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Home My WebLink About11 - City Hall Reuse Amendments 3300 Newport Blvd & 475 32nd St(1) TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 11 March 26, 2013 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: James Campbell, Principal Planner APPROVED: A TITLE: City Hall Complex Reuse Project Amendments: General Plan Amendment No. GP2012 -002, Coastal Land Use Plan Amendment No. LC2012 -001, and Zoning Code Amendment No. CA2012 -003 (PA2012 -031) 3300 Newport Boulevard and 475 32nd Street ABSTRACT Amendments of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code to change the land use designation and zoning of the existing City Hall Complex from Public Facilities to Mixed -Uses to allow for future reuse of the site. The CLUP amendment also includes new policy language to allow taller buildings up to 55 feet with allowances for architectural features. The Zoning Code amendment will establish development standards for future development projects including a higher height limit and increased setbacks and open space. RECOMMENDATION 1) Conduct a public hearing; 2) Adopt the attached resolution adopting the City Hall Reuse Project Initial Study /Mitigated Negative Declaration (SCH# 2012111074) including a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (Attachment A); 3) Adopt the attached resolution approving General Plan Amendment No. GP2012- 002 (Attachment B) 4) Adopt the attached resolution approving Coastal Land Use Plan Amendment No. LC2012 -001 (Attachment C); and 1 City Hall Reuse Amendments March 26, 2013 Page 2 5) Introduce and pass on to a second reading on April 9, 2013, the attached ordinance approving Zoning Code Amendment No. CA2012 -003 (Attachment D). FUNDING REQUIREMENTS None. The existing City Hall Complex is located at the north -east corner of Newport Boulevard and 32nd Street, and it is currently developed with Newport Beach City Hall and Fire Station #2 within approximately 54,000 square feet of building area. The site is 4.26 gross acres. The General Plan, Coastal Land Use Plan, and the Zoning Map designate the site as Public Facilities and no intensity limit currently applies. 2 �� •fjjJ�`pp�II � - ��a �y� s .� f r 1 2 City Hall Reuse Amendments March 26, 2013 Page 3 LOCATION GENERAL PLAN Z I CURRENT USE ZONING Public Facilities PF (Public Facilities) J Government office, fire station NORTH General Commercial CG 0.5 FAR (General Retail, office, theater >zjs Commercial) CV 0.5 FAR (Visitor 6 CG 0.5 FAR MU, _ ¢ CGO.S FAR MU W] VaP MU- CV /15`" St personal service commercial, ' 0� (Mixed Use Cannery private club, residential ' . �m me Villa a /15`" St. s 9• RM AOUTAC >w�. uuF I aLy I CG 0.75 FAR (General 's 4• RM 21]8 SA /DV EAST zw PF Office, restaurant r � PF RM 2178 sq. ft. /DU CC F CC 0.5 FAR WEST Corridor Commercial V CC 0.5 FAR I F V Commercial) commercial, gas station CG °y LG O.] FM YIO]5^FAR ^ RT � MLLISTX Si LVI TC LN 0.] FPR e ' P. o 5 LAO- CN 0.]FAR ��' r�i . Lx-I61X V b LOCATION GENERAL PLAN Z I CURRENT USE SITE Public Facilities PF (Public Facilities) J Government office, fire station NORTH General Commercial CG 0.5 FAR (General Retail, office, theater Commercial) CV 0.5 FAR (Visitor Visitor - Serving Serving Commercial) & Retail, restaurant, office, SOUTH Commercial & MU- CV /15`" St personal service commercial, Mixed Use Horizontal 4 (Mixed Use Cannery private club, residential Villa a /15`" St. General Commercial & CG 0.75 FAR (General EAST Multi - Family Residential Commercial) & Office, restaurant RM 2178 sq. ft. /DU WEST Corridor Commercial CC 0.5 FAR (Corridor Retail, restaurant, office, service Commercial) commercial, gas station The project involves amendments to policy and regulatory documents only and does not authorize a specific development project or use. 1. General Plan Amendment (GPA) The amendment includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU- H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. The proposed amendment is within Attachment B. No other changes to the General Plan are proposed and all other provisions would remain unchanged. 2. Coastal Land Use Plan Amendment (CLUP) The amendment includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for 3 City Hall Reuse Amendments March 26, 2013 Page 4 higher height limits. The proposed amendment is within Attachment C. No other changes to the CLUP are proposed and all other provisions would remain unchanged. 3. Zoning Code Amendment The amendment includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed -Use- Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. The proposed amendment is within Attachment D. No other changes to the Zoning Code are proposed and all other provisions would remain unchanged. Background The City has been considering strategies for revitalizing the Lido Village area for the past 3 years. In January 2011, City Council approved "Conceptual Plan 5B" for the Lido Village area. The 5B Plan is a concept plan that provides a future vision for Lido Village including the existing City Hall Complex. The plan suggests the complete redevelopment of the 4 -acre complex with community services, market rate apartments, a fire station, and /or live -work units. In February 2011, the City Council created the Neighborhood Revitalization Committee (NRC) to guide the preparation of additional revitalization strategies for several areas including Lido Village. The NRC created a Citizens Advisory Panel (CAP) for the Lido Village revitalization area and the process led to the adoption of the Lido Village Design Guidelines in January of 2012, by the City Council. The Guidelines do not address future land uses but describe the overall design theme for future development within Lido Village including the City Hall site. On April 24, 2012, the City Council directed staff to prepare necessary amendments of the General Plan, Coastal Land Use Plan, and Zoning Code to support re -use of the site for a variety of potential land uses. Uses being considered at that time included commercial, residential, and /or civic uses that could include a community center, public plaza, a fire station and /or public parking. Staff returned to the City Council on June 24, 2012, with an outline of what the amendments would provide and the City Council requested additional information regarding the possibility of using the site for a boutique hotel. The City Council included visitor accommodations in the land use mix after subsequent market and economic analysis suggested that an upscale boutique hotel would be feasible. On September 25, 2012, the City Council identified density and intensity limits for the proposed General Plan Amendment. At that time, it was determined that a vote of the electorate would not be required pursuant to Charter Section 423 (Measure S). III City Hall Reuse Amendments March 26, 2013 Page 5 Plannino Commission Review On January 17, 2013, the Planning Commission reviewed the proposed amendments at a noticed public hearing. At the conclusion of the hearing, the Commission voted 6 -0 -1 to adopt Resolution Nos. 1905 and 1906 recommending adoption of the draft Mitigated Negative Declaration including the Mitigation Monitoring and Reporting Program and approval of the proposed amendments (Attachment E). General Plan Amendment The GPA would provide for a future mixed -use development consisting of residential and possibly ancillary retail uses or visitor accommodations including accessory commercial and meeting spaces, municipal uses including a community center, public plazas, a fire station, and /or public parking. The proposed designation provides sufficient flexibility to identify potential development opportunities to meet the community's future needs. Staff prepared a land use policy consistency analysis that is contained in the Initial Study /Mitigated Negative Declaration (MND). In summary, no policy conflicts are noted, and staff believes future uses consistent with the proposed General Plan designation would be compatible with existing uses and surrounding commercial and residential designations. These conclusions were reached by considering the proposed increase in building height, setbacks, and open space within the context of the existing developed environment that includes several taller buildings. Potential impacts to public views are discussed further in conjunction with the proposed Coastal Land Use Plan Amendment. Charter Section 423 (Measure S) Charter Section 423 requires an analysis of the density, intensity, and peak hour traffic associated with a proposed GPA. When increases in density, intensity, and peak hour traffic of a proposed GPA along with 80% of the increases of prior amendments approved within the preceding 10 years exceed specified thresholds', the proposed GPA is considered to be a "major amendment" that requires voter approval. City Council Policy A -18 establishes the Guidelines for implementation of City Charter Section 423 and provides specific guidance as to the density, intensity and traffic thresholds for the analysis. The analysis is a "plan -to- plan" where the maximum density, intensity, and peak hour traffic of the existing General Plan designation is compared to the maximum density, intensity, and peak hour traffic of the proposed GPA. In contrast to the traffic analysis provided in the MND, the peak hour trip analysis for the Charter Section 423 analysis is based upon established Institute of Traffic Engineers (ITE) rates rather than empirical data. ' 100 dwelling units, 100 peak hour trips, or 40,000 square feet of non - residential development. 9 City Hall Reuse Amendments March 26, 2013 Page 6 The City Hall Complex is located within Statistical Area B -5 as shown in the figure below and the City has approved three prior amendments. Table 1 identifies the increases in density, intensity, and peak hour traffic associated with the three prior amendments. 4 Table 1 Statistical Area B -5: Prior Amendment Increases Prior Increase Increase Peak Hour Amendment in in Trip Increase AM PM density(') intensity(2) GP 2010- 0 15,103 45.4 60.5 005 GP 2011- 1 4,053 12.7 16.8 003 GP 2011- 0 1,188(3) 2.7 3.7 010 Total 1 20,344 60.8 81 Increases 80% Total 1 16,275 48.6 64.9 Increases (1) Measured in dwelling units (2) Measured in gross floor area (3) Rounded to nearest whole number The existing General Plan land use category of Public Facilities does not list residential uses, and as a result, the existing allowed residential density for the site is zero (0) dwelling units. Given that prior amendments have authorized one (1) additional unit, an amendment authorizing residential development of up to 99 units within Statistical Area B -5 would not exceed the threshold identified by Charter Section 423, and would not require voter approval. As to the intensity thresholds identified by Charter Section 423, the existing General Plan does not establish a limit on floor area for the intensity for the Public Facilities land use category. Rather, Land Use Policy 6.1.1 indicates that the needs of Newport Beach's residents and businesses will determine the type and size of necessary facilities. Absent a specified maximum intensity, the "plan to plan" analysis indicates that changes to the site's intensity would not require voter approval. However, when the General Plan Update was approved in 2006, the City had commissioned a traffic study that assumed that the existing City Hall site would be expanded to 75,000 square feet. Therefore, staff has conservatively used the 2006 General Plan Update traffic assumption for the purpose of analyzing the Charter Section 423 thresholds. Tables 2 NO City Hall Reuse Amendments March 26, 2013 Page 7 and 3 reflect staff's analysis as to development density and intensity, and the resulting peak hour trips, which would not require voter approval pursuant to Charter Section 423. Table 2 Measure S Anal sis for Proposed Mixed -Use Project Density Units Intensity Square Feet Peak Hour Traffic AM PM Existing General Plan land use maximum credit 0 75,000) 166 214 Proposed Mixed -use project maximum 99 15,000 95 121 Amendment difference 99 60,000 -71 -93 Vote Required No No No No 80% of prior amendments 1 16,275 49 65 Total 100 16,275 49 65 Vote Required No No No No (1) General Plan Transportation Study, 3/22/2006, Urban Crossroads Table 3 Measure S Analysis for Proposed Hotel Project Intensity (Square Feet) Peak Hour Traffic AM PM Existing General Plan building area maximum credit 75,000(') 166 214 Proposed hotel building area maximum 98,725 74 78 Amendment difference 23,725 -92 -136 Vote Required No No No 80% of prior amendments 16,275 49 65 Total 40,000 49 65 Vote Required No No No (1) General Plan Transportation Study, 3/22/2006, Urban Crossroads The building area for the fire station was not counted in the intensity analysis. The basis for this assumption is that the majority of the fire station is a vehicle garage, and parking garages are not included in the calculation of floor area under the General Plan. Additionally, ITE does not identify peak hour trip generation rates for fire stations. Therefore, in consideration of the residential, floor area and traffic limitations established by Charter Section 423, staff has concluded that the proposed density and intensity limit of the proposed GPA would not require voter approval. Coastal Land Use Plan Amendment The proposed Coastal Land Use Plan Amendment creates a new mixed use land use category that is consistent with the proposed GPA in terms of land use, density and intensity. Staff prepared a CLUP policy consistency analysis that is contained in the Initial Study /Mitigated Negative Declaration (MND) starting on Page 90. In summary, no N City Hall Reuse Amendments March 26, 2013 Page 8 policy conflicts are noted. The proposed increase in building height necessitates an amendment of Policy 4.4.2 -1 that provides for the maintenance of the 35 -foot Shoreline Height Limit. The proposed amendment follows with deleted language in st :neoz:t and new language underlined. "4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4 -3, except for the following-site sites. A. Marina Park located at 1600 West Balboa Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but could house screened communications or emergency equipment. The additional height would create an iconic landmark for the public to identify the site from land and water and a visual focal point to enhance public views from surrounding vantages.2 B. Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall Complex): Buildings and structures up to 55 feet in height, provided it is demonstrated that development does not negatively impact public views. Peaks of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet. The purpose of allowing buildings, structures and architectural elements to exceed 35 feet is to promote vertical clustering resulting in increased Publically accessible on -site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities." The proposed policy language provides protection of public views consistent with General Plan and CLUP policies. The MND provides an analysis of potential impacts to public views from designated viewpoints located nearby, specifically Sunset View Park and Cliff Drive Park. Other vantages where public views are protected were not included due to extended distances. Future development of the site, consistent with the proposed amendment, would result in structures that will be visible from Sunset View Park and Cliff Drive Park; however, due to the extended distance and elevation of these vantage points in relation to the project site, future development of the site will blend into the urban background and not block any important focal points within existing public views from these vantages. For these reasons, the analysis concludes that there will be less than significant impacts to coastal views and no inconsistency with General Plan or CLUP policy. As a result, a finding of consistency with applicable policies of the Coastal Act can be made for the proposed amendment. 2 Note that the policy language related to Marina Park has been adopted by the City Council but has not been approved by the CCC as of the preparation of this report. The amendment is scheduled to be heard by the CCC on March 6, 2013. 