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HomeMy WebLinkAboutNEWPORT PLACE RESIDENTIAL GENERAL PLAN LAND USE ELEMENT POLICY COMPLIANCE ANALYSIS General Plan Land Use Element Policy Compliance Analysis The Residences at Newport Place Newport Beach, California September 18, 2014; Rev. 1: March 2, 2015; Rev. 2: July 8, 2015; Rev. 3: October 1, 2015 Prepared for NNeewwppoorrtt PPllaaccee RReessiiddeennttiiaall Prepared by The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -i- Table of Contents Page Executive Summary .................................................................................................................. 1  Project Overview ....................................................................................................................... 1  Newport Place Planned Community ................................................................................. 2  Land Use Element Policy Compliance Analysis ....................................................................... 4  Policy 2.1  Residential-Serving Land Uses .................................................................. 4  Policy 2.2  Sustainable and Complete Community ...................................................... 4  Policy 2.3  Range of Residential Choices .................................................................... 4  Policy 2.8  Adequate Infrastructure .............................................................................. 5  Policy 3.3  Opportunities for Change............................................................................ 8  Policy 3.8  Project Entitlement Review with the Airport Land Use Commission ......... 8  Policy 5.6.1  Compatible Development ......................................................................... 9  Policy 5.6.2  Form and Environment............................................................................. 9  Policy 6.15.1  Land Use Districts and Neighborhoods ................................................. 9  Policy 6.15.3  Airport Compatibility ............................................................................. 10  Policy 6.15.5  Residential and Support Uses ............................................................. 10  Policy 6.15.6  Size of Residential Villages ................................................................. 11  Policy 6.15.8  First Phase Development Density ....................................................... 12  Policy 6.15.9  Subsequent Phase Development and Location .................................. 12  Policy 6.15.10  Regulatory Plans ............................................................................... 12  Policy 6.15.12  Development Agreements ................................................................. 12  Policy 6.15.13  Standards ........................................................................................... 13  Policy 6.15.14  Location .............................................................................................. 13  Policy 6.15.15  Aircraft Notification ............................................................................. 14  Policy 6.15.16  Standards ........................................................................................... 14  Policy 6.15.17 Street and Pedestrian Grid ...................................................................... 15  Policy 6.15.18 Walkable Streets ...................................................................................... 15  Policy 6.15.19 Connected Streets ................................................................................... 15  Policy 6.15.21 Required Spaces for Primary Uses ......................................................... 16  Policy 6.15.22 Building Massing ...................................................................................... 16  Policy 6.15.23 Sustainability Development Practices ..................................................... 16  The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -1- General Plan Land Use Element Policy Compliance Analysis The Residences at Newport Place Newport Beach, California September 18, 2014; Rev. 1: March 2, 2015; Rev. 2: July 8, 2015; Rev. 3: October 1, 2015 Executive Summary This Policy Compliance Analysis was commissioned by Newport Place Residential (NPR), Newport Beach, California, and prepared by KHR Associates, Newport Beach, California. The purpose of this report is to identify and evaluate compliance with applicable policies with the City of Newport Beach’s General Plan Land Use Element that may be associated with the development of the Residences at Newport Place mixed-use project, consisting of a total 384 residential dwelling units and 5,677 square feet of retail space on a 5.691-acre site, bounded by Dove Street, Scott Drive, Corinthian Way, and Martingale Way, in the City of Newport Beach, California. The three contiguous parcels are presently occupied by the MacArthur Square shopping center. The project site is located within the City’s recently issued Newport Place Specific Plan, which permits multi-family residential and mixed-use development. The analysis provided herein is based on information regarding the proposed project, as provided by NPR, the City of Newport Beach, and other governing jurisdictions and regulatory agencies, and are not necessarily complete or precise. The information contained in this report is considered confidential, and is intended to be disseminated only as directed by NPR. Project Overview The proposed Newport Place mixed-use project consists of constructing up to 384 residential dwelling units and at least 5,677 square feet of integrated commercial use on a 5.691-acre site, bounded by Dove Street to the southwest, Scott Drive to the northwest, Corinthian Way to the northeast, Martingale Way to the east, and existing commercial uses to the south, and located within the Newport Place Planned Community of the City of Newport Beach, California. The Orange County Assessor’s Parcel Numbers associated with the project site are 427-172-02, -03, -05, and -06, with reference street addresses of 1701 Corinthian Way; 4251, 4253, and 4255 Martingale Drive; 4200, 4220, and 4250 The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -2- Scott Drive; and 16600 Dove Street. The City of Newport Beach General Plan Designation for the project site is MU-H2 (Mixed-Use Horizontal 2) and the Zoning is PC 11 (Planned Community 11, Newport Place). The project site is within the Airport Area Planning Sub-Area of the General Plan. Figure 1 provides an aerial perspective of the configuration and limits of the project site. Figure 2 illustrates the location of the project site within the Newport Place Planned Community boundary. Figure 1 – Aerial Perspective of Project Site Newport Place Planned Community The proposed project is located within the Newport Place Planned Community and is subject to the Planned Community Development Standards: Newport Place.A This area allows a minimum density of 30 dwelling units per acre and a maximum of 50 dwelling units per acre; per to Chapter 20.32 of the Zoning Code, A Planned Community Development Standards: Newport Place, Emkay Development Company, Inc., Newport Beach, California. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -3- a density bonus is available allowing affordable housing projects to achieve increased densities up to a maximum of 35 percent of the base density. According to the Development Standards, a minimum of 30 percent of the dwelling units shall be affordable to lower-income households and subject to a 30-year affordability covenant. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -4- Land Use Element Policy Compliance Analysis Policy 2.1 Residential-Serving Land Uses Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. The proposed project would support the overall rental housing and affordable housing needs of the City of Newport Beach as it would provide a mixed-use development of 384 residential units (86 of which would be “affordable”) and 5,677 square feet of neighborhood-serving retail space, as well as generous public and private recreational space into an area lacking in these types of amenities. Policy 2.2 Sustainable and Complete Community Emphasize the development of uses that enable Newport Beach to continue as a self-sustaining community and minimize the need for residents to travel outside the community of retail, goods and services, and employment. The proposed project would develop a community that would introduce residential and neighborhood-serving retail uses, pedestrian connectivity, and open space into the existing Newport Place Planned Community area, replacing the aging, underutilized, and under-performing MacArthur Square commercial shopping center. The introduction and subsequent integration of a multi-family residential development into a well-established neighborhood of primarily commercial, retail, and office uses would provide a greater balance between housing, employment, and retail opportunities within the Airport Area of the City. Residents of the proposed project would be afforded employment opportunities within walking/bicycle riding distance of the project site and those who are currently employed in the area would be afforded a rental housing opportunity within walking/bicycle riding distance of their place of employment. Additionally, the 5,677 square feet of neighborhood-serving retail space within the proposed project would serve not only the residents, but nearby businesses and employment centers, as well. Policy 2.3 Range of Residential Choices Provide opportunities for the development of residential uses that respond to the 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 Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -5- The proposed project would develop 384 residential rental units within a wide range of sizes, floor plans, amenities, and prices, including 86 units that would be designated as affordable to lower income households. Policy 2.8 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). Based on initial calculations of water use and wastewater generation, it has been determined that the existing water and sewer laterals currently serving the proposed project site can be reused without increase in size or number of points of connection. As for stormwater runoff, the quantity leaving the proposed project site would be substantially reduced, while the quality would be substantially improved through the inclusion of low impact development (LID) and best management practices (BMPs). Therefore, no upsizing of the existing storm drain system should be required. Per the Will Serve letter provided by the Utilities Division of the Municipal Operations Department within the City of Newport Beach, the project site is currently being provided with water and wastewater services by the City and the proposed project would continue to be provided these services. It is believed that the City of Newport Beach has sufficient capacity to meet the demands of the proposed project. Hydraulic calculations for water and wastewater will be provided at a later time to confirm the demands of the proposed project against the City’s master plans. There are currently no master planned repair or projects scheduled in the area of the proposed project and the City has no knowledge of any service issues at the current time. AT&T has indicated that telephone facilities are readily available to service the proposed project, and service would be provided in accordance with the requirements of the California Public Utilities Commission. Cox Communications has indicated that facilities are readily available to service the proposed project and service, would include cable, internet access and phone services, if desired. Southern California Edison (SCE) has indicated electrical power will be made available to the proposed project in accordance with California Public Utilities Commission and Federal Energy Regulatory Commission tariffs. According to SCE, there may be the need to conduct utility studies (to be determined at a later time) to assess whether additions or modifications to the existing electric infrastructure are required to serve the proposed project. