aisle in public areas and/or unassigned parking areas shall provide a
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dedicated turn around space and minimum 5-foot drive aisle extension.
61. The applicant shall reconstruct all existing broken and/or otherwise damaged curb,
gutter, sidewalks and driveways along the Campus Drive, MacArthur Boulevard, and
Birch Street frontages per City Standards.
62. All deliveries, move-ins, move-outs, and ride share drop-off/pick-ups shall be
accommodated on-site and prohibited from parking or stopping within the public right-
of-way.
63. All on-site fire hydrants shall be privately owned and maintained.
64. All landscaping along the Campus Drive, MacArthur Boulevard, and Birch Street shall
comply with the City Line of Sight Standard 105.
65. Final design of the water and sewer services shall be subject to further review by the
Public Works Department during plan check.
66. The center Campus Drive entrance with direct access to the Level 1 Ground Floor is
proposed to have a high-speed roll-up gate. The gate shall remain in the open position from 8:00 a.m. to 8:00 p.m. daily. If the access easement at this location is
removed/quitclaimed prior to issuance of a grading permit, the driveway shall be
abandoned and driveway shall be plugged per City standard.
67. All internal and external driveways shall be designed to provide adequate sight distance per City Standard 105. All landscaping within the limited use area shall be limited to 24-inches in height. Walls or other obstructions shall be limited to 30-inches in height.
68. Adequate turn around consistent with the American Association of State Highway and Transportation Officials (AASHTO) turning templates for passenger cars shall be
provided at all gated garage entrance areas.
69. All driveway approaches to public streets shall be constructed per City Standard 160.
Modifications to the proposed driveway design shall be subject to further review and approval by the Public Works Department.
70. A new 10-foot-wide sewer easement (centered along the sewer main) shall be provided
for the sewer main along the Birch Street frontage. The entire sewer main shall be
within the sewer easement (existing and proposed easement).
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Planning Commission Resolution No. PC2024-005 Page 28 of 28
10-18-21
71. The project shall provide paved access to all City sewer manholes with the project site. Paved access shall be reviewed and approved by Public Works and Utilities
Departments.
72. Final design of the proposed new sewer main along the Birch Street frontage shall be
subject to further review by the Public Works and Utilities Department.
73. Existing trees along Campus Drive shall either be protected in place or replacement
trees shall be planted. No new parkway trees shall be planted along Birch Street. All
trees shall be located outside of the right-of-way to avoid line-of-sight conflicts.
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