0 City Hall Reuse Amendments March 26, 2013 Page 9 Zoning Code Amendment The proposed Zoning Code Amendment provides allowed uses and density and intensity limits consistent with the proposed GPA. Additionally, given the proposed amendment of CLUP Policy 4.4.2 -1, it is necessary to adopt a higher height limit. Staff identified a principal limit at 55 feet to accommodate 4 -story development. Given structures of this height, increased setbacks, and a minimum open space requirement were included to promote compatible development. Allowed Uses: Retail, commercial offices (non - medical), visitor accommodations, multi -unit residential, community center, fire station, public parking facility. Height: 55 feet to flat roofs measured to the top of parapet walls. The peaks of sloping roofs and elevator towers may be up to 60 feet in height and architectural features such as domes, towers, cupolas, spires, and similar structures may be 65 feet in height. Setbacks: Location Structure type Setback from Property Line Newport Blvd. Subterranean 0 feet 1 st & 2nd floor 20 feet Above 2nd floor 35 feet 32" Street Subterranean 0 feet 15 & 2nd floor 1 foot Above 2nd floor 10 feet Interior Subterranean 0 feet Above grade 5 feet (1) No more than 26 feet above existing grade (2) More than 26 feet above existing grade Open Space: Minimum 20 percent Parking: Specified by the current Zoning Code It is important to note that a future mixed -use project may include ancillary retail uses and a possible hotel project would include accessory meeting space and commercial uses (i.e. retail, restaurants, spa, etc.) and it could include a complementary residential component. No other changes to the Zoning Code are recommended, and as such, a future project would be subject to all other zoning regulations including parking requirements, typical procedural requirements, and compliance with the Lido Village Design Guidelines. The Planning Commission would review a future project at a noticed public hearing. A future development project would also be subject to California Environmental Quality Act review. Staff believes that the proposed zoning standards for uses, density and intensity, development standards, and future public review would result in development compatible with the area. I City Hall Reuse Amendments March 26, 2013 Page 10 4ki 1yjI ;to],I dd;Iki llr_1NNAVAINVA An Initial Study /Mitigated Negative Declaration (MND) has been prepared by Keeton Kreitzer Consulting with the assistance of staff, in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K- 3. The MND is a separate bound volume and can be found on -line at: www. newportbeachca .gov /cegadocuments. A copy of the MND was also made available at each Newport Beach Public Library and at the Community Development Department at City Hall. The MND was made available for public review for a 30 -day comment period beginning November 26, 2012, to December 26, 2012. The City received three comment letters and staff has prepared responses to the comments for consideration. After the close of the comment period, the City received two additional comment letters and responses to the supplemental comments were prepared for consideration. The MND does not identify any component of the proposed project that would result in a "potentially significant impact" on the environment. However, the document does identify that project implementation could result in effects that are "less than significant with mitigation incorporated" with regard to the following five (5) environmental categories: Aesthetics, Biological Resources, Cultural Resources, Noise and Public Services. Twelve (12) mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included in Attachment A. A traffic study was not required by the Traffic Phasing Ordinance (TPO) due to the limited net increase in average daily trips (ADT) above the baseline of existing uses. Traffic studies are only required by the TPO when a project results in an increase of 300 average daily trips (ADT) or more. This analytical limit is used by the City as a CEQA threshold and projects that result in a net increase of fewer that than 300 ADTs are considered to have a "less than significant impact." In the analysis for the proposed amendments, several likely development scenarios were identified and the most intensive development scenario increased ADTs above the baseline of existing uses of the site by less than 300 trips. In all likely development scenarios considered, AM and PM peak trips decreased compared to the baseline of existing uses. This fact further supports the conclusion that there would be a less than significant traffic impact considering the fact that the City's thresholds of significance for traffic impacts are based solely on increases in peak hour trips. The MND relies upon the 2006 General Plan Update EIR for most of the analysis, which is the appropriate analytical method since this is a General Plan Amendment (i.e., "programmatic "). Project level analysis will be conducted when a future project is identified. At that time, the project would be evaluated based on the specific project parameters (e.g., land use, floor area, number of dwelling units, building height, and other aspects of the physical design). There were comments regarding shading due to the proposed increase in the height limit. Initially, a shade study was not prepared for the MND due to the lack of shadow- sensitive uses located nearby. However, subsequent to the publication of the MND, the City received an application to develop residential uses approximately 50 feet to the east of the 10 City Hall Reuse Amendments March 26, 2013 Page 11 project site at 3355 Via Oporto. Therefore, out of an abundance of caution, the City had an analysis of shadows prepared (Attachment F) which supports the conclusion that no significant impact would occur. Staff does not consider the additional shade analysis to be significant new information as defined by CEQA to warrant recirculation of the MND pursuant to CEQA Guidelines section 15073.5. NOTICING Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: yk�"'v- Kimberly Brand , AICP Director Attachments: A B C D E F Draft resolution adopting the MND Draft resolution approving GP2012 -002 Draft resolution approving LC2012 -001 Draft ordinance adopting CA2012 -003 Planning Commission Resolution Nos. 1905 and 1906 Shade /shadow analysis 11 Intentionally Blank 12 Attachment A Draft resolution adopting the MND 13 14 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH #2012111074) FOR THE CITY HALL REUSE PROJECT AMENDMENTS AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) 1. On April 24, 2012, the City Council of Newport Beach authorized the initiation of amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, commonly known as the City Hall Site and legally described in Exhibit A. The amendments for the City Hall Reuse Project are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. Pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K -3, the proposed amendments ( "Project') are defined as a project and as such as subject to environmental review. 3. The City caused to be prepared an Initial Study /Mitigated Negative Declaration (SCH No. 2012111074) ( "MND ") in compliance with CEQA, the State CEQA Guidelines and City Council Policy K -3. 15 Resolution No. 2013 - Page 2 of 17 4. On July 25, 2006, the City Council certified the adequacy and completeness of the EIR for the General Plan 2006 Update (EIR No. 2006011119) by adopting Resolution No 2006 -75. In accordance with CEQA Guidelines section 15168, the City prepared the EIR for the City of Newport Beach General Plan 2006 Update as a program EIR (the 'Program EIR "). CEQA provides for using a Program EIR to ensure consideration of cumulative impacts, avoid duplicative reconsideration of basic policy issues, and allow early identification and evaluation of program wide mitigation measures. Agencies are encouraged to tier the environmental analyses, which refers to using the analysis of general matters contained in a broader EIR (i.e., General Plan EIR) with later EIRs or negative declarations on narrower projects. Therefore, the environmental analysis contained within the City Hall Reuse Project Initial Study /Mitigated Negative Declaration is tiered with the General Plan 2006 Update EIR, as permitted under the CEQA Guidelines and where determined applicable based on the proposed redevelopment of the City Hall property. This City Hall Reuse Project Initial Study /Mitigated Negative Declaration is incorporating by reference the environmental analysis from the General Plan 2006 Update EIR, which provides a description of the environmental setting as well as the environmental impact conclusions. The baseline conditions for analysis are those identified within the General Plan Update EIR. 5. Notice of the availability of the draft MND was given in accordance with CEQA, the State CEQA Guidelines and City Council Policy K -3. The draft MND was made available for public review for a 30 -day comment period beginning on November 26, 2012, and ending December 26, 2012. The City received three comments letters during the public review period and the comments and responses to the comments were prepared for consideration by the public and decision - makers. 6. A public hearing was held before the Planning Commission on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). A draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. During the hearing, two additional comment letters were presented to the Planning Commission for consideration. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1905 recommending adoption of the environmental documents. The Planning Commission also adopted Resolution No. 1906 recommending approval of the City Hall Reuse Amendments. 7. Subsequent to the Planning Commission hearing on January 17, 2013, the City had a shade /shadow analysis prepared due to comments about shading due to the proposed increase in the height limit. Initially, a shade study was not conducted due to the lack of shadow - sensitive uses located in the vicinity of the project site. Sensitive land uses include residential, recreational and park areas, plazas, schools, and nurseries. Subsequent to the publication of the MND, the City received an application to develop residential uses approximately 50 feet to the east of the project site at 3355 Via Oporto. 10 Resolution No. 2013 - Page 3 of 17 8. The City has considered a significant impact related to shadows to occur when 50 percent of shadow - sensitive use or area is in shade /shadow for at least 50 percent of daylight hours. The shade /shadow analysis predicts shadows of a building envelope based upon proposed setbacks and the 26 -foot and 55 -foot building envelope. Shadows will not affect the residentially designated property located at 3355 Via Oporto by more than 50 percent of the time between 9:OOAM and 3:OOPM Pacific Standard Time between late October early April and no more than 50 percent of the time between 9:OOAM and 5:OOPM Pacific Daylight Time between early April and Late October; therefore, no significant shading impact would occur. 9. The shade /shadow analysis is not significant new information as defined by CEQA to warrant recirculation of the MIND pursuant to CEQA Guidelines section 15073.5. This new information does not identify a new significant impact not previously disclosed nor does it indicate there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated. The new information supports the conclusion provided by the MND that no significant impact with regards to shading would occur with approval of the amendments. 10. A public hearing was held before the City Council on March 26, 2013, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the City Council at the scheduled hearing. 11. On the basis of the entire environmental review record, the proposed Project will have a less than significant impact upon the environment with the incorporation of mitigation measures identified in IS /MND and in the Mitigation Monitoring and Reporting Program (MMRP). The mitigation measures are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures would be applied to future development of the site through the MMRP. 17 Resolution No. 2013 - Page 4 of 17 NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby adopts a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the City Hall Reuse Project Amendments (SCH #2012111074) attached as Exhibits B and C respectively. AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Keith D. Curry, Mayor ATTEST: Leilani I. Brown, MMC, City Clerk AN Exhibit A LEGAL DESCRIPTION: Resolution No. 2013 - Page 5 of 17 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST 19 Resolution No. 2013 - Page 6 of 17 CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. ME Resolution No. 2013 - Page 7 of 17 EXHIBIT B Initial Study /Mitigated Negative Declaration (Including Comments and Responses to Comments) City Hall Reuse Project Amendments (SCH #2012111074) Separate bound report is available at the Community Development Department or it is available at the following URL: www.newportbeachca.gov/cegadocuments 21 Resolution No. 2013 - Page 8 of 17 EXHIBIT C Mitigation Monitoring and Reporting Program City Hall Reuse Project Amendments (SCH #2012111074) 22 MITIGATION MONITORING AND REPORTING PROGRAM IzIAFA as] :i to] kva:I_wm 7 1 1;i :gu:0alx91 rn\iIfiI=1zIQiTiI *klk K for . ;�Wp 0 L�l .v . �LIFOR�1 2 3 v m 0 MITIGATION MONITORING AND REPORTING PROGRAM In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MIND) and Initial Study for the proposed Newport Beach City Hall Reuse Project located in the City of Newport Beach. The MIND indicated that the potential adverse environmental impacts of the project, in terms of Aesthetics, Biological Resources, Cultural Resources, Noise, and Public Services (i.e., Fire Protection) could be mitigated to below levels of significance. The mitigation measures have been incorporated into the project and the MIND is scheduled for adoption by the City of Newport Beach, in conjunction with the approval of the project. In addition to the mitigation measures, several standard conditions and /or project design features have also been incorporated into the proposed project that avoid or reduce potentially significant impacts. The standard conditions are also listed in the MMRP. Section 21081.6 of the Public Resources Code (PRC) and CEQA Guidelines section 15097 require the Lead Agency for each project which is subject to the CEQA to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The PRC requires the Lead Agency to adopt a monitoring and reporting program that is designed to ensure compliance during project implementation. In accordance with PRC Section 21081.6 and CEQA Guidelines section 15097, this Mitigation Monitoring and Reporting Program (MMRP) has been developed for the Newport Beach City Hall Reuse project. MITIGATION MEASURES The mitigation measures which are required to reduce or avoid the potentially significant adverse impacts of future development on the project site are listed in Table 1, Mitigation Monitoring and Reporting Program. Responsible parties, the time frame for implementation, and the monitoring parties are also identified for each measure. In order to determine if the responsible party has implemented these measures, the method of verification is also identified, along with the City of Newport Beach department or agency responsible for monitoring /verifying that the responsible party has completed each mitigation measure. Table 1 Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Newport Beach, CA SC /MM No. Mitigation Measure Method of Verification Timing of Implementation Responsibility Aesthetics Future redevelopmenUreuse of the City Hall Complex property shall reflect the architecture, landscape architecture, lighting and all applicable related guidelines established for the subject site by the Prior to Approval of Site M 4.1 -1 Lido Village Design Guidelines. Prior to approval of a future project for Plan Check Development Plan Planning Division redevelopmentlreuse of the City Hall Complex property, the applicant shall submit development plans that comply with the Lido Village Design Guidelines applicable to the City Hall Complex property. 24 !]1 O (D O O -w v SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility Future uses and/or structures proposed for the City Hall Complex property shall comply with all applicable development standards of Section 5.1 (Implementation), the provisions of Part 3 (Site Planning MM 4.1 -2 and General Development Standards), and Part 4 (Standards for Plan Check Prior to Approval of Site Planning Division Specific Land Uses) in the Lido Village Design Guidelines. In addition, Development Plan future site development shall also comply with other criteria, guidelines, and policies adopted by the City related to the use and development of land. Prior to issuance of a grading permit, a Master Landscape Plan shall be submitted to the Director of Community Development, in conjunction with the Master Site /Development Plan for the City Hall Complex property for review and approval. Landscaping shall Prior to Issuance of Grading MM 4.1 -3 complement the proposed site design and surrounding streetscape Plan Check Permit Planning Division and must also be consistent with the Lido Village Design Guidelines for the City Hall Complex property. All landscaping shall comply with the landscape plant palette prescribed in the Lido Village Design Guidelines. Prior to the issuance of the first building permit for development proposed within the City Hall Complex property, the project Applicant shall submit for approval a lighting plan that shall incorporate a `dark sky' lighting system and its components into the Project design. The lighting plan shall be approved by the City of Newport Beach Community Development Director. The lighting plan shall incorporate electrical plans and structural plans that detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, any public art displays, fountains, or landscape areas. Lighting within the development shall be directed and shielded so that light does not spill into adjacent development. Flood lamp shielding and /or sodium bulbs shall be used in developed MM 4.1-4 areas to reduce the amount of stray lighting into off -site. No skyward- Plan Check Prior to Issuance of First Planning Division casting lighting shall be used. Final lighting orientation and design Building Permit shall be in accordance with the "dark sky" lighting standards as defined by the Illuminating Engineering Society of North America IIESNA) and shall reduce the impacts of new light sources to the extent feasible as determined by the Community Development Director or his /her designated representative. Prior to final inspection or issuance of a. certificate of occupancy, where applicable, the City shall cause to be performed a photometric field survey to verify the proper construction and installation of materials within the approved plan; determine the actual light patterns and values through light meter testing and observation; and determine the extent of any errant lighting. Deviations and /or violations shall be corrected prior to the final occupancy of future development. Agriculture and Forest Resources No significant impacts will occur and no mitigation measures are required. 