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -6- Southern California Gas Company has indicated natural gas is readily available to service the subject site and service will be made available in accordance with the service regulations and requirements of the California Public Utilities Commission. The storm drain systems in the project area are owned and maintained by the City of Newport Beach. There is currently an existing catch basin on the project side of Dove Street, which discharges via an 18-inch reinforced concrete pipe (RCP) into the existing 54-inch RCP within Dove Street, which continues on to eventually discharge into the San Diego Creek and out to the Upper Newport Bay, and ultimately to the Pacific Ocean. As part of the proposed project, and to improve traffic safety, the existing driveway entrance to the project site on Dove Street will be relocated to more closely align with Westerly Place. As a result of this shift, the existing catch basin and an existing overhead street light will be relocated at the expense of the developer and will be included within the overall development of the proposed project. The project site falls within the Santa Ana Unified School District (SAUSD) boundaries and would be served by James Monroe Elementary School, McFadden Intermediate, and Century High School. According to the General Plan Land Use Element Amendment Supplemental Environmental Impact ReportB prepared in May, 2014 (SEIR), there is capacity for additional students within James Monroe Elementary and Century High School, while McFadden Intermediate School is currently over capacity. SAUSD obtains its funding from federal and state grant programs, as well as state or local taxes. SAUSD charges Level I developer impact fees, pursuant to California Senate Bill 50, which are assessed based upon the proposed square footage of residential, commercial/industrial, and or parking structure uses. The proposed project would be assessed a fee of $3.36 per square foot for residential uses and $0.54 square feet for commercial uses per the current SAUSD fee schedule and would be paid at the time that building permits are issued. Since the proposed project would be required to pay the impact fees determined by SAUSD, the impacts to SAUSD would be mitigated and considered less than significant. The proposed project would be provided with fire protection services by the Newport Beach Fire Department (NBFD). The NBFD is responsible for reducing loss of life and property from fire, medical, and environmental emergencies. The Fire Prevention Division of the NBFD also works in conjunction with the City’s Community Development and Public Works departments to ensure that all new construction are designed and built in compliance with state and local building and fire codes, including the provision of adequate emergency access and onsite fire protection measures. Station No. 7, located closest to the project site at B General Plan Land Use Element Amendment SEIR: City of Newport Beach, PlaceWorks, Santa Ana, California. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -7- 20401 Acacia Street, would be the first response in the case of an emergency at the project site. This station houses 1 engine and is staffed daily with 1 Fire Captain, 1 Fire Engineer, and 1 Firefighter. Stations No. 2, 3, 4, 6 and 8 would be added in response to larger fires and/or emergencies, if needed. Per the SEIR, the City-wide average response time (90% of the time) for priority incidents is 5 minutes and 44 seconds. NBFD has indicated that there are currently no deficiencies in the level of fire protection services provided to the City, and that the proposed changes to the area as a result of the proposed project would minor and would not have a substantial impact on NBFD’s ability to adequately serve the area. The proposed project would be provided with police protection services by the Newport Beach Police Department (NBPD). The NBPD is responsible for police services, crime prevention and investigation, community awareness programs, and traffic control throughout the City. Additionally, the City is supported with aid from all law enforcement agencies within Orange County, including the Orange County Sheriff’s Department and the Costa Mesa Police Department. The existing project site and businesses are currently served by the NBPD. The proposed project would close the existing businesses within the project site and demolish the existing buildings to develop 384 residential units and 5,677 square feet of retail space. As a result of the proposed project, while there would be an increase in population and structures, it is not anticipated that the proposed project would have a significant impact on NBPD’s level of service. The proposed project could introduce an additional 853 residents to the City based on the 2013 average of 2.22 people per household in the City of Newport Beach. Although the project will feature an abundance of on-site private open space and recreational amenities, the increase in population in the area could increase parkland demand. The Airport Area currently does not have any existing parkland due to the fact that there are currently no residential developments in this area. When completed, the recently approved Uptown Newport project, located within the Airport Area on the west side of Jamboree between Birch and MacArthur would introduce two 1-acre public parks to the Airport Area. The future residents within the Airport Area would most likely use existing facilities within the proposed project’s service area - Santa Ana Heights, which is currently identified as having a park shortage, and the Eastbluff and Big Canyon service areas, which are both identified as having substantial surpluses in park areas. In recognition of the recreational needs of project residents and potential future residential developments within the Airport Area, per the General Plan the proposed project would be required to dedicate a 0.5-acre “Neighborhood Park” to the City. After discussion with the City, it was determined that dedicating land for a 0.5-acre park would not adequately meet the goal and intent of the Neighborhood Park dedication requirement. This is due to the fact that the size and amenities would not coincide with the General Plan definition of a Neighborhood Park, as well as the park not being suitably located to service the needs of other residents within the City. Therefore, in the interest of best serving The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -8- the parkland needs of larger numbers of residents, the project will instead pay an in-lieu park fee, computed per the City’s Municipal Code Section 19.52.070, and resulting in a fee amount of $1.25 million dollars. The payment of this fee will allow the City to acquire new parklands, extend access to parklands, and/or maintain and improve existing parklands. Policy 3.3 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors:  John Wayne Airport Area: re-use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services. The proposed project would redevelop the existing underutilized and underperforming MacArthur Square commercial shopping center to introduce 384 residential units and 5,677 square feet of neighborhood-serving retail space as well as public and private recreational and open space areas. This would introduce a completely new use within the project area to introduce a mostly residential mixed-use development within close proximity of existing employment and other commercial and retail services. The project site is configured to promote a pedestrian-friendly environment with a new promenade to allow pedestrian connectivity between adjacent uses. The overall design of the project provides a strong sense of connectivity, livability, and community within a job-rich environment. Policy 3.8 Project Entitlement Review with the Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planning Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The proposed project would not require a determination of consistency by the ALUC as the proposed project would not require an amendment of the General Plan, Zoning Code, or the Newport Place planned community standards. Additionally, the proposed project introduces vertical building elements up to 87 feet in height above ground level, substantially less than the 200-foot height limit that would require review by the ALUC. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -9- Policy 5.6.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. The architecture of the proposed project is designed with the overall ambiance and varying architectural styles and scale of Newport Place in mind. The proposed project would be configured to provide an overall pedestrian-friendly environment, inclusive of a new pedestrian promenade connection between Dove Street and Martingale Way to promote pedestrian activity to adjacent commercial, retail, and office uses. The proposed project would also be developed in a manner that would not be detrimental to the surrounding land uses. Policy 5.6.2 Form and Environment Require that outdoor lighting be located and designed to prevent spillover onto adjacent properties or significantly increase the overall ambient illumination of their location. The change in use of the proposed project site from primarily commercial to primarily residential should result in substantially less overall nighttime light emission, especially when viewing the site at ground level. Lighting that would be associated with the proposed project would be directed to the interior of the project so as not to create significant impacts to adjacent land uses and roadways. All exterior lighting for the proposed project, including any lighted signage for the retail space, would be designed, arranged, directed or shielded to prevent excess illumination and light spillover onto adjacent land uses and roadways. The project-related lighting would be designed to adhere with the City of Newport Beach lighting standards and the California Building Energy Efficient Standards for Residential and Nonresidential Buildings, Title 24, Part 6, of the California Code of Regulations, which outlines the mandatory provisions for lighting control devices and luminaries. Policy 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed project would redevelop the existing underutilized and underperforming MacArthur Square commercial shopping center to introduce a new use within the project area comprised of a mixed-use development inclusive of residential and neighborhood-serving retail uses within close proximity of existing employment and other commercial and retail services. The architecture The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -10- of the proposed project is designed with the overall ambiance and varying architectural styles and scale of Newport Place in mind. The proposed building would feature vertical elements of varying height up to 87 feet in height, and be set back between 18 and 54 feet from the surrounding public streets and adjacent property, resulting in dynamic vertical and horizontal articulation to promote visual interest and provide a scale that is compatible with surrounding uses. Policy 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. A “Notice of Proposed Construction or Alteration” has been submitted to the FAA to obtain clearance of the proposed project’s building height. The project site falls within the 60 dBA CNEL aircraft operation noise contour and completely outside of the 65 dBA CNEL aircraft operation noise contour, allowing our proposed project to be developed in accordance with this policy. A “Determination of No Hazard to Air Navigation” was issued November 25, 2014. Policy 6.15.5 Residential and Support Uses Accommodate the development of a maximum of 2,200 multi-family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. The proposed project would develop residential uses and neighborhood-serving retail uses with park space and both public and private open space in place of the existing MacArthur Square commercial shopping center. The proposed project would redevelop the site to a high-density mixed-use development that would include 384 residential units and 5,677 square feet of neighborhood- The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -11- serving retail uses. Under the proposed project, and 284 residential units would be developed as replacement units and 100 density bonus units would be allocated to the proposed project pursuant to Chapter 20.32 (Density Bonus) of the City’s Municipal Code. The residential units developed within the proposed project would contribute to the residential units envisioned and approved for the Airport Area. The only other approved project within the Airport Area at the time of this application would be the Uptown Newport project which was approved for 632 replacement units and 290 additive units. As determined by the City’s traffic engineer, the number of peak hour trips generated by the redevelopment of the project site (with 384 residential units and 5,677 square feet of general retail space) would not exceed the number of trips attributable to the existing permitted non-residential uses. The City’s General Plan has provided a conversion of the existing land uses in the Airport Area to residential uses on a traffic neutral basis. The City applies conversion factors to determine consistency with the trip neutral requirement of this policy. The existing project site includes 5.691 acres and is currently developed with 58,277 square feet of commercial square footage. When applying the City’s conversion methodology to the existing site square footage, a total of 307 residential units would be allowed to be developed as replacement units. However, the maximum number of units (exclusive of the density bonus units permissible under the City’s Municipal Code) allowed due to the maximum density of 50 units per acre would be 284 units (exclusive of additional units allowable under the bonus density provision). Due to this limit on the residential units, the proposed project would be able to provide 5,677 square feet of neighborhood-serving retail use while still maintaining compliance with the “traffic neutral” policy. Policy 6.15.6 Size of Residential Villages Allow development of mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The adoption of the Newport Place Planned Community Amendment Number PD2011-005 permitted the development of residential uses that include a minimum of 30 percent of the units affordable to lower-income households. Developments that meet this criteria are eligible for a waiver of the minimum 10- acre site area requirement. The proposed project would redevelop the existing 5.691 acre site to include 384 residential units and 5,677 square feet of neighborhood-serving retail use. Of the 384 units, 284 units are considered “base” units. 