25 !v (D O v SCIMM Method of Timing of No. Miti ation Measure Verification Implementation Responsibility Air Quality No significant impacts will occur and no mitigation measures are required. Biological Resources Prior to the approval of future development of the City Hall Complex property, the City shall develop a Tree Management Program that MM 4.4 -1 Would include the removal, relocation or preservation of all existing Plan Check Prior to Approval of Future planning Division trees or landscape materials. The removal or relocation of designated Site Development Special Trees shall be subject to Council Policy G -1 and Parks, Beaches, and Recreation Commission or City Council approval. Every effort should be taken to avoid significantly impacting the two Landmark Trees. Should future development of the site put the Landmark Trees in jeopardy, the trees should be transplanted to an acceptable location on -site provided there are located to minimize Prior to Issuance of Grading MM 4.4 -2 future damage to hardscape or underground utility systems. As an Plan Check/On -Site Permit/During Site Planning Division alternative, the trees can be relocated to an appropriate off -site Monitoring Preparation and Grading location. In the event that the trees do not remain on -site, the City should consider planting two replacement specimen trees of any variety on -site that would be eligible to be designated as Landmark Trees. The City should locate an existing Ficus beniamina tree in a City park and dedicate the tree in the name of William Lawrence "Billy" Covert. Should an appropriate tree not be found, the City will attempt to Prior to Issuance of Building MM 4.4 -3 transplant the existing tree or plant a new tree of the same variety at Plan Check Permit Planning Division an appropriate location. The re- dedicated tree should have a permanent marker or plaque. Every effort should be made to involve the Covert family in this process. Because the Walter Knott Tree and the California Bicentennial Tree cannot be effectively transplanted, the City should locate an existing tree within a City park and dedicate it in the name of Walter and MM 4.4-4 Cordelia Knott. The City should also locate an existing tree in a plan Check Prior to Issuance of Building planning Division prominent location within a City park or at the new Civic Center and Permit dedicate it in honor of the State of California. The re- dedicated trees will have permanent markers and every effort should be made to involve the Knott family and the community in the process. Because the Freedom Tree also cannot be effectively transplanted, the City should locate an existing tree in a very prominent location MM 4.4 -5 within a City park or at the new Civic Center and dedicate it as The plan Check Prior to Issuance of Building planning Division Freedom Tree. An appropriate permanent marker or plaque will be Permit provided and the dedication should be accomplished with community and veterans groups' participation. All other trees or other landscaping should be incorporated on -site MM 4.4 -6 within new development to the extent practical. If existing trees or Plan Check Prior to Issuance of Grading Planning Division landscaping are not being utilized in new designs, the City should Permit salvage and transplant whatever it deems appropriate and then (I /J !v (D IV O -w v SC /MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility consider offering remaining salvageable landscaping to the public at auction provided the cost of landscape salvage is the responsibility of the successful bidders. Cultural Resources A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be available during the grading and landform alteration phase. In the event cultural resources and /or fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery shall be Proof of Qualified SC 4.5 -1 redirected or halted by the monitor until the find has been salvaged. Archaeological /Paleontlogical Prior to Issuance of Grading Planning Division Any artifacts and /or fossils discovered during project construction shall Monitor Permit be prepared to a point of identification and stabilized for long -term storage. Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. The City shall provide an opportunity for a Native American representative MM 4.5 -1 to monitor excavation activities. The representative shall be determined On -Site Monitoring During Site Preparation and Planning Division by the City based on input from concerned Native American tribes (i.e., Grading Gabrielino, Juaneho, and Ton vas ). Geology and Soils No significant impacts will occur and no mitigation measures are required. Greenhouse Gas Emissions No significant impacts will occur and no mitigation measures are required. Hazards and Hazardous Materials The City of Newport Beach will require all plans for proposed future SC 4.8 -1 development within the project area to comply with all applicable Plan Check Prior to Issuance of Grading Building Division Federal, State, and local regulations pertaining to the transport, Permit storage, use and /or disposal of hazardous materials on the site. Prior to issuance of a demolition permit, a sampling and analytical testing program shall be undertaken by a certified asbestos consultant (CAC) and certified LBP inspector (unless those materials are handled Prior to Issuance of SC 4.8 -2 as ACM and /or LBP). If ACM and /or LBP is detected, the materials Testing Demolition Permit Building Division shall be removed by a licensed asbestos or LBP contractor prior to any building demolition or renovation that would disturb the identified ACM or LBP. 2: !]1 N W O y� SC /MM Method of Timing of No. Miti ation Measure Verification Implementation Responsibility Hydrology and Water Quality Prior to issuance of a grading permit, the project applicant for future redevelopment/reuse of the City Hall Complex property shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future Prior to issuance of grading Building Division and SC 4.9 -1 projects under the General Construction Activity Storm Water Runoff Submit evidence of NOI filing permit Public Works Department Permit prior to initiation of construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. Prior to approval of redevelopment/reuse project on the City Hall Complex property by the City Council, the project applicant shall prepare a Preliminary Water Quality Management Plan (WQMP) for the project and submit the Final WQMP to the City of Newport Beach for approval with the project improvement plans. The WQMP shall specifically identify Best Management Practices (BMPs) that will be used to control predictable Prior to issuance of grading Building Division and SC 4.9 -2 pollutant runoff, including flow /volume -based measures to treat the "first Approval of WQMP permit Public Works Department flush" The WQMP shall identify at a minimum the routine structural and non - structural measures specified in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities, and shall reference the locations of structural BMPs. Prior to issuance of a grading permit for future redevelopmenUreuse of the City Hall Complex property, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will Submit SWPPP establish BMPs in order to reduce sedimentation and erosion and prevent Prior to issuance of grading Building Division and SC 4.9 -3 construction pollutants from leaving the site. The project shall also Approval of erosion and permit Public Works Department incorporate all monitoring elements as required in the General sediment control plan Construction Permit. The project applicant shall also develop an erosion and sediment control plan to be reviewed and approved by the City of Newport Beach prior to issuance of grading permit. Future site grading and construction shall comply with the drainage Submit evidence of During grading and Building Division and SC 4.9-4 controls imposed by the applicable building code requirements prescribed compliance and site construction activities Public Works Department by the City of Newport Beach. inspection Land Use and Planning No significant impacts will occur and no mitigation measures are required. Mineral Resources No significant impacts will occur and no mitigation measures are required. 22 N N n> Y Q y� SCIMM Method of Timing of No. Miti ation Measure Verification Implementation Responsibility Noise To ensure compliance with Newport Beach Municipal Code Section 10.28.040, grading and construction plans for future redevelopment/reuse of the City Hall Complex property shall include a note indicating that loud noise - generating Project construction Prior to Issuance of Grading SC 4.12 -1 activities (as defined in Section 10.28.040 of the Newport Beach Noise Plan Check Permit Public Works Department Ordinance) shall take place between the hours of 7:00 a.m. and 6:30 p.m. on weekdays and from 8:00 a.m. to 6:00 p.m. on Saturdays. Loud, noise - generating construction activities are prohibited on Sundays and federal holidays. HVAC units shall be designed and installed in accordance with Section SC 4.12 -2 10.26.045 of the Newport Beach Noise Ordinance, which specifies the Plan Check Prior to Issuance of Building Public Works Department maximum noise levels for new HVAC installations and associated Permit conditions. All residential and hotel units shall be designed to ensure that interior noise levels in habitable rooms from exterior transportation sources (including aircraft and vehicles on adjacent roadways) shall not exceed 45 dBA CNEL. This condition complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations) and, for multiple - family residences, exceeds the requirements of Section 10.26.025 of the Noise Ordinance. Prior to issuance of a building permit, the Developer /Applicant of future Prior to Issuance of Building SC 4.12 -3 redevelopment/reuse of the City Hall Complex property shall submit to Plan Check Permit Public Works Department the City of Newport Beach Community Development Department, Building Division Manager or his /her designee for review and approval architectural plans and an accompanying noise study that demonstrates that interior noise levels in the habitable rooms of residential and hotel units due to exterior transportation noise sources would be 45 dBA CNEL or less. Where closed windows are required to achieve the 45 dBA CNEL limit, Project plans and specifications shall include ventilation as required by the California Building Code. In accordance with City of Newport Beach standards, rubberized asphalt, or pavements offering equivalent or better acoustical Prior to Issuance of Building SC 4.12 -4 properties shall be used to pave all public arterials on the Project site Plan Check Permit Public Works Department and all off -site City of Newport Beach roads where improvements would be provided or required as a part of the Project. Prior to issuance of future demolition or permits, the Director of the City of Newport Beach Community Development Department, or designee, shall verify that the following notes appear on demolition, grading and construction plans: Prior to Issuance of MM 4.12 -1 Plan Check Demolition Permit Planning Division 1. During all project site demolition, excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. �9 !]1 0) U1 O -w v SCIMM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility 2. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise - sensitive receptors nearest the project site during all project construction. Population and Housing No significant impacts will occur and no mitigation measures are required. Fire Protection Future redevelopment/reuse proposed for the City Hall Complex shall SC 4.14 -1 be designed in accordance with all applicable design parameters of Plan Check Prior to Issuance of Building Fire Department the California Fire Code, California Building Code and local City Permit amendments. Prior to City approval of redevelopment/reuse plans for the City Hall Complex, the Applicant shall obtain Fire Department review and Prior to Approval of MM4.14 -1 approval of the site plan in order to ensure adequate access is provide Plan Check RedevelopmenUReuse Plan Fire Department to the Project site and that the site plan has been designed to accommodate emergency vehicles. Police Protection Prior to issuance of building permit for future development of the City Hall Complex, the City of Newport Beach Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. Public safety planning SC 4.14 -2 recommendations shall be incorporated into the Project plans as Plan Check Prior to Issuance of Building Police Department determined necessary. The Applicant shall prepare a list of Project Permit features and design components that demonstrate responsiveness to defensible space design concepts. The Police Department shall review and approve all defensible space design features incorporated into the Project prior to initiating the building Ian check process. Prior to the issuance of the demolition permit and /or action that would permit Project site disturbance, the Applicant shall provide evidence to Prior to Issuance of the City of Newport Beach Police Department that a construction Demolition Permit and /or SC 4.14 -3 security service or equivalent service shall be established at the Agreement Action that would permit Site Police Department construction site along with other measures, as identified by the Police Disturbance Department and the Public Works Department, to be instituted during the grading and construction phase of the project. so ED N Q y, SCIMM No. Miti ation Measure Method of Verification Timing of Implementation Responsibility Schools SC 4.14 -4 Prior to building permit issuance for future redevelopmentlreuse of the City Hall Complex property, the applicant for such development shall pay the applicable statutory developer fees for residential and non - residential land uses in effect at the time of the building ermit. Payment of Fees Prior to Issuance of Building Permit Planning Division Recreation No significant impacts will occur and no mitigation measures are required. Transportation/Traffic No significant impacts will occur and no mitigation measures are required. Utilities and Service Systems No significant impacts will occur and no mitigation measures are required. !v N v O -w v 31 Intentionally Blank S2 Attachment B Draft resolution approving General Plan Amendment No. GP2012 -002 33 Intentionally Blank S4 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2012 -002 FOR THE CITY HALL REUSE PROJECT AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) SECTION 1. STATEMENT OF FACTS. 1. On April 24, 2012, the City Council of Newport Beach authorized the initiation of amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, commonly known as the City Hall Site and legally described in Exhibit A. The amendments for the City Hall Reuse Project are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held before the Planning Commission on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). A draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1905 recommending adoption of the environmental documents. The Planning Commission also adopted Resolution No. 1906 recommending approval of the City Hall Reuse Amendments. 3. A public hearing was held before the City Council on March 26, 2013, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with 35 Resolution No. Page 2 of 7 CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the City Council at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. An Initial Study /Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The City Council approved the MND the facts and findings are provided in Resolution No. incorporated herein by reference. SECTION 3. FINDINGS 1. The site is located in proximity to commercial services, recreational uses, and transit opportunities. The proposed General Plan Amendment provides for variety of land uses for the site that will allow the City to consider alternative uses to promote revitalization of the Lido Village area while ensuring neighborhood compatibility. 2. Pursuant to Charter Section 423, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. The amendment would result in a 99 units being added to the Statistical Area and when this is added to 80% of the increase in units of the three prior amendments, the total does not exceed 100 units. The amendment would result in a maximum net increase of 23,725 square feet and when this is added to 80% of the increase in floor area of the three prior amendments (16,275 square feet), the total does not exceed 40,000 square feet. The amendment is projected to decrease AM and PM traffic trips. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required for the proposed amendment. 3. The proposed amendments do not conflict with policies of the Coastal Land Use Plan and Coastal Act. Specifically, the project is consistent with Section 30213 and 30222 providing opportunities for visitors and recreational facilities by accommodating future development of the site with a hotel and through the reservation of at least 20% of the site for public open space planned to be developed with urban public plazas and promenades allowing public access and low -cost recreational activities. The intended purpose of the public plazas and promenades is to facilitate public access connecting various nearby visitor - serving commercial areas with the beach and bay as described in the Lido Village Design Guidelines in furtherance of Chapter 3 of the Coastal Act that seeks to enhance public access within the coastal zone. so Resolution No. Page 3 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2012 -002 as provided in Exhibit B. 2. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2013, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Keith D. Curry, Mayor ATTEST: Leilani I. Brown, MMC, City Clerk 37 Resolution No. Page 4 of 7 EXHIBIT A City Hall Reuse Project Amendments GP2012 -002, LC2012 -001, and CA2012 -003 (PA2012 -031) 3300 Newport Boulevard & 475 32 "d Street LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL1: THAT PORTION OF LOTS 3,6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS M Resolution No. Page 5 of 7 SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. 39 City Hall Reuse Project Amendments GP2012 -002 (PA2012 -031) 3300 Newport Boulevard & 475 32nd Street Resolution No. Page 6 of 7 A. Amend Table LU1 of the Land Use Element of the General Plan to add the following land use category: "Mixed Use Horizontal 5 (MU -H5) The MU -H5 designation applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The MU -H5 designation provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and /or civic uses. Civic uses may include, but are not limited to, a community center, public plazas, a fire station and /or public parking." B. Amend Table LU -2 to add Anomaly Location #80 as shown in the following table: All existing provisions within Table LU -2 remain unchanged iE Table LIJ2 Anomaly Locations Anomaly Statistical Land Use Develooment Limits Development Limit Additional information Number Area Designation [other) Accessory commercial Any combination of floor area is allowed in 99 dwelling units and dwelling units and conjunction with a hotel 15,000 sf commercial hotel rooms and it is included within 80 35 MU -H5 Or provided it does not exceed 99 dwelling the hotel development limit. Municipal facilities 98,725 sf of hotel units or 98,725 sf of are not restricted or hotel use. included in any development limit. All existing provisions within Table LU -2 remain unchanged iE Resolution No. Page 7 of 7 C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: - -� - -__. J53 507 -512 3421 - 510 0 \ Jp _S08 -_`S J � � RT -D ~3405 _ 502 Soo � 4101/2 b(41 �4061v2 3345 — !06 112 3341 3337 -404 3333 402 3325 _ ` 3315 400 112 400 3305 CC -A - N A K -t $s C 0 0 M 0 a �J 3� VIA MALAGA Z 32NO ST m u_, S 'a 0 3116 m dI x=41 I m o Y b s 3112 MU H 3110 ° cv I - y1 y1 -A r ♦I JI I NI YI UI O O All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #80 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Half' shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall" on any General Plan map or diagram is also authorized. 41 Intentionally Blank 42 Attachment C Draft resolution approving Coastal Land Use Plan Amendment No. LC2012 -001 43 Intentionally Blank Ca' RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001 FOR THE CITY HALL REUSE PROJECT AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) SECTION 1. STATEMENT OF FACTS. 1. On April 24, 2012, the City Council of Newport Beach authorized the initiation of amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, commonly known as the City Hall Site and legally described in Exhibit A. The amendments for the City Hall Reuse Project are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held before the Planning Commission on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). A draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1905 recommending adoption of the environmental documents. The Planning Commission also adopted Resolution No. 1906 recommending approval of the City Hall Reuse Amendments. 3. A public hearing was held before the City Council on March 26, 2013, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of 21 Resolution No. Page 2 of 8 the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the City Council at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. SECTION 3. An Initial Study /Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The City Council approved the MIND the facts and findings are provided in Resolution No. incorporated herein by reference. FINDINGS 1. The site is located in proximity to commercial services, recreational uses, and transit opportunities. The proposed General Plan Amendment provides for variety of land uses for the site that will allow the City to consider alternative uses alternative uses to promote revitalization of the Lido Village area while ensuring neighborhood compatibility. 2. The proposed amendments do not conflict with policies of the Coastal Land Use Plan and Coastal Act. Specifically, the project is consistent with Section 30213 and 30222 providing opportunities for visitors and recreational facilities by accommodating future development of the site with a hotel and through the reservation of at least 20% of the site for public open space planned to be developed with urban public plazas and promenades allowing public access and low -cost recreational activities. The intended purpose of the public plazas and promenades is to facilitate public access connecting various nearby visitor - serving commercial areas with the beach and bay as described in the Lido Village Design Guidelines in furtherance of Chapter 3 of the Coastal Act that seeks to enhance public access within the coastal zone. 3. Coastal Land Use Plan Amendment No. LC2012 -001 provides protection of important coastal views and future development consistent with the proposed amendments would not significantly impact protected coastal views due to the location of the site. Future development consistent with the proposed amendments will result in taller buildings that would not be incompatible with the area due to the presence of several other tall developments in the area namely a 5 -story building located at 3388 Via Lido, a 3 -story building located at 3366 Via Lido, several 3 -story buildings located in Lido Marina Village, and two multi -story high rise residential towers located nearby at 601 and 611 Lafayette Avenue. 4. Coastal Land Use Plan Amendment No. LC2012 -001 is necessary to maintain consistency with General Plan Amendment No. GP2012 -002. Resolution No. Page 3 of 8 5. The Local Coastal Program and its amendments including Coastal Land Use Plan Amendment No. LC2012 -001 shall be carried out fully in conformity with the Coastal Act and the City's Certified Coastal Land Use Plan. 6. City of Newport Beach approval of Local Coastal Land Use Plan Amendments (Amendment) shall become effective immediately upon the effective date of the California Coastal Commission (CCC) certification of the Amendment provided it is approved without suggested modifications. Should the CCC approve the Amendment with suggested modifications, City approval of the modified Amendment shall require a separate action by the City Council following Coastal Commission approval. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Coastal Land Use Plan Amendment No. LC2012 -001 as provided in Exhibit B. 2. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the day of 2013, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Keith D. Curry, Mayor ATTEST: Leilani I. Brown, MMC, City Clerk 47 Resolution No. Page 4 of 8 EXHIBIT A City Hall Reuse Project Amendments GP2012 -002, LC2012 -001, and CA2012 -003 (PA2012 -031) 3300 Newport Boulevard & 475 32 "d Street LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL1: THAT PORTION OF LOTS 3,6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS ■ Resolution No. Page 5 of 8 SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. City Hall Reuse Project Amendments LC2012 -001 (PA2012 -031) 3300 Newport Boulevard & 475 32nd Street Resolution No. Page 6 of 8 A. Amend the Table 2.1.1 -1 of the Coastal Land Use Plan add the following land use category: Table 2.1.1-1 Land Use Plan Categories Land Use Category Uses Density /Intensity 99 dwelling units and 15,000 sf commercial The Alu cateQOry is intended to Or provide for the development a mix of uses, which may include ey neral, 98,725 sf of hotel Mixed Use — MU neighborhood or visitor - serving or commercial, commercial offices, Any combination of dwelling units visitor accommodations, multi- and hotel rooms provided it does not family residential, mixed -use exceed 99 dwelling units or 98,725 sf development, and /or civic uses. of hotel use. Municipal facilities are not restricted or included in any development limit. All existing provisions within Table 2.1.1 -1 remain unchanged. SD Resolution No. Page 7 of 8 B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5 -1, as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: � � 353 7 3021 ` ST O 0 \ \JD -508` X0/5 J' RT -D �34O5 C 1� 502 Soo ^ y 3116 Ga 112 33+5 b? in 33.1 _ 3337 1 -404_ 3333 402 3325 - - 33is 400 112 3 400 3305 CC -A .94 � o c RT -E E `bo CN U O d 0 a JJ VIA NIAUIGA All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Hall" shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. 51 ;2ND 5i Ns N IPJ y 3116 GGG11 i � �+� motia G 3112 I I_ MU -H I I : 3 m 3110 1 a CV -A � r �' ' N• o ul O O O� I Jf ul N 'I ul y u u � I 7F R All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Hall" shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. 51 Resolution No. Page 8 of 8 C. Amend Policy 4.4.2 -1 as follows with deleted language in °'F°�;n and new language underlined: 4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4 -3, except for the following sitesites. A. Marina Park located at 1600 West Balboa Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but could house screened communications or emergency equipment. The additional height would create an iconic landmark for the public to identify the site from land and water and a visual focal point to enhance public views from surrounding vantages. B. Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall Complex): Buildings and structures up to 55 feet in height, provided it is demonstrated that development does not negatively impact public views. Peaks of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet. The purpose of allowing buildings, structures and architectural elements to exceed 35 feet is to promote vertical clustering resulting in increased Publically accessible on -site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. ' Note that the policy language related to Marina Park has been adopted by the City Council but has not been approved by the California Coastal Commission as of the date of this exhibit. 152 Attachment D Draft ordinance adopting Zoning Code Amendment No. CA2012 -003 53 Intentionally Blank 54 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2012 -003 FOR THE CITY HALL REUSE PROJECT AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: :101 Eel ►`IIII&Ir_1ra8 1a►lrQ01 -AT 16 -1 1. On April 24, 2012, the City Council of Newport Beach authorized the initiation of amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, commonly known as the City Hall Site and legally described in Exhibit A. The amendments for the City Hall Reuse Project are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held before the Planning Commission on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). A draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1905 recommending adoption of the environmental documents. The Planning Commission also adopted Resolution No. 1906 recommending approval of the City Hall Reuse Amendments. 55 Ordinance No. Page 2 of 12 3. A public hearing was held before the City Council on March 26, 2013, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the City Council at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. An Initial Study /Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The City Council approved the MND the facts and findings are provided in Resolution No. incorporated herein by reference. SECTION 3. FINDINGS 1. The site is located in proximity to commercial services, recreational uses, and transit opportunities. The proposed General Plan Amendment provides for variety of land uses for the site that will allow the City to consider alternative uses to promote revitalization of the Lido Village area while ensuring neighborhood compatibility. 2. Zoning Code Amendment No. CA2012 -003 is intended to implement with General Plan Amendment No. GP2012 -002 consistent with the amendment. In the case of any perceived or real conflict, GP2012 -002 shall prevail. 3. Zoning Code Amendment No. CA2012 -003 provides appropriate use and development standards while ensuring compatibility of future development proposals through a future public hearing process. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Amend Section 20.14.020 (Zoning Districts Established) to establish the "MU- LV" within Table 1 -1 as follows: Mixed -Use Zoning Districts MU-V Mixed -Use Vertical MU -V Mixed -Use Vertical MU -MM MU -DW Mixed -Use MU -H Mixed -Use MU -CV /15th Street MU -LV M U -W 1 Mixed -Use Water MU -W Mixed -Use Water - Related MU -W2 S0 Ordinance No. Page 3 of 12 All existing provisions of Section 20.14.020 and Table 1 -1 remain unchanged. Section 2: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district of 3300 Newport Boulevard and 475 32nd Street as depicted in the following diagram and establish Anomaly #80 as provided in the following table: - J531 507 X511_ X3121 510 Jp -S08 ---2�5 s saJ c 506 1 501 3105 ` o _ 502 � 500 '"' avF 'S 470 1/2 2 �C$ 108_112_' 3315 106 1/2 3317 3337 -1011 3333 102 3325 400 112— 3315 100 3305 CC 0.5 FAR I j? s o n R -2 S a 0 p a A k < CN 0.3 FAR i m r i 3300 . p + 3116 3112 + I CV�R SI MU -LV :1 475 i i G �J VIA MALAGA � I N MU- CV115TH ST i u N .NGSi Y i VI �I � rl I I ri tF R VIA MALAGA � I N MU- CV115TH ST i u N Ordinance No. Page 4 of 12 Anomaly Development Limit s Development Limit [Other) Additional Information Number 99 dwelling units and Any combination of Accessory commercial floor area is allowed in 15,000 sf commercial dwelling units and hotel conjunction with a hotel and it is included 80 or rooms provided it does not exceed 99 dwelling units or within the hotel development limit. Municipal facilities are not restricted or 98,725 sf of hotel 98,725 sf of hotel use. included in any development limit. All related zoning maps or diagrams shall be amended to maintain consistency with the new zoning district as shown above. Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall" shall be removed from the Zoning Map upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall" on any Zoning Map or diagram is also authorized. Section 3: Amend Section 20.22.010 (Purposes of Mixed -Use Zoning Districts) to add the following subsection: "G. The MU -LV (Mixed- Use -Lido Village) zoning district. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The MU -LV designation provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and /or civic uses. Civic uses may include a community center, public plazas, fire station and /or public parking." All existing provisions of Section 20.20.010 remain unchanged. Section 4: Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) to add allowed uses and permit requirements for the MU -LV zoning district within Table 2 -9 as highlighted in Exhibit B. All existing provisions of Section 20.20.020 remain unchanged. Section 5: Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the MU -LV zoning district within Table 2 -11 as highlighted in Exhibit C. All existing provisions of Section 20.20.030 remain unchanged. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: This action shall become final and effective thirty days after the adoption of this Ordinance. ON Ordinance No. Page 5 of 12 Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of 2013, and adopted on the day of , 2013, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS. MAYOR Keith D. Curry Leilani I. Brown, MMC, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron Harp, City Attorney 59 Ordinance No. Page 6 of 12 EXHIBIT A City Hall Reuse Project Amendments GP2012 -002, LC2012 -001, and CA2012 -003 (PA2012 -031) 3300 Newport Boulevard & 475 32 "d Street LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL1: THAT PORTION OF LOTS 3,6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS MO Ordinance No. Page 7 of 12 SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 891530" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. 01 Ordinance No. Page 8 of 12 Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) to add allowed uses and permit requirements for the new MU -LV zoning district within Table 2 -9 highlighted as follows: TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed ` Land Use MU-Wt (5)(6) MU -W2 fill Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, Warehousing Uses Handicraft Industry P P P Industry, Manne- Related P P — Research and Deselopmenl P P — Recreation, Education, and Public Assembly Uses Assembly /Meeting Facilities Surall-5.000 sg. It or less (religious assembly may be larger than 5,000 sq ft. CUP CUP MUP Commercial Recreation and Entertainment CUP CUP P Cultural Institutions P P — Parks and Recreational Facilities CUP CUP P Schools, Public and Private CUP CUP — Residential Uses Single -Unit Dwellings Located on tat floor Located above 1st floor P (1) P (2) — Section 20 48 -130 Multi -Unit Dwellings Located on tat floor P Located above list floor P (1) P (2) P Section 20.48.130 Two -Unit Dwellings Located on 1st floor Located above 1st floor P (1) P (2) — Home Occupations P P (2) P Section 20.48.110 Care Uses Adult Day Care Small (6 or fewer) P P P Child Day Care Small (8 or fewer) P P P Section 20.48.070 Day Care, General — MUP — Section 20.48.070 02 Ordinance No. Page 9 of 12 TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed` Land Use MU-W1 (5)(6) MU -W2 MU -LV Specific Use Regulations See Part 7 of thistitle for land use definitions. See Chapter 20.12 for unlisted uses. Retail Trade Uses Alcohol Sales (off -sale) MUP MUP MUP Section 20.48.030 Alcohol Sales (off - sale), Accessory Only P P P Marine Rentals and Sales Boat Rentals and Sales P P P Marine Retail Sales P P P Retail Sales P P P Visitor - Serving Retail P P P Service Uses — Business, Financial, Medical, and Professional ATMs P P P Emergency Health Facilities /Urgent Care — P — Financial Institutions and Related Services (above 1st floor only) P P P Financial Institutions and Related Services (1st Floor) P Offices—Business P P P Offices — Medical and Dental (above 1st floor only) — P — Offices— Profession P P — Service Uses —General Animal Retail Sales MUP MUP — Section 20.48.050 Artists' Studios P P P Eating and Drinking Establishments Accessory Food Service (open to public) P P P Section 20.48.090 Fast Food (no late hours) (3)(4) P /MUP P /MUP P /MUP Section 20.48.090 Fast Food (with late hours) (3) MUP MUP MUP Section 20.48.090 Food Service (no alcohol, no late hours) (3)(4) P /MUP P /MUP P /MUP Section 20.48.090 Food Service (no late hours) (3) MUP MUP MUP Section 20.48.090 Food Service (with late hours) (3) CUP CUP CUP Section 20.48.090 Take -Out Service Limited (3) (4) P /MUP P /MUP P /MUP Section 20.48.090 Health /Fitness Facilities Small -2,000 sq. fl. or less P P P Maintenance and Repair Services P P P Marine Services Boat Storage CUP CUP — Boat Yards CUP CUP — Entertainment and Excursion Services P P — Marine Service Stations CUP CUP — WaterTransportationServices P P — Personal Services Massage Establishments MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP MUP Section 20.48.120 Nail Salons P P P Personal Services, General P P P Personal Services, Restricted MUP MUP — Smoking Lounges (o3 Ordinance No. Page 10 of 12 TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed` Land Use MU -W1 (5)(6) MU -W2 MU -LV Specific Use Regulations See Part 7 of thistitle for land use definitions. See Chapter 20.12 for unlisted uses. Visitor Accommodations Hotels, Motels, Bed and Breakfast Inns, and Time Shares CUP CUP CUP Transportation, Communications, and Infrastructure Parking Facilities MUP MUP MUP Communication Facilities P P P Heliports and Helistops (7) CUP CUP — Madras Title 17 Marina Support Facilities MUP MUP — Utilities, Minor P P P Utilities, Major CUP CUP CUP Wireless Telecommunication Facilities Chapter 15.70 Other Uses Accessory Structures and Uses MUP MUP MUP Outdoor Storage and Display MUP MUP MUP Section 20.48.140 Personal Property Sales P P P Section 20.48.150 Spacial Events Chapter 11.03 Temporary Uses LTP LTP I LTP Section 20.52.040 Uses Not Listed. Land uses that are net listed in the table above, or are net shown in a particular mining district, are not allowed, except as otherwise promded by Section 20.12.020 (Rules of Interpretation). (1) May only be located on lots with a minimum of two hundred (200) lineal feet of frontage on Coast Highway. Refer to Section 20 .48.130(Mxed-Use Projects) for additional development standards. (2) May only be located above a commercial use and not parking use. Refer to Section 20.48.130 (Mxed -Use Projects) for additional development standards. (3) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day fthe week. (4) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential Wring district. b. A minor use permit shall be required for any use that maintains late hours. (5) Approval ofa minor site de�elopmentrewlew, in compliance with Section 20.52. 