30 percent of the “base” units (the units allowable utilizing the City’s conversion factor exclusive of any additional units allowed as part of the bonus density) will be developed as units that would be affordable to lower-income households. This would allow the proposed development to be excluded from this policy. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -12- Policy 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 acreage density for the area encompassed by the first phase is achieved. The proposed project would redevelop the existing 5.691 acre site to include 384 residential units and 5,677 square feet of neighborhood-serving retail use. Of the 384 units, 284 units are considered “base” units. Exclusive of the units allowable as a result of the bonus density permitted by providing units that are affordable to lower-income households, the proposed project does not exceed the 50 units per net acre maximum. Policy 6.15.9 Subsequent Phase Development and Location Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. The proposed project would redevelop the existing site in one phase and would not be subject to this policy. Policy 6.15.10 Regulatory Plans Require the development of a regulatory plan for each residential village, which shall contain a minimum of 10 acres, to coordinate the location of new parks, streets, and pedestrian ways; set forth a strategy to accommodate neighborhood- serving commercial uses and other amenities; establish pedestrian and vehicular connections with adjoining land uses; and ensure compatibility with office, industrial, and other nonresidential uses. The proposed project would redevelop the existing 5.691 acre site. A regulatory plan would not be required for the development as it would fall below the threshold of 10 acres for this policy. Policy 6.15.12 Development Agreements A Development Agreement shall be required for all projects that include infill The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -13- residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City’s commitment for the number, density, and location of the housing units. The proposed project is only comprised of replacement units and does not include infill residential units, and as such would not be required to enter into any Development Agreement. Policy 6.15.13 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 right-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 satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. In recognition of the recreational needs of project residents and potential future residential developments within the Airport Area, per the General Plan the proposed project would be required to dedicate a 0.5-acre “Neighborhood Park” to the City. After discussion with the City, it was determined that dedicating land for a 0.5-acre park would not adequately meet the goal and intent of the Neighborhood Park dedication requirement. This is due to the fact that the size and amenities would not coincide with the General Plan definition of a Neighborhood Park, as well as the park not being suitably located to service the needs of other residents within the City. Therefore, in the interest of best serving the parkland needs of larger numbers of residents, the project will instead pay an in-lieu park fee, computed per the City’s Municipal Code Section 19.52.070, and resulting in a fee amount of $1.25 million dollars. The payment of this fee will allow the City to acquire new parklands, extend access to parklands, and/or maintain and improve existing parklands. Policy 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 The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -14- by streets or pedestrian ways. Due to the location of the project site, it has been determined that dedicating land would not meet the goals of this policy. Therefore, in the interest of best serving the parkland needs of larger numbers of residents, the project will instead pay an in-lieu park fee, computed per the City’s Municipal Code Section 19.52.070, and resulting in a fee amount of $1.25 million dollars. The payment of this fee will allow the City to acquire new parklands in more appropriate locations, extend access to parklands, and/or maintain and improve existing parklands. Policy 6.15.15 Aircraft Notification Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. The proposed project’s public accessible park would be posted with a notification to users regarding the proximity to John Wayne Airport and aircraft overflight and noise. Policy 6.15.16 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 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. While the proposed project would redevelop on only 5.691 acres of land will be an abundance of onsite recreational amenities, including courtyards of various size, shape, and function; a large swimming pool and two large spas; exercise and fitness facilities; and active and passive open space areas. Additional private open space and recreational amenities developed within the proposed project may include a rooftop terrace, recreational spaces, seating areas, barbeque facilities, a clubhouse; community rooms and other common spaces. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -15- Policy 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 proposed project would be configured to introduce a new pedestrian/bikeway connection between Dove Street and Martingale Way to promote mobility and connectivity within the Newport Place area, including the proposed project and adjacent commercial and office uses. The project site currently has 6 foot sidewalks and 4 foot parkways surrounding the site which could remain as part of the proposed project that will serve as connections to the surrounding areas and provide a strong sense of connectivity. 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. The proposed project would incorporate existing public sidewalks and parkways, as well as introduce new sidewalks to provide streetscapes that promote convenient and safe driving and pedestrian activity. The streets surrounding the proposed project will be landscaped to enhance the architecture of the buildings and would include elements such as public plazas, building lobbies, and front stoops to private residences. Parallel parking is currently offered on Martingale Way, though no new parallel parking would be incorporated as part of the project due to the traffic demands on the other surrounding streets, including Dove Street, Scott Drive, and Corinthian Way. 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. As shown in Figure LU23, no new streets would be incorporated as part of the proposed project as it is not needed. There is vehicular access surrounding the site with the exception of the pedestrian promenade that would be introduced to promote connectivity between Dove Street and Martingale Way. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -16- Policy 6.15.21 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on-street parking. As the project is incorporating affordable housing units, parking will be provided per Section 20.32.040 of the City of Newport Beach Municipal Code. In accordance with the City’s Municipal Code, parking for the neighborhood-serving retail space will be provided per Section 20.40. Adequate and convenient parking will be provided for guests, patrons of the retail businesses, visitors and residents. Policy 6.15.22 Building Massing Require that high-rise structures be surrounded with low- and mid-rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. The proposed project would be comprised of mid-rise buildings (up to 87 feet in height) that would front the existing public streets and pedestrian ways. The distance between the existing roadways and adjacent uses and the proposed buildings would be 18 to 59 feet. Additionally, some of the existing mature trees within the project site would remain as part of the proposed project to assist in buffering the building from the street and providing a more gradual sense of scale. Policy 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 proposed project would be designed to comply with the current Building and Energy Efficiency Standards and Green Building Standards Code (CALGreen). In addition, the proposed project would implement a number of environmental sustainable practices, including but not limited to water-efficient landscaping; water quality best management practices to treat surface runoff from the project site; and low impact development practices. The proposed project would introduce residential development in close proximity to existing employment uses The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -17- within Newport Place and the Airport Area. The proposed project would provide housing near these employment opportunities and would promote the use of alternative transportation, including the Orange County Transit Authority bus routes provided near the project site along Birch Street. The proposed project includes a mix of uses incorporating residential uses as well as neighborhood- serving retail uses within an area that is comprised of mostly office uses, which would encourage walking or biking. The proposed project would include pedestrian sidewalks to provide connectivity of the proposed project to the surrounding area. General Plan Land Use Element Policy Compliance Analysis The Residences at Newport Place Newport Beach, California September 18, 2014; Rev. 1: March 2, 2015; Rev. 2: July 8, 2015 Prepared for NNeewwppoorrtt PPllaaccee RReessiiddeennttiiaall Prepared by The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -i- Table of Contents Page Executive Summary .................................................................................................................. 1  Project Overview ....................................................................................................................... 1  Newport Place Planned Community ................................................................................. 2  Land Use Element Policy Compliance Analysis ....................................................................... 4  Policy 2.1  Residential-Serving Land Uses .................................................................. 4  Policy 2.2  Sustainable and Complete Community ...................................................... 4  Policy 2.3  Range of Residential Choices .................................................................... 4  Policy 2.8  Adequate Infrastructure .............................................................................. 5  Policy 3.3  Opportunities for Change............................................................................ 7  Policy 3.8  Project Entitlement Review with the Airport Land Use Commission ......... 8  Policy 5.6.1  Compatible Development ......................................................................... 8  Policy 5.6.2  Form and Environment............................................................................. 9  Policy 6.15.1  Land Use Districts and Neighborhoods ................................................. 9  Policy 6.15.3  Airport Compatibility ............................................................................. 10  Policy 6.15.5  Residential and Support Uses ............................................................. 10  Policy 6.15.6  Size of Residential Villages ................................................................. 11  Policy 6.15.8  First Phase Development Density ....................................................... 11  Policy 6.15.9  Subsequent Phase Development and Location .................................. 12  Policy 6.15.10  Regulatory Plans ............................................................................... 12  Policy 6.15.12  Development Agreements ................................................................. 12  Policy 6.15.13  Standards ........................................................................................... 12  Policy 6.15.14  Location .............................................................................................. 13  Policy 6.15.15  Aircraft Notification ............................................................................. 13  Policy 6.15.16  Standards ........................................................................................... 14  Policy 6.15.17 Street and Pedestrian Grid ...................................................................... 14  Policy 6.15.18 Walkable Streets ...................................................................................... 15  Policy 6.15.19 Connected Streets ................................................................................... 15  Policy 6.15.21 Required Spaces for Primary Uses ......................................................... 15  Policy 6.15.22 Building Massing ...................................................................................... 16  Policy 6.15.23 Sustainability Development Practices ..................................................... 