080, shall be required priorto anydevalopmentto ensure thatthe uses are fully integrated and that potential impacts from theirdiffering activities are fully mitigated. (6) Aminimum offfty (50)percent of the square footage of a mixed -use development shall be used for nonresidential uses. (7) Applicants for City approval ofa heliport or helistop shall provide evidence Mat Me proposed heliport or helistop complies fullywith State of California permit procedures and with anyand all conditions ofappri imposed bythe Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and bythe Caltrsns Division of Aeronautics. � r Ordinance No. Page 11 of 12 EXHIBIT C Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the new MU -LV zoning district within Table 2 -11 highlighted as follows: TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Development Feature MU -W1 (3) 1 MU -W2 MU {V Additional Requirements Lot Dimensions (1)(2) Minimum dimensions required for each newly created lot. Lot Area Mixed -use structures 20,000 sq. ft. 2,500 sq. ft. 20,000 sq. ft. Non - mixed -use structures 10,000 sq. ft. 2,500 sq. ft. 10,000 sq. ft. Lot Width Mixed -use structures 200 ft. 25 ft. 200 ft. Non - mixed -use structures 50 ft. 25 ft. 50 ft. Density (4) Minimum /maximum allowable density range for residential uses. Lot area required per unit Minimum: 7,260 sq. ft. per unit Minimum: 1,631 Maximum: 2,167 N/A Floor Area Ratio (FAR) (5) N/A Mixed -use development Min. 0.35 and Max. 0.5 for Min. 0.35 and Max. 0.5 for 99 dwelling units and 15,000 sf nonresidential uses. nonresidential. commercial (6) Max. 0.5 for residential uses. (3) Max. 0.75 for residential uses. Max. 1.0 for mixed -use projects Lida Manna Village Min. 0.35 Max. 0.7 for nonresidential and 0.8 residential. Nonresidential only 0.5 commercial only (3) 0.5 commercial only 198,725 sf of hotel (6) Setbacks The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 Newport Boulevard: 0 ft. for below grade structures 20 ft. for structures up to 26 feet in height 35 ft. for structures over 26 feet in height Side o 0 32nd Street: 0 ft. for below grade structures 0 ft. for structures up to 26 feet in height 10 ft. tar structures over 26 feet in height Interior: 0 ft. for below grade structures 5 ft for above grade structures Side adjoining a residential 5 ft. 5 ft. 5 ft. district Rear 0 0 5 ft. Rear residential portion of N/A 5 ft. 511t. mixed use Rear nonresidential adjoining a N/A 5 ft. 5 ft. residential t. Rear atljoinidislncng as alley N/A 10 ft. 10 R. Bulkhead setback 1 10 ft. 1 10 ft. 1 10 ft. 0 5 Ordinance No. Page 12 of 12 TABLE 2.11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Open Space N/A I N/A 1 20% of property Common open space Minimum 75 square feet dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) Private open space 5% of the gross floor area for each dwelling unit. (The minimum dimension (length and width) shall be 6 feet.) Minimum distance between detached structures on same lot. Separation Distance 10 ft. 1 10 ft. 0 ft. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. 26 ft. with flat root, less than 3/12 roof pitch 31 ft. with sloped roof, 3/12 roof pitch or greater 55 ft. with flat roof, less than 3/12 roof pitch (7) 60 ft. with sloped roof, 3112 roof pitch or greater (7) Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage /Display See Section 20.46.140 (Outdoor Storage, Display, and Actwties). Parking See Chapter 20.40 (Off-Street Parking). Satellite Antennas See Section 20.46.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Novas: (1) At devalopment and the subdidslon of land shall coin ply with the requirements of Title 19 (Subdimsions). (2) The standards for minimum lot area and lot width are intended M regulate sites for development purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium) purposes. (3) Aminimum offifty(50) percent of the square footage in a mixed -use development shall be used for nonresidential uses. (4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or tidelands shall be included inland area of the site. (5) Portions of legal lots Mat are submerged lands or Tidelands shall be included in the net area of the lot for the purpose ofcalculating the allowable floor area of structures. (5) My combination ofdwelling units and hotel rooms prodded it does not exceed 99 dwelling units or 98,725 sf ofhotel use. Municipal facilities are not restricted by or included in anydevalopment limit. (7) Architectural features such as domes, lowers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet I Attachment E Planning Commission Resolution Nos. 1905 and 1906 07 Intentionally Blank 02 RESOLUTION NO. 1905 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION (SCH #2012111074) FOR THE CITY HALL REUSE PROJECT AMENDMENTS AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, legally described in Exhibit A. The amendments are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -115) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a. new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION 1. Pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), the CEQA Guidelines (14 Cal. Code of Regulations, 09 Planning Commission Resolution No. 1905 Page 2 of 15 Sections 15000 et seq.), and City Council Policy K -3, the proposed amendments ( "Project') are defined as a project and as such as subject to environmental review. 2. The City thereafter caused to be prepared an Initial Study /Mitigated Negative Declaration (SCH No. 2012111074) ( "MND ") in compliance with CEQA, the State CEQA Guidelines and City Council Policy K -3. 3. Notice of the availability of the draft MND was given in accordance with CEQA, the State CEQA Guidelines and City Council Policy K -3. The draft MND was made available for public review for a 30 -day comment period beginning on November 26, 2012, and ending December 26, 2012. The City received three comments letters during the public review period and the comments and responses to the comments were considered by the Planning Commission during its consideration of the proposed Project. 4. On the basis of the entire environmental review record, the proposed Project will have a less than significant impact upon the environment with the incorporation of mitigation measures identified in IS /MND and in the Mitigation Monitoring and Reporting Program (MMRP). The mitigation measures are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures would be applied to future development of the site consistent with the proposed amendments through the MMRP. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the City Hall Reuse Project Amendments (SCH #2012111074) attached as Exhibits B and C respectively. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY, 2013. AYES: Ameri, Brown, Hillgren, Myers, Toerge, Tucker NOES: ABSTAIN: ABSENT: Kramer 70 Planning Commission Resolution No. 1905 Page 3 of 15 Exhibit A LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3,6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOKS, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32 No STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST 71- Planning Commission Resolution No. 1905 Page 4 of 15 CORNER OF LOT 1 OF SAID BLOCK "A'; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. 72 Planning Commission Resolution No. 1905 Page 5 of 15 EXHIBIT B Initial Study /Mitigated Negative Declaration (Including Comments and Responses to Comments) City Hall Reuse Project Amendments (SCH #2012111074) Separate bound report 73 Planning Commission Resolution No. 1905 Page 6 of 15 EXHIBIT C Mitigation Monitoring and Reporting Program City Hall Reuse Project Amendments (SCH #2012111074) 74 MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT BEACH CITY HALL REUSE PROJECT AMENDMENTS 1 O E� V f 9f I FORzklC- Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 1 715 V O U MITIGATION MONITORING AND REPORTING PROGRAM In accordance with the California Environmental Quality Act (CEQA), the City of Newport Beach prepared a Mitigated Negative Declaration (MND) and Initial Study for the proposed Newport Beach City Hall Reuse Project located in the City of Newport Beach. The MND indicated that the potential adverse environmental impacts of the project, in terms of Aesthetics, Biological Resources, Cultural Resources, Noise, and Public Services (i.e., Fire Protection) could be mitigated to below levels of significance. The mitigation measures have been incorporated into the project and the MND is scheduled for adoption by the City of Newport Beach, in conjunction with the approval of the project. In addition to the mitigation measures, several standard conditions and /or project design features have also been incorporated into the proposed project that avoid or reduce potentially significant impacts. The standard conditions are also listed in the MMRP. Section 21081.6 of the Public Resources Cade (PRC) and CEQA Guidelines section 15097 require the Lead Agency for each project which is subject to the CEQA to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The PRC requires the Lead Agency to adopt a monitoring and reporting program that is designed to ensure compliance during project implementation. In accordance with PRC Section 21081.6 and CEQA Guidelines section 15097, this Mitigation Monitoring and Reporting Program (MMRP) has been developed for the Newport Beach City Hall Reuse project. MITIGATION MEASURES The mitigation measures which are required to reduce or avoid the potentially significant adverse impacts of future development on the project site are listed in Table 1, Mitigation Monitoring and Reporting Program. Responsible parties, the time frame for implementation, and the monitoring parties are also identified for each measure. In order to determine if the responsible party has implemented these measures, the method of verification is also identified, along with the City of Newport Beach department or agency responsible for monitoring /verifying that the responsible party has completed each mitigation measure. Table 1 Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Newport Beach, CA SC /MM No. Mitigation Measure Method of Verification Timing of Implementation Responsibility Aesthetics Future redevelopmentImuse of the City Hall Complex property shall reflect the architecture, landscape architecture, lighting and all applicable related guidelines established for the subject site by the Prior to Approval of Site M 4.1 -1 Lido Village Design Guidelines. Pnorto approval of a future project for Plan Check Development Plan Planning Division redevelopment/reuse of the City Hall Complex property, the applicant shall submit development plans that comply with the Lido Village Design Guidelines applicable to the City Hall Complex property, Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 2 70 co 0 SC/MM Method of Timing of No. Mitigation Measure Verification Implementation Responsibility Future uses and/or structures proposed for the City Hall Complex property shall comply with all applicable development standards of Section 5.1 (Implementation), the provisions of Part 3 (Site Planning MM 4.1 -2 and General Development Standards), and Part 4 ( Standards for Plan Check Prior to Approval of Site Planning Division Speck Land Uses) in the Lido Village Design Guidelines. In addition, Development Plan future site development shall also comply with other criteria, guidelines, and policies adopted by the City related to the use and development of land. Prior to issuance of a grading permit, a Master Landscape Plan shall be submitted to the Director of Community Development, in conjunction with the Master Site /Development Plan for the City Hall Complex property for review and approval. Landscaping shall Prior to Issuance of Grading MM 4.1 -3 complement the proposed site design and surrounding streetscape Plan Check Permit Planning Division and must also be consistent with the Lido Village Design Guidelines for the City Hall Complex property. All landscaping shall comply with the landscape plant palette prescribed in the Lido Village Design Guidelines. Prior to the issuance of the first building permit for development proposed within the City Hall Complex property, the project Applicant shall submit for approval a lighting plan that shall incorporate a "dark sky" lighting system and its components into the Project design. The lighting plan shall be approved by the City of Newport Beach Community Development Director. The lighting plan shall incorporate electrical plans and structural plans that detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, any public art displays, fountains, or landscape areas. Lighting within the development shall be directed and shielded so that light does not spill into adjacent developmen(. Flood lamp shielding and /or sodium bulbs shall be used in developed MM 4.1 -4 areas to reduce the amount of stray lighting into off -site. No skyward- Plan Check Prior to Issuance of First Planning Division casting lighting shall be used. Final lighting orientation and design Building Permit shall be in accordance with the "dark sky" lighting standards as defined by the Illuminating Engineering Society of North America IIESNA) and shall reduce the impacts of new light sources to the extent feasible as determined by the Community Development Director or his /her designated representative. Prior to final inspection or issuance of a certificate of occupancy, where applicable, the City shall cause to be performed a photometric field survey to verify the proper construction and installation of materials within the approved plan; determine the actual light patterns and values through light meter testing and observation; and determine the extent of any errant lighting. Deviations and /or violations shall be corrected prior to the final occupancy of future development. Agriculture and Forest Resources No significant impacts will occur and no mitigation measures are required. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 3 77 m 0 cn SC /MM Method of Timing of No. Mitt ation Measure Verification Implementation Res onsibili[ Air Quality No significant impacts will occur and no mitigation measures are required. Biological Resources Prior to the approval of future development of the City Hall Complex property, the City shall develop a Tree Management Program that MM 4.4 -1 would include the removal, relocation or preservation of all existing Plan Check Prior to Approval of Future Planning Division trees or landscape materials. The removal or relocation of designated Site Development Special Trees shall be subject to Council Policy G -1 and Parks, Beaches, and Recreation Commission or City Council approval. Every effort should be taken to avoid significantly impacting the two Landmark Trees. Should future development of the site put the Landmark Trees in jeopardy, the trees should be transplanted to an acceptable location on -site provided there are located to minimize Prior to Issuance of Grading MM 4.4 -2 future damage to hardscape or underground utility systems. As an Plan Check/On -Site Permit /During Site Planning Division alternative, the trees can be relocated to an appropriate off -site Monitoring Preppaaration n and Grading location. In the event that. the trees do not remain on -site, the City should consider planting two replacement specimen trees of any variety on -site that would be eligible to be designated as Landmark Trees. The City should locate an existing Ficus beniamina tree in a City park and dedicate the tree in the name of William Lawrence "Billy" Covert. Should an appropriate tree not be found, the City will attempt. to Prior to Issuance of Building MM 4.4 -3 transplant the existing tree or plant a new tree of the. same variety at Plan Check Permit Planning Division an appropriate location. The re- dedicated tree should have a permanent marker or plaque. Every effort should be made to involve the Covert family in this process. Because the Walter Knott Tree and the California Bicentennial Tree cannot be effectively transplanted, the City should locate an existing tree within a City park and dedicate it in the name of Walter and MM 4.4 -4 Cordelia Knott. The City should also locate an existing tree in a Plan Check Prior to Issuance of Building Planning Division prominent location within a City park or at the new Civic Center and Permit dedicate it in honor of the State of California. The re- dedicated trees will have permanent markers and every effort should be made to involve the Knott family and the community in the process. Because the Freedom Tree also cannot be effectively transplanted, the City should locate an existing tree in a very prominent location MM 4.4 -5 within a City park or at the new Civic Center and dedicate it as The Plan Check Prior to Issuance of Building Planning Division Freedom Tree. An appropriate permanent marker or plaque will be Permit provided and the dedication should be accomplished with community and veterans groups' participation. All other trees or other landscaping should be incorporated on -site MM 4.4 -6 within new development to the extent practical. If existing trees or Plan Check Prior to Issuance of Grading Planning Division landscaping are not being utilized in new designs, the City should Permit salvage and transplant whatever it deems appropriate and then Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 4 72 0 o_ cn SC /MM Method of Timing of No. Mitt ation Measure Verification Implementation Res onsibilit consider offering remaining salvageable landscaping to the public at auction provided the cost of landscape salvage is the responsibility of the successful bidders. Cultural Resources A qualified archaeological /paleontological monitor shall be retained by the project applicant who will be available during the grading and landform alteration phase. In the event cultural resources and /or fossils are encountered during construction activities, ground - disturbing excavations in the vicinity of the discovery shall be Proof of Qualified SC 4.5 -1 redirected or halted by the monitor until the find has been salvaged. Archaeological /Paleontlogical Prior to Issuance of Grading Planning Division Any artifacts and /or fossils discovered during project construction shall Monitor Permit be prepared to a point of identification and stabilized for long -term storage, Any discovery, along with supporting documentation and an itemized catalogue, shall be accessioned into the collections of a suitable repository. Curation costs to accession any collections shall be the responsibility of the project applicant. The City shall provide an opportunity for a Native American representative MM 4.5 -1 to monitor excavation activities. The representative shall be determined On -Site Monitoring During Site Preparation and Planning Division by the City .based on input from concerned Native American tribes (i.e., Grading Gabrielino, Juaneno, and Ton vas . Geology and Soils No significant impacts will occur and no mitigation measures are required. Greenhouse Gas Emissions No significant impacts will occur and no mitigation measures are required. Hazards and Hazardous Materials The City of Newport Beach will require all plans for proposed future SC 4.8 -1 development within the project area to comply with all applicable Plan Check Prior to Issuance of Grading Building Division Federal, State, and local regulations pertaining to the transport, Permit storage, use and /or disposal of hazardous materials on the site. Prior to issuance of a demolition permit, a sampling and analytical testing program shall be undertaken by a certified asbestos consultant (CAC) and certified LBP inspector (unless those materials are handled Prior to Issuance of SC 4.8 -2 as ACM and/or LBP). If ACM and/or LBP is detected, the materials Testing Demolition Permit Building Division shall be removed by a licensed asbestos or LBP contractor prior to any building demolition or renovation that would disturb the identified ACM or LBP. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 5 SC /MM Method of Timing of No. Mitt ation Measure Verification Implementation Res onsibilit Hydrology and Water Quality Prior to issuance of a grading permit, the project applicant for future redevelopment/reuse of the City Hall Complex property shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future Prior to issuance of grading Building Division and SC 4.9 -1 projects under the General Construction Activity Storm Water Runoff Submit evidence of NOI filing permit Public Works Department Permit prior to initiation of construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. Prior to approval of redevelopment/reuse project on the City Hall Complex property by the City Council, the project applicant shall prepare a Preliminary Water Quality Management Plan (WQMP) for the project and submit the Final WQMP to the City of Newport Beach for approval with the project improvement plans. The WQMP shall specifically identify Best Management Practices (BMPs) that will be used to control predictable 'first Prior to issuance of grading Building Division and SC 4.9 -2 pollutant runoff, including flow /volume -based measures to treat the Approval of WQMP permit Public Works Department flush." The WQMP shall identify at a minimum the routine structural and non - structural measures specified in the Countywde NPDES Drainage Area Master Plan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long -term maintenance responsibilities, and shall reference the locations of structural BMPs. Prior to issuance of a grading permit for future redevelopment/reuse of the City Hall Complex property, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will Submit SWPPP establish BMPs in order to reduce sedimentation and erosion and prevent Prior to issuance of grading Building Division and SC 4.9 -3 construction pollutants from leaving the site. The project shall also Approval of erosion and permit Public Works Department incorporate all monitoring elements as required in the General sediment control plan Construction Permit. The project applicant shall also develop an erasion and sediment control plan to be reviewed and approved by the City of Newport Beach prior to issuance of grading permit. Future site gratling and construction shall comply with the drainage Submit evidence of During grading and Building Division and SC 4.9 -4 controls imposed by the applicable building code requirements prescribed compliance and site construction activities Public Works Department b the City ofNe ort Beach. inspection Land Use and Planning No significant impacts will occur and no mitigation measures are required. Mineral Resources No significant impacts will occur and no mitigation measures are required. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 6 r, SC /MM Method of Timing of No. Miti ation Measure Verification Inn lementation Res onsibilit Noise To ensure compliance with Newport Beach Municipal Code Section 10.28.040, grading and construction plans for future redevelopment/reuse of the City Hall Complex property shall include a note indicating that loud noise - generating Project construction Prior to Issuance of Grading SC 4.12 -1 activities (as defined in Section 10.28.040 of the Newport Beach Noise Plan Check Permit Public Works Department Ordinance) shall take place between the hours of 7:00 a.m. and 6:30 p.m. on weekdays and from 8:00 a.m. to 6:00 p.m. on Saturdays. Loud, noise - generating construction activities are prohibited on Sundays and federal holidays. HVAC units shall be designed and installed in accordance with Section SC 4.12 -2 10.26.045 of the Newport Beach Noise Ordinance, which specifies the Plan Check Prior to Issuance of Building Public Works Department maximum noise levels for new HVAC installations and associated Permit conditions. All residential and hotel units shall be designed to ensure that interior noise levels in habitable rooms from exterior transportation sources (including aircraft and vehicles on adjacent roadways) shall not exceed 45 dBA CNEL. This condition complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations) and, for multiple - family residences, exceeds the requirements of Section 10.26.025 of the Noise Ordinance. Prior to issuance of a building permit, the Developer /Applicant of future Prior to Issuance of Building SC 4.12 -3 redevelopment/reuse of the City Hall Complex property shall submit to Plan Check Permit Public Works Department the City of Newport Beach Community Development Department, Building Division Manager or his /her designee for review and approval architectural plans and an accompanying noise study that demonstrates (hat interior noise levels in the habitable rooms of residential and hotel units due to exterior transportation noise sources would be 45 dBA CNEL or less. Where closed windows are required to achieve the 45 dBA CNEL limit, Project plans and specifications shall include ventilation as required by the California Building Code. In accordance with City of Newport Beach standards, rubberized asphalt, or pavements offering equivalent or better acoustical Prior to Issuance of Building SC 4.12 -4 properties shall be used to pave all public arterials on the Project site Plan Check Permit Public Works Department and all off -site City of Newport Beach roads where improvements would be provided or required as a part of the Project. Prior to issuance of future demolition or permits, the Director of the City of Newport Beach Community Development Department, or designee, shall verify that the following notes appear on demolition, grading and construction plans: Prior to Issuance of MM 4.12 -1 Plan Check Demolition Permit Planning Division 1. During all project site demolition, excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers'standards. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 7 21 iJ 0 N SC /MM Method of Timing of No. Mitt ation Measure Verification Implementation Responsibility 2. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise - sensitive receptors nearest the project site during all project construction. Population and Housing No significant impacts will occur and no mitigation measures are required. Fire Protection Future redevelopment/reuse proposed for the City Hall Complex shall SC 4,14-1 be designed in accordance with all applicable design parameters of Plan Check Prior to Issuance of Building Fire Department the California Fire Code, California Building Code and local City Permit amendments. Prior to City approval of redevelopment/reuse plans for the City Hall Complex, the Applicant shall obtain Fire Department review and Prior to Approval of MM4.14 -1 approval of the site plan in order to ensure adequate access is provide Plan Check Redevelopment /Reuse Plan Fire Department to the Project site and that the site plan has been designed to accommodate emergency vehicles. Police Protection Prior to issuance of building permit for future development of the City Hall, Complex, the City of Newport Beach Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. Public safety planning SC 4.14 -2 recommendations shall be incorporated into the Project plans as Plan Check Prior to Issuance of Building Police Department determined necessary. The Applicant shall prepare a list of Project Permit features and design components that demonstrate responsiveness to defensible space design concepts. The Police Department shall review and approve all defensible space design features incorporated into the Project prior to initiating the building Ian check. process. Prior to the issuance of the demolition permit and /or action that would permit Project . site disturbance, the Applicant shall provide evidence to Prior to Issuance of the City of Newport Beach Police Department that a construction Demolition Permit and/or SC 4,14 -3 security service or equivalent service shall be established at the Agreement Action that would permit Site Police Department construction site along with other measures, as identified by the Police Disturbance Department and the Public. Works Department, to be instituted during the grading and construction phase of the project. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 8 22 A O_ N SCIMM No. Miti ation Measure Method of Verification Timing of Implementation Res onsibilit Schools SC 4.14 -4 Prior to building permit issuance for future redevelopment/reuse of the City Hall Complex property, the applicant for such development shall pay the applicable statutory developer fees for residential and non - residential land uses in effect at the time of the building ermit. Payment of Fees Prior to Issuance of Building Permit Planning Division Recreation No significant impacts will occur and no mitigation measures are required. Tra ns p ortatio n/Traffi c No significant impacts will occur and no mitigation measures are re uired. Utilities and Service Systems No significant impacts will occur and no mitigation measures are required. Mitigation Monitoring and Reporting Program Newport Beach City Hall Reuse Project Amendments January 2013 Page 9 es RESOLUTION NO. 1906 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING CODE AMENDMENT NO. CA2012 -003 FOR THE CITY HALL REUSE PROJECT AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan; and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, legally described in Exhibit A. The amendments are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC"). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. 24 Planning Commission Resolution No. 1906 Page 2 of 17 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION An Initial Study /Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Planning Commission found that the analysis prepared is appropriate and recommends its adoption. The Planning Commission's findings and recommendation are provided in Planning Commission Resolution No. 1905 incorporated herein by reference. SECTION 3. FINDINGS 1. The site is located in an urban mixed -use area in proximity to commercial services, recreational uses, and transit opportunities. The proposed General Plan Amendment provides for variety of land uses for the site that will allow the City to consider various alternative uses to ensure neighborhood compatibility. 2. Pursuant to Charter Section 423 and Council Policy A -18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required if a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. The amendment would result in a 99 units being added to the Statistical Area and when this is added to 80% of the increase in units of the two prior amendments, the total does not exceed 100 units. The amendment would result in a net increase of 24,675 square feet and when this is added to 80% of the increase in floor area of the two prior amendments, the total does not exceed 40;000 square feet. The amendment is projected to decrease AM and PM traffic trips. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 3. The proposed amendments do not conflict with policies of the Coastal Land Use Plan and Coastal Act. Specifically, the project is consistent with Section 30213 and 30222 providing opportunities for visitors and recreational facilities by accommodating future development of the site with a hotel and through the reservation of at least 20% of the site for public open space planned to be developed with urban public plazas and promenades allowing public access and low -cost recreational activities. The intended purpose of the public plazas and promenades is to facilitate public access connecting various nearby visitor - serving commercial areas with the beach and bay as described in the Lido Village Design Guidelines in furtherance of Chapter 3 of the Coastal Act that seeks to enhance public access within the coastal zone. 4. The proposed CLUP Amendment provides protection of important coastal views and future development consistent with the proposed amendments would not significantly impact protected coastal views due to the location of the site. Future development consistent with the proposed amendments will result in taller buildings that would not be incompatible with the area due to the presence of several other tall developments in the area namely a 5 -story building located at 3388 Via Lido, a 3 -story building located at 3366 Via Lido, several 3 -story buildings located in Lido Marina Village, and 25 Planning Commission Resolution No. 1906 Page 3 of 17 two multi -story high rise residential towers located nearby at 601 and 611 Lafayette Avenue. 5. The proposed zoning Code Amendment provides appropriate use and development standards while ensuring compatibility of future development proposals through a future public hearing process. 6. The Local Coastal Program and its amendments shall be carried out fully in conformity with the Coastal Act and the City's Certified Coastal Land Use Plan. 7. City of Newport Beach approval of Local Coastal Land Use Plan Amendments (Amendment) shall become effective immediately upon the effective date of the California Coastal Commission (CCC) certification of the Amendment provided it is approved without suggested modifications. Should the CCC approve an Amendment with suggested modifications, City approval of the Amendment shall require a separate action by the City Council following Coastal Commission approval. In this case, the Amendment would become effective upon the effective date of the CCC certification of the modified Amendment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the following applications: 1. General Plan Amendment No. GP2012 -002 as provided in Exhibit B; 2. Coastal Land Use Plan Amendment No. LC2012 -001 as provided in Exhibit C; and 3. Zoning Code Amendment No. CA2012 -003 as provided in Exhibit D. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY, 2013. AYES: Ameri, Brown, Hillgren, Myers, Toerge, Tucker NOES: ABSTAIN: ABSENT: Kramer BY: Mi oerge, Ch ' an Yya . red Am , Secretary �E Planning Commission Resolution No. 1906 Page 4 of 17 EXHIBIT A City Hall Reuse Project Amendments GP2012 -002, LC2012 -001, and CA2012 -003 (PA2012 -031) 3300 Newport Boulevard & 475 32nd Street LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3,6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS 27 Planning Commission Resolution No. 1906 Page 5 of 17 SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30 "' WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 891630" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. 22 Planning Commission Resolution No.. 1906 Page 6 of 17 City Hall Reuse Project Amendments GP2012- 002(PA2012 -031) 3300 Newport Boulevard & 475 32nd Street A. Amend Table LU1 of the Land Use Element of the General Plan to add the following land use category: "Mixed Use Horizontal 5 (MU -H5) The MU -H5 designation applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The MU -H5 designation provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and /or civic uses. Civic uses may include, but are not limited to, a community center, public plazas, a fire station and /or public parking." B. Amend Table LU -2 to add Anomaly Location #80 as shown in the following table: All existing provisions within Table LU -2 remain unchanged 29 Table Anomaly U.11 Anornaly'Locations statistical Land Use Development Limits Development Limit Additionallnformation Number Area Designation Other Accessory commercial Any combination of floor area is allowed in 99 dwelling units and dwelling units and conjunction with a hotel 15,000 sf commercial hotel rooms and it is included within 80 135 MU -1-15 Or provided it does not exceed 99 dwelling the hotel development limit. Municipal facilities 99,625 sf of hotel units or 99,675 sf of are not restricted or hotel use. included in any development limit. All existing provisions within Table LU -2 remain unchanged 29 Planning Commission Resolution No. 1906 Page 7 of 17 C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: � I is- so? - 10 ` 3477 \ Jp s - 500 --2!!!S S � Job ' rt 505 3411 RT D 3405 n 1� _sot 500 flNlfY '5y1 .4101 AVf ? 3345 5� 400 1q 7747 3337 -404_ 3333 402_ 3325 400 b7 —3375 400 3305 CC -A � O / O RT -E `be C N m 0 3116 m + v a 3112 3110 0 CV -A � 2 J 0 0 a 0 a Ov VIA NIAIAGA All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #80 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Half' shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall' on any General Plan map or diagram is also authorized. 3iNO ST ail m o M q o MU -H JI �I JI I V l � l 1F fl All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #80 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Half' shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall' on any General Plan map or diagram is also authorized. Planning Commission Resolution No. 1906 Page 8 of 17 EXHIBIT C City Hall Reuse Project Amendments LC2012- 001(PA2012 -031) 3300 Newport Boulevard & 475 32nd Street A. Amend the Table 2.1.1 -1 of the Coastal Land Use Plan add the following land use category: Land Use Category Uses Density /Intensity 99 dwelling units and 15,000sf commercial The 11U categoory is intended to Or Proviiic for the development a nair of uses, tivhich naav inchide general, 99.625 sf of hotel Mixed Use — MU neighborhood or visitor - serving Or - camane1 ciM. commercial offices. Any combinotion of dwelling units visitor accommodations, lmdti- and hotel rooms ornvided it does not cmaily residential. mixed -arse exceed 99 dwelling units or 99,675 sf development, and /or civic arses. of hotel use. Municipal facilities are not restricted or included in on deve/aament limit. All existing provisions within Table 2.1.1 -1 remain unchanged 91- Planning Commission Resolution No. 1906 Page 9 of 17 B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5 -1, as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: _ . � J531 307 -510 _ 3421 0` \ t+ -508 J r• of a ,506 �3,411 c RT-D 3405 o -50z` S � W 500 z FIN-. F AVF 73 x4101/2 6cfl 4061/- 3345 3341 3317 3333 402 3325 ` - 3315 4001/2 3300 nnu -�v e � 3116 i 31fi 3110 Cv -A SI 475 32NO St 0 0 O O WJ s 400 3305 CC -A N OT IJ 4 IJ Y P I I RT -E , z 0 P 0 $e C N 3300 nnu -�v e � 3116 i 31fi 3110 Cv -A SI 475 32NO St 0 0 O O WJ s N OT IJ 4 IJ Y P I I Ulf All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Half' shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. 92 Planning Commission Resolution No. 1906 Page 10 of 17 C. Amend Policy 4.4.2 -1 as follows with deleted language in ntfikeeut and new language underlined': 4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4 -3, except for the following sltesites. A. Marina Park located at 1600 West Balboa Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but could house screened communications or emergency equipment. The additional height would create an iconic landmark for the public to identify the site from land and water and a visual focal point to enhance public views from surrounding vantages. B. Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall Complex): Buildings and structures up to 55 feet in height, provided it is demonstrated that development does not negatively impact public views. Peaks of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet. The purpose of allowinq buildings, structures and architectural elements to exceed 35 feet is to promote vertical Clustering resulting in increased publically accessible on -site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. Note that the policy language related to Marina Park has been adopted by the City Council but has not been approved by the California Coastal Commission as of the date of this exhibit. 93 Planning Commission Resolution No. 1906 Page 11 of 17 EXHIBIT D City Hall Reuse Project Amendment CA2012- 003(PA2012 -031) 3300 Newport Boulevard & 475 32nd Street A. Amend Section 20.14.020 (Zoning Districts Established) to establish the "MU -LV within Table 1 -1 as follows: Mixed= U"se,- Zoning Districts MU -V Mixed -Use Vertical MU -V Mixed -Use Vertical MU-MM MU -DW Mixed -Use MU -H Mixed -Use MU -CV /15th Street MU -LV MU -W1 Mixed -Use Water MU -W Mixed -Use Water - Related MU -W2 All existing provisions of Section 20.14.020 and Table 1 -1 remain unchanged. B. Amend Section 20.22.010 (Purposes of Mixed -Use Zoning Districts) to add the following subsection: "G. The MU -LV (Mixed- Use -Lido Village) zoning district. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The MU -LV designation provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and /or civic uses. Civic uses may include a community center, public plazas, fire station and /or public parking" All existing provisions of Section 20.20.010 remain unchanged: 94 Planning Commission Resolution No. 1906 Page 12 of 17 C. Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: - _ - x.3531 507 3421 „ 310 -508 �'�- -508 N 341$ 341$ 7 X34115 3• j aj ¢ �?0.8 3411 m ^! 50�' ti 34o5 h g CG 0.5 FAR s _ U 500 � i `L � I1NL[v 410112 AL'C s MCP ,!`081/2 - 3345 ro 7341 •� 1Q 0 3337 °' O - 404 _ 3333 a_ 402 1 3325 _ ~7715 RM 2 4001 2 400 3305 3300 MIU -LV ' CC 0.5 FAR ® CG07 / H 475 L�e� R -2 _ 32ND sr a o o °. o 1) p 3110 mti `+ N NY 7 I c ` I CV 0.5 FAR S S ti CN 0.3 FAR 1 F If J� 4 � I L ,ASS iSAIDU VIA MALAGA _ u3 Mu-CV/1 ZT NMW u All related zoning maps or diagrams shall be amended to maintain consistency with the new zoning district as shown above. Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall" shall be removed from the Zoning Map upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Half' on any Zoning Map or diagram is also authorized. 95 Planning Commission Resolution No. 1906 Page 13 of 17 D. Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) to add allowed uses and permit requirements for the new MU- LV zoning district within Table 2 -9 as follows: TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed' Land Use MU- W1(5)(6) MU -W2 MU -LV Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. industry. Manufacturing and Processing, Warehousing Uses Handicraft Industry P Industry, Manne- Related P P — Research and Development P P — Recreation. Education, and Public Assembly Uses Assembly /Meeting Facilities Small -5,000 sq. R. or less (religious assembly may be larger than 6.000 a . fL CUP cup Mu- Commercial Recreation and Entertainment CUP CUP Cultural Institutions P P — Parks and Recreational Facilities CUP CUP Schools, Public and Private CUP CUP -- Residential Uses Singla-Unit Dwellings Located an l sl floor — — — Located above 1st floor P (1) P (2) — Section 20.48.130 Multi -Unit Dwellings Located on 1st floor Located above 1st floor P (1) P (2) P Section 20.48.130 Tw Unit Dwellings Located on t st floor — — — Located above 1st floor P (1) P (2) — Home Occupations P P (2) Section 20 48110 Care Uses Adult Day Care Small (6 or fewer) P P P Child Day Care Small IS or fewer) P P P Section 20.48.070 Day Care, General — MUP — Section 20.48 070 Planning Commission Resolution No. 1906 Page 14 of 17 TABLE 2.9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.62.020) MUP Minor Use Permit (Section 20.62.020) LTP Limited Term Permit (Section 20.62.040) — Not allowed' Land Use MU-Wi (6)(6) MU -W2 MU -LV Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Retail Trade Uses Alcohol Sales (off -sale) MUP MUP MUP Section 2048.030 Alcohol Sales (off- sale). Accessory Only P P P Marine Rentals and Sales Boat Rentals and Sales P P P Marine Retail Sales P P P Retail Sales P P P Visitor- Serving Retail P P P Service Uses — Business. Financial, Medical. and Professional ATMs P P P Emergency Health Facilities /Urgent Care — P — Financial Institutions and Related Services (above 1st floor only) P P P Financial Institutions and Related Services(lst floor) — — P Offices — Business P P P Offices— Medical and Dental (above 1st floor only) — P — Offices—Profession P P — Service Uses — General Animal Retail Sales MUP MUP — Section 20 48.050 AnisM' Studios P P P Eating and Drinking Establishments Accessory Food Service (open to public) P P P Section 20.48 090 Fast Food (no late hours) (3)(4) P /MUP P /MUP PIMUP Section 20 4&090 Fast Food (with late hours) (3) MUP MUP MUP Section 20 48.090 Food Service (no alcohol. no late hours) (3)(4) P /MUP P /MUP PIMUP Section 20 48,090 Food Service (no, late hours) (3) MUP MUP MUP Section 20 48,090 Food Service (with late hours) (3) CUP CUP CUP Section 20.48 090 Take -Out Service — Limited (3) (4) P /MUP PIMUP PIMUP Section 20.48.090 Health /Fitness Facilities Small -2,000 sq. N. or less P P P Maintenance and Repair Services P P P Marine Services Boat Storage CUP CUP Boat Yards CUP CUP — Entertainment and Excursion Services P P — Marine Service Stations CUP CUP — Water Transportation Services P P — Personal Services Massage Establishments MUP MUP MUP Chapter 5.50 Section 2048.120 Massage Services, Accessory MUP MUP MUP Section 20.48.120 Net Salons P P P Personal Services, General P P P Personal Services. Restricted MUP MUP — Smoking Lounges — — — 97 Planning Commission Resolution No. 1906 Page 15 of 17 TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.62.020) LTP Limited Term Permit (Section 20.62.040) — Not allowed' Land Use MU -W1 (5)(6) MU -W2 141 Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Visitor Accommodations Hotels. Motels, Bed and Breakfast Inns, and Time Shares CUP CUP CUP Transportation, Communications, and Infrastructure Parking Fachnes MUP MUP MUP Communication Facilities P P P Heliports and Helistops (7) CUP CUP — Marinas Title 17 Marina Support Facilities MUP MUP — Ubbbes. Minor P P P Utilities, Major CUP CUP CUP Wireless Telecommunication Facilities Chapter 15.70 Other Uses Accessory Structures and Uses MUP MUP MUP Outdoor Storage and Display MUP MUP MUP Section 20.48 140 Personal Property Sales P P P section 20 40.150 Special Events Chapter 11.03 Temporary Uses LTP Lip I LIP Section 20.52.040 Uses Not Listed Land uses that are not listed in the table above, or are not shown in a panicular zoning district, are not allowed except as otherwise provided by Section 20 12 020 (Rules of interpretation). (t) May only be located on rots with a minimum of two hundred (200) lineal feel of frontage on Coast Highway. Refer to Section 20.48.130 (Mixed -Use Projects) for additional development standards. (2) May only be located above a commercial use and not a parking use Refer to Section 20 48 130 (Mbaed -Use Projects) for additional development standards. (3) Late Hours Facilities with late hours shall mean facilities that offer service and are open to the public past 1100 p.m any day of the weak (4) Permitted or Mina Use Permit Required a A minor use permit shall be required for any use located within five hundred (500) feet. popery line to Property line . of any residential zorl district b A minor use permit shall be required for any use that maintains late hours (5) Approval of a mina site development review, in compliance with Section 20.52 080. shall be required prior to any development to ensure that the uses are fully integrated and that polenlal i npacts from their differing activities are fully mitigated (6) A minimum of fifty (50) percent of the square footage of a mixed -use development shall be used for nonresidential uses. (7) Applicants for City approval of a helicon or hellstop shall provide evidence that the proposed heliport or bekstop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA). the Airport Lod Use Commission for Orange County (ALUC). and by the Caltrans DWIsion of Aeronautics All existing provisions of Section 20.20.020 remain unchanged. Planning Commission Resolution No. 1906 Page 16 of 17 E. Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the new MU -LV zoning district within Table 2 -11 as follows: TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Do ve l o pment Feature MU -W1 (3) 1 MU -W2 MULV Addlllonal Requirements Lot Dimensions (1)(2) Minimum dimensions required for each newly created lot Lot Area Mixed-use structures 20.000 sq. R- 2,500 sq R. 20,000 sq ft Non- mlxecWse structures 10,0130 sq. R. 2,500 sq R. 10." sq ft Lot Width Mixed -use structures 200 R. 25 R 200 ft Non- mixedkuse structures 50 A 25 R. 50 ft. Density (a) Minimum /maximum allowable density range lorresidential uses Lot area required per unit Minimum: 7.260 sq. R. per unit Minimum 1,631 Maximum 2.167 WA Floor Area Ratio (FAR) (5) WA Mixed-use deselopment Min. 0.35 and Max 0.5 for Min. 0.35 and Max. 0.5 for 99 dwelling units and 15.000 at nonresidential uses nonresidential, commercial (6) Max. 0.5 for residential uses. (3) Max 0.75 for residential uses. Max. 1.0 for mixed -use projects Lido Manna Village Min. 0.35 Max 0 7 for nonresidential and 0.6 residential Nonresidential only 0.5 commercial only (3) 10 .5 commercial only 199,625 at of hotel (6) Setbacks The distances below are minimum setbacks required for primary structures. See Section 20 30 110 (Setback Regulations and Exceptions) for setback measurement, alkrwed projections into setbacks, and exceptions Front 0 0 Newport Boulevard. 0 R. for bebw grad. structures 20 R. for structures up to 26 feet m height 35 R fOr structures Oster 26 test in height Side 0 0 32nd Street. 0 R. far below goods structures 0 R. M structures up 10 20 leel in height 10 R for slluclures oser 26 feet in height kRenoc. 0 R. W below grade structures 5 R for abase grade structures Side adjoining a residential 5 ft. 5 R. 5 R. district Rear 0 0 5 R Rear residential portion of WA 5 R 5 ft . mixed use Rear nonresidential adjoining a NIA 5 R 5 It flood Ind dlstnct. Rear adjoining an allay NIA 10 R. 101 Bulkhead setback loft 10 R loft 0 Planning Commission Resolution No. 1906 Page 17 of 17 TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Open Space MA I MA 1 20% df properly Common open space Minimum 75 square feel /dwelling unit. (Tie minimum dimension (length antl width) shell bs 15 feet.I Prlete open space 5% d the gross floor ems for each dwelling Will Dtle minimum dimension (length and width) shall be 8 Wet) Separation Distance Mintmun distance behimen detached structures on same M loft 1 10R 04. lleght Maximum allowable height of stmchwes without Wscrdiwery applwal See Section 20 30050 (Height Limits all Exceptions) for height measurement eqummenla. Sea Section 20.30.06l (Increase in Heignl Lime) For possible increase in height limit 25 R. with Rai md. less than W12 mol pitch 55 R. "In Rat root, Was than 3112 rod pitch C 31 R. with sloped rod, 112 roof port. or'eater 50 p. Wit, supm rod. 3/12 rod pRehceiga er (71 Fencing Sea Section 20.30040(Fances. Hedges, Wells, and Retaining Walls). Landscaping Sea Chapter M. W Landscaping Standards). Lighting See Section 2030070 (Outdoor Lighllrg) Outdoor Stwege'Disylay, See Section 2p4S.140(Ourdow Storage, Display, and Aetmhes) Paving See Chapter 20.40 (Off mad Parking). Satellite Antennas Sea Section 20.45,190 (Satellite Antennas and Amaleur Red. Facilities). Signs Sae Chapter 20 42 Standards). Noes (1) All dielopmanl and Me subdiNsian of land shall comply With the roqulremenu d Title 19 (SubdlNslons). (2) The standards for minimum lot area and lm width are Intended to regulale uWs lordeselopmenlpur,mas only and are not Intended to establish minimum dimensions Writes craaewl of ownership or leasehold (e.g.. condominium) purposes. (3) Amireaum oil 150) percent ollhe squamfootage ma mlmd -Ise tlaelapmenl shell caused tar Wnreseemal uses (4) Far line purpose of determining Me allowable number ofunili, poisons of legal lots that am submerged lands or Edelands slNll be Included Inland area al pie site (5) PONons of legal lots Nal are Submerged lands or tidelands snail be Induction Me net area of me lolforme plumose of CBIWIBOng Ne eIJ..Ne floor area oluWCWres (5) Arty combinations of dwelling units and noel moms pmNdatl ll does not located 99 dwelling units W99.575 slat WWI use MWtlpalfacilleesamnolesMctidbyor Included In any delelopment limit (7) A1WWCbeY Yahaes surd BS domes, rowers. apolas.splms.aM UtmllV eeucWms may exceed SS feelby tO keL All existing provisions of Section 20.20.030 remain unchanged. 