16  The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -1- General Plan Land Use Element Policy Compliance Analysis The Residences at Newport Place Newport Beach, California September 18, 2014; Rev. 1: March 2, 2015; Rev. 2: July 8, 2015 Executive Summary This Policy Compliance Analysis was commissioned by Newport Place Residential (NPR), Newport Beach, California, and prepared by KHR Associates, Newport Beach, California. The purpose of this report is to identify and evaluate compliance with applicable policies with the City of Newport Beach’s General Plan Land Use Element that may be associated with the development of the Residences at Newport Place mixed-use project, consisting of a total 384 residential dwelling units and 5,677 square feet of retail space on a 5.691-acre site, bounded by Dove Street, Scott Drive, Corinthian Way, and Martingale Way, in the City of Newport Beach, California. The three contiguous parcels are presently occupied by the MacArthur Square shopping center. The project site is located within the City’s recently issued Newport Place Specific Plan, which permits multi-family residential and mixed-use development. The analysis provided herein is based on information regarding the proposed project, as provided by NPR, the City of Newport Beach, and other governing jurisdictions and regulatory agencies, and are not necessarily complete or precise. The information contained in this report is considered confidential, and is intended to be disseminated only as directed by NPR. Project Overview The proposed Newport Place mixed-use project consists of constructing up to 384 residential dwelling units and at least 5,677 square feet of integrated commercial use on a 5.691-acre site, bounded by Dove Street to the southwest, Scott Drive to the northwest, Corinthian Way to the northeast, Martingale Way to the east, and existing commercial uses to the south, and located within the Newport Place Planned Community of the City of Newport Beach, California. The Orange County Assessor’s Parcel Numbers associated with the project site are 427-172-02, -03, -05, and -06, with reference street addresses of 1701 Corinthian Way; 4251, 4253, and 4255 Martingale Drive; 4200, 4220, and 4250 The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -2- Scott Drive; and 16600 Dove Street. The City of Newport Beach General Plan Designation for the project site is MU-H2 (Mixed-Use Horizontal 2) and the Zoning is PC 11 (Planned Community 11, Newport Place). The project site is within the Airport Area Planning Sub-Area of the General Plan. Figure 1 provides an aerial perspective of the configuration and limits of the project site. Figure 2 illustrates the location of the project site within the Newport Place Planned Community boundary. Figure 1 – Aerial Perspective of Project Site Newport Place Planned Community The proposed project is located within the Newport Place Planned Community and is subject to the Planned Community Development Standards: Newport Place.A This area allows a minimum density of 30 dwelling units per acre and a maximum of 50 dwelling units per acre; per to Chapter 20.32 of the Zoning Code, A Planned Community Development Standards: Newport Place, Emkay Development Company, Inc., Newport Beach, California. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -3- a density bonus is available allowing affordable housing projects to achieve increased densities up to a maximum of 35 percent of the base density. According to the Development Standards, a minimum of 30 percent of the dwelling units shall be affordable to lower-income households and subject to a 30-year affordability covenant. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -4- Land Use Element Policy Compliance Analysis Policy 2.1 Residential-Serving Land Uses Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. The proposed project would support the overall rental housing and affordable housing needs of the City of Newport Beach as it would provide a mixed-use development of 384 residential units (86 of which would be “affordable”) and 5,677 square feet of neighborhood-serving retail space, as well as generous public and private recreational space into an area lacking in these types of amenities. Policy 2.2 Sustainable and Complete Community Emphasize the development of uses that enable Newport Beach to continue as a self-sustaining community and minimize the need for residents to travel outside the community of retail, goods and services, and employment. The proposed project would develop a community that would introduce residential and neighborhood-serving retail uses, pedestrian connectivity, and park/open space into the existing Newport Place Planned Community area, replacing the aging, underutilized, and under-performing MacArthur Square commercial shopping center. The introduction and subsequent integration of a multi-family residential development into a well-established neighborhood of primarily commercial, retail, and office uses would provide a greater balance between housing, employment, and retail opportunities within the Airport Area of the City. Residents of the proposed project would be afforded employment opportunities within walking/bicycle riding distance of the project site and those who are currently employed in the area would be afforded a rental housing opportunity within walking/bicycle riding distance of their place of employment. Additionally, the 5,677 square feet of neighborhood-serving retail space within the proposed project would serve not only the residents, but nearby businesses and employment centers, as well. Policy 2.3 Range of Residential Choices Provide opportunities for the development of residential uses that respond to the 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 Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -5- The proposed project would develop 384 residential rental units within a wide range of sizes, floor plans, amenities, and prices, including 86 units that would be designated as affordable to lower income households. Policy 2.8 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). Based on initial calculations of water use and wastewater generation, it has been determined that the existing water and sewer laterals currently serving the proposed project site can be reused without increase in size or number of points of connection. As for stormwater runoff, the quantity leaving the proposed project site would be substantially reduced, while the quality would be substantially improved through the inclusion of low impact development (LID) and best management practices (BMPs). Therefore, no upsizing of the existing storm drain system should be required. Per the Will Serve letter provided by the Utilities Division of the Municipal Operations Department within the City of Newport Beach, the project site is currently being provided with water and wastewater services by the City and the proposed project would continue to be provided these services. It is believed that the City of Newport Beach has sufficient capacity to meet the demands of the proposed project. Hydraulic calculations for water and wastewater will be provided at a later time to confirm the demands of the proposed project against the City’s master plans. There are currently no master planned repair or projects scheduled in the area of the proposed project and the City has no knowledge of any service issues at the current time. AT&T has indicated that telephone facilities are readily available to service the proposed project, and service would be provided in accordance with the requirements of the California Public Utilities Commission. Cox Communications has indicated that facilities are readily available to service the proposed project and service, would include cable, internet access and phone services, if desired. Southern California Edison (SCE) has indicated electrical power will be made available to the proposed project in accordance with California Public Utilities Commission and Federal Energy Regulatory Commission tariffs. According to SCE, there may be the need to conduct utility studies (to be determined at a later time) to assess whether additions or modifications to the existing electric infrastructure are required to serve the proposed project. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -6- Southern California Gas Company has indicated natural gas is readily available to service the subject site and service will be made available in accordance with the service regulations and requirements of the California Public Utilities Commission. The storm drain systems in the project area are owned and maintained by the City of Newport Beach. There is currently an existing catch basin on the project side of Dove Street, which discharges via an 18-inch reinforced concrete pipe (RCP) into the existing 54-inch RCP within Dove Street, which continues on to eventually discharge into the San Diego Creek and out to the Upper Newport Bay, and ultimately to the Pacific Ocean. As part of the proposed project, and to improve traffic safety, the existing driveway entrance to the project site on Dove Street will be relocated to more closely align with Westerly Place. As a result of this shift, the existing catch basin and an existing overhead street light will be relocated at the expense of the developer and will be included within the overall development of the proposed project. The project site falls within the Santa Ana Unified School District (SAUSD) boundaries and would be served by James Monroe Elementary School, McFadden Intermediate, and Century High School. According to the General Plan Land Use Element Amendment Supplemental Environmental Impact ReportB prepared in May, 2014 (SEIR), there is capacity for additional students within James Monroe Elementary and Century High School, while McFadden Intermediate School is currently over capacity. SAUSD obtains its funding from federal and state grant programs, as well as state or local taxes. SAUSD charges Level I developer impact fees, pursuant to California Senate Bill 50, which are assessed based upon the proposed square footage of residential, commercial/industrial, and or parking structure uses. The proposed project would be assessed a fee of $3.36 per square foot for residential uses and $0.54 square feet for commercial uses per the current SAUSD fee schedule and would be paid at the time that building permits are issued. Since the proposed project would be required to pay the impact fees determined by SAUSD, the impacts to SAUSD would be mitigated and considered less than significant. The proposed project would be provided with fire protection services by the Newport Beach Fire Department (NBFD). The NBFD is responsible for reducing loss of life and property from fire, medical, and environmental emergencies. The Fire Prevention Division of the NBFD also works in conjunction with the City’s Community Development and Public Works departments to ensure that all new construction are designed and built in compliance with state and local building and fire codes, including the provision of adequate emergency access and onsite fire protection measures. Station No. 7, located closest to the project site at B General Plan Land Use Element Amendment SEIR: City of Newport Beach, PlaceWorks, Santa Ana, California. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -7- 20401 Acacia Street, would be the first response in the case of an emergency at the project site. This station houses 1 engine and is staffed daily with 1 Fire Captain, 1 Fire Engineer, and 1 Firefighter. Stations No. 2, 3, 4, 6 and 8 would be added in response to larger fires and/or emergencies, if needed. Per the SEIR, the City-wide average response time (90% of the time) for priority incidents is 5 minutes and 44 seconds. NBFD has indicated that there are currently no deficiencies in the level of fire protection services provided to the City, and that the proposed changes to the area as a result of the proposed project would minor and would not have a substantial impact on NBFD’s ability to adequately serve the area. The proposed project would be provided with police protection services by the Newport Beach Police Department (NBPD). The NBPD is responsible for police services, crime prevention and investigation, community awareness programs, and traffic control throughout the City. Additionally, the City is supported with aid from all law enforcement agencies within Orange County, including the Orange County Sheriff’s Department and the Costa Mesa Police Department. The existing project site and businesses are currently served by the NBPD. The proposed project would close the existing businesses within the project site and demolish the existing buildings to develop 384 residential units and 5,677 square feet of retail space. As a result of the proposed project, while there would be an increase in population and structures, it is not anticipated that the proposed project would have a significant impact on NBPD’s level of service. The proposed project would include 384 residential units, which would increase the population in the area and subsequently increase parkland demand. The Airport Area currently does not have any existing parkland due to the fact that there are currently no residential developments in this area. The future residents within the Airport Area would most likely use existing facilities within the Santa Ana Heights