100 Attachment F Shade /shadow analysis 101 Intentionally Blank 102 Shade /Shadow Study of City Hall Complex Reuse Amendments The City is currently processing General Plan Amendment No. GP2012 -002, Coastal Land Use Plan Amendment No. LC2012 -001, and Zoning Code Amendment No. CA2012 -003 (PA2012 -031) affecting the property located at 3300 Newport Boulevard and 475 32nd Street, Newport Beach, California. The attached shading diagrams are based upon a proposal to apply a 26 -foot and 55 -foot height limits and setback standards contained within the proposed Zoning Code Amendment. Additionally, the diagrams reflect no development within an existing access easement area near the intersection of Newport Boulevard and Finley Avenue. The City does not have an adopted standard or threshold for shading impacts. The City has considered a significant impact related to shadows when 50 percent of shadow - sensitive use or area is in shade /shadow for at least 50 percent of the time between 9:OOAM and 3:OOPM Pacific Standard Time ( "PST ") between late October and early April or between 9:OOAM and S:OOPM Pacific Daylight Time ( "PDT ") between early April and Late October. This standard has been used by the City in past CEQA documents. Shadow- sensitive uses include, but are not limited to, residential, recreational and park areas, plazas, schools, and nurseries. No shadow - sensitive uses are currently located in proximity to the subject site; however, the City is processing an application to develop residential uses approximately 50 feet to the east of the project site at 3355 Via Oporto. The study focuses on this property and it is outlined in the attached shade diagrams. The shade /shadow diagrams were produced by Rabben Herman Design for the Winter solstice and October 31" to provide the most conservative analysis (i.e. worst case) where the shadows are the longest. It should be noted that future buildings may not completely fill the entire height envelope. On October 31st, project - related shadows will not affect 3355 Via Oporto until approximately 1:20PM, thereby leaving this property free of project - related shadows for more than 50 percent of the time between 9:OOAM and S:OOPM PDT. On the Winter solstice (December 21 "), project - related shadows will not affect 3355 Via Oporto until approximately 1:20PM, thereby leaving this property free of project- related shadows for more than 50 percent of the time between 9:OOAM and 3:OOPM PST. At 3:OOPM PST, less than 50 percent of the area proposed for residential development at 3355 Via Oporto would be in shadow. Conclusion: Shading from future development at the City Hall site will not significantly impact future residential uses developed at 3355 Via Lido. Community Development Department February 26, 2013 103 CITY OF NEWPORT BEACH City Hall Reuse Amendments (PA2O12 -031) Shading Study 104 CITY OF NEWPORT BEACH Rabben fHe��nan City Hall Reuse Amendments (PA2O12 -O31) Shading Study C99esiq OTTICe len 105 CITY OF NEWPORT BEACH RabbenfHe��nan City Hall Reuse Amendments (PA2012 -031) Shading Study C esiq OTTICe MG AM otl 100 CITY OF NEWPORT BEACH City Hall Reuse Amendments (PA2012 -031) Shading Study 107 CITY OF NEWPORT BEACH City Hall Reuse Amendments (PA2012 -031) Shading Study 1: 14 CITY OF NEWPORT BEACH Rabben fle��nan City Hall Reuse Amendments (PA2012 -031) Shading Study C99esiq OTTICe len 109 w � CITY OF NEWPORT BEACH Rabben fHe��nan City Hall Reuse Amendments (PA2O12 -031) Shading Study C esiq OTTICe len 110 CITY OF NEWPORT BEACH City Hall Reuse Amendments (PA2012 -031) Shading Study 111 'IP�� NOTICE IS HEREBY GIVEN that on Tuesday, March 26, 2013, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Existing City Hall Complex Reuse Amendments - The City of Newport Beach is proposing to amend the General Plan, the Coastal Land Use Plan, and the Zoning Code related to the existing City Hall Complex located at northeast corner of Newport Boulevard at 32nd Street. The proposed amendments would allow for the future redevelopment/reuse of the existing 4.26 -acre property. The proposed amendments do not include a specific development project at this time and future development would undergo subsequent public review. The General Plan land use designation would be changed from "Public Facilities" (PF) to a new land use designation: "Mixed Use - Horizontal" (MU -H5). The Coastal Land Use Plan would be amended to change the "Public Facilities" (PF) designation to a new designation: "Mixed Use" (MU). The Coastal Land Use Plan amendment also includes a change to Policy 4.4.2 -1 to allow buildings and structures taller than 35 feet. The "Public Facilities" (PF) zoning designation would be changed to a new zoning district: "MU -LV" (Mixed Use -Lido Village). The MU-1_V zone would also include use and development standards for future development including substantial public open space. The amendments collectively would create land use and zoning designations to facilitate a future mixed - use project that could include up to 99 apartments and up to 15,000 square feet of retail commercial area or up to 99,675 square feet of hotel uses. The amendments would also allow a combination of residential or hotel uses, and other municipal uses including a fire station. NOTICE IS HEREBY FURTHER GIVEN that a Mitigated Negative Declaration (MND) has been prepared by the City of Newport Beach in connection with the application noted above consistent with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and City Council Policy K -3. The MND uses and incorporates by reference the environmental analysis from the City of Newport Beach Environmental Impact Report General Plan 2006 Update SCH No. 2006011119, certified on July 25, 2006. The MND indicates that the proposed land use and zoning amendments will not result in a significant effect on the environment. It is the present intention of the City to accept the MND and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the MND and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www. newportbeachca .gov /cegadocuments. NOTICE IS HEREBY FURTHER GIVEN that on January 17, 2013, by a vote of (6 -0 -1), the Planning Commission of the City of Newport Beach recommended that the City Council approve the proposed amendments. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff report, and related documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact James Campbell, Principal Planner at 949 - 644 -3210 or icampbell(onewportbeachca.gov. Project File No.: PA2012 -031 Zone: PF (Public Facilities) Location: 3300 Newport Blvd. and 475 32nd St. Applicant: City of Newport Beac' Activity No.: General Plan Amendment No. GP2012 -002, Coastal Land Use Plan Amendment No. LC2012 -001, Zoning Code Amendment No. CA2012 -003 General Plan: Public Facilities Leilani Brown, City Clerk City of Newport Beach Easy PeeR Labels i A Bend along line to I :�VERY0 51600 Use Avery® Template 51600 Feed Paper expose Pop -up EdgeTM i 047 032 08 047 041 31 047 042 01 31ST STREET -LIDO LLC 32ND STREET PARTNERS 11 430 31ST STREET LLC 4 UPPER NEWPORT PLZ #100 3310 MARCUS AVE 430 31ST ST NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 11104 423 12315 047 04106 503 32ND STR LLC ATLANTIS LIDO INC BALBOA CORONA LTD 503 32ND ST #200 1640 S SEPULVEDA BLVD #515 348 DAHLIA PL NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90025 CORONA DEL MAR, CA 92625 423 383 17 047 042 10 423 101 15 BANK OF AMERICA BARRY INC BELL 315 32ND ST 605 VIA LIDO SOUD PO BOX 85 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 TRABUCO CANYON, CA 92678 423 101 18 423 097 05 423 102 07 BELL PAC BELLAVIA SAVOY M BRADLEY H SMITH 3421 NEWPORT BLVD 3313 FINLEY AVE 402 CLUBHOUSE AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 102 11 047 060 01 047 032 19 - BRUCE ROBERT BECKMAN CAGNEY ENTS LLC CANNERY LLC 304 HELIOTROPE AVE PO BOX 546 1901 BAYADERE TER CORONA DEL MAR, CA 92625 CARDIFF BY THE SEA, CA 92007 CORONA DEL MAR, CA 92625 047 041 36 047 060 12 423 096 07 CANVIL LLC CATELLUS NEWPORT LLC CHARLES H ETTENSPERGER 2549 EASTBLUFF DR #321 66 FRANKLIN ST #200 2540 S 10TH AVE NEWPORT BEACH, CA 92660 OAKLAND, CA 94607 ARCADIA, CA 91006 423 12317 047 032 04 939 840 33 CHARLES H HOFGAARDEN CHARLOTTE LJACKSON CHRISTINE BRAATHEN 3340 VIA LIDO 510 31ST ST 512 35TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 111 07 423 101 05 047 04135 CHURCH RECTOR WARDENS & WORLD OIL CO CLOSE 3209 VIA LIDO 9302 GARFIELD AVE 1915 BAYADERE TER NEWPORT BEACH, CA 92663 SOUTH GATE, CA 90280 CORONA DEL MAR, CA 92625 047 042 21 047 04124 933 940 01 C -SAND LLC DANNY CHARLES HILTON DONALD E COLE 812 VIA LIDO NORD 425 31ST STREET 3326 VIA LIDO NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 382 01 423 123 10 423 097 03 DONJAC PROPERTIES NO 4 ENCUMBRANCE CORP OCRC ERIK BLOCK 0 PO BOX 477 7 CORPORATE PLAZA DR 409 CLUBHOUSE AVE SURFSIDE, CA 90743 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 Etiquettes faciles a peter i Se® de Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY 5160® reveler le rebord Pop•upTM A d 1- 800 -GO -AVERY i chargement Easy Peep'. Labels Use Avery@ Template 51600 i A t Bend along ine to I �' Feed Paper expose Pop -up EdgeTM ' AVERY@ 51600 J! 423 112 01 932 840 87 423 101 11 FAINBARG I LP FLAPMASTER LLC FREDERICK L SMITH 129 W WILSON ST #100 2550 5TH AVE #1030 512 CLUBHOUSE AVE COSTA MESA, CA 92627 SAN DIEGO, CA 92103 NEWPORT BEACH, CA 92663 932 840 89 423 097 04 423 383 16 GARY LJARVIS LLC GEE LAN TO- RAASIG GREG SMITH 424 32ND ST #F 405 CLUBHOUSE AVE 122 37TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 381 06 047 042 25 423 102 06 GREGORY WATERS GUY E MINER GWEN Y HASS 3302 MARCUS AVE 365 VIA LIDO SOUD 400.5 CLUBHOUSE AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 10113 423 09109 047 031 25 H NORENE TIGHE HELEN A CONOVER HERMAN GULEZYAN 516 CLUBHOUSE AVE 501 34TH ST 1630 ANTIGUA WAY NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 423 38104 047 042 22 423 383 14 JACK E MATHER JACKSON JAEWOOK CHUNG 3306 MARCUS AVE 418 31ST ST 811 MADERA PL NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 FULLERTON, CA 92835 423 383 03 047 042 23 047 041 20 JAMES B BRACHMAN JENNY M GILCHRIST JOHN NEWCOMB 310 33RD ST 410 31ST ST #A 3103 VILLA WAY NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 047 041 17 423 101 22 939 840 34 JON A SHEPARDSON JULIE S CHAMBERS KENNETH J CATANZARITE 0 PO BOX 2971 500 CLUBHOUSE AVE 2331 W LINCOLN AVE NEWPORT BEACH, CA 92659 NEWPORT BEACH, CA 92663 ANAHEIM, CA 92801 047 03103 423 102 02 047 032 03 KERRAGEOUS I LLC KWON LADORNA E EICHENBERG 9701 WILSHIRE BLVD #1115 69 FRANCES CIR 1 COLLINS ISLE BEVERLY HILLS, CA 90212 BUENA PARK, CA 90621 NEWPORT BEACH, CA 92662 423 10209 047 04108 423 096 06 LARRY KIRSCHENBAUM LARRY RAM MAR LAWSON HUGHES 406 CLUBHOUSE AVE 16585 ENSIGN CIR 5316 TOPEKA DR NEWPORT BEACH, CA 92663 HUNTINGTON BEACH, CA 92649 TARZANA, CA 91356 047 032 06 423 102 03 423 11101 LEWIS LIDO PACIFIC LLC LIDO PARTNERS 216 VIA DIJON 441 N BEVERLY DR #207 3425 VIA LIDO #250 NEWPORT BEACH, CA 92663 BEVERLY HILLS, CA 90210 NEWPORT BEACH, CA 92663 Eti uettes faciles a eler 9 p I i ' Sens de Repliez a la hachure afin de � ' vvww.avery.com Utilisez le gabarit AVERY 51600 b chargement reveler le rebord Pop -upTM A 1- 800 -GO -AVERY i Easy Peel Labels a A C Bend along ine to i ' Use Avee Template 51600 Feed Paper expose Pop-up EdgeTM �� 5160® 423 123 16 423 101 16 047 041 21 LOS ADOBES INC M E KOFFORD JR. MAE MARIES LLC 180 N MESA HILLS DR 105 VIA ORVIETO 415 30TH ST EL PASO, TX 79912 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 09103 423 383 01 047 041 18 MARGARET MARTIN MAUREEN DOWNEY MERIAM BRASELLE 880 MORNINGSIDE DR #M124A 314 33RD ST 536 POPLAR ST FULLERTON, CA 92835 NEWPORT BEACH, CA 92663 LAGUNA BEACH, CA 92651 423 123 18 047 04137 423 38107 MICHAEL A MATTHEWS MICHAEL J ROBERTS MICHAEL MAHONEY 542 HARBOR ISLAND DR 1135 SW MYRTLE CT 3300 MARCUS AVE NEWPORT BEACH, CA 92660 PORTLAND, OR 97201 NEWPORT BEACH, CA 92663 423 10112 047 04105 423 112 03 NEPP NEWPORT BEACH ALAND CLUB NEWPORT BEACH TOWNHOUSE LLP 8 MALLARD 414 32ND ST 500 HOGSBACK RD IRVINE, CA 92604 NEWPORT BEACH, CA 92663 MASON, MI 48854 423 10103 423 091 10 423 123 14 NEWPORT LIDO LLC NORMAN C MANZ NORMAN 1 REST 0 PO BOX 17448 2745 SANDPIPER DR 736 CANYON VIEW DR ANAHEIM, CA 92817 COSTA MESA, CA 92626 LAGUNA BEACH, CA 92651 423 091 11 423 123 12 423 38103 P H PRATO PAMELA L WHITESIDES PATRICK B CUNNINGHAM 505 CLUBHOUSE AVE 3322 VIA LIDO 11839 BELLAGIO RD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90049 047 041 25 423 09104 423 383 02 PATRICK CHAMBERLAIN PAULA MARSHALL PAUL F BELNA 1080 SALINAS AVE 1420 KINGS RD 0 PO BOX 3585 COSTA MESA, CA 92626 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92659 423 10109 423 382 04 047 042 07 PETER J & CARMEN J BOLLINGER JR. PHILIP W CYBURT III POLIQUIN LTD 508 CLUBHOUSE AVE 3206 MARCUS AVE 18951 NEWTON AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 SANTA ANA, CA 92705 423 102 01 047 042 09 933 940 02 PORT PROPERTIES INC RENE BARGE RICHARD C FARRELL 0 PO BOX 485 408 31ST ST 3324 VIA LIDO LAGUNA BEACH, CA 92652 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 381 05 423 102 08 423 091 12 RICHARD TAKETA ROBERTJ BREWER ROBERT WAYNE BROWN JR. 3304 MARCUS AVE 404 CLUBHOUSE AVE 507 CLUBHOUSE AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 Eti uettes faciles a eler i q p � A Repliez a la hachure afin de www.avery.com I Utilisez le abarit AVERYO 51600 Sens de r reveler le rebord Po u TM ' 1- 800 -GO -AVERY ' 8 A cargement p' p A A Easy Pelf Labels I A Bend along ine to I ' Use Avery® Template 51600 Feed Paper expose Pop -up EdgeTM AVERY@ 51600 .A 423 382 02 ROGER DEAN BEHRENS 4611 E SOLANO DR PHOENIX, AZ 85018 932 840 85 RUSTY JAMES 424 32ND ST #B NEWPORT BEACH, CA 92663 423 101 23 SHERI NINOMIYA 0 PO BOX 1185 PLEASANTON, CA 94566 423 101 04 STEVEN J FLANDERS 0 PO BOX 3593 NEWPORT BEACH, CA 92659 932 840 86 SUSAN J BARLOW 453 SANTA ANA AVE NEWPORT BEACH, CA 92663 047 041 33 THIRTY FIRSTSTREET LLC 415 30TH ST NEWPORT BEACH, CA 92663 047 041 07 TIMOTHY MICHAEL HAROLD 3116 NEWPORT BLVD NEWPORT BEACH, CA 92663 932 840 84 RTED IRVINE LLC 17100 GILLETTE AVE IRVINE, CA 92614 423 383 13 SAROJA NAIDU 309 32ND ST NEWPORT BEACH, CA 92663 423 10108 SMITH 2404 CLIFF DR NEWPORT BEACH, CA 92663 423 101 07 STEVEN TAGGART 504 CLUBHOUSE AVE NEWPORT BEACH, CA 92663 423 102 05 SUZANNE B SCOFIELD 400 CLUBHOUSE AVE #A NEWPORT BEACH, CA 92663 423 382 03 THOMAS ATERICH 201 MIDDLEFIELD RD BELLINGHAM, WA 98225 047 042 20 VINCENT C TAORMINA 0 PO BOX 485 CORONA DEL MAR, CA 92625 047 032 05 RUSSELL E FLUTER 2025 BALBOA BLVD W NEWPORT BEACH, CA 92663 423 102 12 SCOTT E SMITH 410.5 CLUBHOUSE AVE NEWPORT BEACH, CA 92663 423 097 06 STEVEN HUNT 11321 EAGLE VIEW DR SANDY, UT 84092 047 042 04 SURVIVORS MARSHALL 810 BAY AVE W NEWPORT BEACH, CA 92661 047 04132 TCCB INVESTORS LLC 3110 NEWPORT BLVD NEWPORT BEACH, CA 92663 047 042 02 THOMAS DIXON 428 31ST ST NEWPORT BEACH, CA 92663 423 097 02 WALTER C TALLEU R J R. 3311 FINLEY AVE NEWPORT BEACH, CA 92663 047 031 23 047 042 26 047 032 07 WARDENS RECTOR WESTFORK RANCH LLC WESTREM 3209 VIA LIDO 412 31ST ST 1006 E BALBOA BLVD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92661 BALBOA COVES COMMUNITY ASSOC. BALBOA ISLAND IMPROVEMENT BALBOA PENINSULA POINT BOYD MANAGEMENT ASSOCIATION ASSOCIATION DEBBIE BOYD JEFF HERDMAN DENNIS BOROWSKY 27758 SANTA MARGARITA PKWAY 410 204 CORAL AVE 2037 SEVILLE AVE MISSION VIEJO, CA 92691 NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92661 CENTRAL NEWPORT BEACH LIDO ISLE COMMUNITY ASSOC. CANNERY VILLAGE ASSN. COMMUNITY ASSOC. 507 29TH ST A LOUISE FUNDENBERG PATRICK SANDERS 701 VIA LIDO SOUD NEWPORT BEACH, CA 92663 808 W BALBOA BLVD NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92663 @tiquettes faciles a peter A Repliez a la hachure afin de www.avery.com Utilisez le abarit AVERYO 5160® Sens de revzler le rebord Po u *M ' 1- 800 -GO -AVERY g A chargement P- P A 11 Easy Peer' Labels i A Bend along line to ❑ ��'�® 5160® ' Use Avery® Template 51600 feed Paper expose Pop -up EdgeTM LIDO MARINA VILLAGE 1400 QUAIL ST 195 NEWPORT BEACH, CA 92660 LIDO SANDS COMMUNITY ASSOCIATION ATTN: NICOLAI GLAZER 5300 RIVER AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH RESTAURANT ASSOCIATION PO BOX 2295 NEWPORT BEACH, CA 92659 NEWPORT ISLAND INCORPORATED ATTN: JIM MILLER 4101 SEASHORE DRIVE NEWPORT BEACH, CA 92663 VILLA BALBOA COMMUNITY ASSN. ACTION PROPERTY MANAGEMENT ATTN:ROBIN ALLEN 2603 MAIN STREET 500 IRVINE, CA 92614 LIDO PENINSULA COMPANY BELLPORT GROUP ATTN: MANAGEMENT REP 151 SHIPYARD WAY NEWPORT BEACH, CA 92663 MARINERS MILE BUSINESS OWNERS ASSOCIATION NED MCCUNE 424 E. 16TH ST COSTA MESA, CA 92627 NEWPORT HEIGHTS COMMUNITY ASSOCIATION ATTN: JAN INE ALLEN 406 SAN BERNARDINO NEWPORT BEACH, CA 92663 PARK LIDO HOA DIVERSIFIED ASSOC. MGMT. 180E MAIN ST 101 TUSTIN, CA 92780 LIDO PENINSULA RESORT BESSIRE & CASENHISER, INC ATTN: RICHARD BESSIRE 430 S SAN DIMAS AVE SAN DIMAS, CA 91773 NEWPORT BEACH CHAMBER OF COMMERCE RICHARD LUEHRS 1470 JAMBOREE RD NEWPORT BEACH, CA 92660 NEWPORT HEIGHTS IMPROVEMENT ASSOCIATION DON KROTEE 2916 CLAY ST NEWPORT BEACH, CA 92663 VERSAILLES HOA TSG INDEPENDENT ATTN: JACKIE SHRADER 901 CAGNEY LANE NEWPORT BEACH, CA 92663 PA2012 -031 Existing City Hall Complex Reuse Amendments Etiquettes faciles a peler ® Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51600 Sens de r6veler le rebord Po u Tm ' chSens dent p- P d 1-800-GO-AVERY .avery orn CITY CLE�K�S OFFI � E T.f� F .L�� .�. T ��F l•'��ti�1 IP�� On }•tiIc,�-c-N \5 , 2013, 1 posted 6 Site Notices of the Notice of Public Hearing regarding: Existing City Hall Complex Reuse Amendments Location: 3300 Newport Blvd. and 475 32 "d St. (PA2012 -031) Date of City Council Public Hearing Pf;000F OF PU = Ic* T * I STATE OF _ AL_li ORlllA i COUNTY O F ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT,- which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Tuesday, March 16, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on March 20, 2013 at Los Angeles, California Signature ""Jj `J � , Il;� aril -� , ; 0£:11 del SZ014Elul Published Newport�.'Bh a2 Alepa 1",