service area, which is currently identified as having a park shortage per the SEIR, the Eastbluff service area, and the Big Canyon service area, which are both identified as having substantial surpluses in park areas. In addition, and in accordance with the requirements of the General Plan, the proposed project would include over 20,630 square feet of park area which would be accessible to the public during daylight hours. This park area, in addition to the substantial amount of private on-site recreational space would serve the residents of the proposed project. When completed, the recently approved Uptown Newport project, located within the Airport Area on the west side of Jamboree between Birch and MacArthur would introduce 2 single acre public parks to the Airport Area. Policy 3.3 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors: The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -8-  John Wayne Airport Area: re-use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services. The proposed project would redevelop the existing underutilized and underperforming MacArthur Square commercial shopping center to introduce 384 residential units and 5,677 square feet of neighborhood-serving retail space as well as public and private recreational and open space areas. This would introduce a completely new use within the project area to introduce a mostly residential mixed-use development within close proximity of existing employment and other commercial and retail services. The project site is configured to promote a pedestrian-friendly environment with a new promenade to allow pedestrian connectivity between adjacent uses. The overall design of the project provides a strong sense of connectivity, livability, and community within a job-rich environment. Policy 3.8 Project Entitlement Review with the Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planning Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The proposed project would not require a determination of consistency by the ALUC as the proposed project would not require an amendment of the General Plan, Zoning Code, or the Newport Place planned community standards. Additionally, the proposed project introduces vertical building elements up to 87 feet in height above ground level, substantially less than the 200-foot height limit that would require review by the ALUC. Policy 5.6.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. The architecture of the proposed project is designed with the overall ambiance and varying architectural styles and scale of Newport Place in mind. The proposed project would be configured to provide an overall pedestrian-friendly environment, inclusive of a new park area/pedestrian promenade connection between Dove Street and Martingale Way to promote pedestrian activity to adjacent commercial, retail, and office uses. The proposed project would also be The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -9- developed in a manner that would not be detrimental to the surrounding land uses. Policy 5.6.2 Form and Environment Require that outdoor lighting be located and designed to prevent spillover onto adjacent properties or significantly increase the overall ambient illumination of their location. The change in use of the proposed project site from primarily commercial to primarily residential should result in substantially less overall nighttime light emission, especially when viewing the site at ground level. Lighting that would be associated with the proposed project would be directed to the interior of the project so as not to create significant impacts to adjacent land uses and roadways. All exterior lighting for the proposed project, including any lighted signage for the retail space, would be designed, arranged, directed or shielded to prevent excess illumination and light spillover onto adjacent land uses and roadways. The project-related lighting would be designed to adhere with the City of Newport Beach lighting standards and the California Building Energy Efficient Standards for Residential and Nonresidential Buildings, Title 24, Part 6, of the California Code of Regulations, which outlines the mandatory provisions for lighting control devices and luminaries. Policy 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed project would redevelop the existing underutilized and underperforming MacArthur Square commercial shopping center to introduce a new use within the project area comprised of a mixed-use development inclusive of residential and neighborhood-serving retail uses within close proximity of existing employment and other commercial and retail services. The architecture of the proposed project is designed with the overall ambiance and varying architectural styles and scale of Newport Place in mind. The proposed building would feature vertical elements of varying height up to 87 feet in height, and be set back between 18 and 54 feet from the surrounding public streets and adjacent property, resulting in dynamic vertical and horizontal articulation to promote visual interest and provide a scale that is compatible with surrounding uses. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -10- Policy 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. A “Notice of Proposed Construction or Alteration” has been submitted to the FAA to obtain clearance of the proposed project’s building height. The project site falls within the 60 dBA CNEL aircraft operation noise contour and completely outside of the 65 dBA CNEL aircraft operation noise contour, allowing our proposed project to be developed in accordance with this policy. A “Determination of No Hazard to Air Navigation” was issued November 25, 2014. Policy 6.15.5 Residential and Support Uses Accommodate the development of a maximum of 2,200 multi-family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. The proposed project would develop residential uses and neighborhood-serving retail uses with park space and both public and private open space in place of the existing MacArthur Square commercial shopping center. The proposed project would redevelop the site to a high-density mixed-use development that would include 384 residential units and 5,677 square feet of neighborhood- serving retail uses. Under the proposed project, and 284 residential units would be developed as replacement units and 100 density bonus units would be allocated to the proposed project pursuant to Chapter 20.32 (Density Bonus) of the City’s Municipal Code. The residential units developed within the proposed project would contribute to the residential units envisioned and approved for the Airport Area. The only other approved project within the Airport Area at the time of this application would be the Uptown Newport project which was approved for 632 replacement units and 290 additive units. As determined by the City’s traffic engineer, the number of peak hour trips The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -11- generated by the redevelopment of the project site (with 384 residential units and 5,677 square feet of general retail space) would not exceed the number of trips attributable to the existing permitted non-residential uses. The City’s General Plan has provided a conversion of the existing land uses in the Airport Area to residential uses on a traffic neutral basis. The City applies conversion factors to determine consistency with the trip neutral requirement of this policy. The existing project site includes 5.691 acres and is currently developed with 58,277 square feet of commercial square footage. When applying the City’s conversion methodology to the existing site square footage, a total of 307 residential units would be allowed to be developed as replacement units. However, the maximum number of units (exclusive of the density bonus units permissible under the City’s Municipal Code) allowed due to the maximum density of 50 units per acre would be 284 units (exclusive of additional units allowable under the bonus density provision). Due to this limit on the residential units, the proposed project would be able to provide 5,677 square feet of neighborhood-serving retail use while still maintaining compliance with the “traffic neutral” policy. Policy 6.15.6 Size of Residential Villages Allow development of mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The adoption of the Newport Place Planned Community Amendment Number PD2011-005 permitted the development of residential uses that include a minimum of 30 percent of the units affordable to lower-income households. Developments that meet this criteria are eligible for a waiver of the minimum 10- acre site area requirement. The proposed project would redevelop the existing 5.691 acre site to include 384 residential units and 5,677 square feet of neighborhood-serving retail use. Of the 384 units, 284 units are considered “base” units. 30 percent of the “base” units (the units allowable utilizing the City’s conversion factor exclusive of any additional units allowed as part of the bonus density) will be developed as units that would be affordable to lower-income households. This would allow the proposed development to be excluded from this policy. Policy 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 acreage density for the area encompassed by the first phase is The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -12- achieved. The proposed project would redevelop the existing 5.691 acre site to include 384 residential units and 5,677 square feet of neighborhood-serving retail use. Of the 384 units, 284 units are considered “base” units. Exclusive of the units allowable as a result of the bonus density permitted by providing units that are affordable to lower-income households, the proposed project does not exceed the 50 units per net acre maximum. Policy 6.15.9 Subsequent Phase Development and Location Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. The proposed project would redevelop the existing site in one phase and would not be subject to this policy. Policy 6.15.10 Regulatory Plans Require the development of a regulatory plan for each residential village, which shall contain a minimum of 10 acres, to coordinate the location of new parks, streets, and pedestrian ways; set forth a strategy to accommodate neighborhood- serving commercial uses and other amenities; establish pedestrian and vehicular connections with adjoining land uses; and ensure compatibility with office, industrial, and other nonresidential uses. The proposed project would redevelop the existing 5.691 acre site. A regulatory plan would not be required for the development as it would fall below the threshold of 10 acres for this policy. Policy 6.15.12 Development Agreements A Development Agreement shall be required for all projects that include infill residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City’s commitment for the number, density, and location of the housing units. The proposed project is only comprised of replacement units and does not include infill residential units, and as such would not be required to enter into any Development Agreement. Policy 6.15.13 Standards The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -13- 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 right-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 satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. The proposed project would provide for over 20,630 square feet of park area that would serve as a neighborhood park and a pedestrian promenade, accessible to the general public during daylight hours. Given the existing land uses within the project area, the demand for a public park to serve residential uses is currently nonexistent. With the introduction of the proposed project to the area, the demand for park space would be increased, however the proposed project would introduce a park accessible to the general public and would serve the needs of the residents within the proposed project. In addition to the park space that would be provided as part of the proposed project, there would an abundance of on-site private recreational space that would serve the needs of the residents within the project. The provisions of these spaces would minimize the overall impact on the existing park space within the City. Policy 6.15.14 Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on-street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. The proposed project would provide over 20,630 square feet of parkland space that would provide connectivity between two public streets, Dove Street and Martingale Way. There is currently on-street parking provided on Martingale Way that would be available. The proposed park space would be public in character and accessible to the general public during daylight hours. For safety and security reasons, it is proposed that the park be closed after dark. Policy 6.15.15 Aircraft Notification Require that all neighborhood parks be posted with a notification to users The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -14- regarding proximity to John Wayne Airport and aircraft overflight and noise. The proposed project’s public accessible park would be posted with a notification to users regarding the proximity to John Wayne Airport and aircraft overflight and noise. Policy 6.15.16 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 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 proposed project would redevelop 5.691 acres of land and would provide 20,630 square feet of parkland space, which would be accessible to the general public during daylight hours, and would provide connectivity between two public streets, Dove Street and Martingale Way. In addition, there would be an abundance of onsite recreational amenities, including courtyards of various size, shape, and function; a large swimming pool and two large spas; exercise and fitness facilities; and active and passive open space areas. Additional private open space and recreational amenities developed within the proposed project may include a rooftop terrace, recreational spaces, seating areas, barbeque facilities, a clubhouse; community rooms and other common spaces. Policy 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 proposed project would be configured to introduce a new pedestrian/bikeway connection between Dove Street and Martingale Way to promote mobility and connectivity within the Newport Place area, including the proposed project and adjacent commercial and office uses. The project site currently has 6 foot The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -15- sidewalks and 4 foot parkways surrounding the site which could remain as part of the proposed project that will serve as connections to the surrounding areas and provide a strong sense of connectivity. 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. The proposed project would incorporate existing public sidewalks and parkways, as well as introduce new sidewalks to provide streetscapes that promote convenient and safe driving and pedestrian activity. The streets surrounding the proposed project will be landscaped to enhance the architecture of the buildings and would include elements such as public plazas, building lobbies, and front stoops to private residences. Parallel parking is currently offered on Martingale Way, though no new parallel parking would be incorporated as part of the project due to the traffic demands on the other surrounding streets, including Dove Street, Scott Drive, and Corinthian Way. 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. As shown in Figure LU23, no new streets would be incorporated as part of the proposed project as it is not needed. There is vehicular access surrounding the site with the exception of the pedestrian promenade that would be introduced to promote connectivity between Dove Street and Martingale Way. Policy 6.15.21 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on-street parking. As the project is incorporating affordable housing units, parking will be provided per Section 20.32.040 of the City of Newport Beach Municipal Code. In accordance with the City’s Municipal Code, parking for the neighborhood-serving retail space will be provided per Section 20.40. Adequate and convenient parking will be provided for guests, patrons of the retail businesses, visitors and The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -16- residents. Policy 6.15.22 Building Massing Require that high-rise structures be surrounded with low- and mid-rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. The proposed project would be comprised of mid-rise buildings (up to 87 feet in height) that would front the existing public streets and pedestrian ways. The distance between the existing roadways and adjacent uses and the proposed buildings would be 18 to 54 feet. Additionally, some of the existing mature trees within the project site would remain as part of the proposed project to assist in buffering the building from the street and providing a more gradual sense of scale. Policy 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 proposed project would be designed to comply with the current Building and Energy Efficiency Standards and Green Building Standards Code (CALGreen). In addition, the proposed project would implement a number of environmental sustainable practices, including but not limited to water-efficient landscaping; water quality best management practices to treat surface runoff from the project site; and low impact development practices. The proposed project would introduce residential development in close proximity to existing employment uses within Newport Place and the Airport Area. The proposed project would provide housing near these employment opportunities and would promote the use of alternative transportation, including the Orange County Transit Authority bus routes provided near the project site along Birch Street. The proposed project includes a mix of uses incorporating residential uses as well as neighborhood- serving retail uses within an area that is comprised of mostly office uses, which would encourage walking or biking. The proposed project would include pedestrian sidewalks to provide connectivity of the proposed project to the surrounding area. General Plan Land Use Element Policy Compliance Analysis The Residences at Newport Place Newport Beach, California September 18, 2014; Rev. 1: March 2, 2015 Prepared for NNeewwppoorrtt PPllaaccee RReessiiddeennttiiaall Prepared by The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -i- Table of Contents Page Executive Summary .................................................................................................................. 1  Project Overview ....................................................................................................................... 1  Newport Place Planned Community ................................................................................. 2  Land Use Element Policy Compliance Analysis ....................................................................... 4  Policy 2.1  Residential-Serving Land Uses .................................................................. 4  Policy 2.2  Sustainable and Complete Community ...................................................... 4  Policy 2.3  Range of Residential Choices .................................................................... 4  Policy 2.8  Adequate Infrastructure .............................................................................. 5  Policy 3.3  Opportunities for Change............................................................................ 7  Policy 3.8  Project Entitlement Review with the Airport Land Use Commission ......... 8  Policy 5.6.1  Compatible Development ......................................................................... 8  Policy 5.6.2  Form and Environment............................................................................. 9  Policy 6.15.1  Land Use Districts and Neighborhoods ................................................. 9  Policy 6.15.3  Airport Compatibility ............................................................................... 9  Policy 6.15.5  Residential and Support Uses ............................................................. 10  Policy 6.15.6  Size of Residential Villages ................................................................. 11  Policy 6.15.8  First Phase Development Density ....................................................... 11  Policy 6.15.9  Subsequent Phase Development and Location .................................. 12  Policy 6.15.10  Regulatory Plans ............................................................................... 12  Policy 6.15.12  Development Agreements ................................................................. 12  Policy 6.15.13  Standards ........................................................................................... 12  Policy 6.15.14  Location .............................................................................................. 13  Policy 6.15.15  Aircraft Notification ............................................................................. 13  Policy 6.15.16  Standards ........................................................................................... 14  Policy 6.15.17 Street and Pedestrian Grid ...................................................................... 14  Policy 6.15.18 Walkable Streets ...................................................................................... 15  Policy 6.15.19 Connected Streets ................................................................................... 15  Policy 6.15.21 Required Spaces for Primary Uses ......................................................... 15  Policy 6.15.22 Building Massing ...................................................................................... 16  Policy 6.15.23 Sustainability Development Practices ..................................................... 16  The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -1- General Plan Land Use Element Policy Compliance Analysis The Residences at Newport Place Newport Beach, California September 18, 2014; Rev. 1: March 2, 2015 Executive Summary This Policy Compliance Analysis was commissioned by Newport Place Residential (NPR), Newport Beach, California, and prepared by KHR Associates, Newport Beach, California. The purpose of this report is to identify and evaluate compliance with applicable policies with the City of Newport Beach’s General Plan Land Use Element that may be associated with the development of the Residences at Newport Place mixed-use project, consisting of a total 384 residential dwelling units and 5,677 square feet of retail space on a 5.691-acre site, bounded by Dove Street, Scott Drive, Corinthian Way, and Martingale Way, in the City of Newport Beach, California. The three contiguous parcels are presently occupied by the MacArthur Square shopping center. The project site is located within the City’s recently issued Newport Place Specific Plan, which permits multi-family residential and mixed-use development. The analysis provided herein is based on information regarding the proposed project, as provided by NPR, the City of Newport Beach, and other governing jurisdictions and regulatory agencies, and are not necessarily complete or precise. The information contained in this report is considered confidential, and is intended to be disseminated only as directed by NPR. Project Overview The proposed Newport Place mixed-use project consists of constructing up to 384 residential dwelling units and at least 5,677 square feet of integrated commercial use on a 5.691-acre site, bounded by Dove Street to the southwest, Scott Drive to the northwest, Corinthian Way to the northeast, Martingale Way to the east, and existing commercial uses to the south, and located within the Newport Place Planned Community of the City of Newport Beach, California. The Orange County Assessor’s Parcel Numbers associated with the project site are 427-172-02, -03, -05, and -06, with reference street addresses of 1701 Corinthian Way; 4251, 4253, and 4255 Martingale Drive; 4200, 4220, and 4250 Scott Drive; and 16600 Dove Street. The City of Newport Beach General Plan The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -2- Designation for the project site is MU-H2 (Mixed-Use Horizontal 2) and the Zoning is PC 11 (Planned Community 11, Newport Place). The project site is within the Airport Area Planning Sub-Area of the General Plan. Figure 1 provides an aerial perspective of the configuration and limits of the project site. Figure 2 illustrates the location of the project site within the Newport Place Planned Community boundary. Figure 1 – Aerial Perspective of Project Site Newport Place Planned Community The proposed project is located within the Newport Place Planned Community and is subject to the Planned Community Development Standards: Newport Place.A This area allows a minimum density of 30 dwelling units per acre and a maximum of 50 dwelling units per acre; per to Chapter 20.32 of the Zoning Code, a density bonus is available allowing affordable housing projects to achieve A Planned Community Development Standards: Newport Place, Emkay Development Company, Inc., Newport Beach, California. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -3- increased densities up to a maximum of 35 percent of the base density. According to the Development Standards, a minimum of 30 percent of the dwelling units shall be affordable to lower-income households and subject to a 30-year affordability covenant. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -4- Land Use Element Policy Compliance Analysis Policy 2.1 Residential-Serving Land Uses Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. The proposed project would support the overall rental housing and affordable housing needs of the City of Newport Beach as it would provide a mixed-use development of 384 residential units (86 of which would be “affordable”) and 5,677 square feet of neighborhood-serving retail space, as well as generous public and private recreational space into an area lacking in these types of amenities. Policy 2.2 Sustainable and Complete Community Emphasize the development of uses that enable Newport Beach to continue as a self-sustaining community and minimize the need for residents to travel outside the community of retail, goods and services, and employment. The proposed project would develop a community that would introduce residential and neighborhood-serving retail uses, pedestrian connectivity, and park/open space into the existing Newport Place Planned Community area, replacing the aging, underutilized, and under-performing MacArthur Square commercial shopping center. The introduction and subsequent integration of a multi-family residential development into a well-established neighborhood of primarily commercial, retail, and office uses would provide a greater balance between housing, employment, and retail opportunities within the Airport Area of the City. Residents of the proposed project would be afforded employment opportunities within walking/bicycle riding distance of the project site and those who are currently employed in the area would be afforded a rental housing opportunity within walking/bicycle riding distance of their place of employment. Additionally, the 5,677 square feet of neighborhood-serving retail space within the proposed project would serve not only the residents, but nearby businesses and employment centers, as well. Policy 2.3 Range of Residential Choices Provide opportunities for the development of residential uses that respond to the 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 Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -5- The proposed project would develop 384 residential rental units within a wide range of sizes, floor plans, amenities, and prices, including 86 units that would be designated as affordable to lower income households. Policy 2.8 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). Based on initial calculations of water use and wastewater generation, it has been determined that the existing water and sewer laterals currently serving the proposed project site can be reused without increase in size or number of points of connection. As for stormwater runoff, the quantity leaving the proposed project site would be substantially reduced, while the quality would be substantially improved through the inclusion of low impact development (LID) and best management practices (BMPs). Therefore, no upsizing of the existing storm drain system should be required. Per the Will Serve letter provided by the Utilities Division of the Municipal Operations Department within the City of Newport Beach, the project site is currently being provided with water and wastewater services by the City and the proposed project would continue to be provided these services. It is believed that the City of Newport Beach has sufficient capacity to meet the demands of the proposed project. Hydraulic calculations for water and wastewater will be provided at a later time to confirm the demands of the proposed project against the City’s master plans. There are currently no master planned repair or projects scheduled in the area of the proposed project and the City has no knowledge of any service issues at the current time. AT&T has indicated that telephone facilities are readily available to service the proposed project, and service would be provided in accordance with the requirements of the California Public Utilities Commission. Cox Communications has indicated that facilities are readily available to service the proposed project and service, would include cable, internet access and phone services, if desired. Southern California Edison (SCE) has indicated electrical power will be made available to the proposed project in accordance with California Public Utilities Commission and Federal Energy Regulatory Commission tariffs. According to SCE, there may be the need to conduct utility studies (to be determined at a later time) to assess whether additions or modifications to the existing electric infrastructure are required to serve the proposed project. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -6- Southern California Gas Company has indicated natural gas is readily available to service the subject site and service will be made available in accordance with the service regulations and requirements of the California Public Utilities Commission. The storm drain systems in the project area are owned and maintained by the City of Newport Beach. There is currently an existing catch basin on the project side of Dove Street, which discharges via an 18-inch reinforced concrete pipe (RCP) into the existing 54-inch RCP within Dove Street, which continues on to eventually discharge into the San Diego Creek and out to the Upper Newport Bay, and ultimately to the Pacific Ocean. As part of the proposed project, and to improve traffic safety, the existing driveway entrance to the project site on Dove Street will be relocated to more closely align with Westerly Place. As a result of this shift, the existing catch basin and an existing overhead street light will be relocated at the expense of the developer and will be included within the overall development of the proposed project. The project site falls within the Santa Ana Unified School District (SAUSD) boundaries and would be served by James Monroe Elementary School, McFadden Intermediate, and Century High School. According to the General Plan Land Use Element Amendment Supplemental Environmental Impact ReportB prepared in May, 2014 (SEIR), there is capacity for additional students within James Monroe Elementary and Century High School, while McFadden Intermediate School is currently over capacity. SAUSD obtains its funding from federal and state grant programs, as well as state or local taxes. SAUSD charges Level I developer impact fees, pursuant to California Senate Bill 50, which are assessed based upon the proposed square footage of residential, commercial/industrial, and or parking structure uses. The proposed project would be assessed a fee of $3.36 per square foot for residential uses and $0.54 square feet for commercial uses per the current SAUSD fee schedule and would be paid at the time that building permits are issued. Since the proposed project would be required to pay the impact fees determined by SAUSD, the impacts to SAUSD would be mitigated and considered less than significant. The proposed project would be provided with fire protection services by the Newport Beach Fire Department (NBFD). The NBFD is responsible for reducing loss of life and property from fire, medical, and environmental emergencies. The Fire Prevention Division of the NBFD also works in conjunction with the City’s Community Development and Public Works departments to ensure that all new construction are designed and built in compliance with state and local building and fire codes, including the provision of adequate emergency access and onsite fire protection measures. Station No. 7, located closest to the project site at B General Plan Land Use Element Amendment SEIR: City of Newport Beach, PlaceWorks, Santa Ana, California. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -7- 20401 Acacia Street, would be the first response in the case of an emergency at the project site. This station houses 1 engine and is staffed daily with 1 Fire Captain, 1 Fire Engineer, and 1 Firefighter. Stations No. 2, 3, 4, 6 and 8 would be added in response to larger fires and/or emergencies, if needed. Per the SEIR, the City-wide average response time (90% of the time) for priority incidents is 5 minutes and 44 seconds. NBFD has indicated that there are currently no deficiencies in the level of fire protection services provided to the City, and that the proposed changes to the area as a result of the proposed project would minor and would not have a substantial impact on NBFD’s ability to adequately serve the area. The proposed project would be provided with police protection services by the Newport Beach Police Department (NBPD). The NBPD is responsible for police services, crime prevention and investigation, community awareness programs, and traffic control throughout the City. Additionally, the City is supported with aid from all law enforcement agencies within Orange County, including the Orange County Sheriff’s Department and the Costa Mesa Police Department. The existing project site and businesses are currently served by the NBPD. The proposed project would close the existing businesses within the project site and demolish the existing buildings to develop 384 residential units and 5,677 square feet of retail space. As a result of the proposed project, while there would be an increase in population and structures, it is not anticipated that the proposed project would have a significant impact on NBPD’s level of service. The proposed project would include 384 residential units, which would increase the population in the area and subsequently increase parkland demand. The Airport Area currently does not have any existing parkland due to the fact that there are currently no residential developments in this area. The future residents within the Airport Area would most likely use existing facilities within the Santa Ana Heights service area, which is currently identified as having a park shortage per the SEIR, the Eastbluff service area, and the Big Canyon service area, which are both identified as having substantial surpluses in park areas. In addition, and in accordance with the requirements of the General Plan, the proposed project would include over 20,630 square feet of park area which would be accessible to the public during daylight hours. This park area, in addition to the substantial amount of private on-site recreational space would serve the residents of the proposed project. When completed, the recently approved Uptown Newport project, located within the Airport Area on the west side of Jamboree between Birch and MacArthur would introduce 2 single acre public parks to the Airport Area. Policy 3.3 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors: The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -8-  John Wayne Airport Area: re-use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services. The proposed project would redevelop the existing underutilized and underperforming MacArthur Square commercial shopping center to introduce 384 residential units and 5,677 square feet of neighborhood-serving retail space as well as public and private recreational and open space areas. This would introduce a completely new use within the project area to introduce a mostly residential mixed-use development within close proximity of existing employment and other commercial and retail services. The project site is configured to promote a pedestrian-friendly environment with a new promenade to allow pedestrian connectivity between adjacent uses. The overall design of the project provides a strong sense of connectivity, livability, and community within a job-rich environment. Policy 3.8 Project Entitlement Review with the Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planning Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The proposed project would not require a determination of consistency by the ALUC as the proposed project would not require an amendment of the General Plan, Zoning Code, or the Newport Place planned community standards. Additionally, the proposed project introduces vertical building elements up to 87 feet in height above ground level, substantially less than the 200-foot height limit that would require review by the ALUC. Policy 5.6.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. The architecture of the proposed project is designed with the overall ambiance and varying architectural styles and scale of Newport Place in mind. The proposed project would be configured to provide an overall pedestrian-friendly environment, inclusive of a new park area/pedestrian promenade connection between Dove Street and Martingale Way to promote pedestrian activity to adjacent commercial, retail, and office uses. The proposed project would also be The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -9- developed in a manner that would not be detrimental to the surrounding land uses. Policy 5.6.2 Form and Environment Require that outdoor lighting be located and designed to prevent spillover onto adjacent properties or significantly increase the overall ambient illumination of their location. The change in use of the proposed project site from primarily commercial to primarily residential should result in substantially less overall nighttime light emission, especially when viewing the site at ground level. Lighting that would be associated with the proposed project would be directed to the interior of the project so as not to create significant impacts to adjacent land uses and roadways. All exterior lighting for the proposed project, including any lighted signage for the retail space, would be designed, arranged, directed or shielded to prevent excess illumination and light spillover onto adjacent land uses and roadways. The project-related lighting would be designed to adhere with the City of Newport Beach lighting standards and the California Building Energy Efficient Standards for Residential and Nonresidential Buildings, Title 24, Part 6, of the California Code of Regulations, which outlines the mandatory provisions for lighting control devices and luminaries. Policy 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. The proposed project would redevelop the existing underutilized and underperforming MacArthur Square commercial shopping center to introduce a new use within the project area comprised of a mixed-use development inclusive of residential and neighborhood-serving retail uses within close proximity of existing employment and other commercial and retail services. The architecture of the proposed project is designed with the overall ambiance and varying architectural styles and scale of Newport Place in mind. The proposed building would feature vertical elements of varying height up to 87 feet in height, and be set back between 18 and 54 feet from the surrounding public streets and adjacent property, resulting in dynamic vertical and horizontal articulation to promote visual interest and provide a scale that is compatible with surrounding uses. Policy 6.15.3 Airport Compatibility The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -10- Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. A “Notice of Proposed Construction or Alteration” has been submitted to the FAA to obtain clearance of the proposed project’s building height. The project site falls within the 60 dBA CNEL aircraft operation noise contour and completely outside of the 65 dBA CNEL aircraft operation noise contour, allowing our proposed project to be developed in accordance with this policy. A “Determination of No Hazard to Air Navigation” was issued November 25, 2014. Policy 6.15.5 Residential and Support Uses Accommodate the development of a maximum of 2,200 multi-family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. The proposed project would develop residential uses and neighborhood-serving retail uses with park space and both public and private open space in place of the existing MacArthur Square commercial shopping center. The proposed project would redevelop the site to a high-density mixed-use development that would include 384 residential units and 5,677 square feet of neighborhood- serving retail uses. Under the proposed project, and 284 residential units would be developed as replacement units and 100 density bonus units would be allocated to the proposed project pursuant to Chapter 20.32 (Density Bonus) of the City’s Municipal Code. The residential units developed within the proposed project would contribute to the residential units envisioned and approved for the Airport Area. The only other approved project within the Airport Area at the time of this application would be the Uptown Newport project which was approved for 632 replacement units and 290 additive units. As determined by the City’s traffic engineer, the number of peak hour trips generated by the redevelopment of the project site (with 384 residential units and 5,677 square feet of general retail space) would not exceed the number of trips The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -11- attributable to the existing permitted non-residential uses. The City’s General Plan has provided a conversion of the existing land uses in the Airport Area to residential uses on a traffic neutral basis. The City applies conversion factors to determine consistency with the trip neutral requirement of this policy. The existing project site includes 5.691 acres and is currently developed with 58,277 square feet of commercial square footage. When applying the City’s conversion methodology to the existing site square footage, a total of 307 residential units would be allowed to be developed as replacement units. However, the maximum number of units (exclusive of the density bonus units permissible under the City’s Municipal Code) allowed due to the maximum density of 50 units per acre would be 284 units (exclusive of additional units allowable under the bonus density provision). Due to this limit on the residential units, the proposed project would be able to provide 5,677 square feet of neighborhood-serving retail use while still maintaining compliance with the “traffic neutral” policy. Policy 6.15.6 Size of Residential Villages Allow development of mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The adoption of the Newport Place Planned Community Amendment Number PD2011-005 permitted the development of residential uses that include a minimum of 30 percent of the units affordable to lower-income households. Developments that meet this criteria are eligible for a waiver of the minimum 10- acre site area requirement. The proposed project would redevelop the existing 5.691 acre site to include 384 residential units and 5,677 square feet of neighborhood-serving retail use. Of the 384 units, 284 units are considered “base” units. 30 percent of the “base” units (the units allowable utilizing the City’s conversion factor exclusive of any additional units allowed as part of the bonus density) will be developed as units that would be affordable to lower-income households. This would allow the proposed development to be excluded from this policy. Policy 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 acreage density for the area encompassed by the first phase is achieved. The proposed project would redevelop the existing 5.691 acre site to include 384 The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -12- residential units and 5,677 square feet of neighborhood-serving retail use. Of the 384 units, 284 units are considered “base” units. Exclusive of the units allowable as a result of the bonus density permitted by providing units that are affordable to lower-income households, the proposed project does not exceed the 50 units per net acre maximum. Policy 6.15.9 Subsequent Phase Development and Location Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. The proposed project would redevelop the existing site in one phase and would not be subject to this policy. Policy 6.15.10 Regulatory Plans Require the development of a regulatory plan for each residential village, which shall contain a minimum of 10 acres, to coordinate the location of new parks, streets, and pedestrian ways; set forth a strategy to accommodate neighborhood- serving commercial uses and other amenities; establish pedestrian and vehicular connections with adjoining land uses; and ensure compatibility with office, industrial, and other nonresidential uses. The proposed project would redevelop the existing 5.691 acre site. A regulatory plan would not be required for the development as it would fall below the threshold of 10 acres for this policy. Policy 6.15.12 Development Agreements A Development Agreement shall be required for all projects that include infill residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City’s commitment for the number, density, and location of the housing units. The proposed project is only comprised of replacement units and does not include infill residential units, and as such would not be required to enter into any Development Agreement. Policy 6.15.13 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 The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -13- distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing right-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 satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. The proposed project would provide for over 20,630 square feet of park area that would serve as a neighborhood park and a pedestrian promenade, accessible to the general public during daylight hours. Given the existing land uses within the project area, the demand for a public park to serve residential uses is currently nonexistent. With the introduction of the proposed project to the area, the demand for park space would be increased, however the proposed project would introduce a park accessible to the general public and would serve the needs of the residents within the proposed project. In addition to the park space that would be provided as part of the proposed project, there would an abundance of on-site private recreational space that would serve the needs of the residents within the project. The provisions of these spaces would minimize the overall impact on the existing park space within the City. Policy 6.15.14 Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on-street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. The proposed project would provide over 20,630 square feet of parkland space that would provide connectivity between two public streets, Dove Street and Martingale Way. There is currently on-street parking provided on Martingale Way that would be available. The proposed park space would be public in character and accessible to the general public during daylight hours. For safety and security reasons, it is proposed that the park be closed after dark. Policy 6.15.15 Aircraft Notification Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -14- The proposed project’s public accessible park would be posted with a notification to users regarding the proximity to John Wayne Airport and aircraft overflight and noise. Policy 6.15.16 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 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 proposed project would redevelop 5.691 acres of land and would provide 20,630 square feet of parkland space, which would be accessible to the general public during daylight hours, and would provide connectivity between two public streets, Dove Street and Martingale Way. In addition, there would be an abundance of onsite recreational amenities, including courtyards of various size, shape, and function; a large swimming pool and two large spas; exercise and fitness facilities; and active and passive open space areas. Additional private open space and recreational amenities developed within the proposed project may include a rooftop terrace, recreational spaces, seating areas, barbeque facilities, a clubhouse; community rooms and other common spaces. Policy 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 proposed project would be configured to introduce a new pedestrian/bikeway connection between Dove Street and Martingale Way to promote mobility and connectivity within the Newport Place area, including the proposed project and adjacent commercial and office uses. The project site currently has 6 foot sidewalks and 4 foot parkways surrounding the site which could remain as part of the proposed project that will serve as connections to the surrounding areas and The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -15- provide a strong sense of connectivity. 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. The proposed project would incorporate existing public sidewalks and parkways, as well as introduce new sidewalks to provide streetscapes that promote convenient and safe driving and pedestrian activity. The streets surrounding the proposed project will be landscaped to enhance the architecture of the buildings and would include elements such as public plazas, building lobbies, and front stoops to private residences. Parallel parking is currently offered on Martingale Way, though no new parallel parking would be incorporated as part of the project due to the traffic demands on the other surrounding streets, including Dove Street, Scott Drive, and Corinthian Way. 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. As shown in Figure LU23, no new streets would be incorporated as part of the proposed project as it is not needed. There is vehicular access surrounding the site with the exception of the pedestrian promenade that would be introduced to promote connectivity between Dove Street and Martingale Way. Policy 6.15.21 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on-street parking. As the project is incorporating affordable housing units, parking will be provided per Section 20.32.040 of the City of Newport Beach Municipal Code. In accordance with the City’s Municipal Code, parking for the neighborhood-serving retail space will be provided per Section 20.40. Adequate and convenient parking will be provided for guests, patrons of the retail businesses, visitors and residents. The Residences at Newport Place Land Use Element Policy Compliance Analysis Newport Beach, California by KHR Associates -16- Policy 6.15.22 Building Massing Require that high-rise structures be surrounded with low- and mid-rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. The proposed project would be comprised of mid-rise buildings (up to 87 feet in height) that would front the existing public streets and pedestrian ways. The distance between the existing roadways and adjacent uses and the proposed buildings would be 18 to 54 feet. Additionally, some of the existing mature trees within the project site would remain as part of the proposed project to assist in buffering the building from the street and providing a more gradual sense of scale. Policy 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 proposed project would be designed to comply with the current Building and Energy Efficiency Standards and Green Building Standards Code (CALGreen). In addition, the proposed project would implement a number of environmental sustainable practices, including but not limited to water-efficient landscaping; water quality best management practices to treat surface runoff from the project site; and low impact development practices. The proposed project would introduce residential development in close proximity to existing employment uses within Newport Place and the Airport Area. The proposed project would provide housing near these employment opportunities and would promote the use of alternative transportation, including the Orange County Transit Authority bus routes provided near the project site along Birch Street. The proposed project includes a mix of uses incorporating residential uses as well as neighborhood- serving retail uses within an area that is comprised of mostly office uses, which would encourage walking or biking. The proposed project would include pedestrian sidewalks to provide connectivity of the proposed project to the surrounding area.